12/12/2007 - Packet Completeness Review
for Boards, Commissions
and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Name of Board, Commission or Committee
bcce-v.b., bee- IZ. 200'�
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
y
signature
-3/.-1-711,3
Date
Intergovernmental Water Board — Agenda
SERVING TIGARD, KING CITY, DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, December 12, 2007, 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 —November 28, 2007
Action: Motion to approve the November 28, 2007 minutes.
3. Public Comments
Call for comments from the public.
4. Potential Water Partnership with the City of Sherwood - Sherwood City Manager Ross
Schultz
Action: No action required
5. Renewable Energy Options - PGE Representative
Action: No action required
6. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the
Tualatin Basin Water Supply Partnership Memorandum of Agreement - Dennis Koellermeier
Action: Motion to recommend approval of the Tualatin Basin Water Supply Partnership
Memorandum of Agreement to the Tigard City Council.
7. Consider a Memorandum of Understanding with the City of Lake Oswego and the City of
Tigard Regarding a Water Supply Partnership - Dennis Koellermeier
Action: Motion to approve the Memorandum of Understanding with the City of Lake Oswego and
the City of Tigard regarding a water supply partnership.
8. Update on Property Issues:
■ PGE easement at the water building
■ WCCCA/City of Tigard communication tower sublease
Action: Direction from the Board regarding routine or minor real property issues.
9. Water Supply Update - City of Tigard Staff
10. Informational Items
INTERGOVERNMENTAL WATER BOARD AGENDA- DECEMBER 12, 2007
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 xvww.tigard-or.gov I Page 1 of2
11. Non-Agenda Items
Call for non-agenda items from Board
12. Future Agenda Items
■ Credit for Leak Policy Review
13. Next Meetings:
■ January 9, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
■ February 13, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street,Tigard, Oregon
■ February 19, 2008, 6:30 p.m. - Special Joint Meeting with the Tigard City Council
Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon
14. Adjournment
Action: Motion for adjournment.
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are
confidential and those present may disclose nothing from the Session. Representatives of the news media
are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public
INTERGOVERNMENTAL WATER BOARD AGENDA—DECEMBER 12, 2007
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2
I
Sign-in Sheet
Intergovernmental Water Board Meeting
Date: .bccem&_r /o? o200
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
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Intergovernmental Water Board (IWB)
Meeting Minutes
December 12, 2007
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Julie Russell Representing the Tigard Water District
Bill Scheiderich Member at Large
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Public Works Assistant Director Brian Rager
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 5:31 p.m.
2. Approval of Minutes — November 28, 2007
Commissioner Buehner motioned to approve the November 28, 2007 minutes;
Commissioner Russell seconded the motion. The minutes were approved by unanimous
vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes.
3. Public Comments:
Mr. Phil Decker, 14540 SW 148'h Place, Tigard, Oregon, explained he was a retired
California attorney and wished to update the IWB on Tigard Water District (TWD)
activities. He stated the annual income of the TWD was approximately $17,000. New
TWD Commissioners took office about six months ago and filed suit against the City of
Tigard. In their six month tenure, the District has spent about $17,000 in attorney fees.
Mr. Decker expressed concern over the District's spending on non-water related
activities and said he hoped this spending would not continue.
4. Potential Water Partnership with the City of Sherwood
This item was postponed to a future meeting.
5. Renewable Energy Options
Mr. Koellermeier introduced this topic and explained some water utilities had decided to
purchase renewable energy. He said participation was voluntary, and he had no
recommendation for the Board. If the Board was interested in purchasing renewable
energy, these costs could be incorporated into the upcoming budget.
Two representatives from Portland General Electric (PGE) were introduced: Manager of
the Renewable Power Program Thor Hinckley and Key Customer Manager Paula
Intergovernmental Water Board Minutes December 12,2007
1
Conway. Mr. Hinckley and Ms. Conway distributed information packets and provided an
overview of the renewable energy program. An information packet is on file in the IWB
record.
Costs to operate the Tigard Water Service Area's meters with 100-percent, pollution-
free, wind-generated, renewable energy are as follows:
■ larger meters would be charged at a fixed premium of 1.1 cents per kilowatt hour
■ smaller meters would be charged at a fixed premium of .8 cents per kilowatt hour
These premiums would be in addition to existing energy costs.
Mr. Goodrich said existing energy costs were in the $200,000 range. Commissioner
Buehner estimated the switch to 100-percent, renewable energy would result in a 10-
percent increase, or $20,000 annual premium.
The Board requested staff prepare information on the actual cost of the renewable
energy options.
6. Consider Making a Recommendation to the Tigard City Council Regarding
Approval of the Tualatin Basin Water Supply Partnership Memorandum of
Agreement
This item was continued from the Board's November 28, 2007 meeting.
Commissioner Scheiderich confirmed there was no financial commitment associated
with the agreement.
Commissioner Winn made a motion to recommend approval of the Tualatin Basin Water
Supply Partnership Memorandum of Agreement to the Tigard City Council;
Commissioner Carroll seconded the motion. The recommendation was approved by
majority vote with Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes.
Commissioner Russell had not discussed the matter with the Tigard Water District and
abstained.
7. Consider a Memorandum of Understanding (MOU) with the City of Lake
Oswego and the City of Tigard Regarding a Water Supply Partnership
Mr. Koellermeier distributed two MOUs: one with revisions highlighted in red, and a final
version which included the revisions. These documents are on file in the IWB record.
Commissioners Buehner and Scheiderich had participated in the development of the
MOU.
Commissioner Buehner commented on the positive nature of the discussions and noted
those who worked on developing the MOU had become strong supporters of the
proposed water partnership.
Commissioner Scheiderich said elected officials from Lake Oswego didn't consider the
water partnership as an urgent need. They had expressed concern over placing a
funding issue related to the water partnership on the 2008 ballot.
The MOU specifies the next step in the partnership is the creation of an
intergovernmental agreement (IGA). The deadline for completion of the IGA is the end of
June.
The Board discussed the timeline for selecting a long-term water source.
Intergovernmental Water Board Minutes December 12,2007
2
Commissioner Buehner mentioned the Cities of Tigard and Tualatin were listed as
authorized users of Lake Oswego's water rites. Some of Lake Oswego's water rights
may be lost if the partnership with the City of Tigard is not formed.
Mr. Koellermeier added that at the staff level, the Cities of Tigard and Lake Oswego
have agreed to:
■ Let Tigard take the lead in developing the IGA
■ Retain Attorney Clark Balfour to prepare the IGA
Mr. Koellermeier recommended the IWB execute the MOU and continue moving forward
with the water partnership.
Commissioner Buehner motioned to approve the MOU between Lake Oswego, the City
of Tigard, and the IWB; Commissioner Carroll seconded the motion. The MOU was
approved by majority vote with Commissioners Buehner, Carroll, Scheiderich, and Winn
voting yes. Commissioner Russell abstained.
8. Update on Property Issues
Mr. Koellermeier mentioned Portland General Electric's (PGE's) request for an
easement and TriMet's request to locate an antenna on the Washington County
Consolidated Communications Agency's (WCCCA's) communication tower. He asked
what level of involvement the Board would like to have regarding temporary or minor real
property issues. The tenancy in common agreements necessitate real property
transactions be considered by the member jurisdictions of the IWB.
Commissioner Buehner said that placing an antenna on the communication tower was
administrative in nature. However, she indicated she had given some earlier input
regarding the PGE easement and thought this type of matter merited a higher level of
Board and IWB member jurisdiction involvement.
The Board confirmed that given the amount of time required for each IWB member
jurisdiction to consider such matters, it was comfortable with Mr. Koellermeier continuing
to grant temporary approvals in order to allow the easement and antenna process to
continue. Ultimately, resolutions will be prepared for each member jurisdiction to
consider.
Commissioner Scheiderich suggested the TriMet antenna agreement contain a non-
interference clause stating the TriMet antenna may not interfere with any City uses
including radio transmissions.
9. Water Supply Update
Mr. Goodrich reported the following:
■ 1.65 million gallons per day are being injected into aquifer storage and recovery
well 2
■ Water demand has been in the 3.45 million gallons per day range, which is
typical for this time of year
■ The water system had not been damaged by the recent rain storm
Intergovernmental Water Board Minutes December 12,2007
3
10. Informational Items
With regard to the Board's previous discussion about additional tenancy in common
agreements, Commissioner Winn reported that when King City was formed in the mid-
1960s the Tigard Water District was the water provider. The District remained the water
provider until the City of Tigard took over in 1994.
11. Non-Agenda Items:
Mr. Koellermeier asked if the Board would like to view the "Water for Tomorrow" DVD
developed to educate water customers about future water sources. Commissioner
Scheiderich directed the DVD be played after the meeting adjourned.
12. Future Agenda Items
■ Credit for Leak Policy Review
There was no discussion about future agenda items.
13. Next Meetings:
■ January 9, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
■ February 13, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
■ February 19, 2008, 6:30 p.m. - Special Joint Meeting with the Tigard City Council
Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
Commissioners Scheiderich and Buehner advised they would be out of town on March
12, 2008.
14. Adjournment
Commissioner Scheiderich adjourned the meeting at 6:19 p.m.
14,eo-
Greer A. Gaston, IWB Recorder
Date: Ou4m
p.
Intergovernmental Water Board Minutes December 12,2007
4
Agenda Item No.: ?i
IWB Meeting Date: /Z - t2 a4—
Intergovernmental Water Board (IWB)
Meeting Minutes
November 28, 2007
Tigard Public Library
2nd Floor Conference Room
13500 SW Hall Blvd.
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Patrick Carroll Representing the City of Durham
Julie Russell Representing the Tigard Water District
Bill Scheiderich Member at Large
Dick Winn Representing the City of King City
Members Absent: None
Staff Present: Public Works Assistant Director Brian Rager
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. Receive and File Minutes from the July 17, 2007, Joint Meeting with Lake
Oswego and Tigard City Councils
Commissioner Buehner motioned to approve the July 17, 2005 minutes; Commissioner
Winn seconded the motion. The minutes were approved by a majority vote, with
Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes. Commissioner
Russell was not at the July 17 meeting and abstained.
3. Approval of Minutes —October 10, 2007
Commissioner Carroll motioned to approve the October 10, 2007 minutes;
Commissioner Winn seconded the motion. The minutes were approved by majority vote,
with Commissioners Carroll, Russell, Scheiderich, and Winn voting yes. Commissioner
Buehner was not at the October 10 meeting and abstained.
4. Public Comments: None
5. Discussion of Additional Tenancy in Common Agreements for Properties
within the Tigard Water Service Area - Continued
This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier
summarized the Potential Properties for Tenancy in Common Agreements handout. The
handout included information on annexation and the owner of record for the properties
and is on file in the IWB record.
Intergovernmental Water Board Minutes November 28,2007
1
Commissioner Buehner pointed out that all the annexed properties in which the TWD is
listed as the owner of record, were annexed prior to the 1993 intergovernmental
agreements (ICAs).
Commissioner Russell reported she has been reviewing past TWD minutes. She said,
when the IGAs were being created in 1993, the TWD Board was under the impression
the assets would be frozen and would remain in the ownership of the jurisdiction on the
deed.
Commissioners Carroll and Buehner asserted this was contrary to IGAs. The
Commissioners discussed various legal opinions on the matter. Commissioner Winn
added that the IGAs should govern ownership.
Commissioner Scheiderich inquired about the TWD's opinion regarding TWD owner of
record properties within the City of Tigard. Commissioner Russell responded that the
TWD should remain the owner of record, especially given the pending litigation. She
presented a letter requesting the IWB not consider additional tenancy in common
agreements until the litigation is resolved. The letter is on file in the IWB record.
Commissioner Carroll asserted that the properties in question were purchased from
water revenues, and the majority of these revenues were generated from water
customers the TWD does not currently represent. If the TWD represented 20 percent of
the district, then it only paid for 20 percent of the assets. City of Tigard ratepayers would
have paid for the largest share of each of the properties.
Commissioner Scheiderich verified that all of the properties in question are dedicated to
the use of the water system.
Commissioner Scheiderich said that since the additional tenancy in common
agreements were not time sensitive, the matter should be tabled until the pending
litigation is resolved. He asked for IWB consensus on the matter.
Commissioner Winn stated he did not wish to table the issue and said the TWD's actions
were disrupting the IWB's business.
The Commissioners discussed how long it may take to resolve the pending litigation.
Commissioner Buehner said she would agree to set the matter aside as long as it was
acted on within six months.
Commissioner Scheiderich asked for consensus to table the matter for six months or
until the litigation was resolved.
