03/11/2009 - Packet a Completeness Review
for Boards, Commissions
and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Name of Board, Commission or Committee
Ifl arch it, 2-cr;cL
Date of fleeting
To the best of my knowledge this is the complete meeting packet. I was not the meeting
organizer nor did I attend the meeting; I am simply the employee preparing the paper
record for archiving.This record came from Greer Gaston's office in the Public Works
Building.
Kristie Peerman
Print Name
Signature
Date
Intergovernmental Water Board — Agenda
SERVING TIGARD, KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, March 11, 2009 5:30 p.m.
MEETING LOCATION: Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
1. Call to Order, Roll Call and Introductions
Call the meeting to order, staff to conduct roll call.
2. Approval of Minutes — February 11, 2009
Action: Motion to approve the February 11, 2009 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update - Mr. Goodrich
5. Election of Chair and Vice-Chair—Mr. Koellermeier
Action: Motion to appoint the Chair and Vice Chair.
6. Review the City of Tigard's Utility Services Delinquent Account Policy and the Residential
Credit for Leak Adjustment Policy—Mr. Koellermeier
Action: No action required. The Board will be asked to make a recommendation on the policies at its
next meeting.
7. Consider Making a Recommendation for the City of Tigard to Submit Letters Withdrawing
from the Joint Water Commission and Withdrawing Participation in the Tualatin Basin
Water Supply Project —Mr. Koellermeier
Action: Motion recommending the City of Tigard submit letters withdrawing from the Joint Water
Commission and withdrawing participation in the Tualatin Basin Water Supply Project.
8. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham
and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and
the City of Tigard - Continued - Commissioner Carroll
Action: No action required.
9. Informational Items
■ Economic Stimulus Letters to Legislators— Mr. Koellermeier
10. Non-Agenda Items
Call for non-agenda items from the Board.
INTERGOVERNMENTAL WATER BOARD AGENDA— MARCH 11, 2009
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2
I
11. Future Agenda Items
Schedule Date Item
April 8, 2009 Consider Making a Recommendation to the City of Tigard on the Utility
Services Delinquent Account Policy and the Residential Credit for Leak
Adjustment Policy.
April 8, 2009 Consider Making a Recommendation on the City of Tigard's Proposed Water
Division Budget.
April 8, 2009 Consider Making a Recommendation on the City of Tigard's Proposed Water
Capital Improvement Program.
To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard
Water Service Area.
To Be Announced I Review the Billing Insert Policy.
12. Next Meeting:
■ April 8, 2009 at 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
13. Adjournment
Action: Motion for adjournment.
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions
are confidential and those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose
any information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
I
INTERGOVERNMENTAL WATER BOARD AGENDA — MARCH 11, 2009
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 2 oft
Intergovernmental Water Board (IWB)
Meeting Minutes
March 11 , 2009
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Ken Henschel Alternate Representing the Tigard Water District
Bill Scheiderich Member At-Large (Arrived 5:40 p.m.)
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Public Works Director Dennis Koellermeier
Utility Division Manager John Goodrich
Assistant Finance Director Debbie Smith-Wagar
IWB Recorder Greer Gaston
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:31 p.m.
2. Approval of Minutes —January 14, 2009
Ms. Gaston noted the agenda erroneously listed approval of February 11, 2009 minutes
instead of the January 14, 2009 minutes.
Commissioner Buehner motioned to approve the January 14, 2009 minutes;
Commissioner Winn seconded the motion. The minutes were approved by unanimous
vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel,
and Winn voting yes.
3. Public Comments: None
4. Water Supply Update
Mr. Goodrich reported:
■ Current demand is about 4 million gallons per day. Water demand typically drops
during colder weather.
■ On aquifer storage and recovery (ASR) wells:
- Tigard is injecting 1.8 million gallons per day.
- 57 million gallons have been injected this cycle
- 207 million gallons are already in storage, which represents a 95-day supply.
- Inexpensive, interruptible water will be available for injection for another 45
days.
Intergovernmental Water Board Minutes March 11,2009
1
- The City's ability to inject Portland interruptible water has been affected by
turbidity issues this year.
- Additional water for injection may be available from Lake Oswego. Lake
Oswego water is more expensive than interruptible water from Portland, but
less expensive than contract water from Portland.
5. Election of Chair and Vice-Chair
Mr. Koellermeier informed the Commissioners that they were required to appoint a Chair
and Vice-Chair at this time each year.
Commissioner Henschel nominated Commissioner Carroll as Chair; Commissioner Winn
seconded the nomination, suggesting the existing Chair (Commissioner Carroll) and
Vice-Chair (Commissioner Winn) serve another term.
Commissioner Carroll was appointed as Chair by unanimous vote of the Commissioners
present, with Commissioners Buehner, Carroll, Henschel, and Winn voting yes.
Commissioner Buehner seconded the nomination of Commissioner Winn as Vice-Chair.
Commissioner Winn was appointed as Vice-Chair by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Henschel, and Winn
voting yes.
6. Review the City of Tigard's Utility Services Delinquent Account Policy and the
Residential Credit for Leak Adjustment Policy
Mr. Koellermeier introduced Ms. Smith-Wagar from Tigard's Finance Department. This
department is responsible for meter reading and utility billing. Mr. Koellermeier said the
Finance and Public Works Department had worked together to update the policies.
Mr. Koellermeier noted the Board was not being asked to take action at this meeting and
confirmed the Board's role was to review the policies and ultimately advise the Tigard
City Council.
The Board discussed the Utility Services Delinquent Account Policy first:
■ In response to a question from Commissioner Buehner, Ms. Smith-Wagar
pointed out that a charge would be assessed when a final notice (door hanger) is
issued.
■ Commissioner Winn inquired about sending out notice "return receipt requested."
He noted people sometimes said they did not receive the notice. Ms. Smith-
Wagar said the City did not send notices this way because sending notices return
receipt requested would be significantly more expensive. She noted Tigard did
place a notice on the door as another means of notifying customers about
delinquent accounts.
■ Tigard mails out about 80 to 100 urgent notices per month.
■ Commissioner Henschel inquired about adding a "check box" to allow water
customers to donate additional money to assist fellow customers who are unable
to pay their bills. Other utilities offer this service.
• In response to a question from Commissioner Carroll, Mr. Koellermeier said
Tigard is within its rights to terminate water service for non-payment.
■ Commissioner Buehner expressed concern over Tigard spending money for staff
to deliver door hangers regarding delinquent accounts when many customers are
Intergovernmental Water Board Minutes March 11,2009
2
repeat offenders. Other water customers are subsidizing customers who
consistently fail to pay their bill on time.
