11/10/2010 - Packet Completeness Review
for Boards, Commissions
ry � ; and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Name of Board,Commission or Committee
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
r
Intergovernmental Water Board Agenda
SERVING TIGARD,KING CITY,DURHAM AND TIGARD WATER DISTRICT
MEETING DATE: Wednesday, November 10, 2010, 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 — October 13,2010
Action: Motion to approve the October 13, 2010 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update -John Goodrich
5. Discussion of Intergovernmental Agreement—Dennis Koellermeier
6. Discuss IWB Representatives' Terms which Expire in December 2010
7. Informational Items
a. Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee
activities.
b. Update from Commissioner Winn on West Bull Mountain Technical Advisory Committee
activities.
8. Non-Agenda Items
Call for non-agenda items from the Board.
9. Future Agenda Items
Schedule Date Item
February 9, 2011 Election of Chair and Vice-Chair
To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard
Water Service Area.
10. Next Meeting:
■ December 8, 2010 at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street,Tigard, Oregon
11. Adjournment
Action: Motion for adjournment.
INTERGOVERNMENTAL WATER BOARD AGENDA—November 10, 2010
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-718-2591 1 www.tigard-or.gov I Page 1 off
f
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—November 10, 2010
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-718-2591 1 www.dgard-or.gov I Page 2 of 2
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Agenda Item No.: �—
IWB Meeting Date:
Intergovernmental Water Board (IWB)
Meeting Minutes
October 13, 2010
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Ken Henschel Alternate Representing the Tigard Water District
Keith Jehnke Representing the City of Durham
Dick Winn Representing the City of King City
Mike Stone Member At-Large
Members Absent: None
Staff Present:
John Goodrich Utility Division Manager
Greer Gaston Executive Assistant
Visitors: None
1. Call to Order, Roll Call and Introductions
Commissioner Winn called the meeting to order at 5:30 p.m.
2. Approval of Minutes —September 8, 2010
Commissioner Buehner motioned to approve the September 8, 2010 minutes.
Commissioner Stone seconded the motion. The minutes were approved by unanimous
vote of the Board, with Commissioners Buehner, Henschel, Jehnke, Stone, and Winn
voting yes.
3. Public Comments: None
4. Water Supply Update
Mr. Goodrich reported:
• Water consumption was about 4.6 to 5 million gallons per day.
• One reservoir continues to be offline for construction, which will be completed next
spring.
■ Tigard is operating under its winter contract with the City of Portland.
• There is about a 24-day supply in aquifer storage and recovery wells. Injection will start
in November.
Commissioner Henschel inquired about summer water usage and revenues. Mr. Goodrich said
he would bring that information to the November meeting.
Intergovernmental Water Board Minutes October 13,2010
1
Commissioner Henschel asked for an update on the pump station at 125th and Bull Mountain
Road. Mr. Goodrich said the contractor was excavating, framing, and pouring concrete, and the
project was on schedule.
5. Water Rate Study and Water SDC Update
Mr. Goodrich distributed a memo from Redoak Consulting dated September 28, 2010. The
memo is on file in the IWB record. He described the memo which summarizes the water
financial plan, an outcome of Tigard's Water Rate Study and Water System Development
Charge (SDC) Update. He reminded the Board of the previous discussions on this topic.
Mr. Goodrich said a 34.5-percent rate increase is needed now to position the City of Tigard for
future bonding. Bonding requirements and strategy were discussed. Mr. Goodrich gave
examples of how rate increases would affect various residents or businesses. The average
household would see an increase from $27.55 to $37.05, or about $10 per month. The City of
Tigard will likely go to monthly billing in January.
Commissioner Henschel inquired about changes in the City of Tigard's electronic routing
address. This affected water customers' automatic transfers. Mr. Goodrich was not aware of any
change and said he would look into the problem.
Mr. Goodrich reported he had met with the Home Builders Association (HBA) recently. There
were no comments regarding the SDC methodology. However, there were requests that SDCs
be phased-in over time.
Mr. Goodrich asked for the Board's:
■ Approval of the water financial plan and summary findings.
■ Support for the City of Tigard to proceed with water revenue increases to offset costs
associated with the Lake Oswego-Tigard joint water supply project.
Commissioner Winn asked for clarification on the bonding strategy. Mr. Goodrich explained that
instead of one large bond, the City of Tigard would probably bond three times for smaller
amounts:
■ In 2012 for about $30 million.
■ In 2014 for between $40 and $44 million.
■ In 2017 for the remaining funding.
Bond anticipation notes may be used for bonding in earlier years. These notes would allow the
City of Tigard to defer the principal and pay only the interest for the first few years of the note.
Once the Lake Oswego-Tigard project is online in 2017, Tigard will not have to purchase water
from the City of Portland. This will result in a $3.5 million cost savings. Of this amount, about$1
million will go toward operating and maintenance costs for the Lake Oswego water supply. The
remaining $2 million will be combined with water rate revenues and will be used to pay the
interest and principal of the bonds.
Mr. Goodrich also noted that revenues from the bonds must be spent within three years, so this
precludes the use of only one bond since Lake Oswego water supply projects span many years.
Commissioner Buehner added Tigard's finance department expects bond rates to remain flat for
the next five years.
Commissioner Winn noted the rate structure was not included with the memorandum.
Intergovernmental Water Board Minutes October 13,2010
2
Mr. Goodrich summarized the recommendations:
■ Move to monthly billing.
■ Establish fixed rate charges that increase with meter size.
■ Generate a larger portion of revenues through fixed rates.
• Decrease volume rate to offset fixed charges.
■ Move to a tiered rate system.