Commissioner Carroll concurred with Commissioner Winn's comments, but said he
would go along with Commissioner Scheiderich's proposal.
Commissioner Russell supported tabling the issue until the litigation is settled.
The majority consensus (Commissioners Carroll, Russell and Scheiderich) was to table
consideration of additional tenancy in common agreements for six months or until the
current litigation between the City of Tigard and the TWD was resolved.
Intergovernmental Water Board Minutes November 28,2007
2
6. Discuss Disposition of Property for Burnham Street Improvements- Continued
This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier
advised the Board of new information: the parcel under consideration is actually part of
the water building property and as such falls under the tenancy in common agreement.
The entire parcel is approximately 5,560 square feet, with about 2,000 square feet
needed for right-of-way.
The Board discussed dedicating or selling all or part of the parcel to the City of Tigard. It
was not known if the City had any interest in purchasing the property. The Board also
discussed how the value of the property might be determined.
Commissioner Winn motioned to dedicate the entire parcel as right-of-way. There was
no second and the motion was not placed before the Board for consideration.
Commissioner Buehner motioned to dedicate the twelve-foot strip and leave the
remaining 3,000 square feet in joint ownership; Commissioner Carroll seconded the
motion.
Commissioner Carroll requested staff investigate whether the City of Tigard was
interested in purchasing the remaining portion of the parcel. Commissioner Scheiderich
termed this request as a "friendly amendment."
The motion passed by a majority vote with Commissioners Buehner, Carroll,
Scheiderich, and Winn voting yes, and Commissioner Russell voting no.
7. Revised - Elect an IWB Representative to the Washington County Technical
Advisory Committee - Continued
This item was continued from the Board's October 10, 2007 meeting. Commissioner
Scheiderich referred to letter from Washington County Principal Planner Joanne Rice
and summarized various newspaper articles. These items are on file in the IWB record.
Commissioner Buehner motioned to appoint Commissioner Scheiderich; Commissioner
Carroll seconded the motion. Commissioner Scheiderich was appointed to the
Washington County Technical Advisory Committee by unanimous vote, with
Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes.
8. Consider Making a Recommendation to the Tigard City Council Regarding
Approval of the Tualatin Basin Water Supply Partnership Memorandum of
Agreement (MOA)
Mr. Koellermeier explained supporting the MOA will demonstrate to the federal
government that the partnership continues to support the Title Transfer Project. The
MOA does not require any additional financial commitment.
Mr. Koellermeier reported the cost estimate for the project has been updated and the
IWB's share of the dam raise and plant expansion is now $87 million. This amount does
not include transmission costs which will probably double this estimate. The IWB has
between an 11 and 17 percent share in various project components. The share of the
water produced would be about 13 or 14 million gallons per day.
Commissioner Buehner expressed concern about spending money on this project when
the project does not seem to be in the best interest of the ratepayers. Mr. Koellermeier
Intergovernmental Water Board Minutes November 28,2007
3
said if the IWB/City of Tigard decide to back out of the project, there may be a way to
recoup previous investments.
There is a tentative meeting scheduled with the Tigard City Council in February. The
goal will be to have information available on all the long-term water options currently
under consideration. The Board and the Council may decide to eliminate or sell their
interest in some options.
Commissioner Russell requested the Board hold off on taking action on the MOA until
she shared the document with the TWD's legal counsel.
The Board discussed the timeline for considering the MOA and continued the matter to
the December 12, 2007 meeting.
Mr. Koellermeier explained that there would be a similar timeline issue with the Lake
Oswego MOU. It was decided he would furnish this MOU to the TWD Board, so the
TWD's representative to the IWB would be ready to take action at the December 12
meeting.
9. Water Supply Options
Mr. Goodrich reported the following on aquifer storage and recovery (ASR):
■ Injection started yesterday into ASR 2
• Winter interruptible water was available as of November 1
■ The City of Tigard has 2 1/2 months of injection to reach capacity
Mr. Koellermeier:
■ reported on the construction of Reservoir No. 2
■ summarized the Lake Oswego MOU. The timeline is to create a final agreement
within six months.
■ advised the IWB and Tigard City Council may need to disengage from some
long-term water options before other options are finalized.
10. Informational Items: None
11. Non-Agenda Items: None
12. Next Meeting - December 12, 2007, 5:30 p.m.
Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
13. Executive Session
At 6:28 p.m. Commissioner Scheiderich announced there was a request to go into
executive session to discuss real property transaction negotiations under ORS
192.660(2)(e).
Commissioner Carroll motioned for the Board to go into executive session;
Commissioner Winn seconded the motion. The motion was approved by unanimous
vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes.
The Board came out of executive session at 6:34 p.m.
Intergovernmental Water Board Minutes November 28,2007
4
14. Adjournment
Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded
the motion. The motion was approved by unanimous vote, with Commissioners Buehner,
Carroll, Russell, Scheiderich, and Winn voting yes.
The meeting was adjourned at 6:34 p.m.
Greer A. Gaston, IWB Recorder
Date:
Intergovernmental Water Board Minutes November 28,2007
5
Submitted at the IWB Meeting
A
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By: AF k 5 gin ck
Clean Winds" Date: 12-12 -01- Agenda Item No.: 5
Support Levels
You have the --�,--,lrver
to make a difference.
Wednesday, December 05, 2007
Proposal to City of Tigard
Schedule 83
12 Month kWh Ending October 2007: 1,865,775
Averaged Monthly kWh: 155,481
Current Participation Level
Current Benefit Level: N/A
Current Investment Level: N/A
Clean Wind Award Levels
kh kWh
Monthly Pu ch sed Purchased % of Green
Premium Year Month Power
100% $1,710 1,865,775 155,481 100.00%
GOLD $751 819,000 68,250 43.90%
SILVER $584 637,000 53,083 34.14%
BRONZE $250 273,000 22,750 14.63%
Schedule 32" $7 10,591 883 100.00%
'Estimated based on annual aggregate usage from schedule 32 accounts at$0.008/kWh
PGE
Portland General Electric
PortlandGeneral.biz/CleanWind
Podid Custcode Premise Rate Service address Annual kWh
940834508 000878784 0038761 321C 13425 SW 154 AVE 1,734
319834482 000570052 0487483 321C ABT DURHAM ROCK 1,013
542913710 000475213 0041463 321C 10930 SW GAARDE ST 953
722259486 000401917 0736789 321C 10120 SW NORTH DAKOTA ST 729
354349939 000401917 0675697 321C ABT SW 66 AV&BAYLOR 289
387174502 000570052 0186608 323C ABT 12985 SW 135 AV 2,129
769793958 000570052 0829005 323C 7585 SW HUNZIKER ST 1,770
261102435 000885505 0726966 323C 14255 SW HIGH TOR DR 1,214
357628222 000570052 0235603 323C SW BEEF BEND RD 760
383626391 000570052 0429241 83C2 ABT SW 125&SW BULL MT 560,960
349454841 000570052 0489054 83C2 10490 SW CANTERBURY LN 479,880
386873610 000401917 0266417 83C2 12980 SW 132ND AVE 365,040
769796185 000532555 0831188 83C2 12475 SW BULL MOUNTAIN RD 169,200
353826735 000570052 0330807 83C2 ABT BONITA RD&72 AV 135,040
384136918 000570052 0364444 83C2 ABT SW 144 AV&HI TOR 106,135
385538679 000570052 0347724 83C2 ABT 120 AV&GAARDE 49,520
Commercial & Industrial Customer Benefits Complimentary Publicity and Recognition
Clean Winds"' '
Promotion 100% Gold Silver Bronze
Customized Recognition at employee event
PGE provides a customized employee recognition program
to educate employees on your commitment to buy green power X
Inclusion in page dominant quarterly Oregonian Ad
100% level receives premium recognition, Gold receive secondary
recognition, Silver get tertiary mention, Limit 25 characters maximum. X X
Eligible for space in Green Community Coupon Book—Circulation 53,000+ X X
Engraved recognition plaque X X
Marketing ToolKit CD X X
Name featured in various PGE publications and at various events X X X
VIP presentation of plaque(or certificate) at recognition event X X X X
Previous presenters include Senator Wyden and Senator Smith
Listing on PGE's Web Site X X X X
Listing in Renewable Report Newsletter-Circulation 53,000+ customers X X X X
Certificate X X X X
Window Decal X X X X
Benefits Fair Market Value $45,000 $30,000 $20,000 $6,500
Portland General Electric
WE ' D LIKE TO THANK
THE FOLLOWING CUSTOMERS
FOR CHOOSING CLEAN ,
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Burgerville Organically Grown Hazardous Waste
World Cup Coffee Glumac Company Facility
and Tea Stoller Vineyards Yahoo! Tidee Didee
Patrons
EPSON Portland, Inc. Laurelhurst Theater American Honda
& Pub Motor Company, Inc.
Oregon Department
of Energy Siltronic Corp. Metro Solid Waste
& Recycling
Blossoming Lotus McMenamins
Breweries Boise White Paper,L.L.C.
"Toyota Motor Sales USA, Inc.
Norm Thompson Sunset Athletic Club
Intel
Torpet L.L.C. Vernier Software
Lewis tic Clark College and Technology
Staples, Inc.
The Standard Sunshine Dairy
Temp-Control
Powell's Books Mechanical Corp. Lake Oswego Water
Treatment Plant
Yoga Pearl
Sponsors -
Kinko's Inner City Properties Grand Central
Multnomah County Paper Zone Baking Company
Food Front Miller Paint New Seams Market
Cooperative Grocery ECO Car Wash Suburban Door Company
Xerox Pizzicato Pizza Sokol Blosser Winery
Wild Oats Parr Lumber
YOLO Colorhouse
ESCO Rodda Paint
Portland Roasting
Joe's
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spawning grounds for coho salmon,steelhead and The overall goal was to open up fish passage in the creek; features a full cocktail bar and grill,the Garden Room for at Elephants Delicatessen locations PI DIF
sea-run cutthroat trout.However,a series of old culverts said Bernadette Graham Hudson,a stream restoration private dining,and a wide assortment of cheese,homemade with the coupon found at the back
passing under roads made it difficult for fish to return to biologist for the Oregon Department of Fish and Wildlife, pastries,breads,sandwiches,salads and desserts. of this newsletter.
the gravel beds of their birth who helped oversee the project."The woody debris we have
added will increase the diversity of habitat in the stream."
But the creek's fish remained determined to reach
their instinctive goal.A recent survey found a handful All that work paid off more quickly than expected.A month Go
d with RenewabIe Report
of juvenile coho and cutthroat trout still in the creek, after the project was completed in October 2006,Hudson got
indicating it wasn't too late to restore healthy habitats a call from a Cedarhurst resident reporting that adult salmon
to Spring Creek. were in the stream.When she went to investigate,she found Did you know you can save paper and receive this newsletter
electronically?Just send us an e-mail message and include your postal
nine spawning coho salmon.
That's when residents of Estacada's Cedarhurst mailing address,so we know who to take off our mailing list.When
neighborhood decided to work together and help "To have that many fish spawning in the creek so soon is the next issue is ready,you'll receive an Adobe PDF®file with all of `
the fish make their ancient journey home. gratifying,"said Hudson. "It's icing on the cake." the same articles and coupons that appear in the printed version.And Vl
in 2008,we will migrate from a PDF version to a full HTML version,
r.i complete with links to more information.We encourage as many
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Connection Friends of Trees-www.friendsoftrees.org an electronic version is more sustainable and more in keeping with
Resources for sustainable events and Friends of Tryon Creek State Park-www.tryonfriends.org the values of our renewable energy program.We hope in the future
Three Rivers Land Conservancy g majority
volunteer opportunities y-www.trlc.or to send out the ma ori of our newsletters via e-mail:'If you'd like
Johnson Creek Watershed Council-www.jcwc.org to stop receiving the printed newsletter and opt for the digital version,
The organizations listed to the right offer
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Agenda Itern No.: 110
IWB Meeting Date:
TUALATIN BASIN WATER SUPPLY PARTNERSHIP
MEMORANDUM OF AGREEMENT
OCTOBER 1 1
77
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Table of Contents
1) Introduction..............................................................................................................1
2) Areas of Agreement ...................................................................................................2
3) Principles of Agreement..............................................................................................4
Backgroundon the Project.............................................................................................................4
BenefitStatements and Principles of Agreement......................................................................5
TenPrinciples of Agreement for the Title Transfer...................................................................7
Four Additional Principles of Agreement for the Water Supply Project........................... 10
4) Governance Structure and Operating Framework..........................................................12
SectionOne: Management and Operations........................................................................... 12
Section Two: Allocation of Water and Water Rights........................................................... 17
Section Three: Ownership of Assets.......................................................................................... 17
Section Four: Project Funding..................................................................................................... 18
Section Five: Assumption of Liability........................................................................................20
SectionSix: Sales of Excess Water Supply............................................................................20
Section Seven: Provisions for Drought Management.............................................................22
Section Eight: Addition and Withdrawal of Partners............................................................23
SectionNine: Dispute Resolution...............................................................................................23
S) Signatures..............................................................................................................25
Appendix: Statement of Proposed Action
1 ) INTRODUCTION
After several months of preliminary discussions, representatives of the Tualatin Basin
Water Supply Partners began meeting as a "Governance Task Group." The Task
Group was responsible for selecting a governance structure and framework that would
serve to cohesively bind the group together in a manner that will allow for efficient
and effective ownership and management of the Tualatin Project.
