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09/09/2009 - Packet Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee Tjg ...,hc,r `!, -Loci Q Date of Meeting 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, September 9, 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 —July 8, 2009 Action: Motion to approve the July 8, 2009 minutes. 3. Public Comments Call for comments from the public. 4. Know H2O Newsletter—John Goodrich 5. Water Supply Update -John Goodrich 6. Discussion of Possible Methodologies to Calculate Ownership Interest—Dennis Koellermeier Action: Motion to approve meter equivalency model as a basis of ownership calculation. 7. Informational Items Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. 8. Non-Agenda Items Call for non-agenda items from the Board. 9. Future Agenda Items Schedule Date Item To Be Announced Consider an Anchor Easement with PGE Company on the Public Works Building Property To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard- Water igardWater Service Area. 10. Next Meeting: ■October 14, 2009 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon INTERGOVERNMENTAL WATER BOARD AGENDA— SEPTEMBER 9, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 1 of2 11. 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— SEPTEMBER 9, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 oft I Intergovernmental Water Board (IWB) Meeting Minutes September 9, 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 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 IWB Recorder Kathy Mollusky 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:32 p.m. 2. Approval of Minutes —July 8, 2009 Commissioner Buehner motioned to approve the July 8, 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. Know H2O Newsletter Mr. Goodrich introduced the new quarterly newsletter. It was mailed to all residents in the Tigard Water Service Area (26,500 households). He said the newsletter was developed in-house by several creative City of Tigard staff members. The Commissioners liked the newsletter. Commissioner Buehner especially liked the easy to read, non-technical language. The newsletter will be posted on the City of Tigard website in Spanish as soon as the translation is complete. Mr. Koellermeier is very happy with the newsletter. It accomplishes what the City wanted to do, to have a vehicle to communicate water related issues simultaneously to all the users. Intergovernmental Water Board Minutes September 9,2009 1 5. Water Supply Update Mr. Goodrich reported: • The rain that occurred over the three-day weekend drove sales from 8 million gallons per day (mgd) to 6 mgd. He anticipates an increase as the weather warms up. • The aquifer storage and recovery well (ASR) was shut off because it is not needed. 143 million gallons were used throughout the summer. The Tigard Water Service Area has a 96-day supply left in the ASR for emergency use. • During the heat wave, 12.7 mgd were used. The record of 14 mgd was set in 2002. Average peak day use has historically been 13.6 to 13.8 mgd so we have seen a reduction in use. Rain has a bigger impact reducing use than heat has with increasing use. • The water system is functioning as expected: pumping systems are all online and operating normally. 6. Discussion of Possible Methodologies to Calculate Ownership Interest. This item was continued from the Board's July 8, 2009 meeting. • Mr. Koellermeier summarized Mr. Goodrich's memo. The City used four different methodologies to calculate ownership interest. There are two things driving this issue: o The Tenancy-In-Common (TIC) agreements require us to recalculate ownership biannually, due this year. o How assets are dealt with in the intergovernmental agreement (IGA) rewrite. • Getting population numbers requires substantial estimating. Durham and King City are easy; PSU can provide the population numbers. However, population is not tracked at the district level for the TWD, and the area represented by Tigard does not correspond with city boundaries. These issues make population difficult to ascertain for Tigard and the Tigard Water District. As a starting point, population was required in the original methodology. When the Tigard Water Service Area was formed, it was not known how the formula would be