09/10/2008 - Packet Completeness Review
h for Boards Commissions
and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Name of Board,Commission or Committee
-54 4 b g.,- /a,zWe
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
13/�.�9 /1 ;
Date
Intergovernmental Water Board — Agenda
SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, September 10, 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 — May 14, 2008
Action: Motion to approve the May 14, 2008 minutes.
3. Approval of Minutes —July 9, 2008
Action: Motion to approve the July 9, 2008 minutes.
4. Public Comments
Call for comments from the public.
5. Water Supply Update - Mr. Goodrich
6. Consider Making a Recommendation to the Tigard City Council Regarding the Approval of
the First Restated Intergovernmental Cooperative Agreement Creating the Willamette River
Water Coalition —Mr. Koellermeier
Action: Motion recommending the Tigard City Council approve the First Restated
Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition.
7. Introduction to Street Dedications, Easement and Remnant Property Purchase Related to
the Burnham Street Improvements—Dennis Koellermeier
Action: No action required.
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. Discussion of IWB Attendance at the Oregon Water Law Conference —Mr. Koellermeier
Action: Direction on whether the Board wishes to have a Commissioner attend the conference.
10. Informational Items
11. Non-Agenda Items
Call for non-agenda items from Board.
INTERGOVERNMENTAL WATER BOARD AGENDA— SEPTEMBER 10, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 oft
12. Future Agenda Items
■ Street dedications, easement and remnant property purchase related to the Burnham Street
Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
■ Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for leak, water meters,
and non-payment of water bills.
- The billing insert policy.
13. Next Meeting:
October 8, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
14. 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- SEPTEMBER 10, 2008
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I FVv 2 of
Sign-in Sheet
Intergovernmental Water Board Meeting
Date:
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
cz L,
A
Nd v
Intergovernmental Water Board (IWB)
Meeting Minutes
September 10, 2008
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
Julie Russell 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
Water Quality & Supply Supervisor John Goodrich
IWB Recorder Greer Gaston
Note: Agenda items are recorded in the minutes in the order they were
considered. This order varies from the agenda, thus the discrepancy in
numbering.
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:31 p.m. He explained
Commissioner Sheiderich could not attend the meeting, but had sent an email detailing
his thoughts on agenda items 6, 7 and 9. This email is on file in the IWB record.
2. Approval of Minutes — May 14, 2008
Commissioner Winn motioned to approve the May 14, 2008 minutes; Commissioner
Buehner seconded the motion. The minutes were approved by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting
yes.
3. Approval of Minutes —July 9, 2008
Commissioner Buehner motioned to approve the July 9, 2008 minutes; Commissioner
Winn seconded the motion. The minutes were approved by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting
yes.
4. Public Comments: None
Intergovernmental Water Board Minutes September 10,2008
1
5. Water Supply Update
Mr. Goodrich reported.-
0
eported:■ August water consumption averaged 9.54 million gallons per day, with a peak
consumption of 12.4 million gallons per day.
■ 172 million gallons, or an 82-day supply, remains in aquifer storage and
recovery.
■ Tigard has 28 million gallons reserved through the Joint Water Commission. The
City is currently drawing 1 million gallons per day. Mr. Koellermeier added Tigard
had prepurchased this water and wanted to ensure it will be used.
■ The requirements of the Portland Water Contract were discussed briefly.
• Commissioner Russell inquired about the condition of the pavement on Bull
Mountain Road near the new reservoir. Mr. Koellermeier said the final paving
would take place in mid-October once heavy equipment had left the site.
Commissioner Russell also asked about the light leading onto the reservoir site,
which is on throughout the day. Mr. Koellermeier said he would check on this.
6. Consider Making a Recommendation to the Tigard City Council Regarding
the Approval of the First Restated Intergovernmental Cooperative
Agreement Creating the Willamette River Water Coalition (WRWC)
Mr. Koellermeier provided background information and summarized his memo regarding
this item.
The original water right was for 170 million gallons per day and was owned by Wolf
Creek Water District, which became the Tualatin Valley Water District. With the
formation of the WRWC, the right was then transferred to the coalition. The Tualatin
Valley Water District has access to the water right through its membership on the
WRWC.
Mr. Koellermeier pointed out the "Tigard paragraph," which guarantees Tigard 20 million
gallons per day.
In response to Commissioner Sheiderich's email, Mr. Koellermeier said the concept had
been that the partners of the WRWC would jointly build facilities using the 170-million-
gallon-per-day water right. However, if individual partners, like Sherwood, move forward
without the other partners, water rights are acquired on a first come, first served basis.
These rights need to be allocated in order to secure financing. Such decisions are made
by mutual agreement of the WRWC members. Commissioner Buehner confirmed this
agreement allocates 20 million gallons of the total 170 million gallons to Sherwood.
The possibility of upsizing the Sherwood transmission line and the sale of a transmission
line (between Sherwood and Tualatin) and pumping station are still being investigated.
Commissioner Russell confirmed the agreement did not involve any capital investment.
Commissioner Russell indicated she could not vote on the agreement, since the Tigard
Water District (TWD) had not considered the matter. Commissioner Winn asserted the
IWB members needed to be able to make decisions without consulting the city or board
they represent. Commissioner Russell said she did not have legal authority to take
action without direction from the TWD.
To avoid this issue, Commissioner Russell suggested the TWD could move their
meeting to the first or second Monday of the month.
Intergovernmental Water Board Minutes September 10,2008
2
Commissioner Carroll proposed the TWD reschedule its meetings on the Monday
preceding the IWB meeting. Ms. Gaston said she would look into room availability for
TWD meetings. Commissioner Carroll said he wanted Commissioner Russell, as the
TWD's representative, to be able to vote on issues, rather than abstaining. Several
timing options were discussed, and Commissioner Carroll directed the IWB packet be
mailed on the Wednesday prior to the IWB meeting. This would give the TWD several
days to review the information before their meeting and to authorize Commissioner
Russell's vote. For last minute items, Commissioner Carroll requested these be sent out
via email.
The Board decided to consider the agreement rather than await action by the TWD.
Commissioner Winn motioned to approve the First Restated Intergovernmental
Cooperative Agreement Creating the Willamette River Water Coalition; Commissioner
Carroll seconded the motion.
Commissioner Carroll clarified three affirmative votes were needed to pass the motion,
and advised the TWD was responsible for reporting their action and reasoning to Ms.
Gaston who will forward this information to the Tigard City Council.
The motion was approved by a majority vote, with Commissioners Buehner, Carroll, and
Winn voting yes. Commissioner Russell abstained.
7. Introduction to Street Dedications, Easement and Remnant Property
Purchase Related to the Burnham Street Improvements
At its November 28, 2007 meeting, the IWB inquired whether the City of Tigard was
interested in purchasing a triangular parcel ("remnant parcel") on Burnham Street,
opposite the Public Works Building. Mr. Koellermeier summarized the City of Tigard's
offer to purchase the remnant parcel at its appraised value of $50 000. The property
p P pP p p Y
would be used by the City to consolidate access to two businesses. At the next meeting,
the IWB will be asked if it wishes to sell the remnant parcel to Tigard.
Mr. Koellermeier referred to a drawing in the IWB packet and said an easement and
dedication deeds for the herringbone and crosshatched areas would also be presented
at a future meeting.
Board members confirmed proceeds from the sale of real property would be credited to
the Water Capital Improvement Fund.
Mr. Koellermeier advised real estate transactions will need to go to member jurisdictions
for ratification. The process will be for the IWB to take action in October, with member
jurisdictions considering the transaction in November.
9. Discussion of IWB Attendance at the Oregon Water Law Conference
Mr. Koellermeier said Commissioner Winn had expressed interest in attending this
conference.
Commissioner Russell motioned the IWB pay for Commissioner Winn to attend the
Oregon Water Law Conference; Commissioner Buehner seconded the motion. The
motion was approved by a majority vote, with Commissioners Buehner, Carroll, and
Russell voting yes. Commissioner Winn abstained.
Intergovernmental Water Board Minutes September 10,2008
3
10. Informational Items
The Board briefly discussed a memo from Mr. Koellermeier regarding responsibility for
pressure regulators. The memo is on file in the IWB record.
Mr. Koellermeier made mention of a July 18, 2008 memo from Attorney Ramis
regarding signing authority on the Tigard/Lake Oswego water partnership agreement.
This memo is on file in the IWB record.
11. Non-Agenda Items
Commissioner Winn introduced David Newham who will serve as King City's alternate
to the IWB.
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
This item was continued from the Board's July 9, 2008, meeting. Commissioner Carroll
proposed the Board could begin by reviewing the lists of changes/recommendations
submitted by the Tigard Water District and Commissioner Sheiderich.
Tigard's changes still need some minor work. Commissioner Carroll requested these
changes be distributed to the other members when completed.
Commissioner Buehner suggested postponing this item to the Board's next meeting
which could be extended to 7:30 p.m. or later.
Commissioner Carroll advised Durham had not prepared a list of changes because its
concerns were addressed on the lists prepared by other members.
Commissioner Winn inquired if the process would be for the Board to go through the
agreement paragraph by paragraph. Commissioner Russell cautioned this could be quite
time-consuming. Commissioner Carroll said it was unlikely the Board would be able to
review the entire agreement at one meeting. He proposed using Durham's agreement as
a template and asked the other Board members to compare their agreement to
Durham's agreement.
Commissioner Russell inquired whether Attorney Balfour might be hired to draft the new
agreement. Commissioners Carroll and Buehner concurred this was a good suggestion,
once the Board had established the major points of the agreement.
12. Future Agenda Items
• Street dedications, easement and remnant property purchase related to the
Burnham Street Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard Water
Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
■ Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for
leak, water meters, and non-payment of water bills.
- The billing insert policy.
Intergovernmental Water Board Minutes September 10,2008
4
13. Next Meeting:
■ October 8, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
14. Adjournment
At 6:38 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner
Buehner seconded the motion. The meeting was adjourned by unanimous vote of the
members present, with Commissioners Buehner, Carroll, Russell and Winn voting yes.
_kt'�c LZ
IWB Chair Greer A. Gaston, IWB Recorder
Date: dGz�bt� ^ . vl�d8
Intergovernmental Water Board Minutes September 10,2008
5
Agenda) Item No.:
IWB Meeting Date: q-10-08—
Intergovernmental
-/O-D$_Intergovernmental Water Board (IWB)
Meeting Minutes
May 14, 2008
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
Julie Russell Representing the Tigard Water District (Arrived 6:06 p.m.)
Bill Scheiderich Member At-Large (Arrived 5:34 p.m.)
