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09/12/2007 - Packet •� Completeness Review for Boards, Commissions 4 : and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee 16=7 Date of Meeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting; I am simply the employee preparing the paper record for archiving. This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name Signature Date Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and the Unincorporated Area AGENDA Wednesday, September 12, 2007 Tigard Water Building 5:30 p.m. 8777 SW Burnham Street Tigard, Oregon 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call 2. Approval of Minutes —August 8, 2007 Motion from the Board to approve the minutes 3. Public Comments Call for comments from the public 4. Accent Residential Homes Credit for Leak Request-Amanda Bewersdorff 5. Discussion on the Use of Reclaimed Water in Downtown Tigard and Policy and Incentives for Stormwater Diversion - Clean Water Services Representative 6. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Brian Rager 7. Water Supply Options - Brian Rager& John Goodrich 8. Informational Items 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meeting - October 10, 2007, 5:30 p.m. Tigard Wafer Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment 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. Questions? Contact the City of Tigard at 503.639.4171 Sign-in Sheet Intergovernmental Water Board Meeting Date: a-- 12 -0'7- Name U.7- 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 C,AL_0, 01 V f'� srosb /C"'4" f - Al Intergovernmental Water Board (IWB) Meeting Minutes September 12, 2007 City of Tigard Water Auditorium 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Julie Russell Representing the Tigard Water District Bill Scheiderich Member at Large Dick Winn Representing the City of King City Members Absent: Patrick Carroll Representing the City of Durham Staff Present: Public Works Assistant Director Brian Rager Water Quality & Supply Supervisor John Goodrich Accounting Supervisor Amanda Bewersdorff IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:35 p.m. 2. Approval of Minutes —August 8, 2007 Commissioner Buehner motioned to approve the August 8, 2007 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote, with Commissioners Buehner, Russell, Scheiderich, and Winn voting yes. 3. Public Comments: Marland Henderson, 11795 SW Katherine Street, Tigard, said his comments were related to agenda item #5 and he would wait until that item was before the Board. 4. Accent Residential Homes Credit for Leak Request Ms. Bewersdorff provided background information regarding this credit for leak request. Staff's recommendation was to deny the credit request based on: ■ the chronology of events in Ms. Bewersdorff's memo dated September 4, 2007 (This memo is on file in the IWB record.) ■ the leak not being repaired within the ten days as required in the Tigard Municipal Code Ms. Bewersdorff stated no payments have been made on the account and the irrigation line had been turned off. Commissioner Winn motioned to deny the credit for leak request; Commissioner Buehner seconded the motion. The request was denied by unanimous vote, with Commissioners Buehner, Russell, Scheiderich, and Winn voting yes. Intergovernmental Water Board Minutes September 12,2007 1 Note: Later in the meeting, Sean Foushee of Accent Residential Homes showed up and inquired about the credit for leak request. Commissioner Scheiderich told Mr. Foushee to meet with Amanda Bewersdorff regarding the credit for leak request, so staff could prepare a presentation for the Board. He stated the issue could be placed on the Board's next agenda. Commissioner Scheiderich noted the Board had already taken action on the matter. 5. Discussion on the Use of Reclaimed Water in Downtown Tigard and Policy and Incentives for Stormwater Diversion Clean Water Services (CWS) Government and Public Affairs Manager Mark Jockers introduced himself. Mr. Jockers discussed CWS's water reuse program and incentives related to storm water harvesting, (rain barrels, disconnecting downspouts, etc.). Mr. Jockers provided the following background information: ■ CWS strongly supports water reuse; it's the largest reuse provider in the state. • The Durham treatment plant provides half-a-million gallons per day of reclaimed water to irrigate 215 acres of turf. ■ The water is used at Tigard High School, Durham Elementary School, Summerfield Golf Course, Tualatin Country Club, King City Golf Course, and Cook Park. • The reclaimed water used represents less than one percent of annual wastewater flow. ■ The water reuse program is seasonal, operating from May to October. ■ CWS produces the highest level reclaimed water approved for the most uses. ■ CWS is in the midst of reclaimed water master planning to determine the highest and best use of reclaimed water. The focus is on turf irrigation. ■ Effluent from the Rock Creek and Durham waste water treatment plants can make up to 40 percent of the overall flow of the Tualatin River in summer months. ■ There may be an environmental impact to the Tualatin River should water be diverted from the river in order to increase the supply of reclaimed water. ■ One of the goals of the reuse program is to "swap" reclaimed water for water that would be withdrawn from the river. ■ Reused water cannot come back to the waters of the state. Ideally the water is applied at the same rate as plants will take it up, so no run off is generated. ■ CWS mitigates for the temperature of their effluent by releasing cold water from Hagg Lake and providing shade along waterways. Regarding the use of reclaimed water in Tigard's downtown area, Mr. Jockers made the following comments: ■ The DEQ would not permit irrigation that would allow reclaimed water to flow into the creek. ■ Someone would have to pay for the infrastructure to get the water to the area. ■ It would have to be decided if using reclaimed water in the downtown would be the best use of this resource in terms of the overall environmental impact and the health of the river. Commissioner Scheiderich suggested it was premature to pursue further use of reclaimed water in downtown Tigard until landscaping irrigation requirements are determined. Intergovernmental Water Board Minutes September 12,2007 2 Mr. Jockers addressed the Board's inquiry regarding residential incentives related to storm water harvesting. He explained CWS's stormwater credit programs are geared toward development and redevelopment. CWS has no residential downspout disconnection or rain barrel credit. These programs are typically offered in communities where stormwater and sanitary systems are combined and are placing a strain on the sanitary system. Residents in Washington County do not have combined stormwater and sanitary systems. It was suggested information could be provided to citizens on their utility bills. Marland Henderson, 11795 SW Katherine Street, Tigard, asked how CWS water got into the river. Mr. Jockers replied water was discharged through a diffusion pipe along the bottom of the river. This is one of four permitted discharges. CWS does not have a permit to discharge reclaimed water at other locations along the river. Charles Swift, 12950 SW Pacific Highway, Tigard, said, in his experience, only the facility where the reclaimed water came from needed to be permitted; if reclaimed water made its way to the river, this did not need to be permitted. Mr. Jockers said CWS is operating under a different set of rules. Mr. Henderson asked what will happen as the community grows and more waste water is generated. Mr. Jockers responded that the amount of water discharged into the river is limited by the capacity of the river to assimilate the discharge. He added that the issue of future discharges will be part of CWS's master planning. There was also a discussion about the use of recycled water as a water source for toilets. Mr. Jockers did not know whether a permit would be required for this use; there would be building code issues. He added that such an idea would require dual plumbing systems (one for drinking water and one for reclaimed water). He raised the issue of the cost of the initial investment in infrastructure and how these costs would be distributed. Ken Henshel, 14530 SW 144`h Avenue, asked, with regard to existing homes, if there were any retrofit systems designed to allow the use of rainwater for toilet flushing. Mr. Jockers said he didn't know; he suggested this may be a question for DEQ, Commissioner Buehner said some of the major downtown projects might be on a large enough scale to qualify as a pilot project to implement some of these water-saving suggestions. Mr. Jockers pointed out that reclaimed water was not available year-round. 6. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area The Board recently executed two tenancy in common agreements for the water building and Canterbury property. Mr. Rager asked the Board if it was interested in creating additional agreements for other properties. There was some discussion about which properties were within the City of Tigard. Commissioner Scheiderich asked staff to research this issue and bring the item back at a subsequent meeting. Commissioner Scheiderich explained his interpretation of the 1993 agreements establishing the IWB. If property is within the City of Tigard, upon withdrawal from the group, the City succeeds in title to the property. The tenancy in common agreements, on the other hand, direct that property be dedicated to the water service system and Intergovernmental Water Board Minutes September 12,2007 3 guarantee that ownership is distributed to the owner jurisdictions. This is why the Board needs to know which properties are within the City of Tigard and, by default, fall under the 1993 agreement. Commissioner Russell made a formal request from the Tigard Water District (TWD) asking the IWB delay any action on the properties until the legal action regarding the public meeting notice for the June 25, 2007 TWD meeting is settled. Commissioner Russell referred to a letter she would provide to the Board. Note: The letter Commissioner Russell referred to was not produced and, therefore, is not a part of this record. In response to Commissioner Scheiderich, Mr. Rager said this was not an urgent matter. Commissioner Scheiderich directed the issue be brought back to the Board's next meeting and asked staff to provide a history of when the properties were annexed into the City of Tigard. 