Resolution No. 93-66 Emig
lung ASM JU
N,te,
CITY OF TIGARD, OREGON
RESOLUTION NO. Q3
A RESOLUTION OF THE CITY COUNCIL, CITY OF -TIGARD, OREGON, APPROVING
THE INTERGOVMINMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE
CITY OF DURHAM, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT, AND
APPOINTING THE CITY'S MEMBER AND ALTERNATE TO THE INTERGOVERNMENTAL
WATER BOARD CREATED UNDER SECTION 3 OF THE AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD THAT:
SECTION 1: The Intergovernmental Agreement for water services
between the City and Durham, attached hereto as
Exhibit A, is approved. The Mayor is hereby
authorized and directed to execute the Agreement.
SECTION 2: The Cit: Recorder is authorized to do all things
necessary to secure signatures from the City of
Durham and to deliver a cops of the s:s ed Agreement-
to
greementto the City of King City and the Tigard Water
District.
SECTION 3: �h^ �'�� �}� is designated as
the City's member on the Intergovernmental. Water
Board created under Section 3 of the Agreement.
-- au.l 1-- L_Ln is designated as
the City's alternate member on the Intergovernmental
Water Board.
PASSED: By LX n ft0tmcLI5 vote of all Council members
present after being read by number and title only,
this day of , 1993.
Cathy Wheatley, City Rec der
APPROVED: This a Xis day ,ofjj 1993.
1 ra Edwards, Mayor
A,7r,, I as to form:)
Ci y Attorney
Date: /. /02S K3
� a 1 ' N ., AN -f
EXHIBIT A
I1'TERGOVERNIXIE14TA!, AGREEMENT r$V i tj-ci A't
BETWEEN THE CITIES OF TIGARD AND DURHAM +C les _ Len ,Z,Q / iI
FOR DELIVERY OF WATER SERVICE TO DURHAM
u),�dS—�
This Agreement is made and entered into by the cities of
Tigard, an Oregon municipal corporation, (hereinafter "Tigard")
and Durham, an Oregon municipal corporation, (hereinafter II
"Durham"). Tigard and Durham are icintly roferred to herein as;
"the Parties." Unless identified as "original," "District"
refers to the remnant Tigard Water District.
RECITALS:
1. The cities of Tigard, King City and Durham (collectively
the "Cities") withdrew from the original District effective July
1, 1993.
2. Pursuant to ORS 222.540, the District is obligated to
turn over to the Cities its water mains, service installations,
structures, facilities, improvements and other property in the area
withdrawn from the District as It existed or. June 30, 1993,
(original District) that are not necessary for the operation of the
remainder of the water supply system of the District.
3_ The area withdrawn by Tigard was a major portion of the
original District. Because of this, Tigard is entitled to a major
portion of the original District's infrastructure pursuant to ORS
222.540, King City and Durham are entitled to smaller portions of
the original District's infrast.ruoture. Furthermore pursuant to
ORS 222.550, should the District dissolve, Tigard will be in a
position to obtain all of the District's remaining assets which
have not been distributed under ORS 222.540.
4. With the assets and infrastructure obtained by its
withdrawal from the original District, Tigard is creating a city
water department_
5. The Cities and District agree that it is in their best
interest if King City, Durham and the District were to be an
integrated part of a water supply network receiving water service
from Tigard's city water department_ Tigard will receive revenue
from water users in Tigard, King City, Durham, and the District,
andwith that revenue Tigard will provide the funds to pay for
expenses incurred in providing water service.
6. The Cities and District agree that it is in their best
interest to share authority for decision-making regarding the long-
term water supply and capital improvement planning to serve
present and future water customers of the original District.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 1 (12/23/93 - FINAL)
nion
7. The Parties shall cortinue to prepare independent tax
coordination plans.
81. The Parties acknowledge that they have authority to enter
into ths Intergovernmental Agreement pursuant to the powers of
their respective municipal charters and pursuant to ORS 190.010.
NOW, THEREFORE, the premises being in general as stated in
the foregoing recitals, it is agreed by and between the Parties
hereto as follows:
1. Mission Statement.
The Cities withdrew from the original District with intent to
take a more active role in planning and operating a domestic water
supply system for the Southeast Washington County area in order to
provide the residents of that area with the highest quality water
service at the lowest possible cost. In keeping with that
intention, the Parties to this Intergovernmental Agreement commit
to working together to provide all of the residents and undeveloped
property in the original District with a clean, economical wateY
supply . The Parties further commit to working together and with
other agencies and jurisdictions in a cooperative effort to plan
for the ft;+ure long term water supply needs of the area.
{ 2. Term.
This Agreement will be in full force and effect until December
31, 2018, unless sooner terminated by one or both of the Parties.
Either party may terminate this Agreement by providing written
notice to the other party a minimum of five years prior to the
effective date of termination. Tigard recognizes that by this
Agreement, it Is assuming the responsibility to provide water to
the inhabitants of Durham for the duration of this Agreement unless
a reasonable alternative domestic water supply is available to
Durham and the Agreement is terminated .
3. Intergovernmental Water Board.
A. Tigard will establish an Intergovernmental Water Board
(IWB). The Intergovernmental Water Board will consist of five
members. Meaaters of the Board will be appointed by the respective
governing bodies as follows:
Tigard - One Member
King City - One Member
Durham - One Member
Distract/UnincorporatedArea - One Member
At Large - One Member selected by a majority vote of the
Other Members
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 2 (12/23/93 - FINAL)
3
B. Intergovernmental Water Board Terms.
(1) Initially, three Board members shall be appointed for a
term of three years (from January 1, 1994 to December
31, 1996) and two Board members shall be appointed for
a term of two years (from January 1, 1994 to December
31, 1995) . There shall be a drawing of lots to determine
which Board members will serve two years and which will
serve three years. Thereafter, Board members shall have
two year terms.