■ Ms. Smith-Wagar confirmed that Tigard charges a $50 fee for shut off, but
currently assesses no fee for delivering the door hanger. This $50 does not cover
the cost to notice and collect on delinquent accounts.
■ Mr. Koellermeier said most water utilities are cost-of-service based; each
customer is expected to pay for the actual cost of the service. This is how fees
are established.
■ Commissioner Henschel suggested Tigard could assess a delinquent payment
charge.
■ Commissioner Buehner explained a charge should be assessed when the final
notice (door hanger) is issued. This will motivate customers who typically wait
until shut off to pay their bill in a timelier manner.
■ Commissioner Winn advocated for "return receipt requested" mailing.
Commissioner Buehner said, in her experience, people who do not pay their bills
on time would not sign or accept such a mailing.
■ Commissioner Henschel advocated for a statement on each bill outlining the
delinquent payment policy and the fees assessed at each step in the process.
■ Commissioner Carroll advocated for assessing fees as proposed in the draft
policy.
■ Ms. Smith-Wagar explained Tigard would turn unpaid accounts over to
collections.
• Commissioner Carroll summarized Board's consensus:
- Develop a cost-based fee structure.
- Tie the shut-off fee to reactivation.
Mr. Koellermeier confirmed the Board supported two fees, one for issuing the
door hanger, and the other related to shutoff/turn on.
Investigate the feasibility of a late fee. Ms. Smith-Wagar said this may be
easy to implement and she would investigate further.
■ Commissioner Henschel reiterated his request for a "check box." Commissioners
Buehner and Winn were concerned about what would be required to administer
such a program and they, along with Commissioner Carroll, were not receptive
to the idea. Commissioner Carroll asked Ms. Smith-Wagar to explore the check
box idea and look into how other utilities administer such programs. Mr.
Koellermeier said staff would bring that information back to the Board.
The Board discussed the Residential Credit for Leak Adjustment Policy. Mr. Koellermeier
noted the draft policy contained minimum $10 and maximum $2000 credit amount. The
policy still ensures Tigard recoups the wholesale cost of water. The Board discussion
was as follows:
■ Mr. Koellermeier said there was an appeal process in the draft policy. Under the
process, the Board was tasked with determining whether the credit calculation
and policy was properly implemented by staff. The Board would not issue credits
above a certain dollar level or outside the policy.
■ In the past, the Board considered all credits over $500. Commissioner Buehner
confirmed under the proposed policy, credits of $500 or more would no longer
come before the Board; they would be handled at the staff level. The Board
could hear appeals on any amount of credit (between the minimum and
Intergovernmental Water Board Minutes March 11, 2009
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maximum) whereby the customer did not believe the policy was properly
implemented.
■ Mr. Koellermeier said the Board could decide not to hear appeals at all and
these could be directed to the Tigard City Manager.
■ Commissioner Winn said he thought the limit requiring Board approval was
going to be increased. Mr. Koellermeier said he was suggesting a different
approach where all credits were handled at the staff level.
■ Commissioner Buehner asked if the new policy might result in more appeals
coming before the Board. Mr. Koellermeier said that since customers could only
appeal based on whether the policy was implemented properly, he doubted it
would result in more appeals.
■ Commissioner Henschel said the fact that a credit could be appealed and
reviewed by the Board would assure non-Tigard residents that their credits were
handled fairly by Tigard.
■ Board consensus was to implement the proposed policy on a one-year trial basis
and see if it resulted in more credit issues coming before the Board.
Mr. Koellermeier said the next step would be to adjust City of Tigard ordinances related
to the proposed policy.
7. Consider Making a Recommendation for the City of Tigard to Submit Letters
Withdrawing from the Joint Water Commission (JWC) and Withdrawing
Participation in the Tualatin Basin Water Supply Project
Mr. Koellermeier referred to the draft letters in the Board's packet. The letters will initiate
the process of withdrawing from the Joint Water Commission and Tualatin Basin Water
Supply Project.
If Tigard wanted to continue participation, it would need to make its $2.7-million payment
by June 30, 2009. Commissioner Buehner and Winn said they did not want to make this
payment.
Mr. Koellermeier also asked that Tigard's name be removed from a stored water rights
application. Tigard had been criticized by WaterWatch for pursuing several different
water rights; this action will eliminate some of that criticism.
Mr. Koellermeier summarized other details of the letters:
• Tigard is co-owner in a piece of real estate.
■ Withdrawal requires a two-year notice. This is designed to give other partners
time to arrange financing to buy-out the withdrawing partner. Since Tigard has
limited ownership, the letter requests 18 months instead of 2 years.
■ If the withdrawal is accepted, Tigard's active participation in the JWC will likely
cease.
■ Tigard's position with the JWC would change from an owner to a wholesale
customer. Although this year, Tigard does not anticipate purchasing any water
through the JWC this year.
■ The Board's recommendation will be forwarded to the Tigard City Council, and
ultimately the letters will be reviewed and signed by Tigard's Mayor.
Intergovernmental Water Board Minutes March 11,2009
4
Commissioner Scheiderich inquired on the status of the Lake Oswego water partnership.
Mr. Koellermeier said a program manager would be selected in the next three months.
He reported Tigard and Lake Oswego are working through the water rights appeal
process. South Fork Water Board is expected to withdraw its protest against Tigard and
Lake Oswego and may join forces with the two cities in their litigation against
WaterWatch.
Commissioner Henschel confirmed Tigard had no legal recourse to recoup money
invested in the Tualatin Basin Water Supply Project.
Commissioner Carroll motioned to recommend the City of Tigard submit letters
withdrawing from the Joint Water Commission and withdrawing participation in the
Tualatin Basin Water Supply Project; Commissioner Winn seconded the motion. The
minutes were approved by unanimous vote of the Commissioners present, with
Commissioners Buehner, Carroll, Henschel, Scheiderich and Winn voting yes.
8. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs)
between Durham and the City of Tigard, King City and the City of Tigard, and the
Tigard Water District and the City of Tigard
This item was continued from the Board's January 14, 2009 meeting.
Page 9, Item 5.D.(4). Asset Ownership/Water Rates/Revenues —Capital Improvements
• The Board noted a discussion on items similar to those in item (4) had already
occurred and this section should be consistent with previous comments.
■ Commissioner Henschel said the Board had previously questioned the use of
"depreciated value," and preferred the term "fair market value."
■ Mr. Koellermeier summarized his interpretation of this section. If a member
jurisdiction with ownership in system assets withdraws from the IWB, either that
member jurisdiction will be given access to those assets (if needed) or Tigard will
buy their assets.
■ The Board also discussed a scenario in which water might be transmitted
through a non-system asset (e.g. Durham's pipes). Under this scenario, Durham
could assess a wheeling fee.