The monthly rate structure was subsequently distributed to the Board and is on file in the IWB
record. Mr. Goodrich summarized the tables, which extend out to 2015. Commissioner Buehner
suggested extending the rates to 2019 when rate increases end. The Board discussed how to
best present rate increases to the public. Additional suggestions included focusing on the dollar
amount of rate increases, as opposed to the percentage increase, and providing comparisons to
other jurisdictions.
At the request of Commissioner Henschel, a City of Tigard document entitled, "Fact Sheet:
Water Revenue Bonds" was distributed to the Board. This is on file in the IWB record.
Note: Discussion of this agenda item continued under item 7, Non-Agenda Items.
6. Informational Items
a. Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight
Committee Activities
• Commissioner Buehner reported the cost allocation between Tigard and Lake
Oswego had shifted slightly in Tigard's favor. Initially Tigard's share to develop the
Lake Oswego-Tigard water partnership projects was estimated to be 57.5 percent.
That percentage has decreased to approximately 52 percent, because the
percentage of Lake Oswego's existing infrastructure that can be used in the new
water system has declined. This excludes Tigard's share of the $17.5 million
additional ozone treatment process. Overall Tigard's share of the project is on target.
• The analysis of existing facilities is completed.
• The water intake will be in the same general location along the Clackamas River.
• A preliminary meeting with staff from the City of West Linn went well. Most issues
with neighbors near the treatment plant have been resolved.
• The size of the Waluga Reservoir has been increased. Another Lake Oswego
reservoir on 10th Street is nearing the end of its useful life. The Waluga Reservoir will
need to absorb the capacity of the 10th Street reservoir.
• Permitting will be coordinated among federal, state and other agencies. Filing will
occur late summer or early fall of 2011 and is expected to take a year to process. A
preliminary ruling, in favor of Tigard and Lake Oswego, was issued. The appeal
period will start after the final order is issued. An appeal is anticipated.
• Land use permitting is in the preparation stage. Permitting will be required in
Gladstone, West Linn, Lake Oswego, and Tigard. Final design needs to be 20 to 30
percent complete before entering the permitting phase.
• Commissioner Buehner asked Ms. Gaston to furnish the Board with an updated
memo dated October 2, 2010 from Joel Komarek to the Oversight Committee
regarding "Program Costs — Sponsor Allocations."
Intergovernmental Water Board Minutes October 13, 2010
3
b. Update from Commissioner Winn on West Bull Mountain Technical Advisory
Committee Activities
• Commissioner Winn reported the water provider will not be determined until the
financial and community plan is addressed in the next session. The concept plan will
be ready to go to County Commissioners at the end of October.
7. Non-Agenda Items
Commissioner Henschel inquired why the IWB intergovernmental agreement was not on the
agenda as indicated in the September 8, 2010 minutes. Other Commissioners said the item was
moved due to Mr. Koellermeier's absence. This item is expected to be on the agenda at the next
IWB meeting.
Note: Discussion of agenda item 5, Water Rate Study and Water SDC Update, continued under
this agenda item.
Mr. Goodrich asked for the Board to make a recommendation to the Tigard City Council.
Commissioner Winn confirmed that the recommendation was related to the Water Rate Study.
Commissioner Buehner motioned that the Board recommend approval of the Water Rate
Study to the Tigard City Council as presented at this meeting.
Commissioner Henschel asked for Mr. Goodrich to confirm his proposed motion. Mr.
Goodrich said he was seeking the IWB's approval of the water financial plan summary
findings and support for the City of Tigard to move forward to increase water revenues to
offset costs associated with the Lake Oswego-Tigard joint water supply project.
Commissioner Buehner amended her motion accordingly.
Commissioner Stone seconded the motion. The motion passed by unanimous vote of
the Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone, and
Winn voting yes.
Commissioner Buehner said she was now meeting on the Lake Oswego partnership on a
monthly rather than quarterly basis. She will be reporting to the Board about partnership
activities more often.
8. Future Agenda Items
Future agenda items were not discussed.
9. Next Meeting:
• November 10, 2010 at 5:30 p.m.
Public Works Building, 8777 SW Burnham St, Tigard, Oregon
10. Adjournment
At 6:51 p.m., Commissioner Stone motioned to adjourn the meeting; Commissioner
Henschel seconded the motion. The meeting was adjourned by unanimous vote of the
Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone, and
Winn voting yes.
Intergovernmental Water Board Minutes October 13,2010
4
Dick Winn, IWB Chair Greer Gaston, IWB Recorder
Date: Date:
Intergovernmental Water Board Minutes October 13,2010
5
Sign-in Sheet
Intergovernmental Water Board Meeting
Date: November 10, 2010
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
Name Do you wish If yes, please give your Phone number/ Email
(please print) to speak to address
the Board?
John Q. Public Yes 13125 SW Hall Blvd. (503) 555-5555
Tigard, OR 97233 johngpublic@yahoo.com
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Agenda Item No.: 5
IWB Meeting Date: // -/D -/O
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
BETWEEN DURHAM, KING CITY AND THE TIGARD WATER DISTRICT
AND THE CITY OF TIGARD
FOR WATER SUPPLY
7th Draft 8/27/2010
This Agreement is made and entered into under authority of Chapter 190, Oregon
Revised Statutes, by and between the cities of Durham and King City and the Tigard
Water District, an ORS Chapter 264 district ("District") and the City of Tigard ("Tigard"),
all Oregon municipal corporations ("the Parties"), in Washington County, Oregon. This
Agreement replaces those individual agreements entered between Tigard and each of
the other two cities and the District in or about 1993. This Agreement shall be effective
in its entirety upon execution by all of the Parties. Upon effectiveness of this
Agreement, those individual agreements entered between Tigard and each of the other
two cities and the District in or about 1993, and all subsequent amendments thereto
shall, by agreement of the Parties, be terminated and replaced by this Agreement.