(2) Board members shall be appointed in December for the
following two year term. Each term will begin on January
1. Each term will end on December 31 and each Board
member shall serve until a successor has been appointed.
Members may be re-appointed to succeeding terms.
Vacancies may be filled in the same manner as a regular
appointment.
(3) Board members shall be an elected official serving on
the respective governing body except for that member
selected by a majority vote of the other members. Each
respective governing body may appoint an alternate to
attend meetings in the place of a regularly appointed
Board member. The alternate shall be appointed in the
same manner and must meet the same qualifications as the
regularly appointed Board member.
C. Tigard may appoint city officials as ex officio members
0 of the intergovernmental Water Board to assist the Board in its
duties. They shall serve at the pleasure of the Tigard City
Council and shall have no voting privileges.
D. A quorum of the Board shall be three (3) members. All
actions of the Board shall require at least three (3) votes,
e excluding abstentions.
E. The Intergovernmental Water Board will make
recommendations to the Tigard City Council on water service issues
and will have the following responsibilities :
(1) to make a continuing study of the rate structure of the
water system.
(2) to consider and prepare plans for and make
recommendations to the Council for a long-range operation
and management program.
(3) to investigate and study means of effecting economies in
operation and management.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 3 (12/23/93 - FINAL)
rARM['=
W ail
=aka reeov menclations to the Budget
( (4) to review ate• ...-.__ for Committee and u Council on all budget rtqu<sts
operation and maintenance.
(5) to study and consider ways and means of improving the
water system and services which it provides.
■
(6) to study anti make recommendations on Tigard°s progr
for providing insurance for system assets and operatXo ns-
(7) to make a continuing review of any and all rules and
regulations regarding the water system which may be
adopted by the Council and periodically to make
recommendatlons
ruleseCouncil or and regulations. additions or
(8) to work with other agencies and jurisdictions in a
cooperative effort to plan for the future water supply
needs of the area.
(9) to make recommendations to the Council relative totther all
of the above-mentioned matters and as to any
ay feel
matters which the Intergovernmental Water Boar e moverall
to be for the good of the water system,
public interest and for the benefit of the consumer.
F. Power to Grant Variances
(1) Except when prohibited by subsection 2 of this section,
upon application, the Intergovernmental Water Board may
grant variances from the water system rules and
regulations enacted by the Citd y of Tigard when it finds
that: a) strict application of the rules and regulations
create undue economic hardship for the appli�nt,with no
tb
significant benefit to the water system, ) on the water
requested has no material advce
erse effect up
system and it IS consistent with established policies of
the Tigard City Council.
(2) The Intergovernmental Water Board may not grant variances
relating to annexation of property, fire protection
requirements, cross-connection requirements, fees, rates
and charges.
4. Division of Original.District Assets.
A. Pursuant to ORS 222.540(4) , the District agrees that the
division of assets after withdrawal
from the original District by
the Cities shall be consistent with the following concepts:
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 4 (12/23/93 - FINAL)
(1) Assets include real, personal and intangible property.
Intangible property" includes but is not limited to: moneys,
Chou es, drafts, deposits, interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Tigard's water supply system throughout the original
District :^t including those "other assets" of Tigard.
Personal and intangible property are system assets_
Water mains, service installations, structures,
facilities, improvements or other property necang.r F--
operation of the City of Tigard's water supply system
throughout the original District are system assets.
b. Other Assets: Assets not neccssary for the
operation of the City of Tigard's water supply system
throughout the original District. Other assets shall
become the property of the jurisdiction in which the
asset is located. Water mains, service installations,
structures, facilities, improvements or other propsrty
not necessary for the operationof the City of Tigard's
water supply system throughout the original District are
other assets.
B. All system assets and other assets shall be pledged by
t the Cities and the District to Tigard. All system assets and other
assets shall be managed by Tigard and shall be utilized by Tigard
in order to provide water services to properties, residences and
businesses in the original District.
C. Should one of the Cities or the District terminate its
I water service agreement with Tigard, the Cities' and the District's
proportionate interest in a system asset shall be determined based
upon the following formula:
Jurisdiction's Proportionate Interest = (A + B + C)/3
A = Jurisdiction's Percentage of Current Consumption in
original District
B = Jurisdiction's Percentage of Current Real Market
Value in original District
C = Jurisdiction's Percentage of Current Meters in
original District
The Cities' and the District's proportionate interest in
a system asset capital improvement shall be based upon the capital
improvement's depreciated value. The depreciated value shall be
based upon the useful life of the capital improvement under
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 5 (12/23/93 - FINAL)
X I�,
's
ally acceptea accounting principles using a straight line
method of depreciation.
D. Upon termination of this Agreement, other assets shall
become the property of the jurisdiction in which the asset is
located.
5. Asses Ownership/Water Rates/Revenues.
A. Tigard's Utilization of Assets.
(1) The Parties agree that all system assets in which the
Parties have an undetermined proportionate interest and all
other assets received as a result of the division of assets
after withdrawal from the original District by the Cities
shall be utilized by Tigard in order to provide water services
to properties, residences and businesses in Durham. Durham's
ownership interest in the assets shall remain though the
assets are being utilized by Tigard, unless and until
transferred to Tigard by agreement or operation of law.
Tigard will maintain and insure the real and personal property
assets it utilizes. The Parties agree to execute all
documents necessary to allow utilization of the assets by
Tigard.
(2) Tigard agrees that it will maintain, preserve and keep
4 the assets it utilizes in good repair and working order.