■ Mr. Koellermeier suggested the challenge in this section arises when a member
jurisdiction wants to withdraw, but still wants water. He proposed under this
scenario, the withdrawing member is paid for their system assets and retains its
right to contract as a wholesale customer. Commissioner Carroll concurred with
this idea and added that there would have to be a compelling reason for Tigard to
deny service to the withdrawing member jurisdiction.
■ Commissioner Carroll requested the language in this section be cleaned up and
simplified.
Page 9, Item 5.D.(5). Asset Ownership/Water Rates/Revenues—Capital Improvements
■ This section compliments the preceding section. No changes were
recommended.
Page 10, Item S.E. Asset Ownership/Water Rates/Revenues — Capital Improvements
■ Commissioner Carroll said long-term water contracts (like City of Portland) are
administered by Tigard for the benefit of the water system. He clarified Tigard
would be the signing authority for all long-term water contracts for the equal
benefit of all users.
Intergovernmental Water Board Minutes March 11,2009
5
■ Mr. Koellermeier suggested he would like to change the second sentence. He
proposed Tigard approve/sign water contracts since Tigard is contractually
obligated to provide water to the member jurisdictions.
• Commissioner Buehner asked if the language was sufficient to deal with back-up
water contracts. Commissioner Carroll suggested this could be resolved by
striking "long-term," so the section would apply to any water contract.
• Mr. Koellermeier questioned who should sign contracts. Commissioner Carroll
said he liked to opportunity to vote on contracts. He continued that if three of the
four member jurisdictions do not support a contract, then there is probably a
good reason. Mr. Koellermeier said water suppliers might not want to enter into
an agreement with all the member jurisdictions. Commissioner Carroll clarified
that the member jurisdictions did not want to be included in a contract, or sign the
contract, they wanted to approve the contract. Commissioner Winn countered the
IWB was advisory to the Tigard City Council. Commissioners Buehner and Winn
said the IWB should consider the contract, not the governing bodies of the
member jurisdictions. Mr. Koellermeier summarized the discussion by saying the
IWB will make a recommendation to the Tigard regarding water contracts. The
Board concurred, with Commissioner Henschel saying Tigard could accept or
decline the recommendation.
Page 10, Item S.F. Asset Ownership/Water Rates/Revenues — Capital Improvements
■ Mr. Koellermeier said Tigard pays an annual revenue check to Durham, King City
and the Tigard Water District (TWD).
■ Mr. Koellermeier noted the latter, bracketed part of this section applied to the
1994 take over.
■ Commissioner Henschel said the one-percent rebate the TWD receives is the
TWD's sole source of revenue and amounted to about $15,000. The District's
size is decreasing due to annexations, which means revenue is also decreasing.
He proposed the District's rebate be increased. Commissioner Carroll suggested
the District ought to be able to operate on $15,000. Commissioner Winn said the
District had not spent its money wisely and King City ratepayers did not want to
subsidize the TWD.
• Commissioner Carroll said he would support the rebate going into a long-term
reserve account. Commissioner Winn concurred.
■ Mr. Koellermeier said there was a mechanism within the agreement that allowed
a member jurisdiction to determine or increase its rebate. Any increase would be
passed on and paid by the member jurisdiction's constituents.
■ Commissioner Winn suggested the use of a franchise fee. Each member
jurisdiction could set its own rate, or elect to charge no fee at all. Commissioner
Henschel said he would prefer the fee did not show up on customer's bills.
Commissioner Carroll said this would give the District the opportunity to justify
their operating expenses to their ratepayers. Commissioner Henschel said the
existing rebate system was working well, but the TWD needed a higher
percentage rate. Commissioner Winn countered that the District should include
any needed increase as a fee to their ratepayers. King City could charge a
franchise fee and use this to generate much-needed income. The Board
discussed the fact that the fee may not be able to be treated as a franchise fee.
Commissioner Scheiderich suggested the issue was not getting resolved and the
discussion should move forward. Commissioner Carroll summarized by saying
this section should remain as is, with the exception that everything within the
brackets be deleted.
Intergovernmental Water Board Minutes March 11,2009
6
Page 10, Item 5.G.(1)Asset Ownership/Water Rates/Revenues —Capital Improvements
- Accounting
■ The Board consensus was that"Generally Accepted Accounting Principles," or
GAAP will be used.
■ Commissioner Henschel recommended the last line be changed to, "The
Intergovernmental Water Board shall review and approve such allocation and
methodology."Approval of the allocation and methodology was important to the
Board. Any change would be important to the Board. Commissioner Winn
countered that the Board should not approve changes allocation and
methodology. Commissioner Scheiderich proposed alternative wording on the
current practice of having the Board approve the budget. Commissioner Carroll
asked that such language replace the existing language. Commissioner
Scheiderich proposed, "The IWB shall review and recommend approval . . ."
Page 11, Item 5.G.(2)Asset Ownership/Water Rates/Revenues — Capital Improvements
■ No changes were recommended.
Page 11, Item 5.H. Asset Ownership/Water Rates/Revenues— Capital Improvements
■ Commissioner Henschel noted if a single agreement were developed, the word
"Party" should be changed to"Parties" or"All the Parties."
Page 11, Item 5.1. Asset OwnershipMater Rates/Revenues — Capital Improvements
■ Commissioner Scheiderich suggested this section be deleted and Commissioner
Carroll concurred.
The Board tabled further review of the intergovernmental agreement to its next meeting.
9. Informational Items:
■ Mr. Koellermeier reported Tigard is working through the process of selling the
Canterbury surplus and water building remnant parcels. Tigard was the sole
bidder on each property and the sale is going into escrow. The Tigard Water
District Chair and the Mayors of Durham and King City will need to have their
signatures notarized on the sale deeds.
10. Non-Agenda Items:
■ Commissioner Henschel said he had requested information at an earlier meeting
on who was using rebate services by member jurisdiction. Mr. Koellermeier said
he would put this topic on an upcoming agenda. Commissioner Henschel said
the Tigard Water District would do a mailing to their constituents to promote
Tigard's High Efficiency Toilet Reimbursement program. He requested Tigard
provide literature/brochures for their mailing.
11. Future Agenda Items
Future agenda items were not discussed.
Schedule Date Item
April 8, 2009 Consider Making a Recommendation to the City of Tigard on
the Utility Services Delinquent Account Policy and the
Residential Credit for Leak Adjustment Policy.
April 8, 2009 Consider Making a Recommendation on the City of Tigard's
Proposed Water Division Budget.
Intergovernmental Water Board Minutes March 11,2009
7
April 8, 2009 Consider Making a Recommendation on the City of Tigard's
Proposed Water Capital Improvement Program.