utilized. It may have been required if there were a need to bond. The member jurisdictions are not expected to bond under the current or future IGA. • AWWA industry standard uses the meter equivalency model. It assumes a residential meter has a unit value of one. Bigger meters have some multiplier of one. This information is recoverable daily from the City of Tigard's billing system. Every account has a meter size and is tracked by jurisdiction. The calculations the City of Tigard completed were to verify the accuracy of this method compared to other methods. No matter what method is selected, the numbers are close. There is only a 2-1/2 percent difference between any of the methods. • Mr. Koellermeier stated meter equivalency is methodology to use for a few reasons: 1)Tests out mathematically. 2) Easy, accurate number to obtain whether needed for withdrawal, the TIC agreement, or any other purpose. 3) It is adopted and recognized by AWWA. • The current TIC requires us to recalculate population every two years. Mr. Koellermeier feels there is no value in this. The IWB can adopt the new Intergovemmental Water Board Minutes September 9, 2009 2 methodology and run the meter equivalency report. This would negate the population issue. • If the IWB decided to move forward with meter equivalency, the TIC agreement would likely need to be amended and new deeds recorded. The IWB may also want to remove the requirement that ownership interest be updated every two years. This new methodology will be used in existing TIC agreements, the new IGA, and any future documents. Commissioner Scheiderich can incorporate meter equivalency methodology and audit process language into the new IGA. • Commissioner Scheiderich is supposed to have the draft IGA done for October meeting. Commissioner Carroll is pressing him to get as close to finished project in four weeks as he can and to email advanced copies to IWB members. Commissioner Carroll would like to set up a special meeting or extend the November meeting to get the new IGA completed around the first of the year. He would like each member jurisdiction's legal counsel to have an opportunity to review and comment on the new IGA before then. He suggested each member jurisdiction schedule this with their governing body and attorney. Commissioner Winn made a motion recommending we use meter equivalency method for division of assets and any other applicable situations. Commissioner Buehner seconded the motion. The motion was approved with Commissioners Buehner, Carroll, and Winn voting yes. Commissioner Henschel abstained. 7. Informational Items: Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. Commissioner Buehner had nothing to report; a meeting will be scheduled in the next week or so. Mr. Koellermeier reported on the two processes going on: (1) legal front and (2) project front. 1) On legal front, Tigard and its co-defendants (the team) are participating in the discovery process. WaterWatch requested copies of the team's Information. Some discovery requests were challenged; these will be resolved in the next couple of weeks. From a policy position, South Fork feels they have a senior claim to the water, and all other issues are immaterial. WaterWatch is on the other side of the policy saying the protected species are more important than the old state law; water must be kept in the stream. The team is stationed in middle. We have worked with the state and different agencies and can live with the settlement. The Administrative Judge assigned to the case has a reputation of looking for common ground and getting to the middle of an issue. This helps the team define its position as reasonable. 