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Public Works Director Dennis Koellermeier
Water Quality & Supply Supervisor John Goodrich
IWB Recorder Greer Gaston
(Vote: Agenda items are recorded in the minutes in the order they were
considered. This order varies from the agenda, thus the discrepancy in
numbering.
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:31 p.m.
2. Approval of Minutes — March 20 and April 8, 2008
Commissioner Buehner motioned to approve the March 20, 2008 minutes;
Commissioner Winn seconded the motion. The minutes were approved by unanimous
vote of the Commissioners present, with Commissioners Buehner, Carroll, and Winn
voting yes.
Commissioner Buehner motioned to approve the April 8, 2008 minutes; Commissioner
Winn seconded the motion. The minutes were approved by unanimous vote, with
Commissioners Buehner, Carroll, and Winn voting yes.
3. Public Comments: None
7. Water Supply Update
Mr. Goodrich reported:
■ There are 262 million gallons of water in aquifer storage and recovery wells. With
the forecast for warmer weather, this source is ready to be brought online.
■ Current demand is 5 million gallons per day.
• Abandonment of Titan Lane well should be finished by the end of week.
■ Work will begin on the Tigard High School well abandonment on June 17.
Intergovernmental Water Board Minutes May 14,2008
1
■ Paving is taking place on Bull Mountain Road in conjunction with the new
reservoir and transmission line.
• Mr. Koellermeier offered the Commissioners a tour of the new reservoir.
Commissioners Carroll, Buehner and Winn expressed interest. Mr. Koellermeier
proposed the tour could be conducted following an IWB meeting.
5. Discussion of Additional Tenancy in Common Agreements for Properties
within the Tigard Water Service Area
Mr. Koellermeier provided background on this item. The Board had discussed this topic
previously at its September 12, October 10, and November 28, 2007 meetings. Mr.
Koellermeier suggested all the properties on the "Potential Properties for Tenancy in
Common Agreements" list should be owned as an undivided interest among all the
member jurisdictions (Durham, King City, Tigard, and the Tigard Water District).
Commissioner Carroll asked Commissioners Scheiderich and Buehner to provide their
legal opinions on changing the ownership to tenants in common agreements.
Mr. Koellermeier said all the properties, even those outside Tigard City limits, were
dedicated to the use of the water supply system. The 150`' Avenue well site was an
aquifer storage and recovery test site and is now vacant. The property's importance to
the water system will be evaluated during the next master planning process.
Commissioner Carroll said if this property was transferred to a tenancy in common
arrangement and subsequently not needed for the water system, it could be sold and the
proceeds could be placed into the capital improvement fund.
Mr. Koellermeier advised individual tenancy in common agreements will likely be needed
for each property.
Commissioner Buehner motioned that the IWB direct staff to prepare separate
cotenancy agreements and deeds for each of the properties listed with the memo dated
May 6, 2008; Commissioner Winn seconded the motion. The motion was approved by
unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll,
Scheiderich, and Winn voting yes.
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
Commissioner Carroll referred to notebooks provided to the Commissioners which
contained all of the member jurisdictions' IGAs and subsequent amendments.
Commissioner Carroll suggested each Board member review the agreements and
specifically asked Commissioner Scheiderich to review and identify potential discussion
points related to the agreements. The Commissioners discussed:
• Reviewing existing agreements to identify discrepancies and ambiguities.
• Streamlining any future agreement(s).
• Rewording any future agreement(s) using clear, understandable terms.
■ An addendum addressing the proposed water partnership agreement with Lake
Oswego, acknowledging the City of Tigard as the signing entity.
■ Extending the agreement beyond its current expiration date.
• Not expanding the service area unless the member jurisdictions agree to do so.
• Combining the three existing, separate IGAs into a single IGA, signed by all
member jurisdictions.
Intergovernmental Water Board Minutes May 14,2008
2
Commissioner Carroll asked the Commissioners to review the existing agreements and
bring back recommendations regarding possible revisions, points of concern and
interest, etc. with the intent being to create one new agreement for all member
jurisdictions.
The Board discussed the fact that it would have to decide whether to supply water to
areas 63 and 64 and how development might be funded. Existing member jurisdictions
do not want to pay for new development.
Note: Commissioner Russell arrived at the meeting at 6:06 p.m.
Mr. Koellermeier added City of Beaverton staff has said they are not interested in
providing water to areas 63 and 64. Areas 63 and 64 are within the City of Tigard's
master planning area, but outside the boundaries of the existing service district.
Note: Commissioner Scheiderich left the meeting at 6:11 p.m.
4. Review of the Lake Oswego/Tigard Intergovernmental Agreement (IGA)
Regarding Water System Facilities, Design, Construction, and Operation
Mr. Koellermeier summarized the major points of the 51-page draft IGA.
■ The IGA is a two party agreement.
■ Tigard and Lake Oswego agree to jointly fund and develop Lake Oswego's water
rights.
■ Some parts of the project will be built to accommodate the full 38 million gallons
per day (mgd), while other parts will be built to 32 mgd and expanded later if
additional supply is needed.
• Most of Tigard's costs are included in the first phase.
■ Phase 2 would expand the treatment plant from 32 to 38 mgd and construct a
reservoir.
• Lake Oswego is the managing partner through the construction period. They will
handle permits, banking, etc.
■ Water rights proposed to stay in Lake Oswego's name, but are pledged to the
partnership.
■ Management structure includes technical and oversight committees.
• Tigard's buy-in costs for existing capacity are estimated at $2.7 million. After buy-
in, Tigard will be a co-owner of facilities. Tenancy in common deeds will be
created for facilities and real property that have title.
• Percentage of ownership will be based on capacity.
■ Lake Oswego will supply Tigard with a billing schedule, and Tigard will reimburse
Lake Oswego.
■ Voting issues are described on page 25.
• Curtailment would be shared proportionately.
■ The agreement addresses withdrawal from the partnership, selling assets,
admission of new partners.
■ There is a dispute resolution clause.
■ A performance clause will likely be added to the agreement as an incentive.
Commissioner Winn noted the "Right to Lease" section on page 34 was confusing. He
suggested the section needed refinement.
Intergovernmental Water Board Minutes May 14,2008
3
Mr. Koellermeier said the IWB will be asked to make a recommendation on the
agreement at their next meeting. If the IWB supports the agreement, then each member
jurisdiction will be asked to consider a resolution of support.
Commissioner Russell inquired about a financing plan. Mr. Koellermeier said upcoming
versions of the agreement will have exhibits detailing Tigard's anticipated costs and
proportionate share of the project. An official financing plan will be created once the
agreement is executed, and the project will be funded by revenue bonds backed by a
series of rate adjustments.
Commissioner Buehner added the City of Tigard Budget Committee supported seven
percent water rate increases over the next four years as recommended by the IWB.
Mr. Koellermeier said the City of Tigard would be responsible for the bonds.
8. Informational Items: None
9. Non-Agenda Items: None
10. Future Agenda Items
■ Make a formal recommendation on the Lake Oswego/Tigard intergovernmental
agreement.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
■ Policy regarding extension of water services outside existing Tigard Water
Service Area boundaries.
■ Review:
- Proposed revisions to the credit for leak policy.
- Proposed revisions to the Billing and Collection of Utility Charges section of the
Tigard Municipal Code.
- The billing insert policy.
Future agenda items were not discussed.
11. Next Meeting
■ June 11, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
12.Adjournment
At 6:38 p.m. Commissioner Winn 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, Russell, and Winn voting
yes.
IWB Chair Greer A. Gaston, IWB Recorder
Date:
Intergovernmental Water Board Minutes May 14,2008
4
Agenda lteni No.:
[Wn Nleeting Date:
Intergovernmental Water Board (IWB)
Meeting Minutes
July 9, 2008
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
Julie Russell Representing the Tigard Water District (Arrived 5:35 p.m.)
Bill Scheiderich Member At-Large (Arrived 6:15 p.m.)
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Public Works Director Dennis Koellermeier
Water Quality & Supply Supervisor John Goodrich
IWB Recorder Greer Gaston
Note: Agenda items are recorded in the minutes in the order they were
considered. This order varies from the agenda, thus the discrepancy in
numbering.
1. Call to Order, Roll Call and Introductions
Commissioner Carroll called the meeting to order at 5:33 p.m.
2. Approval of Minutes —June 11, 2008
Commissioner Buehner motioned to approve the June 11, 2008 minutes; Commissioner
Winn seconded the motion. The minutes were approved by unanimous vote of the
Commissioners present, with Commissioners Buehner, Carroll, and Winn voting yes.
3. Public Comments: None
8. Non-agenda Items
Commissioner Buehner presented two non-agenda items.
She distributed correspondence between Tigard City Manager Craig Prosser, Tigard
Water District (TWD) Chair Ken Henschel, and herself regarding consideration of the
Tigard/Lake Oswego water partnership intergovernmental agreement (IGA). The
correspondence is on file in the IWB record.
Note: Commissioner Russell arrived at 5:35 p.m.
Intergovernmental Water Board Minutes July 9,2008
1
Commissioner Buehner expressed concern that Mr. Henschel said he did not
understand how the process of considering the IGA worked. She suggested he should
be aware of the procedure since he had participated in previous meetings where the
same process had been followed.
Commissioner Buehner mentioned Mr. Prosser attended the TWD's Monday night
meeting, waited quite some time while the TWD was in executive session, and ultimately
went home. Commissioner Buehner said she had informed Mr. Henschel that Mr.
Prosser would be in attendance. Commissioner Russell replied the TWD was not aware
of Mr. Prosser's presence until the TWD came out of executive session.
Commissioner Buehner's second non-agenda item related to a legal opinion prepared by
the City of Tigard's attorney. Commissioner Buehner summarized the opinion. With
regard to which member jurisdiction(s) should sign the water partnership
intergovernmental agreement, the attorney advised the City of Tigard is the appropriate
entity to execute the agreement since the agreement involves real property outside the
original district. She continued by saying ownership interest needed to be tied to the
bondable entity; no credible bonding agency would issue bonds where there's ownership
by a jurisdiction that is not able to be bonded.
The Board briefly discussed whether the TWD and the Cities of Durham and King City
could be bonded. Commissioner Russell said the TWD has bonding authority.
Commissioner Buehner questioned this statement and suggested bond counsel should
be consulted.