Tigard may appropriate from the water fund all moneys
necessary to meet this obligation.
f
(3) Tigard shall keep the assets free of all levies, liens
and encumbrances except those created by this Agreement or
consented to by the governing body of Durham in writing. The
Parties to this Agreement contemplate that the assets will be
used for a governmental or proprietary purpose by Tigard and,
therefore, that the assets will be exempt from all property
taxes. Nevertheless, if the use, possession or acquisition
of the assets are determined to be subject to taxation, Tigard
shall pay when due all taxes and governmental charges lawfully
assessed or levied against or with respect to the assets.
Tigard shall pay all gas, water, steam, electricity, heat,
power, telephone, utility and other charges incurred in the
operation, maintenance, use, occupancy and upkeep of the
assets. Where there is shared use of the assets, these costs
will be shared in an equitable manner.
(4) Tigard shall maintain (i) casualty insurance insuring the
assets against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in
use in the State of Oregon and any other risks reasonably
required by Durham in an amount equal to at least the
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 6 (12/23/93 - FINAL)
i� replacement value of the assets and, (ii) liability insurance
that protects Durham, including its officers and employees,
from liability arising from Tigard's operation of the water
supply system in an amount satisfactory to Durham and (iii)
worker's compensac_ior� iraaura:ce cover-_^_$ all cmnlo_vees working
on, in, near or about the assets as required under the laws
of the State of Oregon. Tigard shall furnish to Durham,
certificates evidencing such coverage. All such insurance
shall be with insurers that are authorize-d to issue such
insurance in the State of Oregon, shall name Durham as
additional insured and shall contain a provision to the effect
that such insurance shall not be canceled or modified
materially and adversely to the interest of Durham without
first giving written notice thereof to Durham at least ten
(10) days in advance of such cancellation or modification.
All such casualty insurance shall contain a provision making
any losses payable to Tigard and Durham as their respective
interests may appear. Tigard may meet any of these
requirements through a self-insurance program. Such insurance
requirements may be waived in writing by the governing body
of Durham.
(5) To the extent permitted by law, Tigard shall indemnify,
protect, hold harmless, save and keep harmless Durham from
and against any and all liability, obligation, loss, claim and
damage whatsoever, regardless of cause thereof, and all
expenses in connection therewith, including, without
limitation, counsel fees and expenses, penalties and interest
arising out of or as the result of the entering into of this
Agreement, the ownership of any asset or any accident in
connection with the operation, use, condition, possession,
storage or return of any asset resulting in damage to property
or injury to or death to any person; provided, however, that
Tigard shall not be deemed to be indemnifying Durham for
claims arising from its own conduct. The indemnification
arising under this paragraph shall continue in full force and
effect notwithstanding the termination of this Agreement for
any reason.
B. The fees, rates and charges charged by Tigard for
providing water services to properties, residences and businesses I
in Durham shall be the same as those charged within Tigard.
Notwithstanding the foregoing, Tigard may impose higher fees, rates
and charges for providing water service to properties, residences
and businesses when the cost of providing such service is greater
due to unusual circumstances, including, but not limited to
additional cost to pump water, up hill to reach customers. Any
higher fees, rates and charges imposed for providing water service
shall be reviewed by the Intergovernmental Water Board prior to
taking effect and shall be limited to covering the actual
additional costs of providing such service. When higher fees,
/ INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 7 (12/23/93 - FINAL)
rates and charges are imposed, they shall he consistently app lied
AM in both Tigard and the remainder of the original District, except
thatard will
Durhamtadditionthe r al chargeest of s imposed1byrDurham on collect
Durham customs=sof
C. Moneys/Revenues.
(1) Moneys and revenues for system capital
solely for rovement shall
be held by T•igaru in a
this
purpose.
(2) Moneys transferred to Tigard as a result of the division
of assets after withdrawal from the original District by
Tigard which were previously dedicated by the District
to system capital improvement shall be used solely for
system capital improvement by Tigard in accordance with
subsection 5.D.
(3) Moneys deposited in a reserve fund for revenue bonds of
the water system are not a system asset and are not
subject to the system asset distribution formula in
section 4 of this Agreement.
(4) The Parties agree to develop a methodology for system
development charges and to impose and collect such
charges i,i their respective jurisdictions. If any of
the Cities or District fail to impose system development
ther arties
charges as contemplated herein, tensystemdevelopment
may elect to terminate collecting
charges within their jurisdictions. The Parties agree
that they should collect the system development charges
imposed by the District until such time as the Cities
impose their own charge.
D. Capital Improvements.
(1) (a) Capital projects shall be isplemented in ac ord i
th
a long-range capital improvement program supported by
sound engineering analysis, in the best interests of
water customers within the original District, ignoring
city boundaries.
(b) The capital improvement program must be approved by
the governing bodies of one less than the number of
jurisdictions holding an ownership interest in the water
system. A governing body may not unreasonably withhold
consent if the program is supported by sound engineering
analysis, is in the best interests of water customers
within the original District and consistent with the goal
of working together to provide all of the residents and
property in the original District with a clean,
INTERGOvERNMENTAL AGREEMENT93 - FINAL)
TIGARD/DURHAM - 8 ( / /
economical water supply. If a pr�Y-cea capital
`
improvement program is not approved as provided for in
this subsection; then the governing bodies of any two
jurisdictions may request mediation under the provisions
of ORS Chapter 36 to deteine f approval. ox the program
has been unreasonably
(c) Tigard shall prepare anddeliver to the Cities and
the District a proposed Capitall IL.prove-Ment Plan no 16ter
than June 30, 3-994 for consideration by the cities
and
the District. The District's Capital Improvement Plan
dated June, 1993, will guide Tigard's spending on capital
projects until a capital improvement program is adoptees
pursuant to subsection (b) .