RECITALS:
A. The three cities withdrew the areas included within their boundaries from the political
boundary of the District effective July 1, 1993. In consideration of their separate
contracts with Tigard for the operation and maintenance of a water supply to serve all
four Parties, Tigard granted to Durham, King City and the Tigard Water District (all
Parties other than Tigard being the "Served Parties") an equitable interest in those
assets (described as "System Assets" in those contracts) located within the combined
service area. Water supply, storage and distribution facilities ("System Assets", as
further defined herein) were not divided between the cities and the District as provided
for by ORS 222.540 and instead, all such assets wherever located were pledged to the
use of the City of Tigard for the operation and maintenance of a single water supply,
storage and distribution system to serve all four Parties, All Parties now desire to clarify
the method to determine the value of those assets and the Parties' equitable ownership
interest in same and to establish the methods for valuation of both real and personal
property.
B. The Parties intend that Tigard continue to provide and be the Managing Authority of a
water supply system serving all Parties for the duration of this Agreement including use
of assets and facilities not within the combined service area that are owned by Tigard
and other entities that are not parties to this Agreement. All Parties agree that Tigard is
empowered to use any right of condemnation possessed by any of the Parties that is
necessary to provide water consistent with the terms of this agreement, and will take
any action necessary for Tigard to exercise that right upon the request of Tigard.
C. The combined area as shown on Exhibit 1 constitutes the Tigard Water Service Area.
The Parties desire to clarify the role of the Intergovernmental Water Board ("IWB") as to
those matters where its actions are advisory to Tigard.
Tigard Water Supply Agreement Page I
In consideration of those premises as generally recited the Parties now AGREE:
1. Purpose and Scope.
1A. Tigard shall continue to furnish and maintain a domestic water supply, storage and
distribution system serving all Parties to this Agreement. All Parties pledge to the City
of Tigard, the use and benefit of all assets of that system, wherever located whether
inside or outside the Parties combined service area, as they now exist and hereafter are
constructed or accrue, for the duration of this Agreement as to each Party served. Each
Party's equitable interest in any and all System Assets located within the combined
service area shall be deemed held as an undivided common interest until the Party
terminates this Agreement or until the Agreement is dissolved.
1 B. All other Parties delegate to Tigard the authority to enact water system rates and
charges, including systems development or connection charges, with the advice of the
IWB and as limited by state law, in such amounts as are necessary to maintain the
system for the benefit of all Parties. Any and all such rates and charges shall be applied
evenly to all customers in similar rate classes throughout the area now served by the
system and each Party agrees to enforce those rates and charges without exception
within that Party's political boundary. No Party may sell water provided under this
Agreement to a third party without the prior written consent of Tigard.
1C. Tigard shall enter into all contracts necessary or desirable to operate the system in
its own name. Tigard shall issue and make provisions for repayment of any and all
municipal revenue bonds or similar instruments issued to finance capital improvements
to the system and may pledge any and all system revenues for repayment of such
bonds or instruments. Tigard shall prepare and issue all statements and filings
necessary to issue such bonds and shall make all continuing disclosures regarding the
bonds or instruments as may be required by state and federal law or bond purchase
agreements. A served Party may not issue or contract for any debt that is to be secured
by any assets that are necessary to operate or maintain the water supply system.
1D. A served Party shall consider any request by Tigard to exercise powers of eminent
domain if needed to acquire property within that Party's political boundary for use for the
water supply system. A Party shall not unreasonably withhold its consent to such a
request. A Party may condition its exercise of such authority on Tigard's agreement to
pay all attorney fees and costs incurred in any such proceedings.
IF. Tigard may incur, without the consent of any other Parties, debt relating to the water
supply system, provided payment of the debt is fee, rate or charge based. If the debt is
to be paid for by means other than fees, rates or charges, Tigard must have approval
and consent of the governing bodies of all minus one of the Parties. Each Party shall
be liable for its proportionate share of any debt which has been incurred under this
section.
Tigard Water Supply Agreement Page 2
2. Term of Agreement.
2A. The term of this Agreement shall be perpetual. Any served Party may terminate this
agreement as between that Party and all other Parties by delivering written notice to the
other Parties not less than 5 years prior so as to allow the Parties to reconfigure the
supply, storage and distribution system serving the remaining Parties after any division
of assets that may result from such termination.
2B. Tigard may terminate this Agreement as to any served Party only for cause and
only after Tigard has served written notice to that Party of that Party's default as to a
material term of this Agreement and has allowed that Party not less than 30 days to
cure that default. On a Party's continued default Tigard may serve written notice of
termination to that Party not less than 5 years prior so as to allow that Party to arrange
for a replacement water source and supply system with Tigard or with another supplier.
2C. Tigard agrees to negotiate in good faith a wholesale water supply contract with a
terminating Party on that Party's request. Tigard and the terminating Party may mutually
agree to a different date of termination.
3. Intergovernmental Water Board.
A. The Intergovernmental Water Board (IWB) is continued. The IWB shall consist of five
members, with one member to be appointed by each of the four Parties to serve at the
pleasure of the appointing Party and a fifth "at large" member who resides in the service
area as shown in Exhibit 1 to this Agreement to be appointed by a majority vote of the
other members and who shall represent the interest of the general public. The IWB shall
decide the process by which it seeks candidates for and appoints the member at large.
A member representing a Party shall hold a current elective office for that Party and
shall be deemed to act on behalf of the governing body of that Party when voting on any
issue before the IWB. The extent to which that Party's member's vote at the IWB is
binding on the Party that the member represents shall be determined by each Party.
Each Party may appoint an alternate IWB member who may take the place of the
regular member who is absent at any IWB meeting. An alternate member shall have the
same qualifications as the regular member.