7. Water Supply Options ■ Little progress had been made on scheduling committee meetings with the City of Lake Oswego. ■ Aquifer storage and recovery well # 2 was out of service and the City was looking into increasing the capacity of the well in conjunction with the repair. This is not affecting water supply. ■ The bid opening for the 550-foot Zone Reservoir#2 and Price Park took place yesterday. Activity at the site should begin next month and the project will take about two years to complete. The low bid was about $5.7 million, which was in line with the engineer's estimate. 8. Informational Items Mr. Rager referred to Tualatin Project Title Transfer Partnership documents that had been handed out to the Commissioners. These documents are on file in the IWB record. Having Clean Water Services (CWS) act on behalf of the Tualatin Basin Water Supply Project partners would streamline the title transfer project. Approval of the memorandum of agreement granting CWS the authority to act on Tigard's behalf will go before the Tigard City Council in the near future. 9. Non-Agenda Items: None 10. Next Meeting - October 10, 2007, 5:30 p.m. Tigard Water Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment Commissioner Scheiderich adjourned the meeting at 6:32 p.m. Greer A. Gaston, IWB Recorder Date: 10-10- 07- Intergovernmental 0'/Q- 07- Intergovernmental Water Board Minutes September 12,2007 4 Agenda Item No.: IWB Meeting Date: D�- Intergovernmental Water Board (IWB) Meeting Minutes August 8, 2007 City of Tigard Water Auditorium 8777 SW Burnham Street Tigard, OR 97223 Members Present: Patrick Carroll Representing the City of Durham Gretchen Buehner Representing the City of Tigard Julie Russell Representing the Tigard Water District Bill Scheiderich Member at Large Dick Winn Representing the City of King City Members Absent: Patrick Carroll Representing the City of Durham * Joined the meeting by speakerphone for items 4 and 5. Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:36 p.m. 2. Approval of Minutes —July 11, 2007 Commissioner Buehner motioned to approve the July 11, 2007, minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote, with Commissioners Buehner, Russell, Scheiderich, and Winn voting yes. 3. Public Comments: None Note: Commissioner Carroll participated in the meeting via speakerphone for agenda items 4 and 5. 4. Consider a Water Building Lease with the City of Tigard Mr. Koellermeier briefed the Board on this item which had been tabled at the Board's last meeting. He explained two items had been updated: • Language was added which requires adjustments in rent at five year increments. • A miscalculation was corrected to reflect the fact that improvements were annualized for a term of eleven and one-half years, instead of twelve and one- half years. Commissioner Buenher motioned to approve the water building lease; Commissioner Winn seconded the motion. Intergovernmental Water Board Minutes August 8,2007 1 At the request of Commissioner Russell, Commissioners Buehner and Winn amended their motion to incorporate the "Background Information on Rental Calculations for the Water Building Lease" document in the lease. Note: Commissioner Russell inquired about agenda item 5. The Board discussed agenda item 5. The Board returns to agenda item 4 following this discussion. 5. Discuss City of Durham Request for Clarification of the Tenancy in Common Agreements Report on the Adoption of Intergovernmental Agreement Amendments In response to a question from Commissioner Russell, Commissioner Buehner advised improvements (buildings) are typically depreciated through various methods, while real property does not depreciate. Mr. Koellermeier summarized Mr. Ramis' memo. Mr. Koellermeier referenced the depreciation schedule in the 1994 report by Economic and Engineering Services, Inc., which assigns a 33 year, straight-line depreciation method for buildings. Real property, which does not depreciate, would be appraised at the time of transaction. Commissioner Scheiderich added that if a building were to be sold to an outside party, it would be appraised and the IWB jurisdictions would share in the proceeds. However, if the building were sold to an IWB member jurisdiction, the value of the water building would be based on language in the tenancy in common agreement. This says the value of the building depreciates over time. Commissioner Carroll confirmed that at the end of 33 years, if one of the IWB member jurisdictions wanted to terminate its intergovernmental agreement, then that owner's share in the value of the building would be zero. Commissioners Scheiderich and Winn concurred. Commissioner Buehner added all buildings have a lifetime. She noted the money the City of Tigard had spent to bring the water building up to code. Commissioner Russell asked what happens if the City of Tigard wanted the water building property. Commissioner Scheiderich and Carroll responded this could occur if the IWB member jurisdictions agreed to it. In this scenario the City of Tigard would be considered an outside party. The property would be appraised and the IWB would determine the sales price. Note: The Board returned to agenda item 4. 4. Consider a Water Building Lease with the City of Tigard - Continued The motion, under agenda item 4, was repeated. Commissioner Buehner motioned for approval of the water building lease as amended; Commissioner Winn seconded the motion. The motion was approved by 4-to-1 vote, with Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes. Commissioner Russell voted no. Note: Commissioner Carroll concluded his participation (via speakerphone) in the meeting. Intergovernmental Water Board Minutes August 8,2007 2 6. Consider Making a Recommendation to Owner Jurisdictions Regarding a PGE Easement on the Water Building Property Mr. Koellermeier briefed the Board on PGE's request for an easement on the water building property. He noted the memo incorrectly listed the size of the easement as 6- feet long by 14-inches wide. The correct size is 6-feet long by 14-feet wide. The Commissioners made the following requests/suggestions: ■ Add language that should the easement no longer be needed, it can be terminated ■ Add language "for use only as" • Make the easement subject to relocation to prevent a permanent blockage of the property. The proposed language was "subject to relocation as Grantor deems necessary" Mr. Koellermeier said these modifications would be made and resolutions would be prepared for each IWB member jurisdiction's consideration. 7. Review the Working Draft of the Tualatin Project Title Transfer and Tualatin Basin Water Supply Project Principles of Agreement Mr. Koellermeier briefed the Board on the draft principles of agreement. He explained if a title transfer from federal to local government was pursued, the local government and its structure needed to be created. The principles of agreement reflected an attempt to define this local government. Mr. Koellermeier added liability issues raised by Commissioner Buehner have been addressed in the document. He also explained even if the dam raise project does not take place, the existing operation could still be transferred to local jurisdiction. It was noted the first ten principles would take place irrespective of the water supply project, but the three additional principles are tied to the project. The Commissioners made the following comments/suggestions regarding the draft principles of agreement: ■ Requested attorneys Tim Ramis and/or Clark Balfour review the document. ■ Address the fact that the irrigation district serves smaller net area. ■ Place some kind of constraints on rates the irrigation district could charge partners for water it is not using. ■ Concerns that the dam has depreciated over time and the partners are paying to rebuild it. ■ Concerns over perpetuating a power subsidy to the irrigation district without making them investigate whether they really need that power. ■ Concerns over whether the irrigation district is using power wisely. ■ Concerns over subsidizing an inefficient irrigation system that may be obsolete. ■ Concerns Washington County wants to be made whole for the park. Suggested at most to make them whole for net revenue. ■ Proposed a ban on motorized watercraft in the reservoir. Mr. Koellermeier stated the Scoggins Dam facility is not generating any power. Power generation was evaluated some time ago and did not make economic sense. This will be reevaluated. Mr. Koellermeier reported the next draft of the principles will probably be available in October. Intergovernmental Water Board Minutes August 8,2007 3 8. Water Supply Options Mr. Koellermeier reported on the Lake Oswego water partnership: ■ Meeting representatives from the IWB, City of Tigard, and Lake Oswego have been identified. The IWB representatives are Commissioners Scheiderich and Buehner. • Lake Oswego is generating meeting dates. ■ Lake Oswego's City Manager is leaving the city. This may impact work on the partnership. Mr. Goodrich reported the following: ■ Unusually cool weather has resulted in lower water demand ■ Demand peaked at 12.4 million gallons per day (mgd) in July ■ Demand in recent weeks has been in the 8 to 9 mgd range ■ There is 60 day water supply in ASR 2 ■ One native groundwater well has been shut down due to the lower demand Mr. Goodrich summarized a Daily Water Demand chart that had been provided to the Commissioners. The chart is on file in the IWB record. Over the last five years, there has been a 9.2 increase in service connections and a 6 percent decrease in water demand. Commissioner Scheiderich asked for information on disconnecting down spouts from the stormwater system. He inquired about incentives for such a disconnection. The Board discussed whether stormwater run off is connected to the sanitary sewer system. Mr. Goodrich responded to a question raised at a previous IWB meeting regarding the distribution of a Water Smart Rebate pamphlet. He advised the City of Tigard recently mailed two information pieces: a Water Rate Changes brochure and a Consumer Confidence Report (CCR). The Water rate Changes brochure was sent to every water account in the Tigard Water Service Area (TWSA), and, at a cost of over $10,000, the CCR was sent to every household in the TWSA. Both items contained information on the current water smart rebate. Commissioner Scheiderich suggested a rebate brochure could be included as an insert in the first water bill of the fiscal year and also requested a date comparison of customer water usage be provided on water bills. 