The Task Group met ten times between June and October 2007. The final product of
the Task Group is this Memorandum of Agreement (MOA).
The group began its work by clarifying the goals,perceptions,issues, and concerns of
each of the represented organizations. This led to the completion, in July 2007,of the
Task Group's Principles of Agreement, which are part of this MOA.
The Task Group reviewed and evaluated a number of potential governance models as
part of its work, and after significant discussion and debate, determined that a
structure similar in form and function to the area's Joint Water Commission would be
a governance structure most suited to, and politically accepted by,the partnering
agencies. This Governance Structure and Operating Framework is also included in this
MOA. The participating agencies selected the Tualatin Basin Water Supply
Partnership as the title for their new, collaborative management structure.
This Memorandum of Agreement, which has been signed by all of the represented
organizations,is meant to serve as the basis for a more legalistic Intergovernmental
Agreement, which will follow. This memorandum contains five agreements among the
Tualatin Partners:
1. An agreement to continue to pursue title transfer of the Tualatin Project.
2. An agreement to continue to pursue the potential expansion of the Tualatin
Project.
3. An agreement to abide by the Principles of Agreement as developed by the
Governance Task Group.
4. An agreement to abide by the Governance Structure and Operating Framework
as developed by the Governance Task Group.
5. An agreement to continue to work collaboratively on the"next steps" required
to enact this MOA.
Memorandum of Agreement
Tualatin Basin Water Supply Partnership
October 31, 2007
2) AREAS OF AGREEMENT
We,the undersigned, as Partners in the Tualatin Basin Water Supply Partnership,
agree to the following:
AGREEMENT ONE: THE PARTNERS WILL CONTINUE TO PURSUE TITLE TRANSFER OF THE
TUALATIN PROJECT.
The Partners recognize the benefits of local ownership and control of the Tualatin
Project, which includes Scoggins Dam and its associated facilities. The Partners will
continue to work together to foster the successful transfer of the project from the U.S.
Bureau of Reclamation to the Tualatin Partnership. This will include participation in
meetings and discussions,review of evaluative information as it becomes available,
and general good will and political support for the transfer of title. The Partners agree
to work actively to ensure that title transfer is successfully completed by March 2008.
The Partners recognize that final decisions on title transfer cannot be made until
additional assessments have been completed. These include an assessment of the
potential environmental impacts and benefits of the transfer,the costs associated with
the transfer, and the liabilities the Tualatin Partnership will assume as a result of title
transfer. These evaluations are due to be completed in December 2007. Upon their
completion, the Partners will meet to review the data and make the decisions
necessary and appropriate regarding the transfer of title.
AGREEMENT TWO: THE PARTNERS WILL CONTINUE TO PURSUE THE TUALATIN WATER
BASIN SUPPLY PROJECT.
The Partners recognize that there could be significant benefits in increasing the
amount of water stored behind Scoggins Dam, and in improving the infrastructure
necessary to supply that water to the entities that make up the Tualatin Partnership.
The Partners recognize there are a number of unknowns associated with the supply
project,including cost,potential environmental impacts and benefits, water
allocations, pricing, and numerous other issues. Nonetheless, the Partners agree that
the project is a worthwhile pursuit.The Partners pledge that they will continue to
work in good faith with one another to pursue the project to a successful conclusion.
Memorandum of Agreement 2
Tualatin Basin Water Supply Partnership
October 31, 2007
AGREEMENT THREE: THE PARTNERS WILL ABIDE BY THE PRINCIPLES OF AGREEMENT THEY
HAVE CRAFTED TOGETHER.
The Partners acknowledge that they worked in a collaborative,open, and
participative manner to develop the Principles of Agreement included in this MOA.
The Partners acknowledge that the Principles were written to address the numerous
issues, concerns, and priorities of the various Partners. The Partners pledge that they
will uphold these Principles as title transfer and the water supply project continue to
be pursued.
AGREEMENT FOUR: THE PARTNERS WILL ABIDE BY THE GOVERNANCE STRUCTURE AND
OPERATING FRAMEWORK THEY HAVE CRAFTED TOGETHER.
The Partners acknowledge that they worked in a collaborative,open, and
participative manner to select a governance model that best serves the needs of the
entire Partnership. Discussions on that model led to the development of the
Governance Structure and Operating Framework included in this MOA.The Partners
pledge that they will uphold the decisions that led to the development of this
Governance Structure, and further pledge that the Intergovernmental Agreement will
incorporate the precepts included in the Governance Structure.
AGREEMENT FIVE:THE PARTNERS WILL ACTIVELY PARTICIPATE IN THE "NEXT STEPS"
REQUIRED FOR IMPLEMENTATION OF THE ELEMENTS OUTLINED IN THIS MOA.
Those action items include:
The formation of an intergovernmental agreement that will incorporate the
precepts provided by this Memorandum of Agreement.
➢ Review of, and decisions related to the environmental,cost, and liability
impacts associated with title transfer.
A Continued meetings among the Partners to review new information,
developments,outstanding issues, and activities associated with title transfer
and the supply project.
➢ Continued willingness to meet with and brief policy makers at all levels
regarding the Tualatin Project and Partnership.
Memorandum of Agreement 3
Tualatin Basin Water Supply Partnership
October 31, 2007
3) PRINCIPLES OF AGREEMENT
BACKGROUND ON THE PROJECT
The Tualatin Partnership is currently comprised of the cities of Beaverton, Forest
Grove, Hillsboro and Tigard, Clean Water Services,the Tualatin Valley Water
District (TVID),the Tualatin Valley Irrigation District, Washington County, and the
Lake Oswego Corporation. These nine Partners have worked together over the past
year to develop a governance agreement that will enable them to assume ownership of
the Tualatin Project- Scoggins Dam and its associated facilities - from the U.S.
Bureau of Reclamation.
While numerous benefits will be achieved through title transfer alone, a number of the
Partners are actively pursuing, and hope to invest in,the Tualatin Water Supply
Project, which would raise the level of Scoggins Dam, and would provide a substantial
new source of water supply.
Each of the Partners appointed representatives to the Tualatin Partners Governance
Task Group,which began working together in June 2007 to collaborate, and agree on,
a new governance structure. The Task Group developed these draft Principles of
Agreement during July 2007. These Principles were followed,in turn by the
development of a Governance Structure and Operating Framework, which is also
included in this Memorandum of Agreement.
As background on the overall effort,it is helpful to first understand the interests of
the various parties involved.
Currently,The Tualatin Valley Irrigation District is contracted to use 27,022 acre/feet
of the stored water in Hagg Lake (the water reservoir behind Scoggins Dam). TVID is
satisfied with its existing contracts with the Bureau of Reclamation. TVID does not
need additional water and has no plans to invest in the new water supply project.
Likewise, the Lake Oswego Corporation, which has an existing contract with the
Bureau for 500 acre/feet of the stored water volume,has not committed funding
toward the new water supply project at this point.
Memorandum of Agreement 4
Tualatin Basin Water Supply Partnership
October 31, 2007
Washington County does not have contracts for any of the stored water in Hagg
Lake, but it does lease property from the Bureau of Reclamation for County park
facilities. It does not plan to invest in the water supply project, and will want
assurances from the Partnership that the original project purpose of recreation
continues to be recognized, and that those park facilities will be replaced if the dam is
raised.
These three entities are commonly referred to as "repayment contractors," since they
have remaining loan payments to, and existing contracts with, the Bureau of
Reclamation.
The other Partners plan to invest in the new water supply project, which is currently
estimated to cost between $3004400 million. The Tualatin Valley Water District
(TVWD) proposes to invest the most money; current plans are for the TVWD to own
up to 44% of the new water supply project. The other investors in the new water
supply project include the cities of Hillsboro, Beaverton,Tigard and Forest Grove, as
well as Clean Water Services.
With the exception of Tigard and TVWD, all of these entities also have existing water
supply contracts with the Bureau of Reclamation for water stored in Hagg Lake. The
proposed percentage of their new investments in the water supply project varies from
1-50%,based on the volume of water that will be available once the dam is raised.
TVWD, Hillsboro,Beaverton, and Tigard are in need of new water supplies in the
immediate future,ranging from 2016 to 2020. Forest Grove will not need additional
water for an estimated 30-35 years.
Clean Water Services (CWS)is a public utility committed to protecting water
resources in the Tualatin Watershed. In order to protect watershed health, CWS
releases water from Hagg Lake to enhance the ecological functions of the Tualatin
River and its tributaries. It requires that there be adequate storage capacity in Hagg
Lake to ensure sufficient ecological stream flows throughout the basin during critical
periods of the year. CWS is currently under contract with the Bureau for 12,618
acre/feet of the stored water at Hagg Lake.
In a sense, then, it is useful to view the Partners through two different lenses—those
with existing contracts and no immediate need for additional supplies—the
"repayment contractors" and those we might term"new investors," which are the
entities that are actively pursuing both the title transfer and the water supply project.
BENEFIT STATEMENTS AND PRINCIPLES OF AGREEMENT
These Principles of Agreement will serve as a framework for how the nine Partners will
work together over the long term to manage the water supply provided by the
Tualatin Project. These Principles also served as the starting point for the Task
Group's Governance Structure and Operating Framework, which was completed in
Memorandum of Agreement 5
Tualatin Basin Water Supply Partnership
October 31, 2007
September 2007. As it initiated its work,the Task Group also developed a number of
benefit statements associated with the title transfer and the water supply project.
Benefit Statement: What will the Tualatin Basin gain through title transfer?
Even without the new water supply project, title transfer of the Tualatin Project will
be beneficial:
It will provide the participating entities with local control over the source of
supply.
It will build ownership equity in the Scoggins Dam system. The local Partners
will own the system, rather than lease water from the Bureau of Reclamation.
It allows for the entities with existing contracts, and some amount of excess
water, to buy, sell,lease,and/or trade that water directly to the other
Partners.
Title transfer enables the participating Partners to greatly increase the
flexibility with which they can manage their water resources,enabling them to
move water where and when it is needed the most for a wide variety of needs,
ranging from drinking water to irrigation to the improvement of water quality
in the Tualatin River.
Local ownership will allow the Tualatin Partners to integrate the operation of
Scoggins Dam with other water supply resources for enhanced efficiency.
Title transfer allows the Partners to obtain ownership of a water supply
system at a very low relative cost. It is also likely to allow those Partners to
make structural and other improvements to the existing dam more quickly,
efficiently and inexpensively than could be achieved through the current
arrangement with the federal government.
➢ In general, title transfer will enable the Partners to manage the dam and its
associated facilities with greater cost and operational efficiency.
➢ Local ownership will enable the Partners to significantly increase their ability
to share and trade staff resources, expertise, and technological capabilities
among all of the entities involved.
Benefit Statement: What will the Tualatin Basin gain through the new
water supply project?
If the new water supply project is built, all of the benefits associated with title
transfer will continue to remain in effect. In addition, the water supply project will
benefit the Partners by:
➢ It will significantly increase the volume of water available to the entities which
need that water.
The project will enhance the overall reliability of the water supply, and will
greatly increase operational flexibility—there will be more supply to meet the
growing needs of the region.
Memorandum of Agreement 6
Tualatin Basin Water Supply Partnership
October 31, 2007
Design and construction of the new dam can be achieved at a substantial cost
and time savings if it is accomplished through a locally-controlled
management authority. Current estimates are that the project can be designed
and built within six years,which is estimated to be three years shorter in
duration than the construction time required with the federal government in
control. Current estimates of the potential cost savings achievable through
local control range from $30440 million.