A person appointed to fill a vacancy shall serve the term of the position that was
vacated. The IWB by majority vote may declare a position to be vacant for that
member's unexcused absence for more than 3 consecutive IWB meetings and shall
notify the Party of any such declared vacancy. A Party so notified shall promptly appoint
a replacement to fill the term of that vacancy. The Party members shall appoint a
member at large for the remainder of the existing term of that position if and when that
position becomes or is declared to be vacant.
4. Term of IWB Membership.
An IWB member shall continue to occupy the same position on the IWB from and after
the adoption of this Agreement for the duration of that member's term. Each IWB
Tigard Water Supply Agreement Page 3
position including the Member at Large shall have a term of two years that begins on
January 1 and expires on December 31 of the second year of each term. There is no
limit on the number of terms that any person may serve in any position. Notwithstanding
that the term of a position has expired, the Member occupying that position may
continue to serve on the Board until a successor is appointed.
5. Conduct of IWB Meetings.
5A. The IWB shall schedule regular meetings and shall conduct all meetings according
to Oregon public meetings law and any rule of conduct approved by the Tigard City
Council. At its first meeting in every calendar year the IWB shall elect a chairperson for
the ensuing calendar year and may elect other officers, all of whom shall have such
powers and duties as assigned by the IWB. The Chair shall set the agenda for each
meeting. A quorum of the IWB shall be three (3) members and no vote shall be taken on
any matter requiring a vote without a quorum. All matters requiring a vote shall be
enacted by affirmative vote of at least three (3) members present and voting except
where this Agreement provides a different voting requirement.
56. Tigard shall budget for and provide a sufficient number of employees to provide
staff support to the IWB during and between meetings. Tigard employees shall serve at
the pleasure of Tigard and shall have no voting privileges. Tigard shall provide
adequate facilities and equipment for use for all IWB meetings.
6. Jurisdiction of IWB.
6A. The IWB shall hear and by a majority vote of those members present and voting
may advise the Tigard City Council on the following issues:
1) Uniform rate structures to be charged to all water system customers throughout the
system, including connection charges, with different rates to be allowed only for
different classes of use (e.g., residential, commercial, industrial, irrigation, high elevation
surcharge) and all rates and charges (e.g., block rates, consumption rates, lifeline rates)
are to be limited to the costs of service;
2) Operation and maintenance issues referred to the IWB by Tigard or that a majority of
the IWB raise on the IWB's own motion:
3) The proposed annual budget for the Parties' water supply system;
4) Policies and rules for curtailing water consumption in the same manner throughout
the service area in cases of emergency:
5) Capital improvements not listed or scheduled in a capital improvements plan that is
adopted as part of Tigard's annual budget for the system;
6) Tigard's proposed issuance of municipal revenue bonds or similar instruments to be
used to finance water system capital improvements or to refinance existing water
system revenue bonds;
7) Any and all rules and regulations issued by Tigard as to the use of the water system.
8) A proposal by Tigard to provide water service to any area or to any public or private
reseller of the water that is located outside the Parties' combined service area as shown
Tigard Water Supply Agreement Page 4
on Exhibit 1 to this Agreement, or a proposal by Tigard to serve by wholesale contract a
once-served Party who has terminated this Agreement;
9) A proposal by Tigard to enter a contract or partnership with a water source other than
a mutual aid or similar emergency supply agreement;
10) The valuation of a served Party's ownership share(s) of System Assets when
recalculated from time to time and when calculated at the time of a Party's termination
of this Agreement, as further provided in this Agreement;
11) The sale or purchase of any real property used or proposed for use in the water
system, and the terms of any such sale or purchase;
12) The assignment, sale or other conveyance or transfer of any Party's rights or
liabilities under this Agreement to any person or entity other than another Party.
6B. In all cases, action taken by the IWB shall be advisory to the City of Tigard. The
City shall address and consider the Board's recommendation when taking action or a
position on the matter.
7. Ownership and Valuation of Assets.
7A. Each of the Parties owns an equitable, undivided common share (as calculated per
Section 713 of this Agreement) of all System Assets used in the system wherever
located. The City of Tigard is authorized to pledge the Parties' equitable shares of
ownership of any and all such System Assets, to the repayment of any revenue bonds,
whereby such interest of the Parties shall be subordinated to the interest of the bond
holder(s) as to any and all revenue bonds sold by Tigard to finance capital
improvements to the Parties' water supply system the extent required by the debt
instrument(s).
713. A Party's equitable share of a system asset, whether real or personal property, shall
be calculated using cumulative meter equivalency values, as defined by the American
Water Works association Manual M1, and as shown in Table 7.1. Tigard shall
recalculate those shares every two years in the course of Tigard's annual audit and
consolidated financial reporting process and will recalculate the Parties' shares on any
Party's termination or on dissolution of this Agreement. The Parties' shared interests in
any system asset that is real property and that Tigard uses in part for purposes other
than operation of the water system shall be shown by lease agreements between the
Parties and Tigard and recorded in county deed records.
7C. All System Assets and Other Assets shall be pledged by the Parties to the City of
Tigard. All System Assets and Other Assets shall be managed by Tigard and shall be
utilized by Tigard in order to provide water services to properties, residences and
businesses in the service area.
7D. The value of a system asset shall be calculated by one method for assets that are
personal property and another method for real property. An asset that is personal
property shall have that asset's depreciated value over its useful life using straight line
Tigard Water Supply Agreement Page 5
depreciation as are set out in the "Tigard Water District System Assets and Liabilities
Final Report" of November 1994 , Section II, attached hereto as Exhibit 2. The
depreciated value shall be based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line method of depreciation.