To Be Additional Tenancy in Common Agreements for Properties
Announced within the Tigard Water Service Area.
To Be Review the Billing Insert Policy.
Announced
12. Next Meeting:
■ April 8, 2009, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
13. Adjournment
The meeting adjourned at 6:55 p.m.
IWB Chair Greer A. Gaston, IWB Recorder
Date: A9 d,q /3�02 AQ 9
Intergovernmental Water Board Minutes March 11,2009
8
Agenda Item No.: P_ _
IWB Meeting Date: .3- 11 -09
Intergovernmental Water Board (IWB)
Meeting Minutes
January 14, 2009
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Ken Henschel Alternate Representing the Tigard Water District
Dick Winn Representing the City of King City
Members Absent:
Bill Scheiderich Member At-Large
Staff Present: Public Works Director Dennis Koellermeier
Utility Division Manager John Goodrich
Environmental Program Coordinator Jennifer Joe
IWB Recorder Greer Gaston
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:32 p.m.
2. Approval of Minutes — December 10, 2008
Commissioner Henschel motioned to approve the December 10, 2008 minutes;
Commissioner Buehner seconded the motion. The minutes were approved by
unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll,
Henschel and Winn voting yes.
3. Public Comments: None
4. Water Supply Update
Mr. Goodrich reported:
■ December water consumption averaged about 4.5 million gallons per day.
■ Portland is having turbidity difficulties which prevented aquifer storage and
recovery injection.
5. Presentation and Discussion on the City of Tigard's Water Conservation
Program for the Tigard Water Service Area
Mr. Koellermeier introduced this topic. He said Tigard had reviewed the Water
Conservation Program recently and developed additional ways to promote conservation.
Intergovernmental Water Board Minutes January 14,2009
1
Mr. Koellermeier introduced Ms. Joe, who began a PowerPoint presentation on the
water conservation program. Ms. Joe also distributed various water conservation
promotional materials/items to the Board:
■ Map of the WaterSense Toilet Rebate Program area
■ 2009 Conservation Calendar
■ 2008 Water Quality Report
• Rain Barrels & Water Conservation brochure
■ Water conservation postcards
These materials and the PowerPoint presentation are on file in the IWB record.
Mr. Goodrich continued the PowerPoint presentation, discussing the effectiveness of the
water conservation program.
At the close of the presentation, Ms. Joe distributed a canvas bag, water bottle, rain
gauges and indoor and outdoor water conservation kits to the Board.
Commissioner Henschel suggested automatic faucets might be a possible future
conservation item. He asked for information on how many households were taking
advantage of water conservation promotions and if this information could be provided by
member jurisdiction area.
Mr. Koellermeier said Tigard was contemplating the development of a quarterly
newsletter that would be direct mailed to all Tigard Water Service Area customers. This
would ensure all customers received the same information at the same time. He added
the current conservation focus has been on youth, but this may shift to adults.
Commissioner Henschel suggested the children's programs be maintained while
outreach to adults was expanded. He mentioned the Tigard Water District's upcoming
water conservation fair. He said a date has been set in early June and the Alberta Rider
Elementary School has been reserved for the event. Commissioner Henschel advocated
for attendance at events that afforded face-to-face interactions with local residents. He
said water conservation was a priority for the Tigard Water District Commissioners and
they were willing to assist with conservation in any way they could.
6. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs)
between Durham and the City of Tigard, King City and the City of Tigard, and the
Tigard Water District and the City of Tigard
This item was continued from the Board's December 10, 2008 meeting.
Page 8, Item 5.C.(1) & (2) Asset Ownership/Water Rates/Revenues —
Moneys/Revenues
■ Mr. Koellermeier explained there was a water fund and capital improvement fund.
He said he wanted to verify with Tigard's finance department, but he thought
reserves, in excess of operating costs, were transferred annually to the capital
fund. Some monies, like those from the sale of real property, are deposited
directly into the capital fund. Mr. Koellermeier said he may need to amend how
the agreement's financial section is structured based on advice from bond
counsel.
Page 8, Item 5.C.(4) Asset Ownership/Water Rates/Revenues — Moneys/Revenues
Intergovernmental Water Board Minutes January 14,2009
2
■ Commissioner Carroll referred to Commissioner Scheiderich's notes, which said
this section was obsolete, because Tigard imposes system development charges
(SDCs) on all properties served by the system.
■ Mr. Koellermeier proposed language saying the City of Tigard maintains a SDC
rate schedule and applies it universally.
■ Commissioner Carroll noted Tigard would rewrite this section accordingly.
■ Commissioner Henschel proposed the IWB review and approve changes in
Tigard's SDC rates.
■ Commissioner Carroll clarified the IWB could make recommendations to Tigard.
■ Mr. Koellermeier said the process to change rates would be an SDC study
(financial analysis) and the IWB can choose whether to adopt the study.
Page 8, Item 5.D.0) (b) Asset Ownership/Water Rates/Revenues — Capital
Improvements
■ The Board determined the term "governing bodies" referred to the City Councils
of the three member jurisdictions and the Tigard Water District Board.
■ Mr. Koellermeier asked for some latitude regarding the language in this section,
noting that cities are required to publish an annual master plan of projects
("capital improvement program").
■ Commissioner Carroll confirmed Tigard should "clean up" the language in this
section.
■ Commissioner Henschel asked for clarification on whether this section referred to
capital improvements or supply source issues. He pointed out Commissioner
Scheiderich had made a similar note.
■ Mr. Koellermeier said the agreement was designed to deal with the sources that
were in existence when the agreement was written in 1994. He suggested
Commissioner Scheiderich's notes were trying to address the approval process
with regard to the development of new sources. Mr. Koellermeier referred to the
recent water partnership with Lake Oswego. He said because bonding and
liability were Tigard's responsibility, Tigard was signatory to the agreement.
■ The board discussed ownership issues related to projects constructed after 1994.
With regard to the Lake Oswego water partnership, Mr. Koellermeier said Tigard
would use the money generated by all the ratepayers to build the infrastructure
and, in return, would be obligated to provide the IWB members with water. The
infrastructure would be owned by Tigard and Lake Oswego.
■ The Board then discussed the newly constructed Reservoir No. 2. Mr.
Koellermeier said, under the existing agreement, the reservoir is treated as a
system asset, and if one of the IWB partners withdrew from the partnership, they
would be compensated for their investment.
■ Mr. Koellermeier noted the Lake Oswego water partnership is not structured in
this manner. Since all debt risk and liability is assumed by Tigard, infrastructure
improvements will not become system assets. Commissioner Carroll confirmed
this meant if Durham withdrew from the IWB 10 years from now, it would not be
compensated for its share of the cost to build infrastructure associated with the
Lake Oswego water partnership.