4. Public Hearing - Consider a Resolution Recommending the City of Tigard
Approve the Water Partnership Intergovernmental Agreement (IGA) Regarding
Water Supply Facilities, Design, Construction, and Operation, Between the City of
Tigard and the City of Lake Oswego
a. Open Public Hearing
Commissioner Carroll opened the public hearing.
b. Summation by Public Works Department
Mr. Koellermeier said the City of Tigard staff recommendation was for the IWB to
execute Resolution 08-01 and for the IWB member jurisdictions to execute their
respective resolutions in support of the water partnership IGA. Mr. Koellermeier
summarized documents related to the agreement.
The Board discussed:
• Providing the rate comparison data to member jurisdictions.
• How the existing Portland water contract will work in conjunction with
bringing the Tigard/Lake Oswego water source online.
■ How the bonding process might work. Bonds will likely be issued as the
money is needed. The City of Tigard will seek the advice of bond counsel
to determine the best financing strategy.
• All components in the water system will be built to accommodate 32
million gallons of water per day (mgd) and critical components will be built
to 38 mgd.
■ Current water rate increases of seven percent annually may be sufficient
to cover the cost/bonds for the next two years. There will be a rate
package associated with the bonds.
■ The fact that Tigard would still be purchasing water from Portland while
also financing the water partnership project. Once the water partnership
projects are completed and Tigard's water source switches to Lake
Intergovernmental Water Board Minutes July 9,2008
2
Oswego, Tigard will be begin paying operation and maintenance costs.
However, the City will no longer need to purchase water from Portland.
Operation and maintenance costs are expected to be less than the cost of
purchasing water from Portland.
• A water conservation management plan related to Lake Oswego's water
rights and conservation pricing will be required by the state.
Note: Commissioner Scheiderich arrived at 6:15 p.m,
■ The sale of surplus water in Article 11. The water partnership provides for
the right to sell surplus water. Each partner has the right of first refusal to
purchase surplus water from the other. The partnership can also sell
excess water to other entities. The details of an outside a sale were
discussed.
■ The methodology used in Exhibit 7, Allocation of System Improvement
Costs to Parties.
c. Public Testimony
Phil Decker, 14540 SW 148'h Place in unincorporated Bull Mountain, said he
attended the Tigard Water District (TWD) meeting on Monday night. He reported
the TWD discussed ways to "bust, or interfere with, or get some, some leverage"
regarding its role in the water partnership. Aside from a few minor details, the
TWD's attorney referred to the agreement as well-written and comprehensive.
The attorney advised against attempts to derail the agreement.
Commissioner Russell countered the TWD had not sought to derail the
agreement. She said the TWD had called a special meeting because she was
not comfortable, nor did she think state law allowed her to act without a vote of
the TWD. She confirmed the TWD's attorney said the agreement was well-written
and very comprehensive. Commissioner Russell distributed a list, dated July 9,
2008, of issues and concerns regarding the agreement on behalf of the TWD.
This list is on file in the IWB record. She said the TWD had authorized her to
move forward with the agreement.
e. Close Public Hearing
Commissioner Carroll closed the public hearing.
d. IWB Discussion
Commissioner Russell inquired about member jurisdiction liability and if member
jurisdictions were indemnified. Commissioner Scheiderich responded the
provider assumes responsibility.
Commissioner Russell inquired whether the Tigard City Council would hold
hearings on the rate structure. Commissioner Buehner said opportunities for
public comment on the rate structure would occur at the IWB and at the City of
Tigard's Budget Committee meeting. Mr. Koellermeier said IWB meetings would
be the appropriate place to hear public comment on this topic.
Commissioner Russell inquired about section 15.1 of the agreement allowing for
the agreement to be reviewed three years after initial expansion and for the
creation of an intergovernmental "Supply Agency." Commissioner Buehner
replied it was simpler to operate under an IGA as opposed to forming an agency.
However, at some point it may make sense to create an agency and this section
of the agreement leaves the option open. Mr. Koellermeier added operating
Intergovernmental Water Board Minutes July 9,2008
3
under an agency now might be awkward since Lake Oswego is using the existing
system.
Commissioner Buehner said it was a fair agreement which solidifies what was
discussed at the joint meeting with Lake Oswego.
f. IWB Consideration: Resolution No. 08-01
Commissioner Carroll read the title of Resolution 08-01, A RESOLUTION
RECOMMENDING THE CITY OF TIGARD APPROVE THE WATER
PARTNERSHIP INTERGOVERNMENTAL AGREEMENT REGARDING WATER
SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION,
BETWEEN THE CITY OF TIGARD AND THE CITY OF LAKE OSWEGO.
Commissioner Winn motioned to approve the resolution; Commissioner
Scheiderich seconded the motion. The resolution was approved by unanimous
vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn
voting yes.
Commissioner Russell asked if future agenda items could be scheduled to allow
time for the item to go before the TWD prior to IWB consideration. She said the
TWD had already passed the sample water partnership resolution provided to
member jurisdictions.
6. Water Supply Update
Mr. Goodrich reported:
■ 231 million gallons of water are stored in aquifer storage and recovery wells, or
107 days of water at the 15,000 gallons per minute (gpm) rate.
• Tigard is taking about 1250 gpm from the City's groundwater supply.
■ Current demand is between 9 to 10 million gallons per day, normal for this time of
year.
■ The observation well at Tigard High School has been capped, with only a few
punch list items remaining.
■ The well on Titan Lane has been properly abandoned.
Commissioner Carroll requested the Water Supply Update item be placed earlier on the
agenda at future meetings. This way Mr. Goodrich would not have to wait to the end of
the meeting to give his report. This agenda item will follow the Public Comments item on
future agendas.
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 and the City of Tigard - Continued
Commissioner Russell said the Tigard Water District's (TWD's) attorney had proposed
some possible IGA revisions.
Commissioner Buehner said she would like to discuss how the agreement's expiration
date might be addressed. Commissioner Carroll proposed various options, and
Commissioner Russell suggested making the expiration date similar to language in the
Tigard-Lake Oswego water partnership intergovernmental agreement. Mr. Koellermeier
said that agreement was perpetual, unless either party decided to withdraw. The
Commissioners expressed support for a perpetual agreement. As an alternate
perspective, Mr. Koellermeier asked if the member jurisdictions would want to commit to
a perpetual agreement given Tigard's self-imposed restriction of not going to the
Intergovernmental Water Board Minutes July 9,2008
4
Willamette River without voter approval. Commissioner Carroll said he was not
concerned about this restriction and noted there was a procedure in place to get out of
the IGA if a member jurisdiction chose to do so.
Mr. Koellermeier suggested those Commissioners who had not submitted written
comments should do so. The comments would be organized and complied for further
review.
Commissioner Russell said the role of the IWB needs to be more clearly defined. She
questioned whether the IWB was a legal entity.
Commissioner Carroll advocated for the creation of a single IGA between the City of
Tigard and the member jurisdictions (TWD, Durham, and King City). The Commissioners
expressed support for this idea.
Commissioner Russell pointed out that the existing IGAs differ in terms of extending
service outside current boundaries.
Commissioner Carroll summarized the following issues to be resolved:
■ Term of the agreement
■ Points of ownership
■ Assets
■ Operate as independent water source so all benefits return to the rate payers
■ Disposition of property
Commissioner Russell distributed the Tigard Water District's Review and Initial
Comments for Amendment of the Tigard-IWB Member IGA dated July 9, 2008. This
document is on file in the IWB record.
7. Informational Items
■ Regarding the Tigard Water District/City of Tigard lawsuit, Mr. Koellermeier
reported the judge ruled in favor of the City. There is a 30-day appeal period.
• With post tensioning completed, steps to finalize the new reservoir include:
- Covering the reservoir with gunite and an asphalt sealer.
- Chlorinating and testing.
- Backfilling and grading.
- Planting the area surrounding and atop the reservoir.
9. Future Agenda Items
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
Mr. Koellermeier reported Washington County has not scheduled this yet.
■ Consider making a recommendation on the First Restated Intergovernmental
Cooperative Agreement Creating the Willamette River Water Coalition.
Mr. Koellermeier reported revisions to this agreement are basically
housekeeping issues resulting from the departure of two partners from the
group.
■ Policy regarding extension of water services outside existing Tigard Water
Service Area boundaries.
■ Review:
- Proposed revisions to the credit for leak policy.
Mr. Koellermeier said this item was pending.
Intergovernmental Water Board Minutes July 9,2008
5
I
- Proposed revisions to the Billing and Collection of Utility Charges section of
the Tigard Municipal Code.
- The billing insert policy.
• Commissioner Buehner inquired about the tenancy in common agreements. Mr.
Koellermeier said legal descriptions were being prepared.
10. Next Meeting
■ August 13, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard
11. Adjournment
At 7:14 p.m. Commissioner Buehner motioned to adjourn the meeting; Commissioner
Scheiderich seconded the motion. The meeting was adjourned by unanimous vote, with
Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes.
IWB Chair Greer A. Gaston, IWB Recorder
Date:
Intergovernmental Water Board Minutes July 9,2008
6
Greer Gaston
From: Bill Scheiderich [bscheiderich@ci.beaverton.or.us]
Sent: Monday, September 08, 2008 11:41 AM
To: Greer Gaston; Patrick Carroll
Subject: IWB Sept 10
Hi all, I've had a work conflict come up for the 10t1 at 6pm in Beaverton so I can't attend this
meeting. Please pass along these notes on three of the agenda items:
Willamette Coalition: I'm okay with the changes but would like to know (I can read it in the
minutes next time) whether each of the parties gets to take a share of the 130mgd water
right when needed or how it is that Sherwood simply claimed the 20mgd that it needs. Is it
first come first served?
Water law seminar: I'm okay with sending Dick Winn tho I think an AWWA meeting would be
much more productive use of his time than this seminar, which is very much directed to
lawyers.
Sale of right of way: I vote in favor provided that the frontage to be sold on the northerly
side of the street, near the PW building, doesn't reduce the setback to such an extent that
the building becomes non-conforming as to the required setback(s).
PUBLIC RECORDS LAW DISCLOSURE
i disclosure unless exempt from disclosure
This e-mail is a public record of the City of Beaverton and is subject to public p
under Oregon Public Records Law. This email is subject to the State Retention Schedule.
Submitted at the IWB Meeting
By: oc3i// SClLL/G�Cht !'