TEN PRINCIPLES OF AGREEMENT FOR THE TITLE TRANSFER
The nine participating Partners have agreed to the following ten principles related to
title transfer:
1) All Partners will be made whole.
The benefits and costs of each Partner's participation in the long-term water
supply Partnership will be thoroughly evaluated. All Partners will be made
whole—that is, no Partner will be asked to sacrifice an existing water supply,
pay a disproportionate share for their water, or otherwise"lose"any existing
benefit by participating in the Partnership. By joining the Partnership for the
long term,no single entity is going to be worse off than they are today, and the
ultimate goal of the Partnership is to ensure that those entities enjoy
substantial benefits. This is a bottom-line criterion for the entire Tualatin
Basin Water Supply Partnership. The Partnership will continually question
and check itself: Have all of the Partners been made whole as we are moving
ahead?
2) The Tualatin Partnership will provide liability protection.
Existing repayment contractors will be protected against liability to the same
degree they are currently protected through the Bureau of Reclamation. For
example, all entities with current contracts are protected from lawsuits that
could occur related to earthquake or flood damage. Protection against those
disasters, as well as any other risk protection currently provided by the
Bureau, will be maintained by the Tualatin Partnership.
Some risks are not currently protected by the Bureau, and those risks will
continue to remain unprotected. For example, if drought conditions prohibit
the dam from being filled, neither the Bureau nor the Tualatin Valley
Irrigation District can be held liable for the financial losses that might be
associated with crop failure. Likewise, the Tualatin Partnership will not
provide any type of liability protection that is currently not provided by the
Bureau of Reclamation.
Existing responsibilities will also remain in force and will not be covered by the
Tualatin Partnership. For example, Washington County is responsible for
Memorandum of Agreement 7
Tualatin Basin Wafer Supply Partnership
October 31, 2007
insuring itself against any lawsuits that could arise if park users are injured.
The County's risk responsibilities,as well as the current risk responsibilities of
any of the other entities, will not change under the title transfer.
Bottom line: Liability risks that are currently protected by the Bureau of
Reclamation will continue to be covered by the Tualatin Partnership. Liability
risks that are currently the responsibility of the individual partner entities will
remain the responsibility of those entities.
This Principle has also been included in the Governance Structure and Operating
Framework. Work will continue between October-December 2007 to further
define the risks,liabilities, and insurance necessary to manage the liability
associated with title transfer.
3) Power costs will remain stable.
Federal law allows the Tualatin Valley Irrigation District access to power from
the Bonneville Power Administration at cost,plus a fee for wheeling the power
to the TVID by a local utility. This is a significant cost benefit for the TVID,
and one that will continue to be maintained in the future. The Tualatin
Partnership will work closely with the Bureau of Reclamation to understand
the options related to power supply costs as the title transfer transaction is
developed. Through these negotiations, the Tualatin Partnership will find a
way to assure the TVID of its current power rate, plus or minus any normal
changes to the BPA and wheeling costs. This is implicit through Principle#1,
which is to make all of the Partners whole.
Investigations will continue throughout 2007 to determine whether the BPA
subsidy will be available after title transfer. If the subsidy will not be
available,the Partnership will work to determine how those power costs can be
assumed as part of overall project costs.
4) Access to fundamental water supplies wilLbe protected.
Every participating entity will have guaranteed access to the same proportion
of water it now has under contract with the Bureau. Furthermore, that access
will be guaranteed in the same priority order currently in place through the
Bureau of Reclamation contracts. Details of these water allocations are
included in the Governance Structure and Operating Framework.
5) Regulatory and other obligations will be fulfilled.
The Bureau of Reclamation currently abides by a number of regulatory
mandates that govern how the dam is managed and operated. These include
federal and state statutes, as well as environmental obligations, for example
habitat mitigation and the protection of fish species and elk herds. Any and all
regulatory obligations currently fulfilled by the Bureau of Reclamation will
Memorandum of Agreement 8
Tualatin Basin Water Supply Partnership
October 31, 2007
continue to be fulfilled by the Tualatin Partnership. These obligations are
identified in the Governance Structure and Operating Framework.
6) Washington County's recreational resources will be maintained.
Currently, the public has access to recreational resources around Hagg Lake,
which Washington County maintains. Under title transfer, the Tualatin
Partnership will support access to these existing recreational resources.
Likewise, the Partners have committed to a strong, ongoing communication
effort with homeowners in close proximity to the lake. The communication
program will be instrumental in sustaining positive relationships with the
public.
The details of public access to the park and recreational facilities at Hagg Lake
are included in the Governance Structure and Operating Framework.
i) Drought plans will be established,
A central question for the Partnership is what happens if and when Scoggins
Dam cannot be completely filled due to drought conditions. Which of the
Partners will take cuts in their water allocations, and how will those decisions
be made?The principles for a drought management plan are included in the
Governance Structure and Operating Framework. As the Partners continue to
work together in managing and operating the Tualatin Project, they will
further refine this drought management plan.
8) Water sales and transfers will be facilitated through the Partnership.
One of the major benefits of the Partnership is to share and transfer water to
where it is needed the most.The Partnership agreement has been structured in
a way that allows for the sale, transfer, and wheeling of water from one
Partner to another. With local control and collaboration, it is anticipated that
the Partners will be able to more readily move water to accommodate the
needs of the region as a whole—whether it be for drinking water, other
municipal water uses,irrigation, or water quality.
Core elements of water leasing, sales, and transfers are included in the
Governance Structure and Operating Framework. As the Partners continue to
work together in managing and operating the Tualatin Project,they will
further refine the details of these agreements.
9) Partners can enter and exit as necessary=
Although the title transfer is being accomplished through the Partners
currently at the table, it is anticipated that other entities may be added to the
Tualatin Partnership as time passes, and especially if the water supply project
is pursued. The governance agreement agreed to by the Partnership includes
Memorandum of Agreement 9
Tualatin Basin Water Supply Partnership
October 31, 2007
the flexibility for new entities to join, and for existing Partners to exit should
they find it necessary to do so. Basic principles related to new and/or exiting
members of the Partnership are included in the Governance Structure and
Operating Framework.
10)Partners will have the first right of refusal.
This will occur on two different levels. First,if any of the Partners have water
available to lease or sell, the governance agreement requires them to offer the
water first to the other Partners, before pursuing outside buyers. Secondly,if
an entity wishes to exit the Partnership altogether,the governance agreement
requires that entity to offer its ownership shares first to other Partners,before
pursuing an outside buyer. This Principle is included in the Governance
Structure and Operating Framework.
FOUR ADDITIONAL PRINCIPLES OF AGREEMENT FOR THE WATER SUPPLY
PROJECT
The Partners have agreed to the following four principles related to the water
supply project:
1) Title Transfer principles will remain in force.
All of the principles that have been agreed to for the title transfer will be
adhered to for any new projects or other improvements associated with
Scoggins Dam.
2)Park reconstruction costs will be paid for by the new entity.
If the dam is raised,the ability of Washington County to provide access to
park facilities at Hagg Lake will be impacted. The Partnership agrees that it
will pay for the design and construction costs to replace these park facilities.
The Partnership will also compensate the County for any revenue losses it
experiences during construction of the new dam and new park facilities.
Details of the financing, design, and construction required for park
replacement will be determined as part of the overall cost estimating for the
dam raise.
3) Other water rights will be protected.
The Tualatin Partnership recognizes that some of the individual Partners may
have existing or pending water rights in the region. The Partners will work in
collaboration with one another to address issues and opportunities related to
these water rights. One example of this is the pending Gales Creek water right
certification currently being pursued by the City of Forest Grove. Forest
Grove and Clean Water Services will work together to find a mutually
Memorandum of Agreement 10
Tualatin Basin Water Supply Partnership
October 31, 2007
beneficial arrangement that meets Forest Grove's future water supply needs,
as well as Clean Water Services' environmental goals. Other such water right
decisions are likely to arise from time to time throughout the life of the
Partnership, and will continue to be addressed on a case-by-base basis.
4) "New water/old water"agreements will be forged in advance of the dam
raise•
If the dam is raised,there will be a significant new amount of"new water"
available to the Partners. A primary concern among the Partners has been the
way in which water rates for the existing entities vs. the new investors would
be determined. Another concern has been the overall reliability of the new
supply—what happens in those years when we cannot completely fill the dam?
Would those entities with existing contracts be fully guaranteed their supplies,
and would the supply for new investors be interrupted as a result? Conversely,
how will overuse be monitored and enforced?
To answer these concerns,the Partners will continue to explore various
mechanisms for how to identify and allocate the water that will be available
once the dam is raised. During their August 2007 meetings, the Partners
determined that the final details of these allocations can be worked out after
title transfer has been completed, especially with the reassurance provided by
Agreement Two, that the Partnership would continue to act in good faith to
pursue the water supply project together.
Memorandum of Agreement
Tualatin Basin Water Supply Partnership
October 31, 2007
4) GOVERNANCE STRUCTURE AND OPERATING FRAMEWORK
SECTION ONE: MANAGEMENT AND OPERATIONS
1) Purpose
The Tualatin Basin Water Supply Partnership has been formed for the following
purposes:
➢ Assume ownership of the Tualatin Project (Scoggins Dam and its associated
facilities) from the U.S. Bureau of Reclamation.
➢ Manage and operate Scoggins Dam according to the best interests of all of the
Partners. At a minimum, this means that the Partners will have the right to
continue to receive the amount of water they are currently allocated from
Hagg Lake, and that they will be able to continue to lease any excess water for
their own financial benefit.
➢ Comply with the regulatory, mitigation, and operational responsibilities as
detailed in the Statement of Proposed Action between the Partnership and the
Bureau of Reclamation. The Proposed Action is attached as an appendix to the
Memorandum of Agreement.
Establish a drought management plan. It will be a primary responsibility of
the Partnership to develop and implement a drought management plan that
will guide water distribution in years of short supply.
➢ Conduct all operations according to the Principles of Agreement that have been
developed by the Partnership. The Principles of Agreement are included in this
Memorandum of Agreement.
➢ Pursue additional water supplies in the future to meet the economic and
ecological needs of the Tualatin Watershed. One option under consideration is
the expansion of Scoggins Dam/Hagg Lake.
2) Partner Signatories to the Intergovernmental Agreement
The Tualatin Basin Water Supply Partnership is comprised of the following Partners:
➢ Tualatin Valley Irrigation District
➢ Tualatin Valley Water District
➢ City of Hillsboro
➢ City of Beaverton
➢ City of Tigard
➢ City of Forest Grove
Clean Water Services
➢ Washington County
Memorandum of Agreement 12
Tualatin Basin Water Supply Partnership
October 31, 2007
Under this governance structure, all of the Partners will work collaboratively to
manage the water supply stored in Hagg Lake,including distribution and leasing for
municipal water supplies, for irrigation, and for ecological instream flows that support
the health of the Tualatin Watershed. Lake Oswego Corporation will have a seat on
the board as a non-voting representative, not counted for quorum purposes.
3) Structure for Shared Ownership
The Tualatin Partnership has entered into a"shared ownership agreement" that is
structured according to the following:
➢ A governing body consisting of appointed representatives of each Governing
member agency to provide broad policy oversight and to provide a Body
public forum for discussion of issues.
➢ A management committee with general manager level Management
representatives from each agency to negotiate policy and to establish PCommittee
planning priorities.
➢ A technical/operations committee with representatives of each Operations
agency to develop the implementation details of budgets, operations Committee
and projects; and with management provided by a managing agency,
selected from among the member agencies.
Each of the Partners will hold an interest in the Tualatin Project's facilities and land
once title transfer has been completed.
4) Continued Exploration of Regional Ownership
Although the governance structure outlined in this document has been agreed to by
the Tualatin Partnership, the Partners also recognize the potential for possible
benefits through the establishment of a separate"supply agency" governance
structure. In acknowledgement of these possible benefits, the Partners will continue
to explore the financial and management feasibility of such a supply agency,or of any
other governance structure that can best meet the long-term water management
interests and demands throughout the region. Work to evaluate the potential benefits
and costs of such a structure will commence in 2008.
5) Functions of the Governing Body
The governing body for the Tualatin Basin Water Supply Partnership will consist of
one voting member and no more than two alternates from each of the participating
Partners. These members must be appointed by each of the Partners.
Members of the governing body must have the authority from their appointing
agencies to approve the highest-level policy and financial decisions that may be made
by the Partnership. At least one representative from each of the Partners must be in
attendance at meetings of the governing body in order to constitute a quorum of the
Memorandum of Agreement 1$
Tualatin Basin Water Supply Partnership
October 31, 2007
governing body. The governing body will meet as needed; at a minimum on a
quarterly basis.
