Resolution No. 10-08 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 10-0?
A RESOLUTION WITHDRAWING THE CITY OF TIGARD FROM THE JOINT WATER
COMMISSION QWC)
WHEREAS, in August, 2008, die City executed a partnership agreement with the City of Lake Oswego to
jointly develop municipal water supply, thus selecting a Future source;
WHEREAS, the City consequently notified its Farmers in the Tualatin Basin Water Supply Project (Project)
that the City of Tigard (Tigard)was withdrawing from future investment into the Project;
WHEREAS, partnership in the Project is a requirement for continued membership in the Joint Water
Commission QWC);
WHEREAS,in May 2009,Tigard provided notice to die JWC of its intent to withdraw from the JWC;and
WHEREAS, the parties agreed that Tigard's membership would terminate upon payment of all sums due
Tigard under the Water Service Agreement no later than June 30,2010;and
WHEREAS,Pursuant to Article 11 of the Water Service Agreement,JWC mad Tigard bmvc agreed on the terms
and payment for Tigard's interest in JWC assets.
NOW,THEREFORE,BE IT RESOLVED by the Tig:ud City Council that:
SECTION 1: Tigard acluhowledges receipt of $134,000 from the JWC and agrees that such amount
constitutes all sums due and owing to Tigard for any right, tide and interest it may have to
JWC assets.
SECTION 2: By signing below Tigard shall have no further interest, rights, obligations or duties under the
Water Service Agreement floor that date and shall malce no claim thereto.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This i�day of Jam:uy 2010.
Mayor- ity of Tigard
ATTEST:
/iL 'lx'u�f w
City Recorder-City of Tigard
RESOLUTION NO. 10 OK
Page 1
WITHDRAWAL AGREEMENT
This Withdrawal Agreement is made between the Joint Water Commission, an
ORS Chapter 190 Entity (JWC) and the City of Tigard, an Oregon municipal corporation
(Tigard) and is effective this D04'day of January, 2010.
RECITALS
On March 1, 2004, Tigard and JWC executed a Joinder Agreement whereby
Tigard became a member of the JWC and agreed to be bound by all terms and conditions
of the Joint Water Commission-Hillsboro, Forest Grove, Beaverton, Tigard and Tualatin
Valley Water District Water Service Agreement dated April 9, 2004 (Water Service
Agreement).
In May, 2009, Tigard provided notice to JWC of its intent to withdraw from the
JWC and the parties agreed that Tigard's membership would terminate upon payment of
all sums due Tigard under the Water Service Agreement but no later than June 30, 2010.
Pursuant to Article 11 of the Water Service Agreement, JWC and Tigard have
agreed on the terms and payment for Tigard's interest in JWC assets and being fully
advised,
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS.
Section 1. Receipt. By signature below, Tigard hereby acknowledges receipt of
$134,000 from JWC and agrees that such amount constitutes all sums due and owing to
Tigard for any right, title and interest it may have to JWC assets.
Section 2. Withdrawal Date. The parties agree that the date of Tigard's
withdrawal is January 2010 and that by signature below Tigard shall have no
further interest, rights, obligations or duties under the Water Service Agreement from that
date and shall make no claim thereto.
Section 3. Further Instruments. Tigard agrees to execute such further documents
as reasonably necessary to implement withdrawal and termination of its interest in the
JWC as its commission determines.
CITY OF TIGARD, JOINT WATER COMMISSION,
a municipal corporation an ORS Ch. 190 En 'ty
By: By: Qum
izyM ager GeAeral ger
Attest:
City Recorder
C:\Documents and Settings\hanke\Local SettingATemporary Internet Files\Content.outlookUHRLAADII\Witlidrawal Agreement
between JWC and City of Tigard 12-30-09.docx