Date: '/-/G, G g Agenda Item No.: 7
i
Agenda Item No.: �v
IWB M. eeting Date: _q—10 "6P5
■
" City of Tigard
Memorandum
To: Intergovernmental Water Board (IWB) Commissioners
From: Public Works Director Dennis Koellermeier
Re: First Restated Intergovernmental Cooperative Agreement Creating the
Willamette River Water Coalition (WRWC)
Date: August 26, 2008
The City of Tigard is a member of the WRWC. The coalition was formed in 1997 to preserve access
to the Willamette River as a potential municipal and industrial water source. The WRWC operates
under the 2003 Intergovernmental Cooperative Agreement Creating the Willamette River Water
Coalition. Over the past five years, the regional water situation has changed and the agreement has
become outdated, necessitating several housekeeping-type revisions. City of Tigard staff worked on
these revisions which appear in the attached "First Restated" version of the agreement.
The key revisions to the agreement are summarized as follows:
■ The number of WRWC members is changed from six to four. This reflects the fact that the
City of Gladstone and the Canby Utility Board have voluntarily left the WRWC. The restated
agreement is between the remaining four partners: Tigard, Tualatin, Sherwood, and the
Tualatin Valley Water District.
■ The number of members constituting a quorum is changed from four to a majority. This
change only applies to the transaction of business. Financial and new membership decisions
have separate approval requirements.
■ The entity which holds the Willamette River permitted surface water rights is changed from
the Tualatin Valley Water District to the WRWC.
■ The new agreement confirms the WRWC will allocate 40 cubic feet per second (cfs) of its
existing water right to Tigard, when Tigard abandons its 1995 Willamette River application
for 40 cfs.
■ The new agreement acknowledges Sherwood's water rights and that Sherwood plans to
obtain up to 20 million gallons of water per day (mgd) from the Willamette River through
the Willamette River Water Treatment Plant. Sherwood will soon be constructing
transmission pipelines to deliver this water to its service territory.
■ A process was added to describe how a member might be brought into an existing project
after that member initially elected not to participate.
Because the revisions do not represent major changes to the original agreement and are in the
best interest of Tigard water customers, I propose the IWB make a formal motion to
recommend the Tigard City Council approve the first restated agreement.
FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT
CREATING THE WILLAMETTE RIVER WATER COALITION
THIS FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT is
entered into by and between the following Members: Tualatin Valley Water District, a Domestic
Water Supply District formed under Chapter 264 ("TV WD"), the City of Sherwood, a municipal
corporation ("SHERWOOD"), the City of Tigard, a municipal corporation ("TIGARD") and the
City of Tualatin, a municipal corporation("TUALATIN").
RECITALS:
A. WHEREAS, the Members hereto have the authority to enter into this Agreement
pursuant to their respective principal acts, charters, and ORS 190.003 et sea.; and
B. WHEREAS, some Members may desire to develop and use the Willamette River
prior to broader application of that water throughout the metropolitan region and that the Members
hereto presently or in the near future will have water supply needs that could be met by the
Willamette River and it may be the most economic, efficient, and available source; and
C. WHEREAS, these Members created the Willamette River Water Coalition
("WRWC") under ORS Chapter 190 to study their local water demands and jointly evaluate water
quality and the use of existing permitted rights and future rights and areas of usage; and being fully
advised,
NOW, THEREFORE,the Members hereto agree as follows:
SECTION 1. WILLAMETTE RIVER WATER COALITION
1.1 WRWC. There is hereby continued the Willamette River Water Coalition
("WRWC"). The Members of WRWC shall number four (4). The governing body of each
Member shall appoint one (1) Board Representative. Each Board Representative shall have one
vote. Board Representatives of WRWC shall serve at the pleasure of their respective appointing
bodies. The addition of new Members shall require the consent of a two-thirds majority of existing
Members.
1.2 General Powers and Duties. WRWC shall have the following powers:
1.2.1 To adopt such bylaws, rules, regulations, and policies as it deems necessary
in furtherance of the purposes of this Agreement;
1.2.2 To study the best method to develop water sources on the Willamette River.
Scope of work for specific tasks or projects/project governance and
monetary responsibilities shall be negotiated on a case by case basis which
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may be by addendum to this Agreement;
1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the
Members or by Section 190.003 through 190.250 of the Oregon Revised
Statutes, all powers pursuant to applicable charter, ordinance, or state or
federal law which are necessary to efficiently and effectively develop water
sources.;
1.2.4 To receive and hold existing water rights and to develop water rights on the
Willamette River, and all actions necessary to preserve and protect them, to
take all action necessary to design, permit, construct and operate, maintain
and replace water intakes, treatment, storage, transmission and distribution
facilities, equipment,and rolling stock as agreed("the System");
1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of
indebtedness, including the power to issue revenue bonds under ORS
288.805 to 288.945;
1.2.6 To sell water, adopt system development charges and engage in rate making
pursuant to state and federal law as authorized by the Members;
1.2.7 To purchase, own, hold, appropriate, and condemn land, facilities, rights of
way either in its own name or in the name of the individual Members hereto
to develop Willamette River rights.
1.2.8 To provide support to other entities involved in efforts to improve the health
of the Willamette watershed.
1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or
withdrawal,the duration of this Agreement shall be perpetual.
1.4 Meetings; Manner of Acting. Meetings of WRWC shall be conducted in
accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section
192.610 et seg. The majority of the Board Representatives shall constitute a quorum for the
transaction of business and if only a quorum is present, a majority of those present shall be
necessary to decide any issue except financial matters or new membership. Any decision of
WRWC seeking financing or other financial obligation, or other forms of indebtedness, shall
require an affirmative vote of the governing body of each Member that will financially participate
in any project. A WRWC Board Representative may bind his/her entity without governing body
approval if the amount in question is within his/her delegated contracting authority.
1.5 Officers. Annually, at the beginning of each fiscal year, the Board Representatives
shall elect a Chair and Vice-Chair who shall be officers of WRWC who shall serve a term of one
(1)year. The WRWC Board shall also appoint a Secretary who need not be a Board Representative
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of WRWC who shall be responsible for WRWC's records and shall keep a record of all WRWC
proceedings. Officers shall serve at the pleasure of WRWC or until their successors shall be
appointed and take office.
1.6 Budgeting, Accounting, Audits. WRWC shall annually prepare a work plan and an
estimate for the next fiscal year and distribute it to the Members by February 1 of each year. This
work plan shall be referred to as general administrative. It is anticipated that each Member shall
budget its own staff and funds for costs or provision of in-kind services as necessary.
Each Member's apportioned share of the general administration expenses shall be
determined by the following formula: one half of the total administrative costs for the fiscal year
shall be divided evenly among the WRWC membership, the second half of the total administrative
costs for the fiscal year will be divided among the WRWC membership according to their
percentage share of the total number of water meters served by the Members of the WRWC as of
December 31 of the preceding fiscal year. WRWC shall maintain financial reports showing its
expenditures and receipts by category item for each transaction through the last working day of the
preceding calendar month. If necessary, WRWC shall cause an independent audit to be performed
and completed by a certified public accountant in accordance with ORS 297.405 et seg., within six
(6)months following the end of each fiscal year.
For subsequent projects, for improvements and facilities, each Member's apportioned share
of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of
work to be performed, participants and ownership, and the amounts so estimated shall be budgeted
and appropriated by the participants in accordance with local budget law.
SECTION 2. SURFACE WATER RIGHTS &FACILITIES.
2.1 Delegation of Powers. The functions of source management and water treatment
may be performed by WRWC, pursuant to subsequent agreements authorized by the Members.
Transmission and storage shall be performed by the Members using those facilities. It is the
primary intent and purpose of this Agreement to allow the individual Members to develop
information, participate in the study and negotiate relevant agreements regarding implementation of
recommendations to design, construct, finance, own and operate facilities within their respective
boundaries. WRWC may contract with any Member or other person or entity regarding
performance of services. WRWC and each individual Member shall define the scope of individual
Member contributions or individual efforts.
2.2 Water Right. The permitted surface water right to the Willamette River is held by
WRWC (130 mgd) as WRD Permit No. 49240, (hereafter "Existing Right"). WRWC shall
exclusively own and manage the resources subject to this Agreement.
2.3 Allocation of Water and Diversion Point. WRWC and its Members shall each have
a duty of good faith and fair dealing with each other and commitment to reasonably allocate the
Willamette River water and manage the System according to an individual Member's needs,
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considering that Member's:
2.3.1 Capital contribution determined as land is acquired, facilities are constructed
or cash is contributed;
2.3.2 Demand forecast for a rolling 20-year time period;
2.3.3 Other factors as agreed by separate addenda or written agreements.
2.4 Administration of Water Rights. WRWC shall have the full authority to modify,
combine or abandon rights and permits and seek new sources through new permits or contracting
for stored water for municipal and industrial needs as the Members approve.
SECTION 3. CAPITAL CONTRIBUTIONS.
3.1 Assets. Without limitation, the Existing Right shall be employed in the System.
Future agreements or addenda will identify other assets and how they are to be accounted for under
this Agreement.
3.2 Effect of Membership. Each Member's annual contribution towards General
Administration shall entitle it to Member status and each Member shall own an undivided interest
in the System as reflected, which shall be adjusted by capital contributions over time as set forth in
addenda or by separate written agreement. If membership status is maintained, then each Member
will have the right to equity participation in the construction of new or expanded facilities as they
are proposed, have an option to purchase an interest in new or expanded facilities at future times,
and/or to be a wholesale customer.
SECTION 4. OPERATION AND MAINTENANCE.
4.1 Generally. At such time that facilities are constructed, unless otherwise agreed in
writing by the Members financially participating in the facility, the System shall be operated and
maintained by WRWC. WRWC may contract with Members or others to provide daily
management of all or a portion of the System. Operation and maintenance will be determined at
that time by the Members who are equity participants through subsequent agreement or addendum.
SECTION 5. CONSTRUCTION OF FACILITIES.
5.1 Proposal to Construct. If any Member should desire to construct, expand or modify
the System as now or hereafter configured, including the siting of a plant at one of the designated
diversion points of 2.3 or at another location on the Willamette River, it shall notify WRWC and
the other Members in writing of the proposed construction, expansion or modification needs
("Project"). WRWC shall have 90 days in which to determine whether to participate in the
proposed Project. The notification shall include cost estimates and a reasonably detailed
description of the proposed Project. The Members,within 90 days, shall notify the WRWC of their
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acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is
not received within 90 days, the proposed Project shall be deemed rejected by the Members failing
to respond.
Once the participation in a Project is fixed, then a nonparticipating Member shall have no
further opportunity to participate unless the Participating Member(s) consent and upon such terms
as they determine in their sole discretion. If there is a material change in the nature or scope of the
Project,the Participating Member(s) shall notify the other nonparticipating Members specifying the
changes. Within 30 days of notice, the nonparticipating Members may give notice of intent to
participate or they may decline. They may also object if the changes to the original Project impair
the ability of the System to serve the other Members or significantly increase the cost of usage as
described in Section 5.2. Objections shall be referred to dispute resolution.