2) On the project side, the team is half way through the selection process of finding a Program Manager. We have done the Statement of Qualification and are requesting proposals from three firms. The final selection will be made and that firm will be operational before the year is out. • The hearing will occur around February and then the appeal process will begin. The legal issues are expected to be resolved early in 2011. This is not delaying the project. The problem is how much capital money should be put at risk, spent at the front end of design? The legal will be resolved in time to make a decision Intergovernmental Water Board Minutes September 9,2009 3 about negotiating an agreement with Portland. The problem is construction and whether the Tigard-Lake Oswego water partnership projects can be built before Tigard's water contract with Portland expires. • The legal process will not stop the permitting process. The team needs to get a permit for land use in West Linn. In-water permits will be difficult to obtain for all agencies that use the Clackamas River. The Corps of Engineers rules need to be complied with when tunneling under the Willamette River. Endangered species are in both rivers, which is a challenge. It has to be demonstrated that endangered species are not being killed. Over the next six months, more details will be available, such as the schedule, cash burn model, and a more detailed approach to permitting. • Mr. Koellermeier hopes Tigard can self-finance the build-out for one more year. A grant was acquired that paid for half of the $5 million pump station so Tigard can use that money, around $2 to $2.5 million. The other half of the grant is a low interest forgivable loan, which means we are self financing at a very low rate, 3 percent, rather than going to the commercial market. Very few agencies in State of Oregon received the money. All revenue is bond-based, so no vote was required. 8. Non-Agenda Items: None 9. Future Agenda Items Future agenda items were not discussed. 10. Next Meeting: • October 14, 2009 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment At 6:36 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Henschel seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel, and Winn voting yes. IVVB Chair Kathy Mol usky, IWB Rec der Date: Intergovernmental Water Board Minutes September 9,2009 4 Agenda Item No.: IWB Meeting Date: , q,xDq Intergovernmental Water Board (IWB) Meeting Minutes July 8, 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 Representing the Tigard Water District Dick Winn Representing the City of King City Members Absent: Bill Scheiderich Member At-Large Staff Present: Assistant Public Works Director Brian Rager Utility Division Manager John Goodrich IWB Recorder Greer Gaston Executive Assistant Kathy Mollusky 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:31 p.m. 2. Approval of Minutes — May 13, 2009 Commissioner Buehner motioned to approve the May 13, 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 average water usage is 7.55 million gallons per day. This is about half-a-million gallons less per day than our 10-year average, the same as last year. • ASR 2 has pumped 39 million gallons for the season. There are 257 million gallons in storage. We currently have a 119 day supply. There was a drop in water sold with the economic downturn. Currently we are using two wells for normal supply. We use ASR 2 for peak times; this allows us to keep water stored in ASR 2 for emergencies. • We purchased half-a-million gallons per day for a two-month period from Portland at 60% of wholesale cost. This makes up the supply we are not getting from the Joint Water Commission (JWC). It is a summer interruptible supply. Intergovernmental Water Board Minutes July 8.2009 1 • Consumer Confidence Report (CCR) 2009 water quality report. John recognized the letter from Commissioner Henschel. TWD's service area was referred to as unincorporated Bull Mountain. This will be properly identified in future correspondence. Commissioner Buehner inquired as to the estimated timeline for the ASR 3 well. Mr. Rager replied that the well improvement design will begin in FY 10-11 and construction will be finished in FY 11-12. The well has been drilled, capped and tested for capacity. The other reservoir at the 550' level on the north side of Bull Mountain is five years or more from design. 