An asset that is real property shall be valued by an independent appraisal at such time
as the property or a portion of same is assigned, sold or otherwise conveyed and at the
time of any Party's termination or the dissolution of this Agreement. A list of all System
Assets, as of July 1, 2010, is attached hereto as Exhibit 2. Assets not listed in Exhibit 2,
or subsequent exhibit amending Exhibit 2, are System Assets if the asset falls within the
meaning of the term "system asset" as defined at Section 15.5 of this Agreement.
7E. The proceeds of any sale or other conveyance of any portion or all of a system
asset that is real property shall be considered a system asset and deposited into the
"Water CIP Fund" or similar other segregated account for use for capital improvements
7F. Tigard shall maintain all assets according to industry standards and shall consider
the disposition of any asset that is or becomes surplus to the needs of the water supply
system. Tigard shall adequately insure all System Assets against all risks of loss and
charge such costs to the Water system. Tigard on any served Party's request, given
with adequate notice shall calculate the value of that Party's ownership share of a
system asset for that Party's use in its annual budget as may be required by General
Accounting Standards Board rules.
7G. For the duration of this Agreement, the cities of King City and Durham and the
Tigard Water District, shall be entitled an annual surcharge which shall be calculated as
set forth for the year 2010 in Table 7.1 of this Agreement. Tigard shall dispense that
amount to a served Party at least once annually.
Tigard Water Supply Agreement Page 6
Table 7.1
Current Meters AWWA TWSA 2009 Proposed
1% in Meter Asset $ per 2010 Est. 2010
Jurisdiction 2009 Rev calc 2009 E iv. Ownership M. E. Ad ustment Surcharge
Durham $190,856.52 $1,908.57 354 504 2.02% $3.79 $6.00 $3,024.00
Fire Hydrant $4,524.45 N/A N/A N/A N/A N/A N/A N/A
King Cit $411,886.61 $4,118.87 1313 1541 6.17% $2.67 $6.00 $9,246.00
Metzger $465.07 N/A N/A N/A N/A N/A N/A N/A
Tigard $5,739,880.45 N/A 12410 17533 70.25% $ - N/A N/A
Tigard Water $1,703,524.79 $17,035.25 3742 5379 21.55% $3.17 $6.00 $32,274.00
$8,051,137.89 17819 24957 100.00% $44,544.00
8. Division of Assets on Termination or Dissolution.
8A. Upon termination of this Agreement, a Party shall have rights to the use of all
System Assets equal to its equitable share, as calculated in section 7B. Tigard shall be
compensated for any use of its water system necessary for the continued reasonable
use of a system asset by a terminating Party. If a system asset is not essential to the
operation of a terminating Party's water system, Tigard may terminate such jurisdiction's
right in the system asset capital improvement by payment of a sum equal to the
terminating Party's equitable share in the depreciated value of the asset. Alternatively,
the Parties may negotiate a wholesale water supply agreement between the terminating
Party and the remaining Parties. A Served Party that terminates this Agreement shall
not thereby be relieved from liabilities and indebtedness previously contracted by Tigard
for the benefit of the water supply system and shall assume its share of that liability and
debt.
8B. If this Agreement is terminated by any Party and the terminating Party has
remaining indebtedness incurred under Section 1 B, the terminating Party shall either:
1. Pay in full, within 60 days of the effective date of termination, its
proportionate share of the indebtedness; or
2. Pay annually its proportionate share for the indebtedness as payment is
due.
Tigard Water Supply Agreement Page 7
8C. Revenue generated by the operation of the supply system shall not be subject to
distribution or accounting on a served Party's termination and shall not be subject to an
equitable or other claim by that Party.
8D. A terminating Party may offer to convey its ownership share of System Assets to
Tigard and may waive its rights to a division of assets as provided in this Agreement in
consideration of a wholesale contract for water supply between the terminating Party
and Tigard. Any such contract is subject to IWB review. If the asset is not essential to
the operation of such jurisdictions' water system, Tigard may terminate such
jurisdiction's rights in the system asset capital improvement by payment of a sum equal
to the jurisdiction's proportionate Interest in the depreciated value of such system asset.
8E. Tigard shall have the first right of refusal to purchase a served Party's share of a
system asset on that Party's termination of this Agreement or on the Parties' decision to
sell all or a portion of a system asset, on the same terms and conditions as offered to
any other person or entity. The offer to purchase and Tigard's exercise of its rights as to
that offer shall be on the same terms as in that certain Tenancy in Common agreement
between the served Parties and Tigard for the property commonly known as 8777
Burnham Street, Tigard, Washington County, Oregon entered in or about June 2007,
attached hereto as Exhibit 3.
9. Accounting and Records.
9A. Tigard shall account for the operation and maintenance of the water system as an
enterprise fund using generally accepted accounting principles applicable to utility
enterprises for the recording and identifying of all revenues and expenditures. .
9B. Tigard shall respond in the normal course of business to all requests for public
records by persons who are not Parties and shall defend the other Parties and hold
them harmless from any and all claims or legal actions made or filed by the person
making the records request. Tigard shall make all financial records available to any
Party for inspection and copying on reasonable advance notice and during Tigard's
ordinary business hours.
9C. Tigard shall present the proposed annual budget for the water system to the IWB
for its consideration and recommendation(s) prior to Tigard's adoption of that budget.
Tigard shall provide a copy of each year-end financial audit of its accounts to any Party
upon that Party's request.
10. Boundary Changes, Mergers, Consolidations and Annexation of Territory
The Parties' combined service area as it exists on the effective date of this agreement is
shown with relation to the Parties' political boundaries on Exhibit 1 to this Agreement,
attached and incorporated by this reference. Boundary changes, mergers,
consolidations and annexation of territory shall occur consistent with state law, Metro
"Tigard Water Supply Agreement Page 8
Code and the adopted Urban Service Area agreements between the Cities and
Washington County. Parties have the rights granted pursuant to Metro Code and State
law to participate in these proceedings. All Parties may enter an urban services
provider agreement with Tigard for water supply as provided by state law.