5.2 Individual Rights. Facilities constructed shall be in the name of WRWC but
decision making shall be by the participating Members as set forth in a project agreement. If
WRWC elects not to construct, expand or modify as proposed by an individual Member or
Members, then by separate written agreement or addenda any Member or Members may proceed
with the proposed Project if the Members of WRWC likely to be served by that diversion point or
facility approve the technical aspects of the proposal to ensure the Project will not be inconsistent
with future compatibility with individual Members' systems. If the proposal is found inconsistent
or incompatible, the Member(s) may use its own water rights held outside this agreement. Under
all circumstances, no such Project shall impair the ability of the System to serve the other Members
or significantly increase the cost of usage to the other Members unless the Member(s) undertaking
the project agrees to pay the increased unit costs to WRWC or the Members which have declined to
participate in the expansion. If the Members likely to be served by the diversion point or facility do
not approve use of the Existing Right,then the individual Member may use other water outside this
agreement or use the termination provision of Section 7. The Members agree that absent
termination, only WRWC may apply for water rights to the Willamette River.
The Members recognize that SHERWOOD has acquired a five (5mgd) interest in the
Willamette River Water Treatment Plant and has a current project to construct transmission
facilities to deliver 20 mgd to its service territory. This current Project requires no further process
or approval under this Agreement, notwithstanding Section 5.1 and this section.
5.3 TIGARD. In consideration of and upon the abandonment of TIGARD's 1995
permit application to appropriate 40 cfs, the Members of WRWC hereby allocate 40 cfs of the
Existing Right to TIGARD.
5.4 SHERWOOD. Five (5) mgd (7.75 cfs) of the Existing Right has been allocated for
use by SHERWOOD based upon its current capacity ownership in the Willamette River Water
Treatment Plant. SHERWOOD plans to obtain up to 20 mgd from the Willamette River through
the Willamette River Water Treatment Plant based upon its demand forecast and is building
transmission capacity to deliver 20 mgd. The Members agree that SHERWOOD's allocation of the
Existing Right shall be increased to 31cfs to equal 20 mgd.
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5.5 Regulatory Matters. All Members served by a facility shall share proportionately in
the cost if expansion or modification is necessary to meet regulatory requirements, unless
subsequent agreement or addenda provides otherwise.
SECTION 6. SALE OF WATER TO OTHER ENTITIES.
6.1 WRWC. The Members agree that the Willamette River water rights now existing or
hereafter acquired are for regional application. The Members agree to work in good faith to
accommodate other users on an ownership, wholesale, mutual aid or emergency basis. Subject to
paragraph 6.2, WRWC or its Members shall have the power to sell water to other non-member
entities at prices determined from time to time by WRWC.
6.2 Proceeds of Sales. The proceeds attributable to the sale of water to a non-Member
entity shall be paid to WRWC. Any distribution of these proceeds shall be as the Members agree
after expenses and costs of debt service, construction,operation and maintenance are met.
6.3 Transmission Line Charges. Sales to any non-Member entity which may require
transmission through lines may be subject to a transmission line charge to be established by the
affected Member. Charges for use of transmission lines shall be collected by WRWC from the user
and paid to the Member who owns the transmission line.
6.4 Other Charges. Other charges may be established by WRWC as necessary and
agreed by the Members.
SECTION 7. TERMINATION.
7.1 Notice of Election. Any Member may elect to terminate this Agreement and
withdraw from WRWC by giving written notice of its desire to WRWC and other Members on or
before April 1. Notwithstanding the date of notice, withdrawal shall be effective on July 1
immediately following the notice. Upon the effective date of withdrawal, unless otherwise agreed
by the withdrawing Member and WRWC, that Member shall immediately cease membership in
WRWC. The withdrawing Member shall continue to pay its share of, or be responsible for, any
previously incurred joint debt, and shall hold harmless the remaining Members for those financial
responsibilities and obligations attributable to the withdrawing Member.
7.1.1 If WRWC, after receiving the notice of termination, desires to purchase the
terminating interest in the System, it shall notify the terminating Member in
writing of its desire to purchase the terminating Member's interest at lesser
of market value or depreciated book value. Such notice shall be given
within 60 days of receipt of the notice of termination.
7.1.2 If WRWC declines, then the one or more remaining Members may give
notice within 60 days after notice of WRWC's decline of that Member's
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intent to purchase as provided herein. Unless otherwise agreed in writing,
the purchase shall be purchased equally among the buying Members and
their capital accounts shall be adjusted accordingly.
7.1.3 The price to be paid, whether determined by mutual agreement or
arbitration, shall be paid to the terminating Member in full within 12 months
following the date of termination set forth in the notice of intent to
terminate. If the other Member fails to pay the purchase price within 12
months of the date of termination and if the Members are unable to agree
upon a mutually acceptable payment schedule, then the terminating Member
shall have the right to sell its portion of the facility to any other non-Member
entity approved by a majority of the governing boards or councils from the
remaining Members.
7.1.4 In the event that the WRWC or the remaining Members fail to purchase the
interest of the terminating Member within the 12-month period, or in the
event the WRWC or the remaining Member(s) decline to purchase its
interest, then the terminating Member's rights and duties shall be those
specified in this Agreement until a sale is made to some other entity or some
other mutually agreeable disposition is made and the original non-Member
shall remain responsible for all terms and conditions of this Agreement.
7.1.5 Notwithstanding anything to the contrary, because TVWD contributed the
Existing Right, no withdrawing Member shall be compensated for the value
of the Existing Right except TVWD. If TVWD decides to withdraw from
WRWC, it may:
a) leave the entire Existing Right with WRWC and WRWC shall
purchase the right as appraised along with the entities' other assets.
However, 40 cfs shall not be valued as part of this appraisal and
purchased because it is allocated to TIGARD in consideration of and
upon TIGARD'S relinquishment of its 1995 permit application, and
31 cfs (20mgd) of SHERWOOD's allocated ownership of capacity
at the Willamette River Water Treatment Plant shall not be valued as
part of this appraisal and purchased because it is allocated to
SHERWOOD to fulfill SHERWOOD's expectation that 20 mgd of
its demand will come from the Willamette River Source; or
b) leave the allocated portion of the Existing Right which will be
valued and purchased by WRWC and take the unused remainder
back to its sole ownership. However, 40 cfs shall not be valued as
part of this appraisal and shall be included in the portion left in
WRWC as it is allocated to TIGARD in consideration of and upon
TIGARD's relinquishment of the 1995 permit application and 31 cfs
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(20 mgd) Willamette River Water Treatment Plantshall not be
valued as part of this appraisal and purchased because it is allocated
to SHERWOOD to fulfill SHERWOOD's expectation that 20 mgd
of its demand will come from the Willamette River Source;
c) TVWD may leave the Existing Right to "WC without
compensation.
7.1.6 The Members agree that TIGARD shall have a firm right to 40 cfs of the
Existing Right in consideration of and upon its abandonment of its 1995
permit application.
7.1.7. The Members agree that SHERWOOD shall have a firm right to 31 cfs
(20mgd) of the Existing Right in consideration of SHERWOOD's
ownership in the Willamette River Water Treatment Plant, in its
construction and ownership of transmission capacity and in its demand
forecast that 20 mgd will be supplied from the Willamette River Source.
7.1.8 The Members agree to cooperate to execute all documents necessary to
make water right transfers and assignments.
7.2 Breach. Upon material breach of this Agreement, WRWC or an aggrieved Member
may seek all remedies available at law or in equity.
7.3 Dispute Resolution.
7.3.1 Method for resolving disputes. If a dispute arises between WRWC and a
Member or between Members (collectively "Parties") regarding breach of
this Agreement or interpretation of any term of this Agreement, the Parties
shall first attempt to resolve the dispute by negotiation, followed by
mediation, if negotiation fails to resolve the dispute.
Step One: (Negotiation)
The Manager or other persons designated by each of the disputing Parties will
negotiate on behalf of the entities they represent. The nature of the dispute shall be
reduced to writing and shall be presented to each Manager who shall then meet and
attempt to resolve the issue. If the dispute is resolved at this step, there shall be a
written determination of such resolution, signed by each Manager and ratified by the
WRWC which shall be binding upon the Parties.
Step Two: (Mediation)
If the dispute cannot be resolved within thirty(30) days at Step One,the Parties shall
submit the matter to non-binding mediation. The Parties shall attempt to agree on a
mediator. If they cannot agree, the Parties shall request a list of five (5) mediators
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from an entity or firm providing mediation services. The Parties will attempt to
mutually agree on a mediator from the list provided, but if they cannot agree, each
Party shall select one (1) name. The two selected shall select a third person. The
dispute shall be heard by a panel of three (3) mediators and any common costs of
mediation shall be borne equally by the Parties who shall each bear their own costs
and fees therefor. If the issue is resolved at this step,a written determination of such
resolution shall be signed by each Manager and approved by the WRWC.
7.4 Jurisdiction of Circuit Court. After exhaustion of the 7.3 processes, if the Parties
agree, any dispute or claim shall be settled by arbitration under the jurisdiction of the Circuit Court
of the State of Oregon for Washington County pursuant to ORS Chapter 36. In the absence of such
an agreement,that same court shall have jurisdiction.
SECTION 8. AMENDMENT.
This Agreement may be amended by mutual written agreement of the Members, signed by
all of the Members. Future tasks deemed necessary shall be agreed to by the Members through an
addendum to this Agreement setting forth the scope of work and method of payment.
SECTION 9. GENERAL PROVISIONS.
9.1 Merger Clause. This Agreement embodies the entire agreement and understanding
between the Members hereto and supersedes all prior agreements and understandings relating to the
subject matter hereof.
9.2 New Members and Assignment. WRWC may accept additional government entities
as Members under terms and financial conditions that WRWC deems just and equitable on a case-
by-case basis and only upon an affirmative vote of two thirds of the Members. Except for changes
of organization through entity formation, merger, consolidation or annexation, no Member shall
have the right to assign its interest in this Agreement (or any portion thereof) without the prior
written consent of a majority of WRWC.