Although many decisions from the governing body will be determined through a
simple majority vote, some of the group's decisions must have unanimous approval in
order to be enacted. The Partners have tentatively identified the following list of
those items that will require unanimous approval. This list will continue to be refined
throughout the development of the Intergovernmental Agreement.
➢ The annual budget of the Partnership
➢ Annual work plan and capital improvement plan
➢ Selection of the managing agency for the Partnership
➢ Recommendations for changes to the Partnership's Inntergovernmental
Agreement
➢ Changes to contracts let by the Partnership to various parties
➢ Sales of real estate or other Partnership assets
➢ Changes to the members of the Partnership
➢ Permanent changes to the water allocations for various Partners
➢ Drought management plan
➢ Policies related to, and leases of, excess water
It is recognized that new, major capital investments will be necessary should the
Partnership decide to expand the capacity of Scoggins Dam and/or its related
facilities. If these capital investments are pursued, only those Partners that will invest
in and benefit from the improvements will vote on those capital expenditures. As
noted in the "made whole" concept embedded in the Partnership's Principles of
Agreement, any new facilities cannot be built or operated to the detriment of any of
the Partners associated with this agreement. There can be no future impairments to
the assets and rights that are guaranteed under current contractual agreements with
the Bureau of Reclamation.
The Partnership may find that, as Scoggins Dam is being expanded, and after the
improvements have been made, further refinements to the voting procedures of the
Partnership's governing body are required. If needed, and by mutual consent, the
Partnership will review the role of the governing body and make these adjustments.
6) Functions of the Managing Agency
The governing body of the Tualatin Partnership may appoint a Managing Agency
from among the Partners, or may elect to hire a General Manager and associated staff
to serve in the management role. The Managing Agency/General Manager will have
the power to approve contracts and change orders consistent with adopted purchasing
rules, take actions that are reasonable and necessary during an emergency, and
assume any other powers the Tualatin Partnership may grant.
Memorandum of Agreement 14
Tualatin Basin Water Supply Partnership
October 31, 2007
7) Functions of the Management Committee
Each of the Partners will appoint its Chief Executive Officer or their designee to serve
on the Management Committee. The Management Committee will review the business
operations of the Tualatin Partnership, such as planning and operations, and will
make recommendations to the General Manager. The Management Committee will
meet as needed; at a minimum on a quarterly basis.
Lake Oswego Corporation will have a seat on the Management Committee as a non-
voting representative,not counted for quorum purposes.
8) Functions of the Operations Committee
Each of the Partners will appoint at least one person to the Operations Committee.
Each Partner will have one vote in making a recommendation to the Management
Committee. Lake Oswego Corporation will appoint a non-voting member to the
Operations Committee. The Operations Committee will meet as needed; at a minimum
on a quarterly basis.
9) Asset Management Program
The Partnership will thoroughly inventory all of the assets associated with the
Tualatin Project,including physical facilities and real estate holdings. The
Partnership will create an asset management program that describes the current
conditions of these facilities, their current value, and repairs and replacements that
may be necessary. The program will include a schedule for repairs and replacement of
the project's facilities.The Partnership will create policies that guide this repair and
replacement as part of the asset management program.
10) Operations Manual
The Partners will write and agree on an Operations Manual for the System, which will
include protocols and methodology to provide for the equitable,effective, and
efficient operation of the Tualatin Project. The existing Bureau of Reclamation
manual will be modified as necessary and adopted within two months of the
assumption of title transfer, and will be updated periodically thereafter as needed,
with not less than two years between updates.
1 1 ) Contract with Washington County
The Partnership will maintain a contract with Washington County for the ongoing
maintenance of the recreational facilities at Scoggins Valley Park. The Partnership
and Washington County may elect to adopt the existing contract as established
between Washington County and the Bureau of Reclamation,or to negotiate a new
contract. Either way,the County's role in managing the facilities and park areas will
Memorandum of Agreement 15
Tualatin Basin Water Supply Partnership
October 31, 2007
not be diminished. If Scoggins Dam is raised and the recreational facilities need to be
replaced, the Tualatin Partnership will pay for this replacement.
12) Interests of the Lake Oswego Corporation
The Partnership will continue discussions about the appropriate structure for its
relationship with the Lake Oswego Corporation. In addition to the options of
assigning to the Partnership the existing contract between the Lake Oswego
Corporation and the Bureau of Reclamation or of creating a new contract with the
Partnership,other options for the involvement of the Lake Oswego Corporation in the
governance structure will be discussed.
13) Agreement to Abide by all Other Existing Contracts and/or Obligations
The U.S. Bureau of Reclamation currently maintains operational and other
contractual obligations with a variety of agencies,including,but not limited to,the
following:
➢ Dam Operations contract with TVID
A Water Service contracts - Pumpkin Ridge, The Reserve Golf Course and
Stimson Lumber
➢ License Agreement for Soil Disposal with Washington County
Flood Control Agreement-Army Corps of Engineers
➢ Electrical Power- wheeling contract with PGE and TVID
➢ Existing Operations Mitigation contract with Tualatin Basin Watershed
Council and Washington County
Existing Elk Mitigation Contract
➢ National Historic Preservation Act; National Environmental Protection Act,
Endangered Species Act, Indian Trust Resources; Safe Drinking Water Act.
The rights and obligations inherent in these contracts will continue to be fulfilled by
the Partnership. The Partnership will work with the Bureau of Reclamation to
determine how to best assume these obligations,either through the assignment of
existing contracts,or through the creation of new contracts with the various entities
involved.
Memorandum of Agreement 16
Tualatin Basin Water Supply Partnership
October 37, 2007
SECTION TWO: ALLOCATION OF WATER AND WATER RIGHTS
1 ) Allocation of Water
Under this agreement, all of the Tualatin Partners currently receiving water from
Scoggins Darn will continue to have the right to receive that water in the allocations
they are currently contracted for with the Bureau of Reclamation. These Hagg Lake
"stored water" allocations—out of a total of 53,640 acre/feet-- include:
Tualatin Valley Irrigation District: 27,022 acre/feet
Clean Water Services: 12,618 acre/feet
A City of Hillsboro: 5,000 acre/feet
➢ City of Forest Grove:4,500 acre/feet
➢ City of Beaverton: 4,000 acre/feet
➢ Lake Oswego Corporation: 500 acre/feet
These numbers do not account for the natural and return flows allocated to TVID and
CWS, which contribute to the total allocated stored water amount of 53,640 acre/feet.
The current allocations of natural flows to CWS and TVID will not change.
2) Water Rights
The primary natural flow and stored water rights currently owned by the Bureau of
Reclamation will be assigned to the Tualatin Partnership. The Partnership will
continue to own these water rights in perpetuity.
SECTION THREE: OWNERSHIP OF ASSETS
1 ) Owned Assets
The Tualatin Project consists of three tangible assets for the Partnership. 1) a block of
stored water in Hagg Lake (as described in Section Two); 2) a number of physical
facilities (listed below);and 3) Hagg Lake and the adjacent property (also described
below). Ownership of Scoggins Dam and Henry Hagg Lake will need to be negotiated
before title transfer. As identified below, the Patton Valley and Spring Hill plants are
single-purpose facilities whose ownership will, most likely, remain the same after title
transfer. The assets known at this time include:
Patton Valley Pumping Plant (single purpose): Real estate parcels,five vertical
shaft turbine pumps, fish screens, a steel discharge line, regulating tank, and a
3.5-mile gravity-fed distribution pipeline.
Memorandum of Agreement 17
Tualatin Basin Water Supply Partnership
October 31, 2007
➢ Spring Hill Pumping Plant(single purpose): Real estate parcels, nine irrigation
pumps, four municipal/industrial pumps (currently owned by JWC); fish
screens, a discharge line,regulating tank,and a 95-mile buried pressure
pipeline distribution system.
➢ Scoggins Dam (multiple purpose):a 151-foot-high zoned earthfill structure,its
spillway, intake structure and outlet works. A fish collection facility at the
dam has been partially removed and is not currently in use.
➢ Henry Hagg Lake and its adjacent property:A 1,182-acre water reservoir,
surrounding lands in Federal ownership,including elk mitigation lands;
recreational facilities and a perimeter road (currently operated and maintained
by Washington County).
As noted in Section One of this agreement, an Asset Management Program will be
established to inventory and quantify the value of these, and any other assets that are
included in the Tualatin Project. These assets will be jointly owned by the
Partnership.
SECTION FOUR: PROJECT FUNDING
1 ) Background
The Partners endeavor to develop an equitable method to allocate the costs of title
transfer. In order for the benefits of title transfer to outweigh the costs in the long
run, including costs of financial resources,risks and new assumed liabilities, the
Partners agree the method of allocating costs for title transfer must also give
consideration to raising Scoggins Dam.
While there are potential benefits to title transfer without raising Scoggins Dam, the
principal benefits accrue in terms of the cost savings of raising Scoggins Dam.
Recognizing that one shared pool is more advantageous to the Partners acquiring
water or significantly increasing their current water allocation, the parties agree that
some form of compensation for the current municipal water right holders is
appropriate. Therefore, the two projects of transferring title and raising Scoggins
Dam are combined in the discussion of a cost allocation methodology.
There are four foundational components to consider in developing a cost allocation
methodology: 1) the amount paid by Partners for their contracted water allocations;
2)the debt outstanding by Partners for their contracted water allocations; 3) the
percent of water held by each Partner behind the current dam;4) the percent of water
that will potentially be held by the Partners who invest in the raising of Scoggins
dam.
Memorandum of Agreement 18
Tualatin Basin Water Supply Partnership
October 31, 2007
The costs to be allocated can be broken down into the following categories:
Debt outstanding from the existing water allocation contracts;
➢ Costs for refinancing this debt to pay the Bureau of Reclamation;
Potential costs for capital improvements on the current dam;
➢ Other costs associated with title transfer(e.g. environmental review, legal
costs,etc);
➢ Payment to the Bureau of Reclamation for revenue foregone on contracts;
➢ Estimated cost to raise Scoggins Dam.
2) Funding Principles
The Tualatin Partners have established the following principles related to funding:
1) The Partnership recognizes that repayment contractors have already made
investments in Scoggins Dam. For those repayment contractors that are participating
in the dam raise project, some amount of credit toward the construction of the dam
raise will be allocated to those repayment contractors.The credit will be funded by
the "new partners" in the dam raise project (partners who are not currently
repayment contractors). For example, as a new partner,TVWD will pay$2.7 million
toward this credit. If the members of the Partnership change, or if water allocations
between Partners change,the manner in which the credits are funded may also be
subject to change.
2) Repayment contractors will be required to continue payments according to the
amount they currently owe to the U.S. Bureau of Reclamation. While the Partnership
will be paying off all remaining debt to the Bureau, the Partnership, in effect,
becomes the "bank" that is loaning the money to the repayment contractors. The new
bank will expect to be repaid for this loan;repayment contractors will make their
payments to a new, single entity,which is the Partnership.
3) Repayment contractors will continue to pay on these loans at the same interest
rate, and on the same payment schedule, as they are currently paying. The
Partnership will not raise the interest rate, even though, as it assumes the remaining
debt to the Bureau,it is likely to do so at a higher interest rate than what is currently
being paid.
4) The money that is collected as a result of these loans will be paid back to those who
invest in the title transfer in proportion to their investments. That is, the"cash flow"
resulting from loan repayments will be allocated to each entity in proportion to what
they have paid for title transfer.
5) Those who are investing for the first time in Scoggins Dam (the new Partners) do
not want to move forward with their investment unless they can be assured that, once
the dam is raised, all water from the expansion reservoir volume and from the original
Memorandum of Agreement 19
Tualatin Basin Water Supply Partnership
October 31, 2007
reservoir volume held by those original repayment contractors who share in the credit
payment will be available as a "single pool". This means that all participating entities
will share the "gain" of the additional water supply, as well as the "pain" should any
curtailments be necessary in the future due to drought conditions.
While the single pool remains the ultimate goal of the Partnership,it is recognized
that several issues must be resolved before a single pool can be agreed to by all of the
Partners. One example of this is the pending Gales Creek water right certification
currently being pursued by the City of Forest Grove. Forest Grove and Clean Water
Services will work together to find a mutually beneficial arrangement that meets
Forest Grove's future water supply needs,as well as Clean Water Services'
environmental goals. Those discussions are underway now, and a final resolution to
this issue will be achieved between Forest Grove and CWS by January 31, 2008.