(2) The capitalimprovement program shall establish the
location of a capital improvement whether within Tigard,
King City, Durham or the District and shall distinguish
whether a capital improvement qualifies as a system asset
or other asset.
(3) Capital improvements made subsequent to entering into
this Agreement that are determined to be other assets
shall become the property of the jurisdiction in which
the improvement is located. For capital improvements
made subsequent to entering into this Agreement that are
determined to be system assets, the Cities and the
District each shall have a proportionate interest in such
"system asset" capital improvement's depreciated value.
The depreciated value shall be based upon the useful life
of the capital improvement under generally accepted
accounting principles using a straight line method of
depreciation. The Cities' and the District's
proportionate interest in such "system asset^ capital
improvement's depreciated value shall be determined based
upon the formula in Section 4.D. of this Agreement.
(4) Should one of the Cities or the District terminate its
water service agreement with Tigard, such jurisdiction
shall have rights to the use of all system assets equal
to its Jurisdiction's Proportionate Interest as
determined above. Tigard shall be provided reasonable
compensation for any use of its water system necessary
for the continued reasonable use of a system asset by a
jurisdiction. If the asset is not essential to the
operation of such jurisdiction's water system, Tigard may
terminate such jurisdiction's rights in the system asset
capital improvement by payment of a sum equal to the
Jurisdiction's Proportionate Interest in the depreciated
value of such system asset.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 9 (12/23/93 - FINAL)
MAN
(5) The Parties acknowledge that the water system currently
serving the original District is an integrated system.
To the extent that either Party should terminate this
}o CO— rate with each other
Agreement., Lha sarti�s -9 -- _ _ - __
and to enter into such agreements necessary for the
continued reasonable operation of the resulting water
systems.
E. Long-term water supply contracts shall be entered into
in accord with the best interests of water customers within the
original District, ignoring city boundaries. Long--term water
supply contracts must be approved by the governing bodies of one
less than the number of jurisdictions holding an ownership interest
in the water system. A governing body may not unseasonably withhold
consent to a contract if the contract not
supported by sound
engineering analysis, is in the best interests of water customers
wit3-vin the original District and consistent with the goal of
working together to provide all of the residents and property in
the original District with a clean, economical water supply. If
a proposed long-term water supply contract is not approved as
provided for in this subsection, then the governing bodies of any
two jurisdictions may request mediation under the provisions of ORS
Chapter 36 to determine if approval of the contract has been
unreasonably withheld.
F. Water users within the City of Durham shall receive a
discount of one percent (i%) on their bills for water service in
(. the place of a 1% rebate offered to other jurisdictions receiving
water service from the City of Tigard. Tigard,, at the District's
request, will appropriate and deliver an amount not to exceed
$40,000 from Tigard's initial (1/94 to 6/94) water fund budget for
District operating expenses for the period from January 1, 1994
through June 30, 1995. Tigard will reimburse the District from
water system revenues the cost of the District's Division of Assets
steady undertaken to fulfill the District's obligations pursuant to
ORS 222.540.
G. Accounting
(1) Water activities will be accounted for in the same mariner
as other enterprise activities currently under the
jurisdiction of Tigard. Expenditures directly linked to
water activities will be recorded in the water fund.
Applicable indirect charges will be apportioned to the
water fund in the same manner as such charges are
apportioned to other enterprise funds to properly reflect
the costs associated with each activity. Tigard shall
use generally accepted accounting principles applicable
to utility enterprises for the recording and identifying
of all revenues and expenditures made for the water
system. The Intergovernmental Water Board shall review
IN-TERGOVERNMENTAL AGREEMENT
T=GARD/DURHA_M - 10 (12/23/93 FINAL)
such allocation and methodology.
=hall to the eXte.r
(2i '1he accvunciiiy method used .''..y Tisa--- =hall, -'-
passible, document the use of assets by Tigard for non--
water system activities. Use of assets by Tigard for
non-water activities shall be funded from resources other
than the water fund.
H. The- Parties to this Agreement shall not have the. right
to transfer ownership of or reaove system assets or any interest
therein received as a result of the Cities' withdrawal from the
original District or any interest in system assets acquired during
the term of this Agreement without written consent of the other
Party. Neither the benefits received by Durham nor the obligations
incurred under the terms of this Agreement are assignable or in any
manner transferrable by Durham without the written consent of
Tigard.
I. No part of this Agreement shall be interpreted as a
waiver of either Party's statutory rights upon annexation of
territory.
6. Indebtedness.
A. Each of the Parties shall be liable for their respective
share of the debt, if any, acquired as a result of withdrawal from
the original District.
B. Tigard may incur, without the consent of Durham, debt
relating to the water supply system, provided payment of the debt
Is fee, rate or charge based. If the debt is to be paid for by
means other than fees, rates or charges, Tigard must have approval
and consent of the governing body of Durham in writing prior to
incurring such debt. Durham shall be liable for its proportionate
share of any debt for which it has given its written approval and
consent.
C. Tigard is authorized to perform the function and activity
of incurring water revenue bond indebtedness for the water system
by authorizing the issuance of water revenue bonds pursuant to ORS
288.805 to 288.945, as amended, for the financing of water system
capital improvements. Such debt may be secured by a pledge of
water system revenues, appropriate rate coven=ants, and mortgaging
of water system assets. Tigard may not mortgage water system
assets without first receiving the written consent of the Cities'
and District's governing bodies.