6. Discussion on Having Commissioner Scheiderich Prepare an Initial Draft of the 1993 IGA Rewrite Mr. Rager summarized a memo from Dennis Koellermeier dated July 8, 2009 discussing Commissioner Scheiderich preparing a first draft of the new IGA. Commissioner Carroll expressed his support for this approach and spoke about Commissioner Scheiderich's competence and knowledge of the material. Commissioner Scheiderich understands IWB's goals. It will save time and money with him preparing the draft. Commissioner Buehner spoke about Commissioner Scheiderich's experience in writing IGAs and complying with state law. Commissioner Winn supports. Commissioner Scheiderich has been a participant in the IWB rewrite. Each member's individual attorney will still have to review it. Commissioner Winn motioned to authorize the City of Durham to furnish the IWB with limited legal services in the form of Commissioner Scheiderich preparing an initial draft IGA. Commissioner Buehner second. The motion was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, and Winn voting yes. Commissioner Henschel abstained. Commissioner Buehner motioned to authorize the City of Tigard, acting on behalf of the IWB, to pay for these legal services when invoiced by the City of Durham at a price not to exceed $2,000. Commissioner Winn second. The motion was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll and Winn voting yes. Commissioner Henschel abstained. 5. 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 (TWD) and the City of Tigard This item was continued from the Board's April 8, 2009 meeting. Page 12, Item 7.C. Services Provided by Tigard • Commissioner Scheiderich and TWD asked Commissioner Carroll if the right of condemnation can be given away from one district to another. The condemnation would have to come from each individual city for their city. • Commissioner Buehner states the intent is for each city to contractually agree to perform condemnation, if required, for the operation of the water system. Commissioner Scheiderich has already written proposed language. Intergovernmental Water Board Minutes July 8,2009 2 Page 13, Item 7.E. This item is in the TWD agreement only. TWD would like to eliminate the line: "To the extent that Tigard charges other governmental entities for the use of the building, the District agrees to compensate Tigard a reasonable amount for use of the building." They would like the new sentence to read: "Tigard agrees to allow the District use of the Richard Brown Auditorium at no cost to the district and such consent for use of space shall not be withheld if space is available and the District provides at least 24-hour notice." Commissioner Carroll suggested making it a generic statement for all agreements that states consent to use the room will not be unreasonably withheld to any signees with reasonable notice (City standard of 5 days notice), if room is available. Commissioner Henschel concurs. Item 7.F • This item is in the TWD agreement only. Delete current Item F. TWD wants new Item F to state: "Tigard will respond within 5 business days to requests for public and financial records relating to services provided and expenditures made to and on behalf of TWD at no charge to TWD." COT holds the records for TWD customers. • The release of records depends on what records are requested. The City of Tigard has record request procedures in place already. • Commissioner Carroll defers to Commissioner Scheiderich. Commissioner Scheiderich should read F out of TWD district and make it generic to all agreements. • Commissioner Buehner inquired about annual reports given to each district. All districts receive a 1% check once per year from the City of Tigard based on water usage, there is no report with it. • Mr. Goodrich questioned TWD having access to billing records from a privacy standpoint. All customers are treated the same. Jurisdictions are required to guard this information by law. • Commissioner Buehner asked if TWD is asking generically how many gallons are sold to their district or if by individual customer. Sold to individual customer is a violation of HIPPA laws. • TWD only wants what can be delivered to them legally. For instance, they might need a mailing list of customers. Tigard provided this list to them recently. The list has address, not names, attached to it. Page 12, Item 8. Rules and Regulations • Mr. Goodrich proposed deleting Item 8. It was carried over from TWD. Tigard adopted into the Tigard Municipal Code (TMC). • Commissioner Buehner agreed with deleting section. Add reference that states the TMC governs the rules and regulations. • Commissioner's Henschel and Carroll suggested keeping: "The IWB 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." If this language is in the TMC, it is not needed in this IGA. Commissioner