Likewise, other Partners have questions about bow a"single pool" will be defined,
particularly in relation to the pumpback water, flood control releases, and
curtailments. For example,what will"share the pain" mean, and how will
curtailments in response to drought conditions be determined?
These and other questions are all important, and must be addressed prior to title
transfer. All Partners will continue to work on resolution to these and any additional
issues related to a single pool, and are committed to having final solutions to these
issues in place by January 31, 2008.
SECTION FIVE: ASSUMPTION OF LIABILITY
Existing repayment contractors will be protected against liability to the same degree
they are currently protected through the Bureau of Reclamation. For example, all
entities with current contracts are protected from lawsuits that could occur related to
earthquake or flood damage. Protection against those disasters, as well as any other
risk protection currently provided by the Bureau, will be maintained by the Tualatin
Partnership.
Some risks are not currently protected by the Bureau, and those risks will continue to
remain unprotected. For example, if drought conditions prohibit the dam from being
filled, neither the Bureau nor the Tualatin Valley Irrigation District can be held liable
for the financial losses that might be associated with crop failure. Likewise, the
Tualatin Partnership will not provide any type of liability protection that is currently
not provided by the Bureau of Reclamation.
Existing responsibilities will also remain in force and will not be covered by the
Tualatin Partnership. For example,Washington County is responsible for insuring
itself against any lawsuits that could arise if park users are injured. The County's risk
responsibilities, as well as the current risk responsibilities of any of the other entities,
will not change under the title transfer.
Memorandum of Agreement 20
Tualatin Basin Wafer Supply Partnership
October 31, 2007
Bottom line: Liability risks that are currently protected by the Bureau of
Reclamation will continue to be covered by the Tualatin Partnership. Liability risks
that are currently the responsibility of the individual partner entities will remain the
responsibility of those entities.
This Principle has also been included in the Governance Structure and Operating
Framework. Work will continue between October-December 2007 to further define the
risks,liabilities,and insurance necessary to manage the liability associated with title
transfer.
SECTION SIX: SALES OF EXCESS WATER SUPPLY
1) Long-Term Leases
The Partners agree that mandatory leasing between Partners of excess stored water
capacity allows the Partners to defer expansion or construction of new facilities.
Each Partner will have the right to lease its unused capacity above the Partner's
stored water requirements for the term of the lease.
If more than one Partner has excess capacity available to lease, those Partners will
combine their excess water into a single pool. Through a unanimous vote of the
governing body,the Partnership will determine the leasing rate for this water,which
will generally be based on the cost of producing that water. Individual Partners will
then receive revenue for these leases based on the amount of water they contributed
to the pool.
Example: TVID desires to lease 5,000 acre/feet of excess water capacity. The Cities of
Hillsboro and Forest Grove each desire to lease 2,500 acre/feet. This excess water is
combined for an available leasing pool of 10,000 acre/feet. 8,000 out of this 10,000
acre/feet is actually leased, and becomes a source of revenue for the Partnership. After
overhead and distribution costs are subtracted, the net proceeds from the leased water
are divided among TVID, Hillsboro, and Forest Grove. TVID receives % of these net
proceeds, with Hillsboro and Forest Grove each receiving %4 of these net proceeds,
commensurate with the volume of water they initially contributed to the leasing pool.
The Tualatin Partners will have first right of refusal for any leasing agreement; that
is, Partners with excess capacity must offer that water first to other Partners before
going outside of the Partnership. And, as noted previously in this document,leases by
any Partner to entities outside of the Partnership must be approved by a unanimous
vote of the governing body.
The maximum lease term is 10 years. The lease rate will be calculated every 5 years
for leases with terms exceeding 5 years.
Memorandum of Agreement 21
Tualatin Basin Water Supply Partnership
October 31, 2007
2) Spot-Market Sales
The Partnership recognizes that there may be opportunities to sell excess water
through a"spot market" system that will be shorter in duration than the lease
arrangements described above. This system will be designed to respond to short-term,
immediate needs.
Example: There may be a period of particularly serious low flows in the Tualatin
River which could be ameliorated through the infusion of more water into the river
system. In this case, Clean Water Services may ask to purchase water from the
Partnership in order to improve these stream flows.
As with leasing, the Partnership will act collectively to determine which of the
Partners may have excess capacity to sell on a spot market, how much water is
available, and what the rate for that water should be. Similar to the leasing
arrangements described above, the net proceeds from this water will be proportionally
divided among those Partners that initially contributed to the spot-market pool.
SECTION SEVEN: PROVISIONS FOR DROUGHT MANAGEMENT
1) Curtailment Plan with Existing Scoggins Dam Facilities
The potential curtailment of water supplies during hot, dry conditions will be planned
for and enacted according to three different stages:
Stage One: Water Shortage Potential. A water shortage potential is identified when
storage supplies begin to drop and weather forecasts predict hot, dry weather over a
period of several days. At this stage, the goal is to reduce overall demand on the
system by 5%. This will be achieved by alerting the public of the need to cut back on
water use.
Stage Two: Serious Water Shortage. Storage level drops to 60% of normal. Weather
forecast is hot, dry. By May 1, Hagg Lake is not filled to capacity. At this stage, the
Tualatin Valley Irrigation District and Clean Water Services curtail not more than
15% of their total contracted amount.
Stage Three: Critical Water Shortage. Storage level drops below 60% of normal, and
further curtailments are necessary. All of the Partners would then share equally in
these additional curtailments.
2) Curtailment Plan with Expanded Scoggins Dam Facilities
If and when Scoggins Dam is expanded, the Partnership will work in collaboration to
craft a new curtailment plan that incorporates the new water supply and associated
Partner needs and interests.
Memorandum of Agreement 22
Tualatin Basin Water Supply Partnership
October 31, 2007
SECTION EIGHT: ADDITION AND WITHDRAWAL OF PARTNERS
Addition of Partners: Entities interested in joining the Tualatin Basin Water Supply
Partnership may do so by application in writing to the Partnership. New members
must agree to abide by the overall governance framework, management and
operational requirements of the Partnership. Potential new members must be able to
demonstrate their financial stability, willingness and ability to invest in the water
supply facilities, and must have a proven track record of safe and legal operations.
New members must be able to demonstrate the benefits of their participation in the
Partnership from both an individual and basin-wide perspective. Applications for new
membership must be received a minimum of three years prior to the time at which
those prospective members hope to receive water supply from the Tualatin Project.
Withdrawal of Partners: Entities wishing to withdraw from the Partnership may do so
voluntarily. However, as a general principle,it is the intent of the Partnership that
withdrawal be difficult. In order to withdraw, a Partner must notify the Partnership
two years prior to the termination of membership. Terminating members must notify
all of the other participating Partners of their intent to terminate. In order to prevent
a fiscal crisis, any Partner with a 25% or greater ownership share in the system must
remain a Partner until that ownership share can be reduced to at least 15%. Or, the
Partnership may agree to buy that ownership share in a more expedient manner from
the withdrawing Partner. Any outstanding debt on the project owed by the
withdrawing partner must be entirely defeased or assumed voluntarily by another
partner(s) in exchange for the project assets of the withdrawing partner. Existing
Partners have the right of first refusal to purchase the shares of withdrawing
Partners.
SECTION NINE: DISPUTE RESOLUTION
The Partners agree to abide by the following dispute resolution process:
Step One: Negotiation. The Partners who are party to the dispute will appoint a
representative to negotiate on behalf of each Partner in an attempt to resolve the
issue.
Step Two:Mediation. If the dispute cannot be resolved within 30 days through
negotiation, the disputing Partners will submit the matter to non-binding mediation.
The disputing Partners will mutually agree on a mediator, and all costs of mediation
will be borne equally by those Partners.
Step Three: Non-Binding Arbitration. If mediation is not successful, the disputes will
be submitted to non-binding arbitration under the rules and processes of U.S.
Arbitration and Mediation of Portland, Oregon. All costs of arbitration will be borne
equally among the disputing Partners.
Memorandum of Agreement 23
Tualatin Basin Water Supply Partnership
October 31, 2007
Step Four: Legal Action. After exhaustion of the preceding processes, the disputing
Partners may initiate litigation in the Circuit Court of the State of Oregon for
Washington County. Each Partner will bear its own legal and expert witness fees.
Memorandum of Agreement 24
Tualatin Basin Water Supply Partnership
October 31, 2007
5) SIGNATURES
We, the undersigned, are in full accord with the precepts as they are detailed in this
Memorandum of Agreement.
For the City of Beaverton For the City of Tigard
Rob Drake Craig Prosser
Mayor City Manager
For Clean Water Services For the Tualatin Valley Irrigation District
Bill Gaffi Jim Love
General Manager President, Board of Directors
For the City of Forest Grove
• For the Tualatin Valley Water District
Michael Sykes Greg DiLoreto
City Manager General Manager
For the City of Hillsboro For Washington County
Will Crandall, Chair Robert Davis
Utilities Commission County Administrator
For the Lake Oswego Cornoration
Mark Eves
Board Member
Memorandum of Agreement Z$
Tualatin Basin Wafer Supply Partnership
October 37, 2007
Agenda Item No.:
IWB Meeting Date: /2 �-
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LAKE OSWEGO, THE CITY OF TIGARD, AND THE
INTERGOVERNMENTAL WATER BOARD
PREAMBLE
This Memorandum of Understanding(MOU) is entered into by and between the City of
Lake Oswego, the City of Tigard, and the Intergovernmental Water Board (IWB), ("the
Parties"), with the IWB representing the cities of Durham, King City, Tigard, and the
Tigard Water District. The City of Lake Oswego, the City of Tigard, and the
Intergovernmental Water Board will act,by and through their respective Councils or
Board.
PURPOSE
The purpose of this MOU is to memorialize certain values and principles held by the
Parties in the context of a possible water supply partnership and to establish a framework
and schedule within which the Parties will endeavor to reach certain understandings in
principle regarding the elements of a water supply partnership agreement. It is
understood this MOU does not obligate the Parties to create a water supply partnership,
but instead obligates the Parties to exercise diligence and good faith on behalf of their
respective citizens toward reaching an agreement that achieves the objectives embodied
in the values and principles recited below.
RECITALS
WHEREAS, the Parties desire to secure their respective water supply futures in a manner
that meets their long term needs for economic development, public health and safety and
sustainability; and
WHEREAS, the Parties see a water supply partnership as a means to provide high quality
water to their respective citizens in a cost efficient manner when compared to other water
supply options; and
WHEREAS,the City of Lake Oswego has acquired permits and rights to appropriate
water from the Clackamas and Willamette Rivers for municipal use and desires to retain
and protect its rights to beneficially uses these waters by sharing this water with others;
and
MOU-LO-COT Page 1 of 4
Last edited 12/7/2007121412007
WHEREAS, the City of Tigard desires to secure access to a long term source of water
and an equity interest in the infrastructure that would be used to divert, treat and transmit
water to its citizens and customers; and
WHEREAS, the Parties desire to promote the equitable distribution of water throughout
the region and in doing so develop access to redundant sources of supply for emergency
planning purposes; and
WHEREAS, the Parties desire to achieve a water supply partnership that will be seen as
balanced, fair and equitable by their respective citizens and the region at large; and
WHEREAS, the Parties desire to nurture cooperation among each other and surrounding
communities that is beneficial to protecting our precious water resources and using them
in a sustainable way.
NOW, THEREFORE the Parties in order to establish basic principles for communicating,
coordinating and conducting activities relating to a possible water supply partnership
between each other do enter into this Memorandum of Understanding and agree to the
following:
I. STAFF MEETINGS; SCHEDULE AND FREQUENCY
A. The Parties agree to direct their staff to meet twice monthly to endeavor to develop
proposed terms for a water supply partnership meeting the objectives stated in the recitals
to this agreement, including proposed resolution of the issues identified in Article V of
this MOU. Unless otherwise agreed by the participants, those meetings will take place on
the 1" Tuesday of each month in Tigard, and the Yd Wednesday of each month in Lake
Oswego. All meetings will be at 1:00 pm at a location announced by the home city. Staff
shall endeavor to develop and present recommendations for the consideration of their
respective Councils and the Intergovernmental Water Board no later than June, 2008.
Members of each City Council and the Board may participate in the staff meetings from
time to time to provide input from the standpoint of policy-makers. However the
meetings shall not constitute meetings of subcommittees of either City Council or the
Board, and any resulting recommendations shall be those of each Party's staff, not those
of a subcommittee.