D. If this Agreement is terminated by either Party and
indebtedness remains under Section 6.A. or has been incurred and
approved by Durham in the manner described in Section 6.B. , Durham
shall either:
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 11 (12/23/93 - FINAL)
{ 1. Pay in full, within 60 days of the effective date
of termination, its proportionate share of the
indebtedness; or
2. Pay annually its proportionate share of the
indebtedness as payment i g flus+.,
7. Services Provided Ey '.Picard.
A. Tigard will provide water to properties and customers in
all jurisdictions equally. If circumstances require water
restrictions, each jurisdiction shall share equally. Durham may
not sell water provided through this Agreement to a third party
without the prior written consent of Tigard.
B. Tigard will provide equally and in a manner consistent
with the terms of this Agreement all services required for delivery
of potable domestic walcer to properties and customers within the
cities of King City and Durham as well as the territory of the
District, including but not limited to system repair and
maintenance, water distribution, new installations, system
upgrades, and billing functions.
C. Durham agrees that Tigard is empowered to use any right
of condemnation possessed by Durham that is necessary to provide
l water services consistent with the terms of this Agreement, and
will take any action necessary for Tigard to exercise that right
on the request of Tigard.
8. Rules and Regulations.
A. The Rules Rates and Regulations for Water Service
Handbook, (November, 1992) , adopted by the Board of Commissioners
Tigard Water District is attached hereto as Exhibit "A" and shall
be deemed a part of thio Agreement.
is B. The Tigard City Council may modify, alter or repeal the
rules, rates and regulat ions in Exhibit "A.n Rules and regulations
will be modified, altered or repealed only after the
Intergovernmental Water Board has had the opportunity to study the
proposed rules and regulations. The Intergovernmental Water Board
is empowered to make a continuing review of any and all rules and
regulations regarding the water system which may be adopted by the
Council and periodically to make recommendations to the Council
for additions or amendments of such rules and regulations. The
Parties agree to comply with the rules and regulations currently
in effect and as hereafter adopted by the Tigard City Council, and
water service to Durham shall be governed thereby.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 12 (3-2/23/93 - FINAL)
a• MM
miten3lon or Service
A. Extension or modification of Durham's water distribution
system shall be done only with prior, written approval of Durham.
Furthermore, Tigard will not malts any extensions or service
Connections within Durham's Urban Growth Boundary without
permission from the Durham City Council.
B. No existing development in an unincorporated area of the
service area will be required to annex to a city as a consequence
Of this Agreement.
C. Residents of Durham shall r,-t be responsible for any
expenses associated with efforts of the City of Tigard to withdraw
from the Tualatin Valley Water District to reach the goal of having
a single water purveyor for Tigard_
10. EmDloyee Benef itsJPersonnel
All employees of the Southeast Washington County Joint Water
Agency shall become employees of the City. The City shall accept
such employees with all existing benefits and salary, including,
but not limited to, health, retirement, disability insurance,
wages, vacation and compensatory time_ Nothing in this subsection
is intended to limit the City's authority to alter benefits or
salary except as such authority is otherwise limited by this
Agreement or by the provisions of ORS 236.605 to 236.650.
11. Annual Meeting.
The governing bodies of the Parties to this Agreement shall
meet annually with the Intergovernmental Water Board to discuss
and consider issues related to this Agreement. The
intergovernmental Water Board and the Tigard Water Department shall
issue an annual report on its activities to the Parties at this
meeting.
12. Attorneys Fees.
In the event any suit, action or other proceeding is brought
with regard to this Agreement, or to enforce any of the provisions
hereof, the prevailing party in any such suit, action or other
proceeding, or any appeal therefrom, shall be entitled to
reasonable attorneys fees. Attorney fees which are awarded
pursuant to this Section may not be paid from the fees, rates and
charges collected by Tigard for water services.
1 INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 13 (12/23/93 - FINAL)
aw-
{ 14. Ratification of this Agreement.
Prior to the effective date of this Agreement, each Party
shall enact a resolution ratifying the Agreement. 7!h:La Agreement
may be simultaneously executed in several counterparts, each of
whi.cln shall be an original and all of which shall Constitute but
one and the same instrument.
15. Amendments.
Any amendment to this Agreement must be approved by the
governing bodies of Durham.and Tigard.
15. Effective Date. }
This Agreement shall be effective January 1, 1994.
CITY , GO �
Attest: gy:
CITY OF DURHAM, OREGON
A est- By V 41Z
INTERGOVERNMT.P'ITAL AGREMENT
TIGARD/DURHAM - 14 (12/23/93 - FINAL)
1:XUIDIT ..�.• irn'\ '.�'•':: `:C..•
t
RS
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RULES, ?
RATES, 4
`AND
REGULATIONS
i For Water Service
November,1992
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Adopted by the {
BOARD OF COMMISSIONERS s ,.
TIGARD WATER DISTRICT
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Phone 5031639-1554 '
TIGARD WATER DISTRICT 8777 SW Burnham PO BOX 230.000
NOVEMBER 1992
Tigard,OR 97223 Tigard,OR 97281-19V,9
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TIGARD TO THE.r'ATnONS OF
WATER DISTRICT '
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
This Water District is a municipal c:rporation,
incorporated under the laws of the State of
Position Term Oregon,and its operations'are governed by law.It _
No= Expires is governed by a Board of Commissioners,duly.
June 30 elected by the qualified voters of the District:.
Robert Wyffels;Chair` 3°' 1993
Audrey Castile,Secretary 5 1995 The water supply and distribution system is the
Clarence Nicoli;:Treasurer,....4. 1995 property of the people of the Dista.[.