9. Informational Items: None 10. Non-Agenda Items Commissioner Russell inquired about adding a discussion of the Grabhorn trash dump to a future IWB or Tigard Water District meeting. There has been some discussion this dump site has affected the Tualatin River and the water supply. Mr. Koellermeier will provide a status report on this topic at an upcoming meeting. 11. Next Meeting - September 12, 2007, 5:30 p.m. City of Tigard Water Auditorium, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment Commissioner Scheiderich adjourned the meeting at 6:39 p.m. Intergovernmental Water Board Minutes August 8,2007 4 Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes August 8,2007 5 Agenda Item No.: I VB Meeting Date: 9--/2-16� MEMORANDUM TO: Intergovernmental Water Board FROM: Amanda L. Bewersdorff,Accounting Supervisor )� RE: Accent Residential Homes, Irrigation Meter Credit for Leak Request DATE: September 4, 2007 The attached credit for leak request is being forwarded to you for your review and possible approval at the next scheduled meeting on September 12,2007. The method used in calculating the amount of the credit is based on existing policy. There have been many conversations between Utility Billing(UB) staff and the customer regarding their leak in the irrigation system. January 18,2007 -The irrigation system leak was first discovered by Mike White,Senior Engineering Technician,and he turned the meter off. UB field staff then went and locked the meter, so that no more water would be lost,and the customer was notified by UB staff. March 20, 2007 - UB staff left a message for the customer regarding the past due water bill from January. The next day,Angel with Accent Residential Homes, called the office and stated they would be sending a check on April 10,2007. The check has never been received. May 15,2007—UB staff received a call from the owner of Accent Residential Homes. He stated that he is not paying dhe bill. UB staff informed hien that the leak must be fixed in order to have the meter turned on. UB field staff was scheduled to meet with the landscaper the following day to determine where the leak was and then to turn the meter off and lock it again. May 16,2007 - UB field staff went to meet landscaper at 9 a.m. By 9:20 a.m. the landscaper had not arrived. UB field staff contacted Accent Residential Homes office staff and informed them he would be leaving the site since nobody showed. August G,2007 -The owner called inquiring about purchasing additional meters for the subdivision. When UB staff brought to the owner's attention of the past due water bill on the irrigation meter he stated that someone from the City went out to verify leak was fixed. UB staff stated that field staff went to the site to turn on the meter so the location of the leak could be determined,but the landscaper never showed. The owner stated he is not going to pay this bill. Office staff notified the owner that he might be able to receive a partial credit. The owner did not like that he would still have to pay a portion of the bill. A request for adjustment due to a leak form was then faxed to the owner. The owner stated to UB office staff that the leak was the City of Tigard's fault since the City requires plumbing to be above ground for a detention facility. Office staff contacted Mark Van Domelen,Plans Examiner Supervisor, and Hap Watkins, Inspection Supervisor,in regards to the code for irrigation lines. They both stated that it is not required for irrigation lines to be exposed. The documentation submitted by the owner,which is from Pro Landscapes of Oregon, states that on April 25,2007 the leak was repaired. However,on May 15,2007 the owner requested for us to meet the landscaper on site so that the meter could be turned on to find the location of the leak. Therefore,staff feels that the invoices submitted are questionable due to the discrepancy of dates. UB field staff has unlocked and turned on die meter and did verify the leak has been fixed. The meter was immediately turned back off and locked for non-payment. If the Board so chooses to issue a credit the amount calculated, based on existing policy,would be$1,817.16, and would require Board approval before processing. If you have any questions regarding this request,please feel free to call me directly at 503-718-2497. Attached is all documentation of the leak being repaired which was submitted by the customer. The customer has been notified of the next scheduled Intergovernmental Water Board meeting so they may attend if they so desire. 08/08/2007 in 18 FAX Z002/004 0.Ye04i2007 15:_53 FAX 5038897297 City of Tigard (91001- REQUEST FOR ADJUSTMENT DUE TO A LEAK The City of Tigard has a policy of issuing partial credits for leaks that are repaired-in a timely q marmer. The city expects leaks to be repli=ed within ten days of discovery_ Credits are r based on your average usage for the s=e period in previous years. This average is deducted � Loin the total coommption used during the time of the leak. The excess usage is charged at the wholesale rate of water,with the diffe-rence between vrholesale 211d resale cost deducted from the utility account as the Credit for Teak Please describe the specific circumstances of you=iegtaest: p� uCj � nA rIA r n onsi o,� _kj� I "'aLl 0-Ig '(U�Ai h4aslid 7111�"Cs �!L MCL�'..— P Date leak found: ` Date leak repaired: �� Accounr#: Location of Service: Mo"L JA_�)1 Q.F � TL +d' — �llu-� �h-� �►1 ����'`�_ . Customer Name: Mailing Address:_ QXwA�Z8 Tk&caar ajotGam--- ,greet address City State Zip Phone DOCUMENTATION YOU MUST SUBNMYCOPIES OF PLUMBER'S BILLS AND/OR RECEIPT'S FOR PARTS, REQUIRED TO PTX THE BEAK. FOR OFFICE USE ONLY ai)� 12.05 ;2.03 12-40 $1.99 56 - 1.14¢ = C C� ¢ RES MUR COM @1D IRR Niatkup Prcviaus ye2r3 usage #pcaods used average Leak Period ].rak ecf Markup CmditAdJusrsu= Total Credit:$ Date Issued: ( Issued B010--_ 08/08/2007 14: 18 FAX IM 003/004 06/07/2007 16:11 6036332404 CHRISMERTEN PAGE 02 TO: Angel—Accent Residential Homes FROM: Tammy—Pro Landscapm of Omgon RE: Mt. View Estates—Water Leak DATE: April 25,2007 Angel, Pro Landscapes responded to a request fvr tapalxat Mt. View Estates. Your request was for repair of a non-specific leak at this location. Our crew has completed the necessary repairs per your request as of today Apri125, 2007. If you have any questions,please feel free to contact me at 503-633-3400,or at prolandscay9MM ..aol.com. The following page is the invoice for the repairs complet©d at your location. Thank You, Tammy Miller Pro Landscapes of Oregon,Inc. 503-633-3400 08/08/2007 14: 18 Fax IM 004/004 38/07/2007 16:11 5036332404 CHRISMERTEN PAGE 03 Invoice TO: Accent Residential Homes From: Pro Landscapes of Oregon.Inc. 18676 SW Boone Ferry Rd. PO Box 261 Tualatin, OR 97062 St Paul,OR 97137 LCB#: 7326 ■rwwrwrrwwwwwwrwww■■r■.■a.■..aa.■■rfffYYYYfYYNarrr■wa�rrrrfwfrr■ffwrwwa.■ Request for non-specific watcr leak at Mt_ view Estates, Time & Materials for work completed. $250.00 TOTAL-- $250.00 Thank you for your business. Pro Landscapes of Oregon,Inc. '2007 14. 18 FAX Z 00 1/004 ACCENT RESIDENTIAL HOMES 18676 SW BOONFS VERRY RD . 'f UAf. AI- IN , Olt 97062 503 . 691 . 1428 FAX 503 . 691 - 1454 PACSIMILE TRANSMI'T'TAL SKEET T nPROM. Jtunie Angel Sully (.(IMPANY: T)ATr: City of Tigard Water Dept 8/8/07 ink NUMTib.K: '1'U'I'AI.NO.01'PnfjPti INCLUOTNO f-OVHII: 503.684.7297 4 PHONE NUMBLR. SnNDUK'S RFFF.RIiN(:Ii NUbIBUIG 503.691.1428 ILL: mm RF.vuilr rn Nubavt, Dorn for water credit due to irrigation leak. ❑ URGENT ❑ FOP RI{V11rW ❑PLLASL' COMMENT (J PLL'AKR REPLY El PT.rASti RECYCT.r: We were under the impression this issue had been resolved a%of May 15,2007. We will be needing water meters for our subdivision, so please see tint this is;followed up on. Plcase call with any questions or if wC can be of assistance. C)/A Thank You, Angel Stilly Accent Homes 503-914-9482 Utility Billing Account Comments y User:Jamie Printed:08/09/2007- 1:39 PM TIGARD Customer No:030453-002 Customer Name: ACCENT RESIDENTIAL Service Address: SW AUTUMN VIEW Phone-.(503)670-4939 Date Status Comment 08/06/2007 Closed spoke to owner again today.He says that someone went out to verify leaf:was fixed informed him that was incorrect that we t/on so they could find leak:. He states again that he is not paying bill. informed him we might be able to issue a credit.JG 08/06/2007 Closed informed owner that credit will only be a partial and he will still have to pay some of bill.lie didn't like that at all.faxed him a crl form today.he stated that the City requires plumbing to be above ground for a detention facility.jg 08/0612007 Closed I contacted Mark V about code&he asked Hap&both stated that require that it is barried and not exposed. Mark stated that the irr head will have to be above ground but not the piping.Owner is very rude.Not selling any more meters for subdivision.JG 05/160-007 Closed TRAV TRIED TO MEET WITH THEM AT 9 AM AT 9:20 HE CALLED THEY NEVER MEET HIM THERE.JG 05/15/2007 Closed OWNER CALLED HE STATES I-IE IS NOT PAYING BILL.INFORMED HIM THAT LEAK MUST BE FIXED IN ORDER TO T/ON TRAY IS MEETING LANDSCAPE OUT THERL TO DE'IT-RMINE WHERE LEAK IS. HE IS THEN T/OFF AND LOCKING AGAIN.JG 03/21,12007 Closed angel w/accent clld sys they will snd ck for this on 4-10-07.am 03!20/2007 Closed LFT MESG RGRNDG PAST DUE WATER BILL.AM 01/23/2007 Closed THIS METER IS OFF AND LOCKED DUE TO A LEAK.JG UB-Account Comments(08/09/2007- 1:39 PM) Page I Utility Billing Account History Report a User Name: Jamie City Name: CITY OF TIGARD Printed: 08/09/2007- 1:40:PM Customer Name: ACCENT RESIDENTIAL Owner name: ACCENT RESIDENTIAL Account Status: Suspended Customer Address: 12583 SW AUTUMN VIEW ST Service Address: SW AUTUMN VIEW Connect Date: 09/13/2006 Final Date: TIGARD,OR 97224 Home Phone: (303)670-4939 Ext. Total Acct Balance: 4,372.56 Business Phone: ( ) - Ext. Deposits: 0.00 Refunds: 0.00 Customer Number: 030453 002 Reference Number: 400 Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8 Current Balance By Service 4,372.