Buehner added: "Parties agree to comply with rules and regulations as adopted by Council." Commissioner Scheiderich should read and sort through Item 8.B. Intergovernmental Water Board Minutes July 8,2009 3 Page 13, Item 9. Extension of Service. • Commissioner Carroll proposed leaving exactly as is and making this the last issue discussed after agreeing to everything else so as to not derail other aspects of agreement. • Commissioner Henschel would like to see Item 9 A & B enforced. Commissioner Carroll does not think it is germane to Durham. Mr. Rager states that the land use process drives Tigard Water Service Area (TWSA) to provide water. Commissioner Scheiderich can rewrite and make it a generic statement. Item 9.0 • Replace "Residents located within the District shall not be responsible..." with "TWSA shall not be responsible for any expenses..." • Commissioner Buehner wants Tualatin Valley Water District (TVWD) boundary adjustment included in agreement. There is an area TVWD does not serve even though it is in TVWD area. TWSA is providing water. Page 13, Item 10. Employee Benefits/Personnel. • Commissioner Buehner proposed deleting. It is irrelevant. Commissioner Carroll concurred. Page 14. Item 11. Annual Meeting. • Commissioner Winn questioned if an annual meeting should be held. Delete the paragraph, it is not necessary. • Commissioner Carroll acknowledged the difficulty in getting this scheduled. The governing bodies could schedule the meeting and those able to attend shall attend. • Commissioner Buehner states having an annual meeting with COT City Council and the IWB is the best we could ask for. • Commissioner Henschel suggested it does not have to be one meeting. COT could go to TWD, then to Durham, etc. Page 14 Item 12. Attorneys Fees. Item 13. Applicable Law. Item 15. Amendments. Item 16. Effective Date. • Commissioner Buehner states these are standard in agreements. They should be left as is. Done. 7. Discussion on the Frequency of Ownership Interest Calculations and Deed Execution as Specified in the Tenancy in Common Agreements Mr. Rager reported there is a provision to recalculate percentage ownership every two years in the Tenancy In Common (TIC) agreements. In the IGA, if one member wants to pull out of the agreement with Tigard it needs to be redone. In light of the IGA being rewritten and the potential of different methodology, the City is not going to recalculate percentage ownership at this time. Technically, this puts the COT in violation of the TIC agreements; however, COT's Intergovernmental Water Board Minutes July 8,2009 d attorney is comfortable with this as long as the IWB Board concurs. Mr. Koellermeier is bringing alternate method of calculation to be discussed at next meeting. Commissioner Carroll suggested looking at total gallons sold and number of connections. Mr. Koellermeier is going to inform us of current methodology and other methods that might work. For instance, if we did (1) water sold only or (2) water sold and number of connections with water sold. IWB will be able to see where the slope falls and decide the fairest method to write into the new IGA. Tabled until next meeting. 8. Informational Items: Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. The Oversight Committee reviewed the status of the plan. COT wrote a $2 million check the third week of June for our buy-in to the Lake Oswego infrastructure. COT paid early so Lake Oswego is refiguring the interest owed. This will save a couple thousand dollars. The technical committee forwarded to Lake Oswego Council a recommendation to hire a consultant to act as project/construction manager. There will be city liaison and an (1)Assistant Director of engineering to work on the water side and supervise sewer project and (2) consultant who should be online in September to look at the plan. Update on water watch litigation. Settlement conference held in June. Administrative law judge (ALJ)from the state had not read all briefs and was not ready to handle settlement conference. Hopefully issues will be resolved with South Fork Water Board and they will withdraw their issues. This group will meet once per quarter until things really get going. 9. Non-Agenda Items: None 10. Future Agenda Items Future agenda items were not discussed. 