Jon Kvistad . . ,.1, 1993
John T. Haunsperger 2 1993 The Commissioners ask the cooperation of all'
patrons to insure observance of rules,protection'
of the system;and prompt payment of water bilis:
Administrative Director Notify the District immediately of any condition,
Jeri L Chenelle needing correction.
Superintericle'riti The Board of Commissioners'meeIs regularly on
Randy J.Volk the second Tuesday of each month at 7:30 p.m.at
the District office.
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RULES,RATES,AND REGULATIONS charges for these are shown in Appendix f.The-
of the' size of meter shall be determined by management.
TIGARD WATER DISTRICT District shall prescribe the number of buildings to
be served from one meter and such determination
shall be final.No user shall furnish water to any.
The Board of Commissioners has adopted the family,business,institution,or premises other than
following rules;rates,and regulations for service those occupied by that user;provided,however,
In the Tigard Water District. that the Board may permit a user to supply others
through user's service connection.,in which event
Section 1.Application for Service.No service such user will be charged an additional monthly.
will be supplied or water furnished to any premises minimum for each additional user so supplied.
except upon the written application of the legal Such permit may be revoked and separate service
owner of the premises,or his duly authorized . connections required at any time.
agent,upon the printed forms of the District.Sucr)
owner shall be responsible for all charges for Section 5.Furnishing Water.The District shall
service to said premises,whether supplied to not be obligated to furnish and install,at its
himself or to a renter or occupant thereof,and for expense,system facilities for all property within the
j the compliance of any occupant with all rules of District.The District shall,so far as reasonable
!I the District. and practicable and within its financial means,
however,provide adequate source of supply,-
Section 2.Use o f Water.Water will be furnished necessary primary feeder mains,storage facilities
for ordinary domestic,business and community and other improvements necessary to make water
i purposes,and fire protection,only.No water will service generally available to all areas within the
be furnished for the direct operation of steam District.Extensions to furnish water to areas not -
boilers,machinery or golf courses,except on an now served by the District will be made at the
interruptible basis,and the District will assume no expense of those persons requesting service. .
responsibility therein. Such extensions vaill be made by the District or by
{ those expressly authorized by the District.All
Section 3.Service Size. A standard service applications for line extensions to provide new
connection,with 5/8'x 314'meter,will be service are subject to review by the Board of
t installed from the main to the street curb or Commissioners.Consideration will be given to the
property line.(See charges in Appendix L) The District's ability to serve and to eligibility for-
amount of the meter installation charge shall annexation to the District of the property to be
accompany all applications. Larger meters may served.
t be required for some services.The additional
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Section 6.Private Service Pipes.All pipes from Plumbing should be of high test and first class;-
the
lass;the meter to the premises must be installed in and where pressures may become high,on 5/84 x^
accordance with good engineering practice,and 3/4'and 1'meters,a pressure regulator may be
maintained in good order by the user.Pipes must installed at the meter by the District to control
be laid 24 inches deep and provided with a stop varying pressures. (On meters 1 1/2"and larger,
and waste valve for drainage,and all standpipes user is responsible for installing a pressure
rl or fittings of any{find must be so located, regulator.)The District will not be responsible for
anchored and installed as not to interfere with or damage from varying pressures.The Administrator
endanger the meter.All pipes must be well or authorized person may inspect pipes and
protecled from freezing. plumbing at proper times.'
Section 7.Credit for Water Leaks.When a water Section 10.Physical Connections with other
leak occurs on the customer's side of the water Water Supplies or Systems.Neither cross
meter resulting in an unusually high water bill, connections nor physical'connections of any kind
customers can apply for a credit to their water bill shall be made to any other water supply,whether
equal to 1/2 the cost of the leak(above the private or public,without the written consent and
normal bill),up to a maximum of$150.Customers approval of the Board of Commissioners,and the
must apply for credit in writing,to the Water written approval of the Oregon State Board of
District,and forward proof in the leak being fixed Health.(Included in this category are all pipe lines,
appurtenances and facilities of the District system
in a timely manner,
and all pipes,appurtenances,pumps,tanks;-
Section S.Jurisdiction.All service connections, storage reservoirs,facilities,equipment,appli-
ances,mains and pans of the system through antes,etc.,of other systems whether located
which water is served,except the pipes beyond within or on public or private property;or the '
the meter,are the property of the District,and premises of awater user.)
under its exclusive control.No person other than
the Administrator or authorized person shall install The District's Administrator or other authorized
any service,make any extension,turn the water representative shall have the right without being
on or off,or otherwise tamper or interfere with the deemed guilty of trespass or unlawful act to check
water or the system,
the premises of users for physical connections
with other water supplies.Any such connection
_{ Section 9.Waste—Plumbing—Inspection. shall be removed by the customer within ten days
Water will not be furnished to premises where it is after written notice to remove is given by the 1.
allowed to run or waste to prevent freezing,or District.If not removed within the time specified,
the District may remove or discontinue any
through defective plumbing,or otherwise.
connection which it may have for servicing the tion or pollution due to cross connections. l
property. Water service to any premises shall be contingent
upon the customer providing cross connection
Section 11.Cross Connection Control control in a manner approved by Tigard Water
Program.Be it resolved that the Board of District.Backflow devices required to be installed
Commissioners,Tigard Water District,hereby shall be a model approved by the Oregon State
adopts a cross connection control program as Health Division.
r described below,effective May 13,1986:
Authorized employees of Tigard Water District with
The purpose of this resolution is to protect the proper identification shall have fres access at
water supply of Tigard Water District from reasonable hours of the day to those parts of a
contamination or pollution from potential cross premise or within buildings to which water is
connections;and to assure that approved supplied.Water service may be refused or
backflow devices are tested annually. tgrminated to any premise for failure to allow
necessary inspections.