■ Commissioner Henschel questioned what would happen once the bonds for the
Lake Oswego water partnership were paid off.
■ Mr. Koellermeier added the Lake Oswego water partnership was not subject to
the rules and regulations of the IGA.
■ Commissioner Winn suggested the Board was getting too detailed in their
examination of the financial aspects of the agreement.
Intergovernmental Water Board Minutes January 14,2009
3
■ Commissioner Buehner said bond counsel may also want to "tweak" some of the
language so that the lenders will be willing to buy the bonds.
■ Commissioner Henschel said if the group enters into a common agreement, in
perpetuity, many of the issues being discussed will be irrelevant.
• Mr. Koellermeier rephrased the issue as one of how assets would be valued in
the event one of the member jurisdictions wanted to withdraw from the IWB. He
referred to an assignment he was given at the IWB's last meeting to investigate
the methodology used in 1994 System Assets and Liabilities Report.
• Commissioner Henschel added the issue was not only the value of assets, but
also who owned them.
■ Mr. Koellermeier said a process whereby each member jurisdiction had to review
the water capital improvement program was cumbersome. He proposed the IWB
consider annual capital improvement program updates, not member jurisdictions.
The Board concurred.
Page 9, Item 5.D.(4) Asset Ownership/Water Rates/Revenues — Capital Improvements
■ Commissioner Henschel proposed "depreciated value" be replaced with "fair
market value." It was noted this was discussed previously under another section
of the agreement.
The Board tabled further review of the intergovernmental agreement to its next meeting.
8. Informational Items: None
9. Non-Agenda Items:
Commissioner Buehner reported she had been appointed as Tigard's representative to
the IWB for the next two years. Councilor Sherwood will serve as Tigard's alternate.
Mr. Koellermeier said it would soon be time to make some decisions regarding Joint
Water Commission membership and participation in dam project. He may bring a draft
letter to the board at their next meeting and asked if the Board had any concerns about
cutting ties with this group/project. Mr. Koellermeier's letter will identify any monies that
may be due as a result of a withdrawal.
10. Future Agenda Items
Future agenda items were not discussed.
Schedule Date Item
February 11, 2009 Review Credit-for-Leak, Water Meter, and Non-Payment of
Water Bill Policies.
February 11, 2009 Discussion on Rewriting/Revising 1993 Intergovernmental
Agreements.
March 11, 2009 Consider Making a Recommendation on the Credit-for-Leak,
Water Meter, and Non-Payment of Water Bill Policies.
March 11, 2009 Review and Make a Recommendation on the Proposed Water
Division Budget.
March 11, 2009 Consider the Proposed Capital Improvement Program
(Community Investment Program).
To Be Announced Additional Tenancy in Common Agreements for Properties
within the Tigard Water Service Area.
.
To Be Announced Review the Billing Insert Policy.
Intergovernmental Water Board Minutes January 14,2009
4
11. Next Meeting:
■ February 11, 2009, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
12. Adjournment
At 7:06 p.m. Commissioner Henschel motioned to adjourn the meeting; Commissioner
Buehner seconded the motion. The meeting was adjourned by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Henschel and Winn
voting yes.
IWB Chair Greer A. Gaston, IWB Recorder
Date:
Intergovernmental Water Board Minutes January 14,2009
5
Sign-in Sheet
Intergovernmental Water Board Meeting
Date: J - i 1 - D9
Name Do you wish If yes, please give your address
please print to speak to
the Board?
John Q. Public Yes 13125 SW Hall Blvd.
Tigard OR 97223
Agenda Item No.: �0
IWB Meeting Date: 6-11 -09
Single Family Dwelling & Metered Businesses
Utility Services Delinquent Account Policy
' Effective xx-xx-xxxx
The City requires timely payment for all utility services. Customers/property owners who fail to keep their
account in good standing will be assessed fees and charges related to the collection of their delinquent bill.
Unpaid utility bills can result in termination of water service.
The City will take the following action with regard to unpaid utility service accounts:
Urgent Notice
■ If the bill is not paid by the due date,an Urgent Notice will be mailed to the customer within'L�_')
days of the due date on the original bill. �S
■ The customer will be given a new due date.
Final Notice
■ If the bill is not paid by the due date specified in the Urgent Notice, a Final Notice will be placed on
the front door of the dwelling or place of business at least 36 hours before water service is
terminated.
■ The 36 hours shall be counted during business days only and shall not include City holidays or
weekends.
■ The Final Notice will contain the amounts and types of charges that are past due and the date and
time such charges must be paid to avoid termination of water service.
■ Per the City's fees and charges schedule, a (NAME TO BE DETERMINED) charge will be added
to the account to recover the City's costs in issuing the Urgent Notice and Final Notice.
Termination of Water Service
■ Accounts that remain unpaid 36 hours following the issuance of a Final Notice will be scheduled for
shut-off.
■ On shut-off day, accounts will be reviewed at 10 a.m. to determine if any payments have been
received.
■ Those accounts still unpaid will have their water service disconnected and their water meter locked.
■ Per the City's fees and charges schedule, a water disconnection charge will be added to the account
to recover the City's costs in terminating the service. The charge shall apply even if the actual water
disconnection isnot performed.
Reinstatement of Water Service
■ Water service will be reinstated on the day the bill is paid in full by 5 p.m. Charges may include, but
are not limited to:
- The outstanding bill
- Any fees and charges related to the outstanding bill
- A deposit,if required
- Meter damage charges,if applicable (See the City's Water Meter Policy)
■ If payment is not made prior to 5 p.m., the customer's water service will not be reinstated until the
next regular business day. Water service will not be reinstated outside normal City business hours or
on City holidays or weekends.
The City of Tigard is the Water Provider for the Tigard Water Service Arra which includes Durham, King City, two-thirds of Tigard
and unincorporated arras to the south and west of Tigard.
Payment on Past Due Accounts
■ The City does not recommend past due accounts be paid through on-line banking. Such payments
are not credited to an account until processing is completed; processing can take up to two weeks.
■ If a payment is made by check, and the bank returns the check unpaid for any reason:
- Any fees and charges avoided by this payment will be assessed.
- Per the City's fees and charges schedule, a returned check fee will be added to the account to
recover any bank fees along with the City's costs in collecting payment.
Deposit Required for Recurring Past Due Accounts
• If a customer has been issued three Final Notices within a 12 month period, a proportional deposit
will be required.
■ The total deposit will equal the average of the two most recent billing cycles.
■ The deposit will be credited back to the account once the customer has not been issued a Final
Notice for two full years from the date the deposit was received.