11. Next Meeting: • August 12, 2009 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment At 6:35 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Henschel 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 July 8,2009 5 Agenda Item No.: 1-4 IWB Meeting Date: - H20J 1"F( et to knOW 201 - - The premiere water resource for Tigard Dater IV Service Area residents! op We e to the first issues.As your water provider, on how to protect your home's lcom the City of Tigard wants you to plumbing,money-saving water qp� edition of Know H2O,a new quarterly publication be in the know"Know H2O is conservation tips,rebate programs, about your drinking water. The your local resource for the latest and much more. cooperative partners of the Tigard information regarding water Questions? Water Service Area believe in the issues facing our community. For more details,please visit Tigard has the answers. importance of communicating Look to Know H2O for information www.tigard-orgov/water, or with the public regarding water on future water sources,advice call 503-639-4171. Your Water Bill? Utility Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503-639-4171 Water Division: Utility Billing: Public Works: Water Quality? Hidden Assets At Your Service Working for You Sally Mills sally@tigard-or.gov With a population of over The Utility Billing Division In addition to providing Tigard 503-718-2604 57,300,TWSA residents use an would like to remind TWSA Water Service Area residents Water Conservation? average of 2.3 billion gallons of customers that there are many with a safe and dependable Jennifer Joe drinking water each year. The payment options available: drinking water supply,Tigard jennifer@tigard-or.gov need for a clean,safe supply provides a variety of assistance 503-718-2599 of drinking water requires Pay online: and opportunities to their water the continuous operation and www.ubpayments.com/tigardhome customers including: Backflow Prevention? maintenance of Tigard Water Paperless billing is coming soon! Hung Nguyen ►Prompt and courteous hung@tigard-or.gov Service Area's: Pa the hone: Pay over p response to water service 503-718-2603 4 reservoirs Call 503-639-4171 to pay with problems Water Emergencies? your Visa,MasterCard or Discover. g ►Water conservation education Public Works 250 miles of Drop off your payment: and rebate programs 503-718-2591 distribution pipeline At any one of several convenient locations,including City Hall.Visit ►Cross connections and Aller-hours Water Emergencies? 2,050 fire hydrants our website for locations and times. backflow information On-call Service Sign up for auto-pay: ►Water quality assistance 503-639-1554 4,710 valves Call Tigard Utility Billing at /After-hours customer support General Inquiries? 503-639-4171 to set up automatic Public Works 17,832 water withdrawal from your checking or 503-718-2591 meters/service connections savings account. Conservation A Backflow Daa4,.J0hA1, Prevention I'vrvwr�'vn,Wth*1etterto-t-eWyaw ,e,. It'ba,bitterswee- *, Testing b'"t I've,cotine to-reaU,3,e that your 3 gatl~per flv-s v dR4tuu 4 are,totai,Wy an re.a 4onable and,I cavy do-better. I YL,fact,I've,already fou*i&a ha ndsom&, Thank You' yeu*Uje'model that o-nly n.e 41.28 gallowyper flw,lv Ir7iA .k.of aZWth&water a4l&WU)1 e I'll,save,that I u/ed,to-{Av ► away wLdv yoW1 I kept yo-w a.rouvu&the to-re be"" I dant want to-brm, g,sovnet uAtf Tigard Public Works extends a big new ;n to-my Ufe,that cote, &make me,regret g4vb4�yow up. However,th& "Thank You!"to all Tigard Water Evw6rovune4tta.LPreCectwwAgewyhaka.progra4mcalied/Water5e4&whtcly Service Area customers who completed has a z vLa tecl thole-fea rk A W ateeSen se,labelecW toilet nat&ny u4"low their annual backflow prevention water, but also-ha*beew put throujly vig rom k L+u1epe4u1e nt pev fm-matIC& testing.Backflow prevention devices are test'',, I kvaw if I makes a'W aterSev%-ibl&thou,,, it will meet my nee4 required any time an irrigation system, wwre-tha*vyo-w eve-Gou . pond,pool,or other item is connected Yo-w th6nk I caNvt a ffar&to-teave.yo%.v, bUt yo%Vre.wron : I j a4C f6U41a,o"t directly to the public drinking water the Cxy of rt. d,i4,o f er6n f up to-$150 uti rebatpkawoug,their Wati?wsewe, system.These devices are important 1Z e*ibu rse tnent Program. I'll,save,nwviey