Tigard reserves the right to determine if water service will be provided in all expansions
affecting the Parties of this agreement.
11. Amendment. No amendment to this Agreement and no substitution of any exhibit to
this Agreement shall be effective unless in writing signed and dated by all Parties.
12. Severability. If any portion of this Agreement is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, all remaining portions of this
Agreement shall remain in effect until this Agreement is terminated or expired. After
any declaration of invalidity or unconstitutionality of a portion of this Franchise, any
Party may demand that one or more other Parties meet to discuss amending the terms
of this Agreement to conform to the original intent of the Parties. If the Parties are
unable to agree on a revised agreement within ninety (90) days after such a court
decision is final and binding, any Party whose rights and obligations are affected by the
decision shall have cause to terminate this Agreement by delivering one hundred and
eighty (180) days notice to the other Party.
13. Property Conveyances. All parties agree in good faith to execute any and all real
property conveyances deemed necessary or desirable to show each Party's share of
ownership of such property as provided for in this Agreement.
14. Execution and Effective Date. This Agreement may be executed in several
counterparts, all of which when taken together shall constitute one agreement binding
on all Parties who have signed, notwithstanding that all Parties are not signatories to the
same counterpart. Each copy of this Agreement so executed shall constitute a duplicate
original.
15. Definitions. As used in this Agreement, the below terms are defined as follow.
15.1. "Assets" include real, personal and intangible property. Assets are divided into
two different groups, "System Assets" and "Other Assets."
15.2. "Intangible Property" includes but is not limited to: moneys, checks, drafts,
deposits, interest, dividends and income
15.3. "Managing Authority" means that Tigard will provide water to properties and
customers in the current jurisdictions of the Parties equally. If circumstances require
water restrictions, each jurisdiction shall share equally. Tigard will provide equally and
in a manner consistent with the terms of this Agreement all services required for
Tigard Water Supply Agreement Page 9
delivery of potable domestic water to properties and customers in the current
jurisdictions of the Parties, including but not limited to system repair and maintenance,
water distribution, new installations, system upgrades and billing functions.
15.4. "Other Assets" are Assets not necessary for the operation of the City of Tigard's
water supply system. Other Assets shall remain the property of the jurisdiction in which
the asset is located. Water mains, service installations, structures, facilities,
improvements or other property not necessary for the operation of the City of Tigard's
water supply system are Other Assets.
15.5. "System Assets" are Assets necessary for the operation of the City of Tigard's
water supply system. As used herein, the term System Assets does not include any
assets constructed, under construction, or to be constructed by the City of Tigard
pursuant to the certain Water Agreement between the cities of Tigard and Lake
Oswego, entered into on August 6, 2008. Other Assets shall become the property of
the jurisdiction in which the asset is located.
The term "System Assets" as used in this Agreement includes, but is not limited to:
i) all interests in real property, all improvements on that property and all other
personal property and facilities wherever located that is used by any Party for the
supply, treatment, storage, transmission or distribution of potable water to that Party or
to any other person or entity; and,
ii) all revenue generated from the sale of any portion of the Parties' domestic
water supply to any person wherever located, including connection and systems
development charges; and,
iii) all rights to the use of surface-, in stream- or groundwater held by- or for the
beneficial use of any Party to this Agreement, notwithstanding that the formal
certification or other evidence of that right may name fewer than all Parties to this
Agreement as the holder or owner of that right;
iv) all contracts held by Tigard or any other party with any entity not a party to this
Agreement for a supply of water for the Parties' joint use.
Tigard Water Supply Agreement Page 10
Intergovernmental Water Board Members
November 2, 2090
NAME ADDRESS PHONE— FAX- E-MAIL TERM
EXPIRATION
Keith Jehnke 8015 SW Peters Road 503-572-9386 May 2010 -
Durham Representative Durham, 97224 keith(a)_aks-eng.com December 2011
Chris Hadfield 8253 SW Woody End 503-620-1877 (home)
Durham Alternate Durham, 97224
Gretchen Buehner 13249 SW 136 Ih Place 503-684-1031(home) December 2010
Tigard Representative Tigard OR 97223 503-684-1031 (work)
971-506-2096 (cell)
gebuehner(o)-yahoo.com
Sydney Sherwood 13125 SW Hall Blvd. 503-293-0902 (home)
Tigard Alternate Tigard, 97223 503-443-6084 (work)
Dick Winn 16270 SW King Charles 503-620-2097 (home) December 2010
King City Representative King City, 97224 thermw(a_webtv.net
David Newham 16330 SW King Charles Ave 503-718-8581
King City Alternate King City 97224
Julie Russell 12662 SW Terraview Drive (503) 603-9152 (home) June 2011
TWD Representative Tigard, OR 97224 (503) 312-9163 (cell) 3
iarussell59CcDcomcast.net T
Ken Henschel 14530 SW 144 Avenue 503 579-8375 home
( ) (home)
vo
TWD Alternate Tigard, OR 97224 Ken.Henschel(a)-comcast.net
r
Mike Stone 16349 SW 107 Ih Ct 503-968-9128 (home) March 2010 -
Member at Large Tigard, OR 97224 503-682-4960 (work) December 2011
stone(c-ci.wilsonville.or.us
0
IWB phone list—term expirations
Distributed to IWB Members
Via: - E-mail Mail !]In-p son at meeting
City of Tigard
. . , Memorandum
To: Intergovernmental Water Board Commissioners
From: Executive Assistant to Public Works Greer Gaston
Re: Lake Oswego-Tigard Cost Allocation
Date: November 2, 2010
At the request of Commissioner Buehner, I am providing:
■ An updated "Overall Program Cost Estimate Scenario Summary" table, dated October
14, 2010.