H. FUNDING OF OUTSIDE SERVICES
A. In furtherance of addressing issues identified in Articles IV and V herein, the Parties
agree to contract with outside services as they may mutually agree are necessary. The
selection and management of and payment to providers of outside services will be
conducted pursuant to public contracting rules of the State and the terms of the
Intergovernmental Agreement executed between Lake Oswego and the City of Tigard on
February 25a', 2006.
MOU—LO-COT Page 2 of 4
Last edited 12/7/2007007
III. COMMUNICATIONS
A. Communications between the Parties:
At all times through the duration of this MOU,the Parties agree to communicate
with each other proactively in furtherance of the goals and objectives of this MOU. All
communications will be directed to the following individuals:
For:
City of Tigard/Intergovernmental Water Board:
Dennis Koellermeier, Public Works Director
For:
City of Lake Oswego:
Joel B. Komarek, City Engineer
B. Communications with the public and media:
The Parties agree to give each other advance notice of any media contacts or
public information. This notice will preferably be by e-mail to the individuals named in
III.A, above. If there is insufficient time for e-mail notice as described,telephone notice
to the Interim City Manager of Lake Oswego and the City Manager of Tigard will suffice.
IV. CURRENT ISSUES:
1. Water rights:
The City of Lake Oswego holds permits and certificates to divert waters of
the state for beneficial use including municipal drinking water within the cities of
Lake Oswego, Tigard and Tualatin. The Parties recognize the value inherent in
these permits and certificates to each member in any future water supply
partnership agreement. Therefore the Parties agree to:
a. Support the City of Lake Oswego's efforts to secure extensions of
time to beneficially use all water so authorized under its permits;
and
b. Share equitably in the costs incurred by Lake Oswego for this
purpose..
V. ISSUES TO RESOLVE IN ANY FINAL AGREEMENT
1. Scope and objectives of the partnership
2. Nature of agreement
3. Type of partnership
4. Governance structure
5. Formation of new agency
MOU—LO-COT Page 3 of 4
Last edited 12/7/200712/4/2007
6. Fiscal authority
7. System ownership
8. Operational standards and authorities
9. Fiscal standards and authorities
10. Future considerations
IN WITNESS WHEREOF,the Parties have executed this Memorandum of
Understanding as of the last date written below.
CITY OF LAKE OSWEGO
By:
Date:
CITY OF TIGARD
APPROVED AS TO FORM
By:
David Powell, City Attorney
Date:
INTERGOVERNMENTAL WATER
BOARD APPROVED AS TO FORM
By: Tim Ramis, Counsel for Tigard
Date:
MOU—LO-COT Page 4 of 4
Last edited 12/7/2007"'""ter
p vo
v
rn
N
MEMORANDUM OF UNDERSTANDING cn
BETWEEN 3
(A
THE CITY OF LAKE OSWEGO, THE CITY OF TIGARD, AND THE
a
INTERGOVERNMENTAL WATER BOARD
D s
cQ CD
CD
Q
PREAMBLE v 0°
CD rn
This Memorandum of Understanding(MOU) is entered into by and between the City of 3 CD
Lake Oswego, the City of Tigard, and the Intergovernmental Water Board (IWB), ("the o co
Parties"), with the IWB representing the cities of Durham,King City, Tigard, and the
Tigard Water District. The City of Lake Oswego, the City of Tigard, and the
Intergovernmental Water Board will act,by and through their respective Councils or
Board. -iho*j n
PURPOSE
The purpose of this MOU is to memorialize certain values and principles held by the
Parties in the context of a possible water supply partnership and to establish a framework
and schedule within which the Parties will endeavor to reach certain understandings in
principle regarding the elements of a water supply partnership agreement. It is
understood this MOU does not obligate the Parties to create a water supply partnership,
but instead obligates the Parties to exercise diligence and good faith on behalf of their
respective citizens toward reaching an agreement that achieves the objectives embodied
in the values and principles recited below.
RECITALS
WHEREAS, the Parties desire to secure their respective water supply futures in a manner
that meets their long term needs for economic development,public health and safety and
sustainability; and
WHEREAS, the Parties see a water supply partnership as a means to provide high quality
water to their respective citizens in a cost efficient manner when compared to other water
supply options; and
WHEREAS, the City of Lake Oswego has acquired permits and rights to appropriate
water from the Clackamas and Willamette Rivers for municipal use and desires to retain
and protect its rights to beneficially uses these waters by sharing this water with others;
and
MOU—LO-COT Page 1 of 4
Last edited 12/12/1007124012007
WHEREAS,the City of Tigard desires to secure access to a long term source of water
and an equity interest in the infrastructure that would be used to divert, treat and transmit
water to its citizens and customers; and
WHEREAS, the Parties desire to promote the equitable distribution of water throughout
the region and in doing so develop access to redundant sources of supply for emergency
planning purposes; and
WHEREAS, the Parties desire to achieve a water supply partnership that will be seen as
balanced, fair and equitable by their respective citizens and the region at large; and
WHEREAS,the Parties desire to nurture cooperation among each other and surrounding
communities that is beneficial to protecting our precious water resources and using them
in a sustainable way.
NOW, THEREFORE the Parties in order to establish basic principles for communicating,
coordinating and conducting activities relating to 4 possible water supply partnership
between each other do enter into this Memorandum of Understanding and agree to the
following:
I. STAFF MEETINGS; SCHEDULE AND FREQUENCY
A. The Parties agree to direct their staff to meet twice monthly to endeavor to develop
proposed terms for a water supply partnership meeting the objectives stated in the recitals
to this agreement, including proposed resolution of the issues identified in Article V of
this MOU. Unless otherwise agreed by the participants,those meetings will take place on
the 1't Tuesday of each month in Tigard, and the 3`d Wednesday of each month in Lake
Oswego. All meetings will be at 1:00 pm at a location announced by the home city. Staff
shall endeavor to develop and present recommendations for the consideration of their
respective Councils and the Intergovernmental Water Board no later than June, 2008.
Members of each City Council and the Board may participate in the staff meetings from
time to time to provide input from the standpoint of policy-makers. However the
meetings shall not constitute meetings of subcommittees of either City Council or the
Board, and any resulting recommendations_ shall be those of each Party's staff, not those
of a subcommittee.
H. FUNDING OF OUTSIDE SERVICES
A. In furtherance of addressing issues identified in Articles IV and V herein,the Parties
agree to contract with outside services as they may mutually agree are necessary. The
selection and management of utside services will be
conducted pursuant to public contracting rules of the State and the twms oft-he
WeFgevemmenW Agm"ent exeeuted between Lake Oswego md the City of Tige&d on
Febm the City of Tigard and
the City of Lake Oswego.
MOU—LO-COT Page 2 of 4
Last edited 12/12/200712/10E2007
III. COMMUNICATIONS
A. Communications between the Parties:
At all times through the duration of this MOU, the Parties agree to communicate
with each other proactively in furtherance of the goals and objectives of this MOU. All
communications will be directed to the following individuals:
For:
City of Tigard/Intergovernmental Water Board:
Dennis Koellermeier, Public Works Director
For:
City of Lake Oswego:
Joel B. Komarek, City Engineer
B. Communications with the public and media:
The Parties agree to give each other advance notice of any media contacts or
public information. This notice will preferably be by e-mail to the individuals named in
IH.A, above. If there is insufficient time for e-mail notice as described,telephone notice
to the Interim City Manager of Lake Oswego and the City Manager of Tigard will suffice.
IV. CURRENT ISSUES:
4-A. Water rip-his;
The City of Lake Oswego holds permits and certificates to divert waters of the
state for beneficial use U a mnqkgRal drinking water supply
water-within the cities of Lake Oswego,Tigard and Tualatin. The Parties recognize the
value inherent in these permits and certificates to each member in any future water supply
partnership agreement. Therefore the Parties agree:
a. Wupport the City of Lake Oswego's efforts to secure extensions of time
to beneficially use all water so authorized under its permits; and
b. phare equitably in the costs incurred by Lake Oswego for this purpose;
and
C. That title to permits and certificates will remain in Lake Oswego's name
and
MOU—LO-COT Page 3 of 4
Last edited 12/12/2007124012007
4W
V. ISSUES TO RESOLVE IN ANY FINAL AGREEMENT
1. Scope and objectives of the partnership
2. Nature of agreement
3. Type of partnership
4. Governance structure
5. Formation of new agency
6. Fiscal authority
7. System ownership
8. Operational standards and authorities
9. Fiscal standards and authorities
10. Future considerations
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding as of the last date written below.
CITY OF LAKE OSWEGO
By: APPROVED AS TO FORM
Date:
David Powell, City Attorney
CITY OF TIGARD
By: APPROVED AS TO FORM
Date:
Tim Ramis, Counsel for Tigard
INTERGOVERNMENTAL WATER
BOARD
By:
Date:
MOU—LO-COT Page 4 of 4
Last edited 12/12/200712/40l20u7
p X00
I r �
N
MEMORANDUM OF UNDERSTANDING C
BETWEEN C s D
LA
CD
THE CITY OF LAKE OSWEGO, THE CITY OF TIGARD, AND THE
INTERGOVERNMENTAL WATER BOARD y
(0 cD
cD
Q
PREAMBLE 07
iz
co
3
This Memorandum of Understanding(MOU) is entered into by and between the City of z
Lake Oswego,the City of Tigard, and the Intergovernmental Water Board (1WB), ("the
Parties"), with the IWB representing the cities of Durham, King City, Tigard, and the I�
Tigard Water District. The City of Lake Oswego, the City of Tigard, and the
Intergovernmental Water Board will act, by and through their respective Councils or
Board.
PURPOSE
The purpose of this MOU is to memorialize certain values and principles held by the
Parties in the context of a possible water supply partnership and to establish a framework
and schedule within which the Parties will endeavor to reach certain understandings in
principle regarding the elements of a water supply partnership agreement. It is
understood this MOU does not obligate the Parties to create a water supply partnership,
but instead obligates the Parties to exercise diligence and good faith on behalf of their
respective citizens toward reaching an agreement that achieves the objectives embodied
in the values and principles recited below.
RECITALS
WHEREAS, the Parties desire to secure their respective water supply futures in a manner
that meets their long term needs for economic development,public health and safety and
sustainability; and
WHEREAS, the Parties see a water supply partnership as a means to provide high quality
water to their respective citizens in a cost efficient manner when compared to other water
supply options; and
WHEREAS, the City of Lake Oswego has acquired permits and rights to appropriate
water from the Clackamas and Willamette Rivers for municipal use and desires to retain
and protect its rights to beneficially uses these waters by sharing this water with others;
and
MOU—LO-COT Page 1 of 4
Last edited 12/12/2007
WHEREAS,the City of Tigard desires to secure access to a long term source of water
and an equity interest in the infrastructure that would be used to divert, treat and transmit
water to its citizens and customers; and
WHEREAS,the Parties desire to promote the equitable distribution of water throughout
the region and in doing so develop access to redundant sources of supply for emergency
planning purposes; and
WHEREAS, the Parties desire to achieve a water supply partnership that will be seen as
balanced, fair and equitable by their respective citizens and the region at large; and
WHEREAS, the Parties desire to nurture cooperation among each other and surrounding
communities that is beneficial to protecting our precious water resources and using them
in a sustainable way.
NOW, THEREFORE the Parties in order to establish basic principles for communicating,
coordinating and conducting activities relating to a possible water supply partnership
between each other do enter into this Memorandum of Understanding and agree to the
following:
I. STAFF MEETINGS; SCHEDULE AND FREQUENCY
A. The Parties agree to direct their staff to meet twice monthly to endeavor to develop
proposed terms for a water supply partnership meeting the objectives stated in the recitals
to this agreement, including proposed resolution of the issues identified in Article V of
this MOU. Unless otherwise agreed by the participants, those meetings will take place on
the 1"Tuesday of each month in Tigard, and the P Wednesday of each month in Lake
Oswego. All meetings will be at 1:00 pm at a location announced by the home city. Staff
shall endeavor to develop and present recommendations for the consideration of their
respective Councils and the Intergovernmental Water Board no later than June, 2008.
Members of each City Council and the Board may participate in the staff meetings from
time to time to provide input from the standpoint of policy-makers. However the
meetings shall not constitute meetings of subcommittees of either City Council or the
Board, and any resulting recommendations shall be those of each Party's staff,not those
of a subcommittee.
II. FUNDING OF OUTSIDE SERVICES
A. In furtherance of addressing issues identified in Articles IV and V herein, the Parties
agree to contract with outside services as they may mutually agree are necessary. The
selection and management of outside services will be conducted pursuant to public
contracting rules of the State and payment will be shared equally between the City of
Tigard and the City of Lake Oswego.