9.3 Severability. In case any one or more of the provisions contained in this Agreement
should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability
of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
9.4 Notices. Any notice herein required or permitted to be given shall be given in
writing, shall be effective when actually received, and may be given by hand delivery or by United
States mail, first class postage prepaid,addressed to the Members as follows:
FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE
AGREEMENTI:\PW\GREERUWB\2008\091008\First Restated IGA WRWC.doc
Tualatin Valley Water District
Attn: General Manager
1850 SW 170t'
Beaverton, Oregon 97075
City of Tigard
Attn: City Manager
13125 SW Hall Blvd.
Tigard, Oregon 97223
City of Sherwood
Attn: City Manager
22560 SW Pine
Sherwood, Oregon 97140
City of Tualatin
Attn: City Manager
18880 SW Martinazzi Avenue
Tualatin, Oregon 97062
The Members hereto are responsible to notify each other of changes and to keep this list current.
9.5 Meetings. Regular meetings of WRWC shall be conducted at such times as"WC
may designate but shall be no less than quarterly. The Chairman, upon his own motion, may, or at
the request of two (2) Members of WRWC, shall by giving notice to Members of WRWC
(including notice by e-mail) call a previously unannounced special meeting of WRWC for a time
not earlier than twenty-four (24) hours after the notice is given, unless an emergency exists. In
cases of an emergency, notice reasonable under the circumstances shall be given. A majority of
Board Representatives of WRWC shall constitute a quorum. No action will be taken by WRWC
unless a majority of WRWC Board Representatives present vote to support the action proposed,
unless a greater number of votes is required.
9.6 Advisory Boards; Technical Committees. WRWC may appoint advisory boards and
technical committees. The advisory boards shall meet as needed and shall review and make
recommendations to WRWC on such matters as WRWC so assigns. A technical committee shall
meet not less than quarterly to develop methods of coordination and functioning between WRWC
and the Members.
9.7 Attorney Fees. If a dispute should arise between the WRWC and a Member or
between Members regarding any term or portion of this Agreement, the prevailing party shall be
entitled to such reasonable attorneys' fees as a trial court or arbitrator may award and on any appeal
therefrom.
9.8 Counterparts. This Agreement may be executed in any number of counterparts and
FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE
AGREEMENTI:\PWIGREER11WB1200810910081Pirst Restated IGA WRWC.doc
by the Members on separate counterparts, any one of which shall constitute an agreement between
and among the Members.
9.9 Joint and Several Obligations. For approved WRWC activities, the Members shall
be jointly and severally liable to third parties for payment of debts and costs incurred. No Members
of the WRWC shall be liable for damages, debts or claims caused solely by the negligent act or
omission by WRWC or other Members. The individual Member causing damage by its sole
negligence or wrongful act shall be individually liable.
9.10 Instruments of further Assurance. From time to time at the request of any of
WRWC, each Member shall, without further consideration execute and deliver such additional
instruments and shall take such further action as may be reasonably required to fully effectuate the
purposes of this Agreement.
IN WITNESS WHEREOF,the Members have executed this Intergovernmental Cooperative
Agreement by the date set forth opposite their names below.
TUALATIN VALLEY WATER DISTRICT
Date: , 2008 By:
By:
CITY OF TIGARD
Dated: , 2008 By:
By:
FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE
AGREEMENTI:IPWIGREERUWB120081091008Tirst Restated IGA WRWC.doc
Date: , 2008 CITY OF SHERWOOD
By:
By:
Date: ,2008 CITY OF TUALATIN
By:
By:
FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE
AGREEMENTi:1PMGREERUWB1200810910081First Restated IGA WRWC.doc
Agenda Item No.: I—
IWB Meeting Date: 17-/0-06
FILE N0. 11
TAX LOT 2S-1-02AD-03450
37.50 TAX LOT 2S-1-02AD-03451
En \
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2S-1-02AD-03450 PARCEL 1
® STREET DEDICATION
AREA = 1,993 S.F. t
PARCEL 2
STREET DEDICATION
AREA = 3,700 S.F. t
STATION: 18+49.28 I STATION: 18+49.28
OFFSET: 37.50 R ENGINEER'S CENTERLINE PUBLIC UTILITY EASEMENT
AREA = 82 S.F. t
1 1 ACQUISITION MAP
BURNHAM STREET RECONSTRUCTION PROJECT
�s CITY OF TIGARD, OREGON
�C \O DATE: FEBRUARY 8, 2008
SHEET 1 OF 1
��'0 \
�9l O9
STA: 21+77.13
OFFSET: 63.38 L
10186 SW Laurel Street
Beaverton, OR 97005
503.644.3436
ROWAFax
503.644.7400
RIGHT-OF-WAY ASSOCIATES,INC. www.rowainc.com
July 24, 2008
Index#: 06-041-013
City of Tigard, et al
13125 SW Hall Blvd
Tigard OR 97223
Subject: Burnham Street Improvements File No. 0353
Re: Tax Assessor's 1.D. 2S102AD03451
Letter of Offer
Dear Property Owner,
The City of Tigard plans to improve Burnham Street between SW Main Street and SW
Hall Blvd. Between Main Street and Ash Avenue, the project will construct a 2-lane
street section with water quality treatment planters, 18-foot wide sidewalks, parallel
parking on both sides of the street, landscaping, and new street lights. Between Ash
and Hall Boulevard, the project will build a 3-lane street section from Ash Avenue to Hall
Blvd with 12-foot wide sidewalks, parallel parking on both sides, median where feasible,
landscaping, new street lights, and gateway treatments at the northwest and southwest
corners of its intersection with Hall Blvd.
Our title information indicates that you own property which will be affected by this
project. A description of the property rights needed for the project is attached to this
letter as part of the document labeled Warranty Deed.
We have used an appraiser who is familiar with the valuation of partial interests in
commercial property to arrive at the current market value of the affected land and
improvements. The appraiser's estimated value is $50,000.00. The City of Tigard
hereby offers you this amount. This offer is accompanied by a copy of the appraisal.
Oregon law provides a minimum 40 days from the date of receipt of this initial written
offer for an owner to accept or reject it. This decision may be made at any time prior to
expiration of the 40-day period. For your information, I have included a brochure which
explains the public acquisition process.
I am an agent with the firm of Right-of-Way Associates, Inc. which has been hired by to
assist with the project. I am acting as an exclusive agent for the City of Tigard in
negotiations to acquire the Right of Way at your property.
Please contact me with any questions or concerns. My email address is
Tracig@rowainc.com.
Sincerely, ,
Traci Gilkison, Agent
Enclosures: Warranty Deed, Appraisal Report, Acquiring Land for Public Projects
Brochure,W-9 Form
knowledge and expertise needed to plan areas 63 and 64. Commissioner Winn
concurred, saying the advisory committee was composed of staff and technical people.
Commissioner Scheiderich asked for clarification on the committee's assignment.
Water Line Break on Bull Mountain Road
In response to an inquiry from Mr. Henschel (see Public Comments), Mr. Goodrich told
the Board about a water main break that occurred in front of Alberta Rider School. The
water line has been repaired.
5. Discussion of Additional Tenancy in Common Agreements for Properties
within the Tigard Water Service Area - Continued
This item was continued from the Board's September 12, 2007, meeting. Mr. Rager
referred to an updated memo which is on file in the IWB record.
For properties within the City of Tigard, Commissioners Russell and Scheiderich wanted
to know when the properties were annexed into the city. Commissioner Scheiderich
asked for this information so he could determine if the annexation preceded the withdraw
of territory from the Tigard Water District (TWD). He explained that there was a time,
prior to the 1993 intergovernmental agreements, when TWD and City of Tigard
boundaries overlapped. Following the 1993 agreements, state law dictated that when the
City of Tigard withdrew from the TWD, certain assets would be transferred from the
TWD to the city.
Commissioner Winn said he favored treating these properties in the same manner as
other properties by supported tenancy in common agreements.
The Board agreed that the properties in question were dedicated for use as part of the
water supply system.
This item was tabled and will be reconsidered when the annexation information is
available.
6. Discuss Disposition of Property for Burnham Street Improvements
Mr. Goodrich referred to a memo requesting the IWB donate a piece of property for right-
of-way. The property is needed for street widening as part of the City of Tigard Burnham
Street Improvement Project. Mr. Goodrich's memo is on file in the IWB record.
Commissioner Russell indicated she would discuss the issue at the next Tigard Water
District (TWD) meeting and report back to the IWB.
Commissioners Scheiderich, Carroll and Winn said they had no concerns over the right-
of-way donation.
Commissioner Russell asked if the City of Tigard should pay for the right-of-way and the
money be placed in the water fund. Mr. Goodrich pointed out that compensation would
only be for the portion of the property being used as right-of-way. Commissioner
Scheiderich added there would be costs associated with doing an appraisal and the
property may be unbuildable.
Commissioner Scheiderich said the Board would make a decision after the TWD has
considered the matter.
7. Water Supply Options
■ There is an upcoming meeting with Lake Oswego on November 17 at 9 a.m.
Intergovernmental Water Board Minutes October 10,2007
3
6. Discuss Disposition of Property for Burnham Street Improvements- Continued
This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier
advised the Board of new information: the parcel under consideration is actually part of
the water building property and as such falls under the tenancy in common agreement.
The entire parcel is approximately 5,560 square feet, with about 2,000 square feet
needed for right-of-way.
The Board discussed dedicating or selling all or part of the parcel to the City of Tigard. It
was not known if the City had any interest in purchasing the property. The Board also
discussed how the value of the property might be determined.
Commissioner Winn motioned to dedicate the entire parcel as right-of-way. There was
no second and the motion was not placed before the Board for consideration.
Commissioner Buehner motioned to dedicate the twelve-foot strip and leave the
remaining 3,000 square feet in joint ownership; Commissioner Carroll seconded the
motion.
Commissioner Carroll requested staff investigate whether the City of Tigard was
interested in purchasing the remaining portion of the parcel. Commissioner Scheiderich
termed this request as a "friendly amendment."
The motion passed by a majority vote with Commissioners Buehner, Carroll,
Scheiderich, and Winn voting yes, and Commissioner Russell voting no.
7. Revised - Elect an IWB Representative to the Washington County Technical
Advisory Committee - Continued
This item was continued from the Board's October 10, 2007 meeting. Commissioner
Scheiderich referred to letter from Washington County Principal Planner Joanne Rice
.and summarized various newspaper articles. These items are on file in the IWB record.
Commissioner Buehner motioned to appoint Commissioner Scheiderich; Commissioner
Carroll seconded the motion. Commissioner Scheiderich was appointed to the
Washington County Technical Advisory Committee by unanimous vote, with
Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes.
8. Consider Making a Recommendation to the Tigard City Council Regarding
Approval of the Tualatin Basin Water Supply Partnership Memorandum of
Agreement (MOA)
Mr. Koellermeier explained supporting the MOA will demonstrate to the federal
government that the partnership continues to support the Title Transfer Project. The
MOA does not require any additional financial commitment.