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 06/06/2007 Payment -5.66 -5.66 04/02/2007 Adjustment -5.66 Misread -5.66 03/28/2007 Balance 4,383.88 4,383.88 03/28/2007 Billing 5.66 5.66 03/16/2007 Letter 0.00 Final Notice 01/24/2007 Balancc 4,378.22 4,378.22 01/24/2007 Billing 4,378.22 4,378.22 Route Sequence Serial 0040-0000- 17482 Read Date Reading Consumption 01/18/2007 1,610 1,610 09/13/2006 0 0 UB-Account History List( Printed: 08/09/2007- 1:40:PM) Page: 1 Agenda Item No.: IWB Meeting Date: ® MEMORANDUM TIGARD TO: Intergovernmental Water Board Commissioners FROM: Public Works Director Dennis Koellermeier RE: Additional Tenancy in Common Agreements DATE: September 4, 2007 The IWB recently approved two tenancy in common agreements for the water building and the Canterbury property. As was the case with these two properties, there are other properties owned by IWB member jurisdictions where the owner of record is still listed as the Tigard Water District. I am seeking the Board's direction as to whether it would like to proceed with tenancy in common agreements for the following properties: ■ High Tor Reservoirs and Pump Stations ■ 10 Million Gallon Reservoir, ASR Well and Pump Station Site ■ 550-Foot Reservoir/Price Park ■ Baylor Reservoirs ■ Reservoir #2 ■ Reservoir #3 and Well #3 ■ Reservoir #4 and Well #4 ■ 132°d Street Pump Station ■ Bonita Pump Station • Menlor Reservoir ■ 150th Avenue Well Site ■ Cach Site Submitted at the IWB Meeting By: �ina;lGCc_ i��r- ��h- Date: 9- /Z Agenda Item No.: TIGARD MUNICIPAL CODE 12.10.040 Separate Connection. Consideration will be given to the City's ability to serve and to eligibility for annexation to the City A separate service connection will be of the property to be served. The City may required for each dwelling, apartment or motel, contract with other governmental entities for the place of business, and institution. All outlying provision of water. The terms of service will be buildings and premises used as a part of such defined by agreement and consistent with the dwelling place or business or institution may be terms of this Chapter. (Ord. 93-34) served from such connection, as well as all buildings on such premises operated under the one 12.10.060 Service Pipe Standard and management. City shall prescribe the number of Maintenance. buildings to be served from one meter and such determination shall be final. (Ord. 02-31; Ord. Service pipes of all sizes, within or without 93-34) the premises, whether for domestic, commercial, or fire protection purposes, must be materials, quality, class, and size as specified by the state 12.10.045 Master Metering. plumbing code or regulations of the City. The City may permit the master metering of The service pipe within the premises and more than one water service. The owner shall throughout its entire length to the water meter or designate the person who will be responsible for to the property line if the water meter is set behind the payment of all water charges and will accept the property line, must be kept in repair and service of all water related notices. If any payment protected from freezing at the expense of the is not made in full when due, the City may customer, lessee, or agent, who shall be terminate service even if partial payment is responsible for all damages resulting from leaks tendered by other occupants of the premises. (Ord. or breaks. (Ord.02-31; Ord.93-34) 02-31) 12,10.070 Credit For Water Leaks. 12.10.050 Furnishing Water. When a water leak occurs on the customer's side of the water meter resulting in an unusually The City shall not be obligated to furnish and high water bill, customers may apply for a credit. install, at its expense, system facilities for all The credit is limited to the difference between the property within the City. The City shall, so far as average wholesale cost of water multiplied by the reasonable and practicable and within its financial number of water units estimated to have leaked, means, however, provide adequate source of and the total amount of the water bill less normal supply, necessary primary feeder mains, storage usage. The average wholesale cost of water is the facilities and other improvements necessary to per unit average cost of water as established by make water service generally available to all areas the Intergovernmental Water Board at the within the City. Extensions to furnish water to beginning of each fiscal year. areas not now served by the City will be made at the expense of those persons requesting service. The application to the City for the credit Such extensions will be made by the City or by must be in writing and must include proof of the those expressly authorized by the City. All leak being fixed within 10 days of discovery of applications for line extensions to provide new the leak. service are subject to review by the City Council. 12-10-2 Code Update: 10102 TIGARD MUNICIPAL CODE Any applications for credits greater than this Oregon State Board of Health. (Included in this code section allows will be considered by the category are all pipe lines, appurtenances and Intergovernmental Water Board. (Ord. 96-39; facilities of the City system and all pipes, Ord. 96-02;Ord. 93-34) appurtenances, pumps, tanks, storage reservoirs, facilities, equipment, appliances, etc., of other 12.10.080 Jurisdiction Of Water System. systems whether located within or on public or private property, or the premises of a water The operation and repair of the City's water customer.) system, including pipes, valves, pumps, reservoirs, fixtures, etc. is the complete The City's Public Works Director or other responsibility of the City's Public Works authorized representative shall have the right, at Department. No plumber, contractor, or other all reasonable times, to enter upon private person will be allowed to connect to or operate property to inspect the premises of customers for any part of the City's water system up to and physical connections with other water supplies. including the water meter. (Ord. 02-31; Ord. 93- However, before entering upon private property, 34) the Public Works Director or other authorized representative shall obtain the consent of an 12.10.090 Waste- Plumbing- Inspection. occupant or a warrant of the Municipal Court authorizing entry for the purpose of inspection. Water will not be furnished to premises Any such connection shall be removed by the where it is allowed to run or waste to prevent customer within ten days after written notice to freezing or through defective plumbing or remove is given by the City. If not removed otherwise. Plumbing should be of high test and within the time specified, the City may remove or first class and in conformance with the discontinue any connection which it may have for appropriate codes of the jurisdiction issuing the servicing the property. building permit and where pressures may become high on 5/8" x 3/4" and I" meters, a pressure No search warrant shall be issued until an regulator may be installed at the meter by the City affidavit has been filed with the Municipal Court to control varying pressures. (On meters l 1/2" showing probable cause for the inspection by and larger, customer is responsible for installing a stating the purpose and extent of the proposed pressure regulator.) The City will not be inspection citing this Chapter as the basis for the responsible for damage from varying pressures. inspection whether it is an inspection instituted by The Public Works Director or authorized person complaint or other specific or general information may inspect pipes and plumbing at proper times. concerning physical connections with water (Ord.93-34) supply systems violations. 12.10.100 Physical Connections With No person shall interfere with or attempt to Other Water Supplies Or prevent the Public Works Director or other Systems. authorized representative from entering upon private premises and inspecting the property when Neither cross connections nor physical an emergency exists or the Public Works Director connections of any kind shall be made to any or authorized representative exhibits a warrant other water supply, whether private or public, authorizing entry. (Ord. 93-34) without the written consent and approval of the City Council, and the written approval of the 12.10.110 Cross Connection Control 12-10-3 Code Update: 10102 TIGARD MUNICIPAL CODE and file necessary documents. Errors in billing or collection shall be corrected in (c) Delinquent utility charges may be a timely manner by the City. Resulting credits on collected by turning the uncollected balance over accounts or refunds shall be made as to the Washington County Tax Assessor for expeditiously as possible. Disputed billings or inclusion on tax bills as allowed by ORS 454.225. other collection transactions shall be dealt with as This method of collection shall only be used if the follows: user of the services being billed is also the owner of the premises connected to the system. The In recognition of the need for exceptions in some owners approval must be received in writing cases, authority is granted as follows for allowing the turnover. Accounts being collected adjustments to utility charges and to the in this manner shall be charged a turnover fee and implementation of payment agreements. All shall be turned over to the Assessor each year by waivers granted under 12.03.060 (a) (b) shall be July 15. reported to the Intergovernmental Water Board each month upon their request. (d) Delinquent utility charges may also be collected by disconnecting utility services. (a) The Finance Director or designee shall Disconnection may involve the physical have the authority to waive utility charges up to disconnection of incoming or outgoing utility $250.00. Such waiver may be made based upon a service pipes and facilities. Disconnection shall written request from the customer and for good only be pursued with the approval of the City cause. Good cause may include but is not limited Manager. Actual costs of disconnection shall be to correction of user or account information, calculated and must be paid by the utility service failure of the City to send a bill, demonstrated user before reconnection is established. (Ord. 02- failure of a user to receive a bill, correction of 29) measurement of either fixture units or equivalent service units and adjustments to the time in which 12.03.050 Other Fees And Charges. requester became the user. Waivers may include returned check charges, disconnection charges or (a) Returned Check Charge - A charge will utility charges. be added to accounts for any checks returned from the bank unpaid for any reason. The charge shall (b) The City Manager or designee shall be set by resolution of the City Council. have the authority to waive utility charges up to $500.00. Such waiver must be made based upon a (b) Repair or Replacement of Water Meters written request from the customer and for good and Services - Once