■ An October 2, 2010 memo regarding"Program Costs —Sponsor Allocations."
Commissioner Buehner briefed the Board on the information contained in these documents at
October 13, 2010 IWB meeting.
Lake Oswego•Tigard
Water Partnership Lake Oswego-Tigard Water Program
Overall Program Cost Estimate Scenario Summary
10/14/2010 12:05
Lake Oswego Lake Oswego
Scanarfo A Description Phase I Phase II Program Total Allocation Tigard Allocation Net Present Value
25 years
E Bass Cass(based on 2006 study) $200,000,000 $93,100,000 $114,900,000
w n Base Case Scenario
as
F H C Onginal Avocation 42.34% 57.49%
t , O
e 36 MGD With Ozone - $M.200,000 $106,/79,000 $123,232,000 $163,000,000
CL c a p_1
C i 0 Allocation Percentage 49.47% 53.53%
� � u
N 36 MGD WNhout Ozone - $212,400,000 $94,363,000 $119,070,000 $151,000,000
IL' P-2
Allocation Percentage 44,42% 53.59%
A 1 24 MGD With Ozone $173,900,000 $176,800,000
0 2015 Completion
4 24 MGD Without Ozone
r0 A-2 2015 Completion $160,300,000 $160,300,000 $228,000,000
m21 MGD
y B 10%Conservation $66,000,000 $139,000,000 $203,000,000 $205,DD0,000 .. $229,000,000
2023 Completion
Y 19 MGD
J C 25%Conservation $62,300,000 $232,400,000 $254,700,000 $294,700,000 $243,000,000
2035 Completion
LAKE
ONEGOM
MEMORANDUM
Lake Oswego/Tigard Water Supply Partnership
TO: Oversight Committee
FROM: Joel B. Komarek, P.E., Project Director
Technical Committee
DATE: October 2, 2010
SUBJECT: Program Costs—Sponsor Allocations
Program Cost Update
At a meeting of the Oversight Committee (OVC) held on September 8, 2010, the Technical Committee
(TC) presented updated program costs for the water supply expansion project ("the Project") for the
cities of Tigard and Lake Oswego ("Program Sponsors"). The TC reported that over the last six months
program consultants along with sponsor staff have been engaged in a comprehensive project definition
effort and through this work an improved understanding of the infrastructure needs for the Initial
Expansion had been achieved. Based on this improved understanding, the TC reported that program
costs are now estimated to range from a low of$196M to a high of$281M with the figure $230M
considered to represent a midpoint of the range. For context the TC noted that the prior reported
program cost estimate of$200M represented a mathematical escalation of cost estimates developed in
2006 and published in 20071. The TC also reported that quality control review of the updated costs was
ongoing and that at the October 4 meeting of the OVC, the TC would present updated information on
the allocation of the updated costs to each city.
Cost Allocation Methodology
To be meaningful, discussion of updated cost allocations must be preceded by a review of certain terms
contained within the partnership Intergovernmental Agreement ("IGA") relating to cost allocation and a
review of Exhibit 7. This discussion and exhibit follows.
Table 2.36 Supply Scenario 4:"Draft Summary Report,Joint Water Supply System Analysis",July 2007,Carollo Engineers.
Memorandum
Oversight Committee
Page 2
Water Demands and Capacity Shares
Program cost allocations and facility ownership shares have their basis in each city's forecasted
population and water demands through build-out (assumed to occur in 2045). This analysis
estimated that Lake Oswego water demands could ultimately reach 24 million gallons per day
(mgd)on a peak day. Tigard's peak day demands are forecasted to be just over 21 mgd. Lake
Oswego's Clackamas River water rights limit diversions to a maximum of 38 mgd. The IGA
establishes Lake Oswego's ultimate ownership in supply facilities at 24 mgd. This leaves Tigard
with 14 mgd. The difference between Tigard's partnership allocation of 14 mgd and its future
build-out need will be addressed through its use of Aquifer Storage and Recovery("ASR")and
other supply sources.
"Initial Expansion"
The IGA defines"Initial Expansion"as the planning, design,financing and construction of a water
supply system that will treat and deliver 32 mgd of water to the parties by 2016. Of this
amount, the Lake Oswego allocation is 18 mgd and the Tigard allocation is 14 mgd. The IGA
contemplates that when or if Lake Oswego's demands exceed 18 mgd, it will implement another
expansion to meet this demand up to a maximum of 24 mgd.
New capacity vs. existing capacity
Certain facilities to be constructed in the Initial Expansion will be new and will replace existing
water system facilities owned by Lake Oswego. Other facilities will be additions to existing
facilities and both existing and new facilities will operate together to deliver the total capacity
needed for the Initial Expansion. In the former case,cost allocations will be based on each cities
proportionate share of capacity in the new facility or"Proportional allocation". In the latter
case,cost allocations will be based on each city's proportionate share of the capacity added to
the existing facility or"incremental allocation".
Implementation strategies and economies of scale
Economies of scale and the sharing of costs to construct major capital facilities provide
significant financial incentive to the partnership. These facilities will be designed to provide
reliable service for 50 years or more. Because of the life cycle of these facilities it makes good
financial sense to design and construct them to a size that will accommodate the needs of
future generations. This strategy avoids the uncertainty and future costs associated with
"under-sizing"facilities now for minimal or in some cases non-existent cost savings and then
having to "right size"facilities in the future. This is particularly true for the planned new river
intake pump station and raw and finished water pipelines. These facilities will be located within
or will cross environmentally sensitive lands. To construct these facilities will require significant
environmental review and permit acquisition. Right sizing these systems now mitigates future
permitting uncertainty and potentially significant marginal costs per unit of new capacity
derived.