The installation or maintenance of any cross
connection which would endanger the water ADOPTED by the Board of Commissioners,Tigard
supply of Tigard Water District is prohibited.Any Water District,on May 13,1086.
such cross connection now existing or hereafter
installed is hereby declared unlawful and shall be These requirements must be strictly observed as a
rectified as directed by the Board of Commission- matter of public health and to prevent any possible
ers or its authorized representative(s). contamination of the water system.
The control or elimination of cross connections Section 12.Reading--Blllfng.Meters will be read
i" shall be in accordance with the regulations of on or about the 20th day of each month for the
Oregon State Health Division.The policies, preceding two months.Fifteen days or less will be
procedures,and criteria for determining appropd- billed as ahalf-month.Over 45 days will be billed
ate levels of protection shall be in accordance with as two full months.
the Accepted Procedure and Practice in Cross
I` Connection Control Manual,Amer.Water Works Section 13.Payment—Delinquency.All bills are
Association,Pacific Northwest Section,current due on the 12th day of the calendar month
edition(OR Admin.Rules,Ch.333-61.070). following billing.The amount due must be paid to
an authorized agent of the District.Unpaid bilis
It shall be the objective of Tigard Water District to become delinquent after the 12th of the month.
protect the potable water system from contamina- When a delinquent bill is not paid,or a rule is
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TIGAI2D WATER
DISTRICT
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violated,the water will be shut off and service Section 18.Main Extensions,designed and ,
disconnected until payment is received in full,and ' Installed by the District.All extensions of mains,
compliance with all rules is made. i and laterals of.the District,and installed by the.
11 District,shall be paid for by the person or their
Section 14.Water Rates.See Appendix II, assigns who desire such extensions,at cost plus
Charge for turning off and on when water service 10%for overhead and supervision,and 8%for.
i is discontinued for non-payment of bill:$5,00 for ; engineering. The estimated cost thereof,together
the first two times;$10.00 thereafter. with such 181/6,shall be deposited with the District
when application for such main extensions is
Section 15.Discontinuance of Service for 30 made.
days or more will be made upon written applica-
tion.without charge,provided all bills are paid. Designed by others,installed by the District.
When design or supervision of installation of
Section 16,interrupted Service—Changes in improvements is performed by licensed engineers,
Pressure.The water may be shut off at any time subject to approval by the Water District,and "
for repairs or other necessary work with or without installed by the District,a fee shall be paid of 10
notice.Conditions may cause a variation of the for administration,inspections,water loss—
pressure.
.
pressure.The District will not be responsible for sampling,etc.,and 21%for engineering review.
any damage caused by interruption of service or The estimated cost therof,together with.such
varying pressure.When service is interrupted,hot 12%.shall be deposited with the District when
water faucets should be kept closed to prevent application for such main extentions is made.
back flow of hot water or steam.
j Designed and installed by others.When design,
Section 17.Service Connection Maintenance. or supervision of installation of improvements is
NThe Water District will maintain all standard performed by licensed engineers,and installation
i service connections in good repair without is performed and paid for by others,subject to
i expense to the users.Each user is required to use approval by the District,a fee of 12%of construe
i reasonable care and diligence to protect the water tion costs shall be imposed for development
meter and meter box from loss or damage by charges.
li freezing,hot water,traffic hazards,and other
causes,in default of which,such us shall pay to Sipe of such extensions,type of pipe,location,
the Water District the full amount of the resulting gate valves,fixtures,fire hydrants and other
damage. fittings shall be under District specifications and
subject to District approval,and such mains shall
be laid from the end of the existing main to the far
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tl end of the property to be served. No lines or I and approved by District personnel to ensure
laterals shall be laid until the estimated cost ! ' compliance with plans and specifications.
thereof,as hereinabove set forth,shall have been Back-filling of trenches prior to District approval is
deposited with the District. All such extensions of unauthorized.
mains and laterals,and installation of fire hydrants I
jj shall be the sole property of the District,without 11 If water main extension is necessary to serve an
right of immediate refund on the part of the person existing single family dwelling and the main size
or persons paying for such extension or on the required by the Tigard Water District is larger than
is part of any person or persons whomsoever. No a 6"line,then that single family dwelling will pay -
I! extension of main will be permitted,accepted or the cost of a 6"installation across the front of their
served by the District unless such line be at least a property plus the cost of the meter.
6-inch diameter pipe. Short extensions,such as
cul-de-sacs,can be of smaller diameter upon Applicant(s)will agree to be bound by and comply
approval of the District. with the District's main extension policy and rules
I; and regulations and any subsequent revisions or
When a person is required to pay the cost of amendments to same which may be made from
extending a water main adjacent to property other time to time.
than that person's own so that water service for
domestic use is provided for such other property Section 19.Limitation on the use of water as to
without further extension of the water main,the hours,purpose,or manner,may be prescribed
District shall require the owner of the other from time to time by the Board.
property,prior to providing water service to that
property,to refund to the person required to pay Section 20.Temporary or Transient Service.
the cost of extendng the water main,a pro rata Temporary or transient service for construction
portion of the cost of extension.The right to I work will be rendered upon deposit in advance of
require such refund shall not continue for more connection charge and one month's estimated
than 10 years after the date of installation of the �; water bill,and payment on the first of each month
extension of the water main.The amount to be of all accrued charges.Upon discontinuance of
refunded shall be determined by the District and service,refund will be made for all connection
such determination shall be final. materials usable by the District at their depreciated
I value,less the cost of removal and all charges
Each construction contractor shall be approved by due.No temporary service shall be installed for
competent District authority prior to installing pipe any residence or building where a permanent
lines.'pumps,etc.Those installations made by service connection may later be instaVed.
private contractors will be thoroughly inspected I
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Section 21.Construction Water.Water used via Section 26:Amen dments—Special Rules
a permanent meter installation for construction Contracts.The Board may at any time amend,
y rule:rate.or charge,or make
change or modify an
purposes will lx�billed at the one month's tato any special rule,rate or contract,and all water.