wale taw,rebate,a t&I U save, because they prevent contaminants mov.ay ovv my water bd.W o-nce,,yow've,beew replaced. It's,wL4vwLvw for ime,so- yow're,def nttel y out o f here,—evevv Lf I need-a crowbar to-do-it! the entering our drinking water,and the state requires annual testing to To-b,&clean,I am da unpuug your but not at th&d4unp.Jm4t�'��we, ensure they are functioning properly. c&&dd Vt—swstai+v our relat'wvvyhip, doesn't mean,I cant live,f4v a ww"uww. 1171 be,leavi nt yo%4,c t the,W eats;d e To;let BoMnd ,p where,yow wll your compliance isgreatly appreciated. Iv,recycle&for ajob-t*v roa&cov4t►-ttcrw-n, It's about V"neyou,stop stttirig, a+m" �pZ � ► I° �+' To learn more about backflow Jwst so-yow know, thvk i4n:t about-you,always,lead* the,seat up. That's, prevention, visit the website one pro$lenv even,the,EPA ha 4iVt-been,able,to-solve, at www.tigard-orgov/backflow See,yow d own,the,road, or contact Backflow/Cross Connection Specialist Hung YOU4- wG�.tP�' wX Nguyen at 503-718-2603 or To learn more about Tiigard's water rebates,please visit www.tigard-or.gov/water or call Jennifer Joe at 503-718-2599. hung@tigard-orgov GET INVOLVED!The Intergovernmental Water Board consists of representatives from the municipalities within the Tigard Water Service Area.Public meetings are held on the second Wednesday of each month at 5:30 p.m.in the Tigard Public Works Building Auditorium,8777 SW Burnham Street in Tigard,Oregon. . =TSIDE M � ; , City of Tigard PRESRT STD :ROUXDUPPUBLIC WORKS DEPT. US POSTAGE 13125 SW Hall Blvd. PAID PORTLAND,OR Tigard,OR 97223 PEANUT#1350 When: Saturday,October 17 • 9 a.m.—1 p.m. Where: Tualatin Valley Water District 1850 SW 170th Ave.,Beaverton,OR * * * * * * ECRWSS Cost: None.The event is sponsored by the • POSTAL CUSTOMER City of Tigard and Tualatin Valley Water District.All toilets will be • accepted free of charge. Questions: For more details,please �i�j� visit the website at www.tigard-or.gov/ ; This newsletter was printed on recycled paper with environmentally friendly inks. water or call Jennifer Joe at 503-718-2599. Please remember to complete the cycle and recycle this newsletter after it is read. Agenda Item No.: l9 IW11 Meeting Date: e ' City of Tigard Memorandum To: Intergovernmental Water Board From: John Goodrich Re: 2007 Tenancy in Common Agreement Requirements Date: September 1, 2009 Under the Tenancy in Common (TIC) Agreement signed by the members effective June 25, 2007 the partners agree under Section 5. Ownership Interest: "Every twenty-four (24) months, and at the time of any sale of the Property,the ownership proportions shall be adjusted to reflect population changes as a result of annexation, and the Owners ("partners")will execute a new deed to reflect the changes". This agreement is past the required period for recalculation of deed asset allocation. I would like to provide the following information regarding the requirements of this agreement: • Determining the population of each jurisdiction is difficult because accurate data is not available based on service area boundary. Tigard and TWD require interpolation of data that may be inconsistent. • Executing a new deed every twenty four months may not be cost effective or a benefit to the partners. I would recommend that the partners consider that proportionate asset allocation be calculated based on "meter equivalency"instead of population. This recommendation is based on: • Meter data is continually tracked and easily reportable to the partners. • American Water Works Association uses meter equivalency as a standard in calculating asset value for system development charges and is very applicable for the needs of the partners in this instance. • Meter equivalency matches closely with the current proportionate asset allocation as noted in the 2007 TIC Agreement. • Meter equivalency ratios correctly reflect changes within each jurisdiction regarding the number and size of meters reduced or increased due to development or annexation. I have provided an attachment with information regarding the comparison of estimated population, proportionate asset allocation ratios and meter equivalency based on information gathered in October 2006. It is recommended that any amendment to the 2007 TIC Agreement or any other agreements