• If a final bill is issued and the deposit is greater that the final bill, the deposit will be applied to the
customer's account and a refund will be issued. If the final bill is greater than the deposit, the
deposit will be credited to the final bill and the customer will be responsible for paying the
remaining balance.
Damage of Tampering with a Disconnected Water Meter (See the City's Water Meter Policy)
■ Customers will be charged the actual cost to repair any damage to the water meter or meter lock
caused by the willful act of the customer or other party.
Appeal Process
■ If a customer is not satisfied with a billing decision, the customer may appeal to the Assistant
Finance Director.
■ The appeal must be in writing and must outline the customer's position. Supporting documentation
must be included. These documents must be delivered within 30 days of the original billing decision
to:
Assistant Finance Director
City of Tigard
13125 SW Hall Blvd.
Tigard OR 97223
Approved by:
Dennis Koellermeier Date
Public Works Director
Toby La France Date
Finance& Information Technology Director
The City of Tigard is the Water Provider for the Tigard Water Service Area which includes Durham, King City, two-thirds of Tigard
and unincorporated areas to the south and west of Tigard.
=r'
Residential Credit for Leak Adjustment Policy �D
Effective xx-xx-xxxx �C1�
All water lines and plumbing on the outlet side of the water meter are considered "private" and are the
responsibility of the customer/property owner. However, the City recognizes leaks in water lines, plumbing,
and water-related equipment occur,despite proper maintenance and diligence on the part of the
customer/property owner. In order to provide financial relief to customers/property owners who
experience sizeable water leaks, the City will consider credit for leak adjustments under the following
circumstances:
• The leak did not result from a willful or negligent act on the part of the customer/property owner.
■ The customer can demonstrate the leak was repaired within 10 days of discovery.
■ The customer's account is current,unless prior arrangements have been made.
■ The customer has not received a leak adjustment within the past 36 months.
■ The water customer completes and submits a "Credit for Leak Adjustment" form, along with proof
of the repair,within 30 days of malting the repair. Forms can be obtained on-line at wxv-,v.tigard-
or.g under"City Hall/Service/Utility Billing" or by calling City of Tigard Utility Billing at
503.639.4171.
The City:
• Will only issue credits for actual water consumption.
■ Will not issue credits under$10;$10 is the minimum credit issued.
• Will not issue credits in excess of$2,000;$2,000 is the maximum credit issued.
• Will not issue credits for leaks related to water features (fountains, ponds, etc.), swimming pools,
and hot tubs.
• Will not issue credits for more than two billing periods.
■ Assumes no responsibility for damage, repairs or inspections necessitated by leaks.
Credit for Leak Adjustment Calculations
■ Past usage for the same billing period
Past usage equals the five-year average usage for the billing period in which the leak occurred. If a
five-year history has not been established, the average will be based on whatever history is available
for the billing period. If no history exists for the billing period, the past usage will equal the system
average of 16 ccf per billing cycle. (A ccf equals 100 cubic feet or 748 gallons of water.)
Example: Customer Ima Drip's usage for the past five January/February billing cycles has been 18
ccf, 17 ccf, 14 ccf, 18 ccf, and 13 ccf. Her five-year average for this billing cycle equals 16 ccf, (80 ccf
divided by 5 years).
■ Amount of the leak
The difference between past usage and current usage for the same billing period equals the amount
of the leak.
Example: Ms. Drip's usage for the current January/February billing cycle is 31 ccf. The current ccf
minus her past usage (31 ccf minus 16 ccf) means the amount of her leak equals 15 ccf.
The City of Tigard is the Water Provider for the Tigard Water Service Area which includes Durham, King City,
two-thirds of Tigard and unincorporated areas to the south and west of Tigard.
These entities are represented by the Inter
overrrmental Water Board.
Credit for Leak Adjustment Calculations Continued
■ Retail mark-up on the leak
The retail mark-up of the leak equals the City's retail mark-up on the water (retail cost minus
wholesale cost) times the amount of the leak.The retail mark-up is established annually based upon
the rates at which the City purchases water.
Example: Assuming a retail mark-up of$1.48 per ccf, Ms. Drip's leak would result in a credit of
$22.20, ($1.48 retail mark-up per ccf times 15 ccf).
Appeal Process
■ Should any customer/property owner feel this policy was not implemented correctly, they may
appeal the staff decision to the Intergovernmental Water Board (IWB).
■ The appeal must be in writing and must outline how the policy was improperly implemented.
Supporting documentation must be included.These documents must be delivered within 30 days of
the staff decision to:
Assistant Finance Director
City of Tigard
13125 SW Hall Blvd.
Tigard OR 97223
■ The IWB will review the documentation from the customer and the City at a public meeting.The
customer/property owner will be informed of the meeting date and may attend the meeting if they
so choose.
■ Within the scope of this policy, the IWB will either uphold the staff decision or inform staff how the
policy was improperly implemented. If it is determined the policy was improperly implemented, staff
will recalculate the credit for leak adjustment per the IWB's instruction.
■ The I" has the final authority in determining if the policy was properly implemented. However,
the IWB does not have the authority to deviate from existing policy or to issue credits which fall
outside the minimum and maximum amounts outlined in this policy.
Approved by:
Dennis Koellermeier Date
Public Works Director
Toby La France Date
Finance&Information Technology Director
The City of Tigard is the Water Provider for the Tigard Water Service Arra which includes Durham,King City,
two-thirds of Tigard and unincorporated arras to the south and west of Tigard.
These entities are nprrsented by the Intergovernmental Water Board
Agenda Item No.:
IWB Meeting Date: 3- 11 -04)
April xx, 2009
Mr. Kevin Hanway
Water Director
City of Hillsboro
150 E. Main Street
Hillsboro OR 97123
Re: Notice-Tigard's Withdrawal from the Joint Water Commission
Dear Mr. Hanway:
The City of Tigard,on behalf of our Tigard Water Service Area partners,is withdrawing from the Joint Water
Commission (JWC) in accordance with the 2004 First Amendment to Water Service Agreement and Joinder
Agreement.
As you know the City had been pursuing multiple water supply options for several years.To that end,Tigard
recently entered into a water partnership with the City of Lake Oswego to jointly develop water supply
improvements that will serve both communities through the year 2030. In selecting this option,Tigard
intends to focus its financial resources and energies solely on the water partnership. Therefore,the City has
decided to terminate its participation in the Tualatin Basin Water Supply Project and withdraw from the
JWC.
While the existing agreement requires a two-year termination notice, the City is requesting the JWC partners
consider shortening this time to 18 months.This will allow the partners to spread the buy-out costs over two
budget cycles,and will allow Tigard to recover its investment within a slightly shorter time frame.We believe
this should work for the partners due to our limited asset ownership position.