Mr. Koellermeier reported the cost estimate for the project has been updated and the
IWB's share of the dam raise and plant expansion is now $87 million. This amount does
not include transmission costs which will probably double this estimate. The IWB has
between an 11 and 17 percent share in various project components. The share of the
water produced would be about 13 or 14 million gallons per day.
Commissioner Buehner expressed concern about spending money on this project when
the project does not seem to be in the best interest of the ratepayers. Mr. Koellermeier
Intergovernmental Water Board Minutes November 28,2007
3
Agemin Item No.: 8
IWB Meeting Date: 9-/D-Qf3
Greer Gaston
From: Richard Winn [thermw@webtv.net]
Sent: Monday, July 21, 2008 4:01 PM
To: Greer Gaston
Subject: IWB/IGA
Greer:
My comments. King City version but applicable to all
> Page 1. (Original) - 1st para.
Make this ONE agreement---all inclusive of the four partners.
> Page 2. (Original) - para. 2.
Make this an agreement in perpetuity, or at least NO specified termination date.
> Page 2 & 3 (First Amendment) - para. 4.
The replacement of para. 3.D. relating to the Intergovernmental Water Board is duplicative. The so-
called "replacement" is identical to the original and NOT required. Also, para. E. on page 3 & 4 is mis-
named. It should be para. G. (para. 4. E. already exists)
> Page 4 & 5 (Original) - para. 4.A.2a.&b.
Combining ALL assets should be implemented since all assets pertaining to the combined Water
Supply System are necessary for the proper functioning of said system, providing that para. b. Other
Assets, is transferred as specified or provisions made for this housekeeping element.
> Page 8 (Original) - para. 5.C.(4).
Re: SDC's---Delete or straighten out.
> Page 13 (Original) - para. 11.
Annual Meeting requirements need to be enforced.
General: The original Agreement and First Amendment should stand and any of these modifications
should be made as a Second Amendment, either in "cut and paste" version or in a complete re-write
form, to maintain this agreement and amendments as a historical manuscript/file/or whatever.
Also, Bill's approach is scholarly and reflects his knowledge of Oregon/Case law, which may or may
not reflect the intent and wording of the Agreement, which in itself may not have been nor may be in
compliance with such laws. Bill can straighten us out.
Dick
i
Agenda Item No.: 9
IWB Meeting Date: !7-10 UB
City of Tigard
Memorandum
To: Intergovernmental Water Board Commissioners
From: Executive Assistant to Public Works Greer Gaston
Re: Attendance at the Oregon Water Law Conference
Date: August 29, 2008
Commissioner Winn has expressed interest in attending the Oregon Water Law Conference on
November 6 and 7 in Portland. The government employee rate for the two-day conference is $495.
Staff is seeking direction from the Board on whether it wishes to send a Commissioner to the
conference. A conference brochure is attached.
PO Box 523 • Vashon,WA 98070
18305 Vashon Hwy SW 08.WATOR
800-574-4852 • Fax: 866-435-3444
info@TheSeminarGroup.net
Oregon 1
Nov. 117 i Portland, 1'
YES! Please tWter the follourng:
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Homestudy: ❑Video DVD& Materials ❑Audio CD& ;Materials
Conference Fees Payment Method -AS�,
❑Single Registration $595 Payment of$ Pee TUir r - e O fi l�U AJ
❑ 2 or more (one company)$545 ❑ Check ❑ Purchase Order
❑ Govemment Employee $495 Or Charge my: /,�u �il A( 7kt- �PVUA M14d
❑ New Assoc./Pande&t $460 ❑ VISA ❑ N[C ❑ AN Et 6 •�
❑Student $347 C.H�,�Iy-e— ram
❑ Course Materials $150 Exp. Date: 11 Q
❑ Hornestudy $605 *i'hdtiple di4vuffu elo not apply
Card No:
Signature:
17th Annual
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10.25 General &10 Water Lax. Hear the latest on the Oreg
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first significant water rights case to cone heforr the Court in years
(addtiona1.75 Gen. Credit for the
Fort Vannoy Irrigation District t: Ore
Optional Session) gon Water Resources Commission.
Get an rpdate on mater legislutiort enacted by the Oregon legislatror in its
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rrOregon • Conference — Poriland, OR
11 /1Thursday, November 6, 2008 Friday, November 7, 2008
8:00-8:45 Optional Session: Water Rights 101 9:00 Introduction and Overview of Day Two
Nanci Klinger Richard M. Glick, Prolnann Co-Chwir
fle'fftiJ' 0"I -'Iltrrtvy-Portland I)uris Ier',h/'IYemaine I J Y
9:00 Introduction, Overview and Welcome 9:10 Columbia Basin Water Legislation:
David E. Filippi, I In,ignim Co-Chair Implementation of 1069
— • SB 1069: Background
tt°`!I� `r` 1 L1' Barry Norris (retired)
9:10 Oregon Supreme Court Review of Fort Derr. at [Naer Reformer-.S'tale of Oregon
Vannoy Irrigation District v Oregon • SB 1069: Initial Study Results
[Vater Resources Commission Fred A. Ziari, 1'resident/CF.0
David E.Filippi, %kiderator
IR7_ (.inrsrrltirrs LJ-(','
Denise Fjordbeck
Oregon Department n/Justice, Steven L. Shropshire • Echo Meadows Recharge Project
1ppA7teDr.'ddon Jord.m Stlirader Rtu»i.+ PC Mike Wick, Manager
Joseph H. Hobson Ronald S. Yockim It�eflland lrr gallon Ohlria
Ritter Ilohron LL.C; Luer'Ojjia'o/ Ror..r/d S. )nr-k-r, • Lcgal Issues Invohring ASR Projects
Martha O. Pagel
10:30 Break S,-Imuhe 11"'iNam.ow & 1Vyatt PC.'
10:45 S.2739: New Federal Law and Oregon 10:30 Break
Water
• Wallowa Dam Rehabilitation 10:43 Use of Habitat Improvements and
Elizabeth E. Howard Water Acquisition as Mitigation:
Drown Career,Aller! Uigeiff, cl To,;r%tie I.I_1' Case Studies
Richard M. Glick, .11oderatnr
• Medford Water Study
Jim Hill, _dnitnistrat,si- • Oregon Policy on Water Quality Trading
tf dlor Sona Biorn-Hansen
J c 11\('?JOlrtll I J rd/CP Rif.' 1/7,'lJlirir I7ld J�,`f I
S;;r;< ul0-v.,r., Dent.. of 1:nrar,nn�eJrtul QJe Jlily
• North Unit Irrigation District Contract
_-lmendnient • Tualatin Basin Clean Water Services
David E. Filippi Brice Roll, PhD,MPI I,Witershed .lingnt.Dept. [)fr.
(.lean W,aterS�enzers
12:00 Keynote:Address: Governor's H2O Program
Mike Carrier, \.ttur.tl Resources Policy Dirc�-r�jt. Hells Canyon Complex
Offer:of the C_:c�Jcrrur Ralph Myers
Idaho Poa rr Company
12:30 Lunch (onyour own) 12:00 Lunch (oil.your own)
1:30 Klamath Basin Update and Status of 1:00 Practical Tools for Water Rights Protection
Settlement Effort and Case Examples
Paul S. Simmons Carl V. "Bud" Ullman Debbie L. Colbert, PhD Richard J. Kepler
Suma,lr Silvmonr&'Own? P
Ili, hLu:J:Jlh I Y7i'C OR IV.7Ar It,.,�iu:e:, Depariimwl OR Oejrl,of Nib k!N 11 r'dlil"
2:30 Intersection of State Lands and Water Steven Vb'. Parrett
Navigability Detenninations and New DSL C)rron L1 akr Truss
Rules Affecting Use of State-owned Submerged 2:15 Break
and Submersible Land
v.) 2:30 Financing Water Projects - Deschutes
Jennie L. Bricker Mark F. Schumock (In
S10"I Rim I,I.P \ulr:r:.7i Rett. - c il: Basin as a Case Study
Tod Heisler
3:30 Break Rte cr C'omen-,w y
3:45 Ethical Considerations for Water Attorneys Toni Hickman, k ater Util. \(gr.
and Other Professionals Citi:r) Bend
Peter R. Jarvis Marc Thalacker,Dist. 1lgr.
I11,11iharr c7 Calhertxnr 'I Three Sisters Jrirgaliun Oisoia
4:45 Questions Members of the Faculty 3:30 Questions
5:00 - 6:00 WINE RECEPTION ~ Hosted by: Members of the Faculty
Dazs lI'righl"Trrmaine LLP�^ Stoel Rit es LLP 3:45 Adjourn
�r SEMINAR
. FACULTY
17th Annual Oregmi Water Law Cotiference
David E. Filippi, Program Co-Chair, is a partner with Stoel Nanci Klinger is a Deputy :attorney for the City of Portland
Rives LLP where he practices natural resources,environmental specializing in environmental law.
and land use law while concentrating out water rifts and quality.
Ralph Myers is Water Quality Prc>g'am Supetinsor for the Idaho Prnrer
Richard M. Glick, Program Co-Chair, is a partner at Davis Comlyany working on water quality and endangered species issues.
Wright Tremauhe LLP where lie practices in water,He►s listed in I environ-
w. he Best Lwiyer.;in,'l muii-r. Barry Norris was\Miter Resoutu s State Engineer for the 0� 72D
mental and energy la
for 2i years until retiring in 21007. 1 le.is a registered Civil Engineer.
Mike Carrier,[�eynote Speaker,is the National Resources folic}�
Director for Governor Kulongoski. Martha O. Pagel, Schwabe %X"illi;unson& 1Cyatt PC,is a rec-
Sonja Biorn-Hansen is the lead staff person an waxer quality,
ognized regional leader uh mater law and natural resources.
credit trading with the Oregon Dept. of\klater Quality. Steven W. Parrett has been Chtguxn %Vater Trust's Vk-stside Project
J\1 r.since Dec.?�)<)'1,m1.>rkingwith latulonvnets anti\tater right holders.
Jennie L. Bricker,Stool hives LL-P,practices natural resource
Law with a focus on water law ;cid waterways. Bruce Roll, PhD, MPH, is the \X-atershed Alataagement
Debbie L. Colbert, PhD is a Senior Police Coordinator with Department Director For C:leaa Water Services.
the Omgon%ter Resources Dejrartment. Mark R Sehumoek is with the Natural Resources Division of
Denise Fjordbeck is theAttorney-in-Charge of Civil and Ad-
the Oregon Department of justice.
ministrative Appeals at the Oregon DOJ. Steven L. Shropshire,Jordan Schrader Ramis PC, practices
natural resources,environmental,real estate,and land use matters.