pertaining to the division of assets between partners use meter equivalency ratio methodology to determine the proportionate asset allocation. Analysis of Proportionate Interest Allocations Comparison Analysis of Different Methods to Calculate Asset Ratio Allocation based on October 2006 Data September 2,2009 Method from 1994 IGA=(Consumption %+Real Market Value%+Meters%)/3 using October 2006 data Real Market Consumption* Value** Meters*** ("A") ("B") (,.0„) TWD 641,523 880,511,030 3,556 Tigard 2,093,982 2,822,340,560 11,665 King City 130,395 201,727,000 1,181 Durham 74,115 116,051,350 339 2,940,015 4,020,629,940 16,741 Asset Allocation Asset Allocation Asset Allocation 2007 TIC Agreement Consumption* Meters*** Consumption&Meters Final Allocation TWD 21.82% 21.90% 21.24% 21.53% 21.65% Tigard 71.22% 70.20% 69.68% 70.45% 70.37% King City 4.44% 5.02% 7.05% 5.74% 5.50% Durham 2.52% 2.89% 2.02% 2.27% 2.48% 100.00% 100.00% 100.00% 100.00% 100.00% *Annual consumption from November 1,2005 through October 31,2006 ** Real Market Value(RMV)Updated as of November 7,2006 ***Meter count updated as of October 31,2006 Note: Asset Allocation of combined Consumption and Meter percentage ratio as per IWB Request July 1009 Data Table for other Proposed Methods October 2006 Estimate Asset Allocation October 2006 Report Asset Allocation 2007 TIC Agreement Population* Population% Meter Equivalency Meter Equivalency% Final Allocation% TWD 8,018 18.97% 5,095 22.37% 21.65% Tigard 30,490 72.15% 15,761 69.19% 70.37% King City 2,350 5.56% 1,357 5.96% 5.50% Durham 1,400 3.31% 565 2.48% 2.48% 42,258 22,778 * Population based on PSU Population Research Center,July 1,2006 Note: Tigard population for service area estimated by two methods with these results=31,021 and 30,490(smallest number used in report) Comparison Table for Proportionate Asset Allocation Methods 2006 Proportionate Proposed Method* Proposed Method* Interests((A+B+C)/3)) Asset Allocation Asset Allocation 2009 TIC Agreement June 2009 Report (used in 2007 TIC) 2006 Population% 2006 Meter Equiv.% Meter Equivalency% Meter Equivalency TWD 22% 19.0% 22.4% 22% 5,379 Tigard 70% 72.2% 69.2% 70% 17,533 King City 5.5% 5.6% 6.0% 6% 1,541 Durham 2.5% 3.3% 2.5% 2% 504 100% 100% 100% 100.0% 24,957 *Proposed Method using"Meter Equivalency Ratio”to determine ownership proportionate asset allocation for each partner Comparison Table for Proportionate Asset Allocation Methods 2006 Proportionate Asset Allocation Proposed Method Interests((A+B+C)/3)) Asset Allocation Asset Allocation Asset Allocation Asset Allocation 2006 Consumption 2009 TIC Agreement Partner (used in 2007 TIC) 2006 Population% 2006 Meter Equiv.% Consumption* Meters*** and Meter Ownership Meter Equivalency% TWD 22% 19% 22% 21.8% 21.2% 21.5% 22% Tigard 70% 72% 69% 71.2% 69.7% 70.5% 70% King City 6% 6% 6% 4.4% 7.1% 5.7% 6% Durham 2% 3% 2% 2.5% 2.0% 2.3% 2% 100% 100% 100% 100.0% 100.0% 100.0% 100% * Proposed Method using "Meter Equivalency Ratio" to determine ownership proportionate asset allocation for each partner ***Meter count updated as of October 31, 2006 Comparison Table for Proportionate Asset Allocation Methods s0% 70% - - -------- - - --- - - --- -- ---- -- 60% - 50% ■2006 Proportionate Interests ■ Population% ■Meter Equiv.% ■ Consumption* ■Meters*** ■Consumption and Meter Ownership 30% — - --- - - ------ - - ■TIC Agreement Meter Equivalency% 20% 10% 0% -- loom— TWD Tigard King City Durham City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 i Phone: 903-639-4171 FAX TRANSMITTAL Date September 2, 2009 Number of pages including cover sheet 3 To: The City of King City (Fax No. 503-639-3771) E(The City of Durham (Fax No. 503-598-8595) From: Kathy Mollusky Co: City of Tigard Fax#: 503-684-8840 Ph#: 503-718-2594 SUBJECT: Intergovernmental Water Board Meeting Agenda MESSAGE: Please post the attached agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. I:IENGIFAXDOT hp bfficejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 9/2/2009 3: 15PM Last Transaction Date Time Type Identification Duration Pages Result 09/02 03: 14p Fax Sent 5036393771 0: 50 3 OK . hp• officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 9/2/2009 3 : 16PM Last Transaction Date Time Type Identification Duration Pages Result 09/02 03: 16p Fax Sent 5035988595 0: 35 3 OK