installed, any costs cause as defined in subsection (a). The City associated with the repair or replacement of Manager shall receive a written report of findings damaged or missing meters and services will be from staff and then weigh the evidence presented charged to the owner of the property. Such costs by the customer and the staff before making any may include but are not limited to gaskets, meter such waiver. boxes, lid inserts, meters, pressure regulator valves, related labor, equipment, vehicles, and (c) Any requests to waive utility charges materials. (Ord.02-29) above $500.00 shall be made in writing to the Intergovernmental Water Board. The Finance 12.03.060 Utility Charge Adjustments Director or designee may schedule the request on And Payment Agreements. the next available agenda and so notify the 12-03-3 Code Update: 10102 TIGARD MUNICIPAL CODE customer at least one week in advance. All materials related to the request shall be made available to the Board and the customer may be allowed to make a presentation to the Board at the discretion of the Board Chairman. (d) The City may enter into a payment agreement with a customer to facilitate the payment of delinquent utility charges. Such agreements shall not exceed the term of three years,current charges must be paid when due,and the agreement must be signed by both parties and must be a legally binding agreement. Breach of such an agreement by the customer shall result in further collection efforts. Payment agreements for amounts over $10,000 must be approved by the Tigard City Council. (Ord.02-29) 12.03.070 Customer Appeal Process. (a) Customers shall have the right to appeal billing decisions made by staff. If a customer is not satisfied with a decision, the customer may appeal to the Finance Director within fourteen days of the decision in writing explaining the issue and justification for the customers position. Finance Director decisions may be appealed to the City Manager within fourteen days of the decision in a similar fashion. City Manager decisions may be appealed within fourteen days of the decision to the Intergovernmental Water Board. Board decisions are considered final. (Ord. 02-29, Ord. 96-02). ■ 12-034 Code Update: 10102 Agenda Item No.: 1 WB Meeting Date: MEMORANDUM TIGARD TO: Intergovernmental Water Board Commissioners FROM: Public Works Director Dennis Koellermeier RE: Additional Tenancy in Common Agreements DATE: September 4, 2007 The IWB recently approved two tenancy in common agreements for the water building and the Canterbury property. As was the case with these two properties, there are other properties owned by IWB member jurisdictions where the owner of record is still listed as the Tigard Water District. I am seeking the Board's direction as to whether it would like to proceed with tenancy in common agreements for the following properties: ■ High Tor Reservoirs and Pump Stations ■ 10 Million Gallon Reservoir, ASR Well and Pump Station Site ■ 550-Foot Reservoir/Price Park ■ Baylor Reservoirs ■ Reservoir#2 ■ Reservoir#3 and Well #3 ■ Reservoir#4 and Well #4 ■ 132nd Street Pump Station ■ Bonita Pump Station ■ Menlor Reservoir ■ 150th Avenue Well Site ■ Cach Site Tualatin Project Title Transfer Partnership Submitted at the IWB Meeting MEMORANDUM By: A1077 - a- Date• September 5, 2007 Date: 9'/Z'D- Agenda Item No.: To: Tualatin Project Title Transfer Partners From: Tom VanderPlaat, Tualatin Basin Water Supply Project Manager Subject: Request Authorization for Clean Water Services to sign the Title Transfer Investigation - Memorandum of Agreement(MOA) with Bureau of Reclamation on behalf of the Tualatin Project Title Transfer Partners. The title transfer process began with a resolution to support consideration of Title Transfer from the governing bodies of the repayment contract holders for the existing facilities. These agencies include the Tualatin Valley Irrigation District(TVID), Clean Water Services, the cities of Hillsboro, Beaverton, and Forest Grove,the Lake Oswego Corporation(pending), and Washington County. Other water supply partners including Tualatin Valley Water District and the City of Tigard will participate as well. The partners involved in the Tualatin Basin Water Supply Project have recently begun consideration of Bureau of Reclamation's Title Transfer Program. The United States Bureau of Reclamation maintains title of all existing facilities of the Tualatin Project(Scoggins Dam, Hagg Lake with adjoining lands,Tualatin Valley Irrigation District facilities, recreational facilities, etc.). The Title transfer program provides for reviewing the elements of transferring title from the US Bureau of Reclamation to local ownership. The potential benefits of Title Transfer include more flexibility and efficiency as a result of local control,and improved integration to meet water resource management challenges. Reclamation has developed a framework for title transfers as a policy direction for more efficient and effective management of facilities through local ownership. Local water resource agencies involved in the Water Supply Project formed a study committee to determine the feasibility of title transfer and brought their findings to the Tualatin Basin Water Supply Project Policy Steering Committee(PSC) made up of elected and appointed officials from each of the partners in the project. The PSC unanimously recommended that the partners proceed with the investigation of Reclamation Title transfer program. The next major step for Title Transfer is to negotiate and sign a MOA with Reclamation for the investigation of the Title Transfer and complete various tasks, such as a comprehensive facilities assessment and environmental review. The MOA provides for specific roles and responsibilities for Reclamation and the Partners. The main elements of the MOA are as follows: 1. Contracting with consultants for completing Environmental Review work(NEPA) and other applicable local, state and federal processes. 1 September 11, 2007 Tualatin Project Title Transfer Partnership 2. Pay reasonable costs for performing the obligations under the terms of the MOA. 3. Obtain surveys and title searches for facilities to be transferred 4. Define the governance structure for the entity formally designated to receive title. 5. Develop agreements with other entities and/or individuals to define how the existing operations will remain unchanged. A copy of the draft MOA is attached for your information. As provided in the Tualatin Basin Water Supply Project- Joint Funding Agreement (JFA), Clean Water Services provides project management(Section 3) services to seek and retain contracted services to complete the various studies and tasks for the Water Supply Project. Due to the need to maintain title transfer schedule and improve efficiency for its completion, it is suggested that Clean Water Services provide project management services for the Title Transfer and be authorized to sign the MOA with Reclamation on behalf of the Water Supply Partners and other Tualatin Project entities (Tualatin Valley Irrigation District, Lake Oswego Corporation and Washington County). The signing of the MOA obligates the partners and entities to investigate Title Transfer, but does not bind them to complete the transfer. The decision to complete the transfer will be part of a future action. The funding of the title transfer investigation is in the existing approved JFA budget. Clean Water Services has provided the project management services on behalf of Tualatin Basin Water Supply Partners since 2001. These services included hiring contracted services to complete the studies and tasks for the Water Supply Feasibility Study and the Draft Planning Report/Environmental Impact statement (PR/EIS). A key element for both the Study and PR/EIS has been the coordination with Reclamation for a variety of project elements. The Partner's staff members will continue to assisting with selection and review of contracting services and other project processes. The requested action is to authorize Clean Water Services to sign the MOA on behalf of the Tualatin Project Partners with Reclamation for the investigation of Title Transfer. 2 September 11, 2007 Reclamation Agreement No.: MEMORANDUM OF AGREEMENT BETWEEN UNITED STATES OF AMERICA,DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION,LOWER COLUMBIA AREA OFFICE AND THE TUALATIN PROJECT TITLE TRANSFER PARTNERS PRELIMINARY DRAFT- August 21, 2007 This Memorandum of Agreement(MOA)is made pursuant to the Reclamation Act of June 17, 1902(32 Stat. 388)and acts amendatory thereof or supplementary thereto, between the UNITED STATES OF AMERICA,acting through the Lower Columbia Area Office,Bureau of Reclamation, Department of the Interior,hereinafter referred to as Reclamation, and the TUALATIN PROJECT TITLE TRANSFER PARTNERS(PARTNERS),a group of entities involved in water supply/management issues in the Tualatin River basin and organized under the laws of the State of Oregon., hereinafter referred to as the Partners. WHEREAS,the Partners as defined in this MOA include the following entities: Tualatin Valley Water District(TVWD)and the cities of Hillsboro,Beaverton,Forest Grove, and Tigard,who together make up the Joint Water Commission(J-WC);Tualatin Valley Irrigation District(TVID); Clean Water Services(CWS); Lake Oswego Corporation, and Washil1gt9n County; and WHEREAS,the Partners intend to seek Congressional authorization to transfer all rights,title,and interest held or claimed by the United States in and to any portion of the dam,reservoir,pumping stations,distribution systems, recreational facilities and associated lands and rights-of-way and any other portion of the Tualatin Project, including water rights and mineral rights held by the United States for the benefit of TVID, the cities of Hillsboro,Beaverton and Forest Grove,CWS,Lake Oswego Corporation and Washington County; and WHEREAS, the Partners include TVID, the cities of Hillsboro,Beaverton and Forest Grove, CWS, Washington County, and Lake Oswego Corporation,entities which have entered into repayment and other contracts with the United States and which are currently making or have made payments in accordance with such contracts for storage capacity and/or recreational facilities in the Tualatin Project reservoir, construction of pumping and distribution systems,conveyance of water,and/or operation of such facilities; and WHEREAS,the Partners and Reclamation have been cooperating on studies to assess alternatives for meeting future water supply needs in the Tualatin River basin and are currently working on a Draft Planning Report/Environmental Impact Statement(PR/EIS)to evaluate alternatives involving a potential dam raise at Scoggins Dam,a feature of Reclamation's Tualatin Project; and WHEREAS,the Partners have requested that Reclamation consider title transfer with or without a dam raise project, in order to gain greater local control and autonomy with a goal of localizing Project decisions. 