Lastly,Tigard understands this change will allow us to continue as a surplus water customer of the JWC,
either under the existing 2001 contract or under a new arrangement that would be mutually beneficial to the
parties.
We appreciate your efforts to develop additional water supplies in Washington County. Such efforts will
benefit our region far into the future.We wish the remaining partners every success on the TBWSP.
Sincerely,
Craig E. Dirksen
Mayor
Distribution.
Kevin Hanway,Water Director,City of Hillsboro, 150 E. Main Street,Hillsboro OR 97123
City Manager,c/o City of Hillsboro, 123 West Main,Room 150,Hillsboro, OR 97123
General Manager,Tualatin Valley Water District,PO Box 745,Beaverton, OR,97075
City Manager, City of Forest Grove,PO Box 326,Forest Grove, OR 97116
Mayor,City of Beaverton,PO Box 4755,Beaverton, OR 97076
April xx, 2009
Mr.Tom VanderPlaat
Clean Water Services
2550 Southwest Hillsboro Highway
Hillsboro,OR 97123
Dear Mr. VanderPlaat:
Re: Notice-Tigard's Withdrawal from Participation in the Tualatin Basin Water Supply Project
The City of Tigard,on behalf of our Tigard Water Service Area partners,will not reinstate its
participation in the Tualatin Basin Water Supply Project(TBWSP) as specified in the terms and
conditions of the Fourth Amendment to the Joint Funding Agreement. We have instead elected to
pursue a water partnership with the City of Lake Oswego.
As you know the City had been pursuing multiple water supply options for several years. While
pursuing multiple options has been expensive and time consuming, each option under consideration,
including the TBWSP,held promise and merited study and evaluation.
In early 2008 the Lake Oswego water partnership was emerging as the best option to meet Tigard's
long-term water supply needs.As a result, our TSWSP partners graciously allowed us a one-year
grace period to evaluate the Lake Oswego option in greater detail.At the same time,Tigard
suspended its participation in the TBWSP,but reserved the right to return to the project by paying
its share of FY 2008-2009 expenses by June 30,2009. Please consider this letter as official
notification that the City of Tigard does not intend to reinstate its participation in the TBWSP.
We understand this action allows the remaining parties to assume Tigard's rights and obligations
pursuant to Exhibit B. On a related note,please delete Tigard as a co-applicant on the stored water
rights application number R-86734 dated December 20,2006.
We appreciate your efforts to develop additional water supplies in Washington County. Such efforts
will benefit our region far into the future. We wish the remaining partners every success on the
TBWSP.
Sincerely,
Craig E. Dirksen
Mayor
Distribution:
TO BE DETERMINED
F,teres ,n tb Y1ce ,Qt torr. as ktkan cL-
r1'l2tri a.e �r f� dQ .Z . 8
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 determine if approval of the program
has been unreasonably withheld.
(c) Tigard shall prepare and deliver to the Cities and
the District a proposed Capital Improvement Plan no later 1
than June 30, 1994 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 adopted
pursuant to subsection (b) .
(2) The capital improvement 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.
(5) The Parties acknowledge that the water system currently
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 9 (12/23/93 - FINAL)
I
serving the original District is an integrated system.
To the extent that either Party should terminate this
Agreement, the Parties agree to Cooperate with each other
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 unreasonably withhold
consent to a contract if the contract 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, 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 (1t) on their bills for water service in
the place of a it 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
study undertaken to fulfill the District's obligations pursuant to
ORS 222 .540. ]
G. Accounting �I
(1) Water activities will be accounted for in the same manner
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
such allocation and methodology.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 10 (12/23/93 - FINAL)
(2) The accounting method used by Tigard shall, to the extent
possible, 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 remove system lassets 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 covenants, and mortgaging
of water system assets. <Any martgaging [Tigard may not
mortgage] water system assets <shall reguire-t#re eansent of t-ht
C-Aie9—and the—Distrie [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)
Agenda Item No.:
IWB Meeting Date:
Intergovernmental Water Board
13125 SW Hall Blvd.
Tigard OR 97223
February 23, 2009
The Honorable Jeff Merkley
United States Senate
B40B Dirksen Senate Office Building
Washington,DC 20510
RE: Letter of Support for 10-Mil. Storage Tank Seismic Upgrade and Transfer Pump Station
Dear Senator Merkley:
The Intergovernmental Water Board (IWB) represents the interests of the Cities of Durham,
King City, and Tigard, and unincorporated areas of Washington County on water-related matters.
The City of Tigard is the water provider for these entities.
The IWB fully supports the City of Tigard's project to seismically upgrade the ten-million-gallon
water storage tank and transfer pump station. This tank and pump station are key elements in
providing clean, safe drinking water to the area's citizens. Our region of Oregon is in a very high
risk category for seismic activity and a seismic event could not only jeopardize the drinking water
supply, but could be catastrophic for those residents located downhill from the tank.
The existing ten-million-gallon reservoir is the City's terminal reservoir; the most critical
structure in the water system. The reservoir and its pump station are over 30 years old and need
seismic retrofitting and repair in order to assure an uninterrupted water supply and to protect
homes located directly downhill from the tank.
Please join us in supporting this worthwhile project. We look forward to continued
cooperation in being good stewards of public dollars and the public water system.
Aenni
s Koellermeier
On behalf of the Intergovernmental Water Board
Intergovernmental Water Board
13125 SW Hall Blvd.
Tigard OR 97223
February 23, 2009
The Honorable Ron Wyden
United States Senate
223 Dirksen Senate Office Building
Washington, DC 20510
RE: Letter of Support for 10-Mil. Storage Tank Seismic Upgrade and Transfer Pump Station
Dear Senator Wyden:
The Intergovernmental Water Board (IWB) represents the interests of the Cities of Durham,
King City, and Tigard, and unincorporated areas of Washington County on water-related matters.
The City of Tigard is the water provider for these entities.
The IWB fully supports the City of Tigard's project to seismically upgrade the ten-million-gallon
water storage tank and transfer pump station. This tank and pump station are key elements in
providing clean, safe drinking water to the area's citizens. Our region of Oregon is in a very high
risk category for seismic activity and a seismic event could not only jeopardize the drinking water
supply, but could be catastrophic for those residents located downhill from the tank.
The existing ten-million-gallon reservoir is the City's terminal reservoir; the most critical
structure in the water system. The reservoir and its pump station are over 30 years old and need
seismic retrofitting and repair in order to assure an uninterrupted water supply and to protect
homes located directly downhill from the tank.
Please join us in supporting this worthwhile project. We look forward to continued
cooperation in being good stewards of public dollars and the public water system.