(See Appendix 11)at completion of construction, service is subject to such power.
but not to exceed a period of 6 months,unless
i authorized by the District. Section 27.Grievances.Any unresolved
o service or complaint shall be
grievances as t
Section 22.Meter Out-of-Order—Test.If a meter reported and will be considered by the Board at
shall fail to measure accurately,the bill shall bethe next regular monthly meeting.
the average for the same periods in prior years.
Tests will be made periodically without charge to Section 26.The Administrator and Employees
the user.A user may demand a test upon payment are not authorized to make any changes in these
I of a$5.00 charge for such test.If the meter reads rules,rates,or regulations.
5%or more over,such charge shall be rebated to
the user.
Section 23.Fire Hydrants.Fire hydrants will be Approved November 28,1972.
Revised November,1992-
installed by the Water District upon receipt of BOARD OF COMMISSIONERS
payment in advance of the estimated cost of the
hydrant,fittings,and installation,plus 10%for
overhead.
Section 24.Fire Hydrant—Temporary Use.Any
person who desires to use a fire hydrant for
temporary water supply must obtain permission of
the District.The user will be charged$25.00 for
hook-up service plus the effective user rate as
shown in Appendix II plus$25.00/month for I'
continued use.User is responsible for repair and/
or replacement of damaged meter.
Section 25.Illegal Use of Eire Hydrant or Meter.
The penalty for connection to a fire hydrant or
meter without proper authority is a$100 fine.
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APPENDIX 1—Meter Installation'Charges APPENDIX 11—Water Rales
Copper Service,including P-R Valve Monthly Minimum' Out of District
if required,Connection FeeMeter Size (400 cubic feet) (Additional)
Size of Meter Charge Schedule 5/8'x3/4" $ 6.50 $2.50
System 1: 1" 10.50 4.00
Development Installation Total 1 1/2" 16.50 6.00Meter Size Charge Fees Charges 2 33.50 10.00
3" 61.50 15.00
5/8"x3/4" $845 + $250 $1095 4 103.50 19.00
1". 1690 + 350 2040 6" 144.50 28.00
11/2' 4225 + 715 4940 8" 201.00 38.00
2" 6760 + 945 7705
Rate over 400 cubic feet:$1.20 per 100 cubic feet.
3" 13,520 + cost plus 10
4" 21,125 + cost plus 10% Fire Rates(Sprinklers)will be based on the size of.
6' 42,250 _ + cost plus 10% the service going into the building or vault:
8" 67,600 + cost plus 10% $15 a mo.—6"&smaller..
10" 97,175 + cost plus 10% $20 a mo.—8"&larger
Bull Mountain Meter Rates Booster Pumps:For areas served by District
5/8"x3/4"$1000 + $250 $1250 owned and operated booster pumps,either to
f'; storage or direct to the system,an additional
1' 2000 + 350 2350 1:<.
1 1/2" 5000 + 715 = 5715 minimum of$1.50 per month per meter(regard- .
2" 8000 + 945 = 8945 less of meter size)shall be made.This charge is
3" 16,000 + cost plus 10% i, not applicable to the booster pumps located at SW
25,000 + cost plus 10% 72nd and Hunziker Road and SW Bonita Road
6' 50,000 + cost plus 10% near 1-5.
8" 80,000 + cost plus 10% i
10" 115,000 + cost plus 10% I '
Fire Service Connection: i •Note:Billing is bi-monthly so amounts above
Fee$1,250 per Fire Service Tap+12%Fee should be multiplied by 2 to compute bill for each
based on Construction Costs. period.
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� ATTENTION
Corrections to Rules,Rates and Regulations.January 1999.
Those changes to the Rules.Rales and Regulations for Water Service occurred alter printing.Please Insert the lol!owing In the
appropriate places.Wording changes within paragraphs are underlined.We apologize for any problems this may have caused.
Section 4.Separate Connection.(Add the emiro suction.)A separate service connection will be required for each dwelling,
aparime nl or motel,place of business,and insl lulion.All outlying buildin�s and premises used as a pan of such dwelling plana or
business or Institution may be served from such conneclion,as well as all buildings on such premises operated under the one
management.DislriCl snail prescribe Ihu number of bullUings la bu served lrum ono meter and such doterminalion shall bo final.No
user shall furnish water to any family,business,institution or premises other man those occupied by that user;provided,however.
that the Doard may permit a user to supply others through users'survtce connection in which even)such user will be charged an
atltlitional monthly minimum for each atltlifional user so supplied.Such permit may be revoked and separate sorvtcc connections
required at any time.
..:on 9:;Change s:.contl sentence to read)"...Plumbing should be of high test and first class and In conformance with Ino
See',,
gad of me.iuri=di �r�dinr Perot)l•and where pressures may becomu high.on 518'x3/4'and 1'meters,
a pressure regulator maybe installetl at the meter by the District to control varying Pressures...
Section 12:Reading--Billing.(Eliminate the entire section.) - -
=e on 18:(Adtl sentence at the beginning of the last paragraph in Section 19.)The developer or owner eat tlno the
h II be liablefor env added co�l_d,lo design difficulties.
Section 22:(Delete$5.00.) (Add)'...A user may demand a lest upon payment of a$25.00 charge for such lost...' '
S.
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