1425-07MR1 S7064 Page 1 WHEREAS, Reclamation intends to request the public's assistance in identifying issues and concerns associated with the proposed action of title transfer as required by the National Environmental Policy Act of 1969,as amended,42 U.S.C.4321,et. seq. (hereinafter referred to as NEPA),through a scoping letter and will receive comments from interested parties to the proposed transfer;and WHEREAS,Reclamation and the Partners intend to prepare environmental reports and other documents to support Reclamation's completion of NEPA analysis,documentation, and compliance for the proposed transfer; and WHEREAS, Reclamation has the ultimate responsibility to conduct the environmental analyses associated with NEPA compliance and has adopted guidelines for such analyses; and WHEREAS, Reclamation represents to the Partners that,at this time,Reclamation has no specific authorization or funds appropriated for paying costs associated with this proposed title transfer; and WHEREAS,the Partners intend to seek Congressional authorization and appropriation of funds necessary to accomplish the proposed title transfer; and WHEREAS,the Partners and Reclamation agree to proceed with the proposed title transfer process in accordance with Reclamation's August 1995 Framework for the Transfer of Title. NOW THEREFORE,the parties agree as follows: I. Implementing Actions 1. The Partners,subject to Reclamation's review as appropriate,will: a. As necessary, contract with a consultant,to be reviewed with Reclamation,to conduct appropriate activities to prepare environmental reports for Reclamation's use in completing NEPA analysis and preparing NEPA documentation on the proposed title transfer,and comply with ESA,NHPA,and other applicable State and Federal laws as required. b. Pay for Reclamation's reasonable costs in performing its obligations under this MOA, or performing any other activities as mutually agreed to by the parties in the manner hereinafter provided,with the exception of costs specifically defined as to be paid by Reclamation in Sections Ell.a and Il1.b of this MOA. c. Obtain the necessary surveys and title searches for the facilities and rights-of-way to be transferred. d. Define the governance structure for the entity formally designated to receive title, including: delineations of roles and responsibilities of Partner members within such entity; and designate specific Partners which may receive title to specific facilities,properties,rights, and/or interests, if any. The Partners will also establish and formalize a governance structure that is approved by the Secretary and the State of Oregon,and provide Reclamation with a copy of the documentation that evidences the related agreement among the Partners. e. As necessary and appropriate, develop agreements with other entities and/or individuals to define how operations will remain unchanged,or the degree to which they will change,as projected for the period after the proposed transfer, including but not limited to: Project operations and maintenance; recreational facilities and operations; flood control operations; 1425-07MRIS7064 Page 2 mitigation responsibilities;cultural resource protections; dam safety procedures; interactions with private landowners; and other issues that may be mutually identified by the parties during the title transfer process. f.Provide, for Reclamation's review and consideration,an initial definition of specific water rights and mineral rights which the Partners intend for inclusion in the proposed title transfer. 2. Reclamation,in cooperation with the Partners,will: a. Plan and complete all measures necessary for compliance with NEPA,including NEPA analysis,preparing NEPA documentation,and any and all other necessary compliance activities relative to the proposed transfer. Reclamation and the Partners agree that the development of an environmental assessment(EA)that will adequately fulfill Reclamation's NEPA obligations for the title transfer Reclamation will make the final determination for meeting its NEPA obligations. The EA will provide for a review of the processes and programs for the Draft PR/EIS to evaluate alternatives involving a potential dam raise at Scoggins Dam,a feature of Reclamation's Tualatin Project. The review will address the effects of a dam raise under local ownership versus federal ownership. Reclamation recognizes that the Partners have an interest in maintaining a timely schedule for the title transfer. b.Monitor the work of the Partners and/or any consultants engaged by the Partners to ensure compliance with procedural requirements of NEPA,ESA, NHPA,and other State and Federal laws applicable to the proposed transfer. c.Review environmental report documentation prepared by the Partners/consultants to determine the sufficiency of the information for Reclamation to conduct the appropriate level of NEPA compliance, analysis,and documentation for the proposed transfer. As lead agency for NEPA compliance, final NEPA documentation will be the responsibility of Reclamation. d. Communicate with the U.S. Fish and Wildlife Service and the NOAA Fisheries Service as appropriate and necessary to comply with Section 7 of the Endangered Species Act, request and pursue consultation. e. Identify and/or inventory and consult with Tribes on Indian Trust resources and Traditional Cultural Properties impacted by the proposed transfer. In accordance with Section 106 of the NHPA,NAGPRA,and other applicable historic properties and cultural resources law or regulation,Reclamation will ensure the completion of any additional cultural resources investigations necessary to identify significant cultural resources on the subject lands, and prior to transfer will ensure that any adverse effects of transfer of Federal lands or easements to a non-Federal entity are appropriately addressed. f. With the exception of those records that may be withheld pursuant to the exemptions under the Freedom of Information Act or pursuant to Reclamation security restrictions,make available to the Partners all records pertinent to:the design,construction,and operations and maintenance for Tualatin Project facilities; associated rights-of-way, easements,and real property; and third- party agreements to be included in the proposed transfer. g. Perform other technical or administrative tasks associated with the proposed transfer as mutually agreed to in advance in writing by both parties. 1425-07MRIS7064 Page 3 h. Seek prior approval from the Partners,to contract with another person or entity for any of Reclamation's obligations herein,and such costs, including Reclamation's actual costs for administering the contracts,except as excluded below, shall be paid by the Partners. i. Ensure that all contracts or obligations entered into by Reclamation relating to this MOA contain provisions for cancellation,wherein the contracts or obligations may be terminated at any time upon the written request of the Partners,and the Partners will only be responsible for costs and expenditures incurred up to the date of termination. j. Provide copies,if requested,to the Partners of all contracts,docu;%pnts, invoices,and other writings which evidence obligations pursuant to this MOA { ns c k. Ensure that the costs billed to the Partners by Reclamation and any other person or entity Reclamation contracts with to perform any of the obligations pursuant to this MOA, including Reclamation's actual costs of administering the contracts, shall be actual and reasonably necessary costs incurred to complete the proposed transfer activities. 1. Provide the Partners cost billings quarterly,or more frequently if requested by the Partners, until the proposed title transfer investigation is complete. With each cost billing, Reclamation will itemize costs for all work performed and materials used in performing obligations under this MOA. m. Within,30 days of the signing of the MOA, Reclamation will provide an overall work plan including a scope of work and project schedule for the title transfer investigation process. No less than seven(7)days prior to the first of each quarter, Reclamation will,upon request, provide the Partners with an itemized cost list of Reclamation's estimated actions and expenses for the upcoming quarter, including a list of all activities to be performed, all Reclamation or contract personnel to perform such activities together with their hourly rates,beginning and ending dates and total time to perform each activity,and all materials and materials costs. If acceptable to the Partners,the Partners shall promptly provide Reclamation with written notification of approval together with a remittance of sufficient funds to pay the approved costs. If not acceptable to the Partners,the Partners and Reclamation shall consult prior to the first of the quarter to resolve issues pertaining to the cost list. n. Conduct a final asset valuation to finalize the June 16,2006 preliminary valuation and to determine the value of the project features proposed for transfer and any revenue streams thereof, and negotiate with the Partners regarding adjustments to the value if appropriate. o. Provide for, if required, an independent financial review of any adjustment to the asset value. p.Complete an environmental site assessment(hazardous materials survey)of facilities and associated real property and rights-of-way proposed for transfer. q. Prepare a complete list of all Tualatin Project features that will be transferred should the Partners agree to pursue title transfer subject to Hb. Il. Areas of Mutual Responsibility a. The Partners and Reclamation will appoint principal contacts(See section VII of this MOA) to coordinate activities necessary to complete the proposed transfer. All requests relating to the proposed transfer described under this MOA will go through the principal contacts. 