Sin y,
Z
Dennis Koellermeier
On behalf of the Intergovernmental Water Board
Intergovernmental Water Board
13125 SW Hall Blvd.
Tigard OR 97223
February 23, 2009
The Honorable Jeff Merkley
United States Senate
B40B Dirksen Senate Office Building
Washington, DC 20510
RE: Letter of Support for ASR (Aquifer Storage and Recovery) 3 Underground Water Injection
and Recovery Project
Dear Senator Merkley:
The Intergovernmental Water Board (lWB) represents the interests of the Cities of Durham,
King City, and Tigard, and unincorporated areas of Washington County on water-related matters.
The City of Tigard is the water provider for these entities.
The I:WB fully supports the City of Tigard's project to complete the well head improvements at its
Aquifer Storage and Recovery (ASR) well on Bull Mountain.
The practice of storing water in an underground aquifer during the wet winter months and
recovering that same water in the months of higher demand is practical, sustainable, and critical to
maintaining the area's ground water supply levels. Employment of ASR also helps maintain year-
round stream levels, thus enhancing the recovery of critical wildlife habitat. Without ASR our
region's summer water supplies would taxed beyond capacity,increasing the potential for
contamination and shortages.
Please join us in supporting this worthwhile project. We look forward to continued
cooperation in being good stewards of public dollars, the public water system, and a healthy natural
environment.
Since y
Dennis Koellermeier
On behalf of the Intergovernmental Water Board
". )k'- -;?-/l 167 "
2009 Distributed to IWB Members
Via: —�E-mail *ail _.In-person at meeting
Intergovernmental Water Boar
Meeting Schedule
Wed., January 14 Wed., February 11
Wed., March 11 Wed., April 8
Wed., May 13 Wed., June 10
Wed., July 8 Wed., August 12
Wed., September 9 Wed., October 14
Thurs., November 12 Wed., December 9
Intergovernmental Water Board MF-- --- 143 el_617
Distributed to IWB Members ctck'L&
January 15, 2009 Via: E-mail Mail In-pe son at meeting
NAME ADDRESS PHONE—FAX- E-MAIL TERM
EXPIRATION
Patrick Carroll 8223 Wilderland Ct 503-705-4287 (cell) December 2009
Durham Representative Durham, 97224 503-703-3155 (cell)
patrick.suzycarroll(aD_verizon.net
Chris Hadfield 8253 SW Woody End 503-620-1877 (home)
Durham Alternate Durham, 97224
Gretchen Buehner 13249 SW 136 Place 503-684-1031(home) December 2010
Tigard Representative Tigard OR 97223 503-684-1031 (work)
971-506-2096 (cell)
gebuehner(a)_yahoo.com
Sydney Sherwood 13125 SW Hall Blvd. 503-293-0902 (home)
Tigard Alternate Tigard, 97223 503-443-6084 (work)
Dick Winn 16270 SW King Charles 503-620-2097 (home) December 2010
King City Representative King City, 97224 503-639-3771 (fax)
thermw _webtv.net
David Newham 16330 SW King Charles Ave 503-718-8581
King City Alternate King City 97224
Julie Russell 12662 SW Terraview Drive (503) 603-9152 (home) June 2009
TWD Representative Tigard, OR 97224 (503) 312-9163 (cell)
ja ru sse 1159(a�co m ca st.net
Ken Henschel 14530 SW 144 Avenue (503) 579-8375 (home)
TWD Alternate Tigard, OR 97224 Ken.Hen schel(a)comcast.net
Bill Scheiderich 13655 SW Steven Ct 503-639-7624 (home) December 2009
Member at Large Tigard, 97223 503-526-2215 (work)
503-526-2479 (fax)
bscheiderich(a)ci.beaverton.or.us
iwb\phone\term expirations— 1/15/2009
City of Tigard �1
13125 SW Hall Blvd.
Tigard, OR 97223 i
Phone: 503-639-4171
TIGARD
FAX TRANSMITTAL
Date March 4, 2009
Number of pages including cover sheet 3
To:
The City of King City (Fax No. 503-639-3771)
The City of Durham (Fax No. 503-598-8595)
From: Greer Gaston
Co: City of Tigard
Fax#: 503.684.8840
Ph#: 503.718.2595
SUBJECT: Intergovernmental Water Board Meeting Agenda
MESSAGE:
Please post the attached agenda for the upcoming meeting of the Intergovernmental Water Board.
Thank you.
1:TNGIFAX.DOT
Intergovernmental Water Board — Agenda
SERVING TIGARD, KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, March 11, 2009 5:30 p.m.
MEETING LOCATION: Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
1. Call to Order, Roll Call and Introductions
Call the meeting to order, staff to conduct roll call.
2. Approval of Minutes — February 11, 2009
Action: Motion to approve the February 11, 2009 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update - Mr. Goodrich
5. Election of Chair and Vice-Chair— Mr. Koellermeier
Action: Motion to appoint the Chair and Vice Chair.
6. Review the City of Tigard's Utility Services Delinquent Account Policy and the Residential
Credit for Leak Adjustment Policy—Mr. Koellermeier
Action: No action required. The Board will be asked to make a recommendation on the policies at its
next meeting.
7. Consider Making a Recommendation for the City of Tigard to Submit Letters Withdrawing
from the Joint Water Commission and Withdrawing Participation in the Tualatin Basin
Water Supply Project —Mr. Koellermeier
Action: Motion recommending the City of Tigard submit letters withdrawing from the Joint Water
Commission and withdrawing participation in the Tualatin Basin Water Supply Project.
8. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham
and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and
the City of Tigard - Continued - Commissioner Carroll
Action: No action required.
9. Informational Items
■ Economic Stimulus Letters to Legislators —Mr. Koellermeier
10. Non-Agenda Items
Call for non-agenda items from the Board.
INTERGOVERNMENTAL WATER BOARD AGENDA— MARCH 11, 2009
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 oft
11. Future Agenda Items
Schedule Date Item
April 8, 2009 Consider Making a Recommendation to the City of Tigard on the Utility
Services Delinquent Account Policy and the Residential Credit for Leak
Adjustment Policy.
April 8, 2009 Consider Making a Recommendation on the City of Tigard's Proposed Water
Division Budget.
April 8, 2009 Consider Making a Recommendation on the City of Tigard's Proposed Water
Capital Improvement Program.
To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard
Water Service Area.
To Be Announced Review the Billing Insert Policy.
12. Next Meeting:
■ April 8, 2009 at 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
13. Adjournment
Action: Motion for adjournment.
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions
are confidential and those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose
any information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
INTERGOVERNMENTAL WATER BOARD AGENDA— MARCH 11, 2009
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2
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Log for
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5036848840
3/4/2009 5 : 40PM
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