Memorandum
Oversight Committee
Page 3
Exhibit 7
Exhibit 7z summarizes the above discussion in tabular form. Cost estimates shown for the river
intake pump station and raw and finished water pipelines reflect right sizing these systems now
for the ultimate anticipated demand of 38 mgd. This capacity becomes the denominator in the
capacity allocation ratio. For Lake Oswego, the numerator reflects its forecasted future water
demand. For Tigard,the numerator reflects its maximum allocation of water pursuant to the
IGA. Ratios of 24/38, 14/38 or 1.0/2.5 indicate use of a "proportional allocation". By contrast,
the allocation percentages for the water treatment plant ("WTP") and finished water pipeline
("FWP") from Iron Mountain Blvd to Waluga Reservoir(i.e,, reach 11-12) reflect an "incremental
capacity" allocation.
EXHI BIT 7
ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES
Cost of Lake Oswego Tigard
Improvement Allocation(%) Share ($) Allocation(%) Share($)
(i n 2006$)
Water Treatment Plant
Existing Plant n/a 100.00% n/a 0.00% $
32 mgd Expansion $ 39,430,000 2/16 $ 4,928,750 14/16 $ 34,501,250
38 mgd Expansion n/a 100%** n/a 0.00% $ -
Raw Water Intake and Pump Statio $ 4,440,000 24/38 $ 2,804,211 14/38 $ 1,635,789
Raw Water Transmission Main $ 23,920,000 24/38 $ 15,107,368 14/38 $ 8,812,632
Finished Water Transmission Main
Reaches 7- 10 $ 38,220,000 24/38 $ 24,138,947 14/38 $ 14,081,053
Reaches 11- 12 $ 17,020,000 8/22 $ 6,189,091 14/22 $ 10,830,909
Storage (MG) $ 4,010,000 1.0/2.5 $ 1,604,000 1.5/2.5 $ 2,406,000
Bonita Road Pumping Station $ 1,700,000 0.000/0 $ - 100% $ 1,700,000
Total Costs $ 128,740,000 42.54% $ 54,772,367 57.46% $ 73,967,633
*-Project costs are presented in 2006 dollars. Actual cost will depend on project start and completion dates.
•-Second(6mgd)expansion is currently assigned to Lake Oswego. Contract provides for potential reallocation by agreement.
2 Exhibit 7 is an exhibit to the water partnership IGA.
Memorandum
Oversight Committee
Page 14
Cost Allocation Update
At the last meeting of the OVC, the TC reported that due to age, obsolescence, current building codes,
current and future operations needs and the recommendation to include Ozone in an expanded WTP,
many systems within the existing WTP will have to be replaced and new buildings constructed. Current
estimates suggest that the Ozone process (sized for 38 mgd) adds a cost premium of$17M to WTP
costs. Applying the cost allocation methodology described above for new facilities (i.e., "proportional
allocation") results in approximately$11M of these costs being allocated to Lake Oswego. Because the
most expensive component of the overall partnership program is the WTP, costs for the overall program
shift toward Lake Oswego. Also adding to the allocation shift is the plan to construct a larger Waluga
reservoir to address existing storage deficiencies in this zone and add volume to meet future build-out
storage requirements and replace volume lost by the eventual decommissioning of Lake Oswego's 85-
year old, riveted steel, 10th Street tank. These items acting collectively result in the allocation ratios
shown below for several different supply scenarios.
Lake Oswego •Tigard
& Water Partnership
Lake Oswego - Tigard Water Program
Overall Program Cost Estimate Scenario Summary
Scenario# Scenario Program Total Lake Oswego Tigard Allocation
Allocation
Base Case(based on 2006 study) $200,000,000 $85,100,000 $114,900,000
Base Case Scenario
Original Allocation 42.54% 57.46%
38 MGD With Ozone $230,200,000 $112,800,000 $117,400,000
1
Allocation Percentage 49.00% 51.00%
38 MGD Without Ozone $212,400,000 $100,300,000 $112,100,000
2
Allocation Percentage 47.23% 52.77%
3 24 MGD With Ozone $178,800,000 $178,800,000 NIA
4 24 MGD Without Ozone $160,300,000 $160,300,000 NIA
The TC looks forward to discussing this new information with the OVC on Monday. Please feel free to
email me at omarek@ci.oswego.or.tls with any questions this memorandum may give rise to and that
you would like addressed on Monday.
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Phone: 503-639-4171
FAX TRANSMITTAL
Date November 3, 2010
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.
[:ENGTAX.DOT
Intergovernmental Water Board Agenda
SERVING TIGARD,KING CITY,DURHAM AND TIGARD WATER DISTRICT
MEETING DATE: Wednesday, November 10, 2010, 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 — October 13,2010
Action: Motion to approve the October 13, 2010 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update -John Goodrich
5. Discussion of Intergovernmental Agreement —Dennis Koellermeier
6. Discuss IWB Representatives' Terms which Expire in December 2010
7. Informational Items
a. Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee
activities.
b. Update from Commissioner Winn on West Bull Mountain Technical Advisory Committee
activities.
8. Non-Agenda Items
Call for non-agenda items from the Board.
9. Future Agenda Items
Schedule Date Item
February 9, 2011 Election of Chair and Vice-Chair
To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard
Water Service Area.
10. Next Meeting:
■ December 8, 2010 at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon
11. Adjournment
Action: Motion for adjournment.
INTERGOVERNMENTAL WATER BOARD AGENDA—November 10, 2010
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-718-2591 1 www.tigard-or.gov I Page 1 of2
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—November 10, 2010
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-718-2591 1 www.tigard-or.gov I Page 2 oft
TRANSMISSION VERIFIi=ATION REPORT
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