1425-07MRIS7064 Page 4 b.The Partners and Reclamation will ensure completion of all activities required to comply with NEPA,ESA,NHPA, and other State and Federal laws applicable to the proposed transfer, including development of an inventory of facilities,lands,rights-of-way, easements,and other elements proposed for transfer to serve as a basis for the proposed action to be analyzed during NEPA compliance. c.The Partners and Reclamation will provide for public notice as deemed necessary and appropriate by both parties to comply with NEPA. d. The Partners and Reclamation will cooperate to evaluate how aid to irrigation(ability to pay) and preference rates for pumping power would be affected by title transfer,including communications with Bonneville Power Authority. Reclamation will determine the legal and policy controls that will ultimately govern viable approaches for addressing these issues. e.To the degree that funding is available,Reclamation will cooperate with the Partners on investigations and/or other assessments of existing facilities that may be relevant to potential negotiations regarding future costs for facility upgrades that may be anticipated with or without a title transfer. f. The Partners and Reclamation will cooperate to'identify and evaluate specific liability issues relevant to the proposed title t d to work toward reaching an agreement as to how such liability issues will be addressed g. The Partners and Reclamation will cooperate to identify and evaluate specific water rights issues relevant to the proposed title transfer, and to work toward reaching an agreement as to how such water rights issues will be addressed. h. The Partners and Reclamation will cooperate to develop and agree to an inventory list of facilities to be transferred and an understanding of operations and maintenance tasks and costs as experienced for recent Project operations. i. The Partners and Reclamation will cooperate to develop and agree on an approach for implementing appropriate cultural resource and historic property surveys and consultations. j. The Partners and Reclamation will cooperate to conduct the proposed transfer investigation process in a manner that ensures appropriate public and landowner participation,as deemed necessary and appropriate under NEPA requirements. k. Should the activities described in this MOA lead to a mutual intent for the Partners and Reclamation to implement a title transfer if so directed by Congress,the parties will work to develop a Transfer Agreement that defines the terms and conditions of the transfer and which can serve as a reference for related transfer legislation. 1. In the event that Congress directs Reclamation to transfer title as contemplated in this MOA and a future Transfer Agreement, Reclamation will prepare a quitclaim deed to transfer title to the relevant facilities,real property, and rights-of-way from the United States to the Partners. If the Partners or Reclamation become aware of additional facilities,real property, and/or rights- of-way at a later date that both parties agree are within the original intent of the title transfer, such facilities,real property, and/or rights-of-way will be transferred accordingly. 1425-07MR157064 Page 5 m. The Partners and Reclamation agree that any of the responsibilities of either party under this MOA may become the responsibility of the other party if agreed to by both parties in writing, unless prohibited by law or regulation. n. The Partners and Reclamation agree that payment in advance for Reclamation costs or completion of any or all aspects of this MOA does not guarantee that title will be transferred for any or all of the relevant facilities,real property,and rights-of-way named in this MOA or that transfer of title will be approved by Reclamation and/or the Congress of the United States. o. Within the first 10 days of each ensuing month,the Partners will provide Reclamation's principal contact listed in Section VII,Principal Contacts,with an itemized list of costs incurred the month prior on the proposed transfer of title investigation. This itemized list shall be sent each month until the proposed title transfer investigation is complete,and must itemize costs incurred by the Partners by category, expenditures for the month, and total costs to date. Once received,Reclamation will compare the Partners' itemized list of costs to costs incurred by Reclamation to ensure the Parties are meeting the intent established under Section III, Areas of Mutual Agreement. At the end of each quarter, Reclamation will determine if additional funds are needed to cover Reclamation's estimated expenses for the upcoming quarter,and if so,a Bill for Collection will be sent to the Partners, as outlined in provision IV.c,Budget and Payment,Advance Payment. III. Areas of Mutual Agreement a. All necessary and reasonable costs of complying with NEPA incurred as a direct result of pursuing title transfer investigation shall be paid in equal shares by Reclamation and the Partners. b. All costs of performing environmental site assessments(hazardous material surveys)incurred as a direct result of pursuing title#ransfer investigation shall be paid by Reclamation. ti c. All administrative costs not addressed in(a)and(b)above which have been mutually agreed to by the parties shall be paid by the Partners. d. Reclamation agrees to allocate such funds as may be available for the performance of tasks that are defined under this MOA as tasks for which costs are to be paid by Reclamation. If Reclamation does not have allocated funds for their share,the Partners may advance funds to Reclamation. Reclamation shall credit the Partners' for any funds the Partners advance and apply the credit toward the final title transfer payment in the title transfer agreement. e. Reclamation agrees to take the necessary steps to minimize costs for activities associated with the proposed title transfer investigation. IV. Budget and Payment: a. Authority. Reclamation may provide the services outlined in this MOA pursuant to the Intergovernmental Cooperation Act, 31 U.S.C. § 6505,and OMB Circular A-97,as well as related laws,rules, regulations and orders. Reclamation may receive—and may expend funds received—for investigations and other work involving operations similar to those provided for by the Reclamation law pursuant to the Contributed Funds Act of 1921,43 U.S.C. § 395. 1425-07MRIS7064 Page 6 b.Application of Contributed Funds. Funds contributed by the Partners will be used to pay for costs incurred by Reclamation associated with the implementing actions as described in this MOA. c.Advance Payment. The Partners agree to provide payment in advance of Reclamation's performance of tasks outlined in this MOA. Funds contributed by the Partners will be used to pay for costs incurred by Reclamation associated with the proposed title transfer investigation as described herein. Bills,statements,and correspondence associated with this MOA shall be directed to: (PARTNERS'contact to be determined) f t4 d. Separate Account. Reclamation shall deposit funds contributed by the Partners under this MOA into a Reclamation reimbursable account for use on the "TUALATIN PROJECT Proposed Title Transfer"project. Reclamation shall at all times hold the Partners funds separate from all other funds and shall not commingle said funds with any other funds. The Partners shall submit an initial advance payment of$5,000 for this account and shall deposit funds in this account by the end of each quarter in order to reestablish a positive balance of not less than $1,000,and no more than the anticipated costs for the upcoming quarter. e. Insufficient Payment. In the event that funds contributed by the Partners are not sufficient to cover all costs incurred by Reclamation, or if this MOA is terminated by either party, Reclamation will cease work to the extent possible and notify the PARTNERS of the deficiency. The Partners will be responsible for costs incurred by Reclamation for all activities that Reclamation is unable to cancel after reasonable diligence. f.Address for Return of Funds to the Partners. Reclamation shall return unexpended funds after the termination or expiration of this MOA to the Partners to: (Partners'contact to be determined) g. Address to Send Payments to Reclamation. The Partners shall make all payments payable to Bureau of Reclamation. The Partners shall notify Reclamation of each deposit by sending notification via email to_(Reclamation contact to be determined). The Partners shall remit all payments to Reclamation's lockbox at: Bureau of Reclamation PN Region: Pacific Northwest PO Box 894240 Los Angeles,CA 90189-4240 V. Modifications Modifications to this MOA shall be made by mutual consent of the parties,by the issuance of a written modification, signed and dated by the parties,prior to any changes being made. Proposed modifications that may affect pending legislation will be reviewed by Reclamation and the Partners to determine if it is appropriate to advise Congress before effecting such changes,at each party's discretion. VI. Period of Performance 1425-07MR1 S7064 Page 7 This MOA shall become effective on the date of last signature hereto and shall remain in effect until (date to be determined)or upon full execution of a title transfer agreement,whichever occurs earlier, unless renegotiated and/or renewed,in writing,by mutual consent of both parties. Either party may terminate its obligations and duties under this MOA at any time upon thirty(30)days written notice to the other party. All duties and obligations of both parties under this MOA will cease at that time except as the MOA provisions relate to outstanding accounting and reimbursement of the parties' expenses. VII. Principal Contacts The principal contacts for this MOA are: Reclamation Partners (to be determined) (to be determined VIII. General Provisions a. Reclamation and the Partners pledge their indivl� �good faith to seek prompt '"ir agreement on all issues relating to the proposed transfer. r b. The Partners agree that the following language will lie incorporated in any legislation language submitted to Congress and that inclusion of this language into law will be actively supported: "Effective on the date of the conveyance of the facilities described in Section ,the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed facilities,except for damages caused by acts of negligence committed by the United States or by its employees, agents,or contractors prior to the date of conveyance. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act(28 U.S.C. 2671 et seq.). c. The Partners agree that the following language be incorporated into any quitclaim deed: (i)Grantee accepts these facilities,premises, and appurtenances"as is." (ii)CERCLA Environmental Covenants and Stipulations: 1. Grantee stipulates that it would be a potentially responsible party, should a release have occurred on relevant real property and rights-of-way during Grantee's operation of the facilities under contract with the Grantor. 2. To the extent the United States is determined responsible,and to the extent allowed, Grantor warrants that any response action or corrective action found to be necessary after the date of the transfer shall be conducted by the United States. 3. Grantee grants the United States access to relevant property in any case in which a response action or corrective action is found to be necessary by the United States after such date at such property,or such access is necessary to carry out a response action or corrective action on adjoining property. 1425-07MR1 57064 Page 8 d.Nothing herein shall be construed to obligate Reclamation to expend or involve the United States in any contract or other obligation for the future repayment of money in excess of appropriations authorized by law and administratively allocated for the purposes and projects contemplated hereunder. e. No Member of or delegate to Congress, or resident Commissioner,shall be admitted to any share or be part of this MOA or receive any benefit that may arise out of it other than as a water user or landowner in the same manner as any other water user or landowner. Signatures IN WITNESS WHEREOF, the parties hereto have executed this MOA as of the last date written below. UNITED STATES OF AMERICA Ronald J. Eggers, Area Managerdte Lower Columbia Area Office , Bureau of Reclamation Clean Water Services Bill Gaffi,General Manager Date tl: 1425-07MR1 S7064 Page 9 STATE OF IDAHO ) :ss County of ) On this day of , 2007,personally appeared before me ,to me known to be the official of the UNITED STATES OF AMERICA that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the (SEAL) State of Idaho Residing at: My commission expires: A�g0i: $, kh # X7`3.4 int ;4ai.y" i RP 44.i Z X �bk kk w Yf�Yi, s Y�k - c ski z> ki}ct aS 4X,1 i Al 1425-07MRIS7064 Page 10 STATE OF OREGON ) County of Washington ) On this day of ,2007,personally appeared before me ,to me known to be the official of the PARTNERS that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said Partners, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execupe said instrument. IN WITNESS WHEREOF, I have hereunto set my .d [ affixed my official seal the day and year first above written. ` \ ='Oregon Public in and ' h(Seal) Residing at: My commission expires: P. =V +jMi f ii-1 ^iyN1 { AA fi5 iFti;. iG+il*'4 ri :i13 a 4 { \ a r id fi 'F��13; ii 1425-07MRIS7064 Page 11 Distributed to IWB Members Via: OE-mail ❑Mail 'Iln-person at meeting September 14,2007 Intergovernmental Water Board C/o Greer Gaston City of Tigard 13125 SW Hall Blvd,Tigard, OR 97223 Re;Reuse Water Dear Board members, Thanks for the second effort given to the matter of water conservation and the reuse of affluent from the Durham Treatment Facility. Special thanks for contacting Clean Water Services and having their representative, Mark Dockers, come and explain some of the "in's and out's" of theirs and others regulations and allowable current affluent uses. Mark spoke of many barriers to success regarding the ability to substitute reuse water for potable water. I feel confident that with your support, along with public backing and finances,we can overcome any barriers that may prohibit our use of this water source. This may also help with the problems Mark explained for the growing population and growing discharge from the treatment plant. The significance and importance of all this rests on the fact that the City of Tigard is without enough water and / or a conservation plan to keep up with the potential future demand. By planning now, we can have both and at an affordable price. The bonus is that we are able to improve the downtown with all of its Green Street Features. Mark spoke of the environmental hurdle's that needs to be overcome and the unknown timeframe for resolution. Without total confidence several of us believe that those needs can and will be met. Hopefully, this will be met before construction constraints have been passed over. Initially, laying a "PURPLE PIPE" in the ground down Burnham Street before it is paved over will be the first goal to be met. Secondly, to insure that there will be water to go in it. Again thanks for your time and consideration. Without you the dream of a Green Tigard will not happen. I will try and to keep you informed of our progress in the future. Sincerely, Marland Henderson 12950 SW Pac. Hwy.,Tigard,Oregon,97223 (V) 503-639-5537 (F) 503-639-3663 Cc: Mark Dockers City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 i Phone. 503-639-4171 �rT I�GA IR D ' FAX TRANSMITTAL Date September 6, 2007 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#: 503.718.2592 SUBJECT: Intergovernmental Water Board Meeting Notice and Agenda MESSAGE: Please post the attached notice and agenda for the upcoming meeting of the Intergovernmental Water Board. Iliank you. I%ENGWAX.DOT Intergovernmental Water Board Se ming Tigard, King City, Durham and Unincorporated Area MEETING NOTICE Wednesday, September 12, 2007 5 :30 p.m. City of Tigard Water Auditorium 8777 SW Burnham Tigard, Oregon 97223 Questions? Contac[ the City of Tigard at 503.639.4171 Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and the Unincorporated Area AGENDA Wednesday, September 12, 2007 Tigard Water Building 5:30 p.m. 8777 SW Burnham Street Tigard, Oregon 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call 2. Approval of Minutes —August 8, 2007 Motion from the Board to approve the minutes 3. Public Comments Call for comments from the public 4. Accent Residential Homes Credit for Leak Request - Amanda Bewersdorff 5. Discussion on the Use of Reclaimed Water in Downtown Tigard and Policy and Incentives for Stormwater Diversion - Clean Water Services Representative 6. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Brian Rager 7. Water Supply Options - Brian Rager& John Goodrich 8. Informational items 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meeting - October 10, 2007, 5:30 p.m. Tigard Water Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment 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. Questions? Contact the City of Tigard at 503.639.4171 hp LaserJet 3380 h P Tigard PW Annex n v e n t 5037182401 Sep-10-2007 07:43 Fax Activity Log Job Date Time Type Identification Duration Pages Result 994 8/31/2007 13:07:33 Receive 503 579 0881 1:05 2 OK 995 8/31/2007 13:41:35 Receive 503 581 7863 1:29 4 OK 996 8/31/2007 15:17:03 Receive 503 579 0881 0:59 2 OK 997 8/31/2007 15:40:06 Receive 503 579 0881 0:57 2 OK 998 9/ 1/2007 08:20:19 Receive 0:26 1 OK 999 9/ 2/2007 08:20:56 Receive 0:29 1 OK 0 9/ 3/2007 08:20:47 Receive 0:35 1 OK 1 9/ 4/2007 08:20:39 Receive 0:35 1 OK 2 9/ 4/2007 08:37:29 Send 5035478001 0:35 2 OK 3 9/ 4/2007 08:40:13 Send 5033563118 0:33 1 OK 4 9/ 4/2007 10:26:52 Receive 0:38 0 No Fax Detected 5 9/ 4/2007 10:27:51 Receive 0:39 0 No Fax Detected 6 9/ 4/2007 11:31:10 Send 15037387692 1:16 2 OK 7 9/ 4/2007 13:42:14 Send 15035817863 0:51 1 OK 8 9/ 4/2007 13:44:11 Receive 0:23 2 OK 9 9/ 4/2007 14:44:59 Receive 5032590444 1:01 3 OK 10 9/ 4/2007 15:46:33 Receive 5036492733 0:16 1 OK 11 9/ 4/2007 17:13:27 Receive 5036492733 0:20 1 OK 12 9/ 5/2007 08:20:29 Receive 0:27 1 OK 13 9/ 5/2007 10:34:53 Receive 5035988368 0:33 1 OK 14 9/ 5/2007 13:24:08 Send 5036246327 1:03 2 OK 15 9/ 5/2007 15:43:14 Receive 503 581 7863 0:33 1 OK 16 9/ 5/2007 16:30:47 Receive 5036433384 0:51 2 OK 17 9/ 6/2007 08:20:58 Receive 0:33 1 OK 18 9/ 6/2007 08:50:08 Send 9716730457 0:52 4 OK 19 9/ 6/2007 09:03:36 Receive 5036404518 2:26 14 OK 20 9/ 6/2007 11:45:07 Receive 5036847213 1:22 5 OK 21 9/ 6/2007 12:06:01 Receive 503 823 7024 0:44 1 OK 22 9/ 6/2007 17:24:18 Monitor Dial 0:00 0 Stop 23 9/ 6/2007 17:25:27 Send 5036393771 1:41 3 OK 24 9/ 6/2007 17:27:18 Monitor Dial 0:00 0 Stop 25 9/ 6/2007 17:27:57 Send 0:00 0 No Answer 26 9/ 7/2007 08:20:49 Receive 0:28 1 OK 27 9/ 7/2007 08:39:22 Send 5035988595 2:25 3 OK 28 9/ 7/2007 09:04:21 Receive ConSery Co. 0:24 1 OK 29 9/ 7/2007 09:25:17 Send 19077542200 1:04 3 OK 30 9/ 7/2007 10:41:09 Receive 1:08 2 OK 31 9/ 7/2007 16:00:03 Send 5032808162 1:04 3 OK 32 9/ 8/2007 08:21:27 Receive 0:27 1 OK 33 9/ 9/2007 08:21:18 Receive 0:31 1 OK 0 hp LaserJet 3380 P Tigard PW Annex i n v e n t 5037182401 Sep-6-2007 17:30 Fax Activity Log Job Date Time Type Identification Duration Pages Result 986 8/30/2007 13:43:01 Receive 0:46 4 OK 987 8/30/2007 14:02:19 Receive +5036926681 0:27 1 OK 988 8/30/2007 14:57:06 Send 5032176180 2:47 4 OK 989 8/30/2007 16:09:20 Receive 5036847213 0:21 1 OK 990 8/31/2007 08:20:28 Receive 0:38 1 OK 991 8/31/2007 09:18:05 Send 5035460724 1:04 2 OK 992 8/31/2007 10:06:38 Send 5035460724 1:02 2 OK 993 8/31/2007 13:05:45 Receive 0:49 0 No Fax Detected 994 8/31/2007 13:07:33 Receive 503 579 0881 1:05 2 OK 995 8/31/2007 13:41:35 Receive 503 581 7863 1:29 4 OK 996 8/31/2007 15:17:03 Receive 503 579 0881 0:59 2 OK 997 8/31/2007 15:40:06 Receive 503 579 0881 0:57 2 OK 998 9/ 1/2007 08:20:19 Receive 0:26 1 OK 999 9/ 2/2007 08:20:56 Receive 0:29 1 OK 0 9/ 3/2007 08:20:47 Receive 0:35 1 OK 1 9/ 4/2007 08:20:39 Receive 0:35 1 OK 2 9/ 4/2007 08:37:29 Send 5035478001 0:35 2 OK 3 9/ 4/2007 08:40:13 Send 5033563118 0:33 1 OK 4 9/ 4/2007 10:26:52 Receive 0:38 0 No Fax Detected 5 9/ 4/2007 10:27:51 Receive 0:39 0 No Fax Detected 6 9/ 4/2007 11:31:10 Send 15037387692 1:16 2 OK 7 9/ 4/2007 13:42:14 Send 15035817863 0:51 1 OK 8 9/ 4/2007 13:44:11 Receive 0:23 2 OK 9 9/ 4/2007 14:44:59 Receive 5032590444 1:01 3 OK 10 9/ 4/2007 15:46:33 Receive 5036492733 0:16 1 OK 11 9/ 4/2007 17:13:27 Receive 5036492733 0:20 1 OK 12 9/ 5/2007 08:20:29 Receive 0:27 1 OK 13 9/ 5/2007 10:34:53 Receive 5035988368 0:33 1 OK 14 9/ 5/2007 13:24:08 Send 5036246327 1:03 2 OK 15 9/ 5/2007 15:43:14 Receive 503 581 7863 0:33 1 OK 16 9/ 5/2007 16:30:47 Receive 5036433384 0:51 2 OK 17 9/ 6/2007 08:20:58 Receive 0:33 1 OK 18 9/ 6/2007 08:50:08 Send 9716730457 0:52 4 OK 19 9/ 6/2007 09:03:36 Receive 5036404518 2:26 14 OK 20 9/ 6/2007 11:45:07 Receive 5036847213 1:22 5 OK 21 9/ 6/2007 12:06:01 Receive 503 823 7024 0:44 1 OK 22 9/ 6/2007 17:24:18 Monitor Dial 0:00 0 Stop 23 9/ 6/2007 17:25:27 Send 5036393771 1:41 3 OK 24 9/ 6/2007 17:27:18 Monitor Dial 0:00 0 Stop 25 9/ 6/2007 17:27:57 Send 0:00 0 No Answer