Todd Heisler is the Exec.Dir.of The Deschutes RiverC;ctncen�uhcti-
(DRC].He has 20 years experience un consetwaticm,and natural re- Paul S.Simmons,Somach Simmons&Dann PC in Sacramento,
sources management. specializes in water,natural resources :and environmental law.
Tom Hickman is the\eater Utility Afanager for the City of fiend. Marc Thalacker is the District '�Iarnager for the Three Sisters
fie helps maximize efficiency of infrastructure plaruung and(I)eratioxis. Irrigation District.
Jim Hill is the Administrator for the Medford Regional tater Carl V."Bud"Ullman is the Director of the V�,"ater Adjudica-
Reclamation Facility. tion Project for the Klamath Tribes.
Joseph H.Hobson,Ritter Hobson 1.1.C,ftx:uses his practice on Mike Wick is District_1igr.of the\X-estland Irrigation District
personal and business planning,propem lam: where the seeks solutions to water issues in the Umatilla Basin.
Elizabeth E.Howard,Dwun Carney.Allen Higgins&Tongnte 1 JR, Ronald S.Yockim is a general practitioner with special empha-
ractices water law,environmental and natural resources law. sus in natural resoti ce law,public land law, .Indian law,water law.
p ,p ,
Peter R.Jarvis,Hinshaw&Culbertson 11.13,practices pnnnarily in Fred A. Ziari is as agricultural Engineer and founder.and CEO
the area of attorney professional reponsibility and risk tnanagetnent. of IRZ G>nsulting,dealing with niodean irrigation engitneerung
Richard J. Kepler is the NXater Quantity/(Quality nf:anager for
the Oregon Dept. of Fish and Wildlife.
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optional session and may yttaW for self-study credit in odor states.
ComW ACctledVAr im :This course is approved by die Oregon
State Barfor lUgenend&Ikeducs.CIEctedits,phis Zgeneral for die Seminar Locatron: The seminar will be held at the Red Lion
optional session,and by the DPashingtat State Bar for 10.25 general& Hotel Portland-Convention Center, Portland,OR(303) 235-2100.
l ethics CLE credits,plus.75 general for the optional session. This Please call the hotel for directions/questions. A block of sleep moots
course may qualify tri:engineer credit with die Oregon State Board of leas been set aside at a reduced tate until t0/5/08. For teservatious,can
for Engineering and Lmxl Stitrvep% For information or (800)343-1822 and utention"I1te Seminar Group"for the reduced rate.
Distributed to IWB Members i4
Via: E-mail Mail In-p rson at meeting
• N A e�z�l�.
MEMORANDUM ,,
TIGARD
TO: Intergovernmental Water Board (IWB) Co 'ssioners
FROM: Public Works Director Dennis Koellermeier
RE: Responsibility for Pressure Regulators
DATE: August 26, 2008
State Building Code requires a pressure regulator be installed on any plumbing system where
water pressure exceeds 80 pounds per square inch (psi). Since the City of Tigard is the water
service provider for the Tigard Water Service Area, I wanted to inform you about a change
in City policy related to pressure regulators.
In the past,when water pressure exceeded 80 psi,Tigard's Water Division installed, and
subsequently maintained, pressure regulators at individual service connections on the outlet
(customer) side of the City water meter. However, an interpretive ruling of the state
plumbing code has necessitated a change in our process.
The ruling states that any work on private plumbing connected to the outlet side of the
water meter must be performed by a state licensed plumber. Furthermore, state and local
code implies it is the responsibility of the constructor or owner to install and maintain
pressure regulators. The ruling also prohibits public utilities, like the Tigard's Water Division,
from working on private plumbing. If the City were to continue to install and maintain
pressure regulators,work previously performed by the Water Division would now have to be
contracted with a licensed plumber. This would have an obvious financial impact on the
division.
In light of these facts, pressure regulators will now be considered part of the property
owner's plumbing. The responsibility to secure a plumbing permit and install, maintain,
remove, repair or replace such devices will be assumed by the constructor or property
owner. Additionally, the Water Division will not install any pressure regulators in
conjunction with the installation of service connections and meters, nor will they perform
any work beyond the outlet side of the water meter.
in
Distributed to IWB Members �acEFE
Via: IE-mail Mail ❑In-person at meeting
MEMORANDUM
TO: Dennis Koellermeier
Greer Gaston
FROM: Tim Ramis
Rob Yamachika
DATE: July 18, 2008
RE: Tigard/Lake Oswego IGA regarding Water Supply
File No. 50014-36792
QUESTION PRESENTED
Why are Intergovernmental Water Board ("IWB")jurisdictions not signatories to Lake
Oswego/Tigard Intergovernmental Agreement ("IGA")?
SUMMARY
The 1993 IGAs were limited in geographic area to the original Tigard Water District and
the proposed project is outside of that area and outside of the scope of the IGAs and
amendments. As discussed below review of the IGAs and amendments supports this conclusion.
DISCUSSION
The 1993 IGAs were limited in geographic area to the original the Tigard Water District
("District") and the proposed project is outside of that area.
The original District provided water service to the Cities of Tigard, King City and
Durham as well as areas of unincorporated Washington County. In 1993, the Cities of Tigard,
King City and Durham withdrew from the territory within their respective boundaries from the
District. Operation of the water system has been assumed by Tigard through IGAs with all
entities. As a consequence of the withdrawal, the assets and liabilities of the original District
were separated and allocated among the four jurisdictions. The area withdrawn by Tigard was a
major portion of the original District, as a result, Tigard received the majority of the original
District's infrastructure, with smaller portions going to King City, Durham and the Tigard Water
District. Therefore, the 1993 IGAs and subsequent amendment are limited in geographic scope
to the areas that wereart of the original District.
P g
The Lake Oswego/Tigard IGA concerns an ownership of a water supply in an area
outside of Tigard and also outside of the original District area. The IWB jurisdictions are not
required to be signatories to the Lake Oswego/Tigard IGA because that IGA concerns a water
1 50014-36792 July 18 08 MemadoOG/7/1812008
supply that is outside of the geographic area and the scope covered by the 1993 IGAs and
therefore does not require the approval of the IWB or City Councils of Durham and King City.
A review of the IGAs and amendments supports this conclusion. The IWB was
established to make"recommendations to the Tigard City Council on water service issues."
December 23,1993 IGA Section 3.E. The IWB is an advisory board, its approval is not required
for the Tigard City Council to act with regard to water service issues. It functions much like a
planning commission giving a recommendation to the city council,which may or may not follow
the recommendation in making its final decision. Section F of the IGA gives the IWB the
limited authority to grant variances from the water system rules and regulations enacted by
Tigard if it makes specific findings.
With regard to capital improvements, Section S.D.provides that capital projects shall be
implemented in accordance with a long-range capital improvement program. This capital
improvement program must be approved by one less than the number of jurisdictions holding an
ownership interest in the water system (three of four). December 23,1993 IGA Section S.D.1.
Section 5 also provides that 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 the capital improvement qualifies as a system asset or other asset. This is
further evidence of the limited the scope of the capital improvement program and the IGAs. It is
limited to the original District area and here the Lake Oswego/Tigard IGA concerns a water
supply source outside of that area. Furthermore,there is nothing in the 1993 IGAs or
amendments that require a capital improvement such as the one in Lake Oswego to be included
in the capital improvement program. In fact, because it is outside of the original District area it
makes perfect sense that it not be included in the capital improvement program. A separate
capital improvement program is called for in the Lake Oswego/Tigard IGA.
Section S.E. provides that water supply contracts must be approved by the same three of
four member jurisdictions requirement. It is important to make the distinction that the Lake
Oswego/Tigard IGA does not concern a water supply contract. Instead, the Lake Oswego/Tigard
IGA concerns the acquisition of an ownership interest by Tigard in a new and expanded water
supply facility with Lake Oswego. Tigard is contractually obligated to provide water to all the
member jurisdictions pursuant to the 1993 IGAs, which is unaffected by the Lake
Oswego/Tigard IGA.
It may be argued that recital 6 provides an argument that the other member jurisdictions
need to approve the Lake Oswego/Tigard IGA. Recital 6 provides: "The Cities and District
agree that it is in their best interest to share authority for decision-making regarding the long-
term water supply and capital improvement planning to serve present and future water customers
of the original District." This is countered by the fact that this is a statement in the recitals which
is not part of the IGA, and that the more specific provisions of the IGA control over more
general statements.
2 50014-36792 July IN 08 MemadocU17/18/?008
City of Tigard ��
13125 SW Hall Blvd. -
Tigard, OR 97223 Ow
Phone: 503-639-4171
FAX TRANSMITTAL
Date September 3, 2008
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.
6 ASU
VENGWAX.DOr
Intergovernmental Mater Board — Agenda
SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, September 10, 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 — May 14, 2008
Action: Motion to approve the May 14, 2008 minutes.
3. Approval of Minutes —July 9, 2008
Action: Motion to approve the July 9, 2008 minutes.
4. Public Comments
Call for comments from the public.
5. Water Supply Update - Mr. Goodrich
6. Consider Maldng a Recommendation to the Tigard City Council Regarding the Approval of
the First Restated Intergovernmental Cooperative Agreement Creating the Willamette River
Water Coalition— Mr. Koellermeier
Action: Motion recommending the Tigard City Council approve the First Restated
Intergovernmental Cooperative Agreement Creating the Willamette River Water Coalition.
7. Introduction to Street Dedications, Easement and Remnant Property Purchase Related to
the Burnham Street Improvements—Dennis Koellermeier
Action: No action required.
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. Discussion of IWB Attendance at the Oregon Water Law Conference —Mr. Koellermeier
Action: Direction on whether the Board wishes to have a Commissioner attend the conference.
10. Informational Items
11. Non-Agenda Items
Call for non-agenda items from Board.
INTERGOVERNMENTAL WATER BOARD AGENDA— SEPTEMBER 10, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 oft
12. Future Agenda Items
■ Street dedications, easement and remnant property purchase related to the Burnham Street
Improvements.
■ Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area.
■ Presentation by Washington County planning staff regarding Areas 63 and 64.
■ Review:
- Proposed Tigard Municipal Code and policy changes regarding credit for leak, water meters,
and non-payment of water bills.
- The billing insert policy.
13. Next Meeting:
October 8, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
14. 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- SEPTEMBER 10, 2008
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2