MOU—LO-COT Page 2 of 4
Last edited 12/12/2007
III. COMMUNICATIONS
A. Communications between the Parties:
At all times through the duration of this MOU, the Parties agree to communicate
with each other proactively in furtherance of the goals and objectives of this MOU. All
communications will be directed to the following individuals:
For:
City of Tigard/Intergovernmental Water Board:
Dennis Koellermeier,Public Works Director
For:
City of Lake Oswego:
Joel B. Komarek, City Engineer
B. Communications with the public and media:
The Parties agree to give each other advance notice of any media contacts or
public information. This notice will preferably be by e-mail to the individuals named in
III.A, above. If there is insufficient time for e-mail notice as described,telephone notice
to the Interim City Manager of Lake Oswego and the City Manager of Tigard will suffice.
IV. CURRENT ISSUES:
A. Water rights:
The City of Lake Oswego holds permits and certificates to divert waters of the
state for beneficial use as a municipal drinking water supply within the cities of Lake
Oswego, Tigard and Tualatin. The Parties recognize the value inherent in these permits
and certificates to each member in any future water supply partnership agreement.
Therefore the Parties agree:
a. To support the City of Lake Oswego's efforts to secure extensions of time
to beneficially use all water so authorized under its permits; and
b. To share equitably in the costs incurred by Lake Oswego for this purpose;
and
C. That title to permits and certificates will remain in Lake Oswego's name.
MOU—LO-COT Page 3 of 4
Last edited 12/12/2007
V. ISSUES TO RESOLVE IN ANY FINAL AGREEMENT
1. Scope and objectives of the partnership
2. Nature of agreement
3. Type of partnership
4. Governance structure
5. Formation of new agency
6. Fiscal authority
7. System ownership
8. Operational standards and authorities
9. Fiscal standards and authorities
10. Future considerations
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding as of the last date written below.
CITY OF LAKE OSWEGO
By: APPROVED AS TO FORM
Date:
David Powell, City Attorney
CITY OF TIGARD
By: APPROVED AS TO FORM
Date:
Tim Ramis, Counsel for Tigard
fNTERGOVERNMENTAL WATER
BOARD
By:
Date:
MOU—LO-COT Page 4 of 4
Last edited 12/12/2007
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LAKE OSWEGO, THE CITY OF TIGARD, AND THE
INTERGOVERNMENTAL WATER BOARD
PREAMBLE
This Memorandum of Understanding(MOU) is entered into by and between the City of
Lake Oswego,the City of Tigard, and the Intergovernmental Water Board (IWB), ("the
Parties"), with the IWB representing the cities of Durham, King City, Tigard, and the
Tigard Water District. The City of Lake Oswego, the City of Tigard, and the
Intergovernmental Water Board will act,by and through their respective Councils or
Board.
PURPOSE
The purpose of this MOU is to memorialize certain values and principles held by the
Parties in the context of a possible water supply partnership and to establish a framework
and schedule within which the Parties will endeavor to reach certain understandings in
principle regarding the elements of a water supply partnership agreement. It is
understood this MOU does not obligate the Parties to create a water supply partnership,
but instead obligates the Parties to exercise diligence and good faith on behalf of their
respective citizens toward reaching an agreement that achieves the objectives embodied
in the values and principles recited below.
RECITALS
WHEREAS, the Parties desire to secure their respective water supply futures in a manner
that meets their long term needs for economic development,public health and safety and
sustainability; and
WHEREAS, the Parties see a water supply partnership as a means to provide high quality
water to their respective citizens in a cost efficient manner when compared to other water
supply options; and
WHEREAS,the City of Lake Oswego has acquired permits and rights to appropriate
water from the Clackamas and Willamette Rivers for municipal use and desires to retain
and protect its rights to beneficially uses these waters by sharing this water with others;
and
MOU—LO-COT Page 1 of 4
Last edited 12/12/2007
WHEREAS,the City of Tigard desires to secure access to a long term source of water
and an equity interest in the infrastructure that would be used to divert, treat and transmit
water to its citizens and customers; and
WHEREAS,the Parties desire to promote the equitable distribution of water throughout
the region and in doing so develop access to redundant sources of supply for emergency
planning purposes; and
WHEREAS,the Parties desire to achieve a water supply partnership that will be seen as
balanced, fair and equitable by their respective citizens and the region at large; and
WHEREAS, the Parties desire to nurture cooperation among each other and surrounding
communities that is beneficial to protecting our precious water resources and using them
in a sustainable way.
NOW, THEREFORE the Parties in order to establish basic principles for communicating,
coordinating and conducting activities relating to a possible water supply partnership
between each other do enter into this Memorandum of Understanding and agree to the
following:
I. STAFF MEETINGS; SCHEDULE AND FREQUENCY
A. The Parties agree to direct their staff to meet twice monthly to endeavor to develop
proposed terms for a water supply partnership meeting the objectives stated in the recitals
to this agreement, including proposed resolution of the issues identified in Article V of
this MOU. Unless otherwise agreed by the participants,those meetings will take place on
the I"Tuesday of each month in Tigard, and the P Wednesday of each month in Lake
Oswego. All meetings will be at 1:00 pm at a location announced by the home city. Staff
shall endeavor to develop and present recommendations for the consideration of their
respective Councils and the Intergovernmental Water Board no later than June, 2008.
Members of each City Council and the Board may participate in the staff meetings from
time to time to provide input from the standpoint of policy-makers. However the
meetings shall not constitute meetings of subcommittees of either City Council or the
Board, and any resulting recommendations shall be those of each Party's staff, not those
of a subcommittee.
II. FUNDING OF OUTSIDE SERVICES
A. In furtherance of addressing issues identified in Articles IV and V herein, the Parties
agree to contract with outside services as they may mutually agree are necessary. The
selection and management of outside services will be conducted pursuant to public
contracting rules of the State and payment will be shared equally between the City of
Tigard and the City of Lake Oswego.
MOU—LO-COT Page 2 of 4
Last edited 12/12/2007
III. COMMUNICATIONS
A. Communications between the Parties:
At all times through the duration of this MOU, the Parties agree to communicate
with each other proactively in furtherance of the goals and objectives of this MOU. All
communications will be directed to the following individuals:
For:
City of Tigard/Intergovernmental Water Board:
Dennis Koellermeier, Public Works Director
For:
City of Lake Oswego:
Joel B. Komarek, City Engineer
B. Communications with the public and media:
The Parties agree to give each other advance notice of any media contacts or
public information. This notice will preferably be by e-mail to the individuals named in
IIIA, above. If there is insufficient time for e-mail notice as described, telephone notice
to the Interim City Manager of Lake Oswego and the City Manager of Tigard will suffice.
IV. CURRENT ISSUES:
A. Water rights:
The City of Lake Oswego holds permits and certificates to divert waters of the
state for beneficial use as a municipal drinking water supply within the cities of Lake
Oswego, Tigard and Tualatin. The Parties recognize the value inherent in these permits
and certificates to each member in any future water supply partnership agreement.
Therefore the Parties agree:
a. To support the City of Lake Oswego's efforts to secure extensions of time
to beneficially use all water so authorized under its permits; and
b. To share equitably in the costs incurred by Lake Oswego for this purpose;
and
C. That title to permits and certificates will remain in Lake Oswego's name.
MOU—LO-COT Page 3 of 4
Last edited 12/12/2007
V. ISSUES TO RESOLVE IN ANY FINAL AGREEMENT
I. Scope and objectives of the partnership
2. Nature of agreement
3. Type of partnership
4. Governance structure
5. Formation of new agency
6. Fiscal authority
7. System ownership
8. Operational standards and authorities
9. Fiscal standards and authorities
10. Future considerations
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding as of the last date written below.
CITY OF LAKE OSWEGO
1
By: 1,4,1 � `'L APPROVED ORM
Dat February 14, 2008
Authorized by Lake Oswego Resolution 07-70 David Powell, City Attorn y
CITY OF TIGARD adopted Dec 18, 2007
By: etc APPROVED AS TO FORM
Date:
Ramis,-Counsel for Tigard
INTERGOVERNMENTAL WATER
BOARD
By. L/C ''\ 1 f- L \
Date: Z w"t-'
MOU—LO-COT Page 4 of 4
Last edited 12/12/2007
RESOLUTION 07-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING
THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LAKE OSWEGO AND THE CITY OF TIGARD AND THE INTERGOVERNMENTAL WATER
BOARD REGARDING A POSSIBLE FUTURE WATER SUPPLY PARTNERSHIP
WHEREAS,the City of Lake Oswego and the City of Tigard("the Parties')entered into an
intergovernmental cooperative agreement in 1983 to provide for Lake Oswego supplying surplus water to
the City of Tigard; and
WHEREAS, since 1983 the Parties have mutually benefited from this relationship between water
purveyor and purchaser; and
WHEREAS,the Intergovernmental Water Board is the purveyor of water to its member agencies
including the cities of Durham,King City,Tigard and the Tigard Water District;and
WHEREAS,on March 3,2006 the Parties executed an Intergovernmental Agreement to jointly fund an
engineering study of the opportunities, costs and constraints of forming a future municipal water supply
partnership for the benefit of their respective citizens; and
WHEREAS,the final draft study was completed and presented to the Parties at a joint meeting of the
Parties' elected officials on July 17'b,2007; and
WHEREAS,that study concluded that it was feasible for Lake Oswego to supply water to Tigard on a
long term basis and that partnering with the City of Tigard to develop Lake Oswego's undeveloped water
rights could achieve many benefits including more efficient use of water resources, improved economy of
water supply,protection of existing permitted water rights,improved water supply reliability and a more
effective joint response to regulatory challenges; and
WHEREAS,the Parties have identified the need to continue discussions of the mutual interests and issues
concerning a possible future municipal water supply partnership and have created a Memorandum of
Understanding(MOL)that will guide these discussions over the next several months toward development
of a possible draft water supply agreement.
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Lake Oswego authorizes
the Mayor to sign the Memorandum of Understanding with the City of Tigard and the Intergovernmental
Water Board in the form attached hereto as Exhibit`A'.
Considered and enacted by the City Council of the City of Lake Oswego at a regular meeting held on the
18`h day of December,2007.
H:VOEL MTIGARD\Co—i1kRF.S 07-0710-COT.MOU.12.18.07.doc II,
AYES: Mayor Hammerstad, McPeak, Turchi , Groznik, Hennagin,
Jordan, Johnson
NOES: none
ABSTAIN: none
EXCUSED: none
�Ad
Ju 'e Hammerstad,Mayor
ATTEST: gk�a" ry
Robyn Chfistie,City Recorder
APPROVED AS TO FORM:
David Powell,City Attorney
Attachment: Exhibit 'A'-Memorandum of Understanding
H:UOEL K\TIGARD\Co=dPJtES 07-0710-COTAOU.12.18.07.doe
City of Tigard
13125 SW Hall Blvd. -
Tigard, OR 97223
Phone: 503-639-4171
TIGARD
FAX TRANSMITTAL
Date December 7, 2007
Number of pages including cover sheet 4
To:
WIrhe 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.
Thank you.
I'ENG%FAX.DOT
Intergovernmental
Water Board
Serving Tigard, King City, Durham and Unincorporated Area
MEETING NOTICE
Wednesday, December 12, 2007
5 : 3 0p .m.
Tigard Public Works Building
8777 SW Burnham
Tigard, Oregon 97223
Questions? Contact the City of Tigard at 503.639.4171
Intergovernmental Water Board — Agenda
SERVING TIGARD, KING CITY,DURHAM AND THE UNINCORPORATED AREA
MEETING DATE: Wednesday, December 12, 2007, 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 —November 28, 2007
Action: Motion to approve the November 28, 2007 minutes.
3. Public Comments
Call for comments from the public.
4. Potential Water Partnership with the City of Sherwood - Sherwood City ManagerRoss
Schultz
Action: No action required
5. Renewable Energy Options - PGE Representative
Action: No action required
6. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the
Tualatin Basin Water Supply Partnership Memorandum of Agreement - Dennis Koellermeier
Action: Motion to recommend approval of the Tualatin Basin Water Supply Partnership
Memorandum of Agreement to the Tigard City Council.
7. Consider a Memorandum of Understanding with the City of Lake Oswego and the City of
Tigard Regarding a Water Supply Partnership - Dennis Koellermeier
Action: Motion to approve the Memorandum of Understanding with the City of Lake Oswego and
the City of Tigard regarding a water supply partnership.
8. Update on Property Issues:
■ PGE easement at the water building
■ WCCCA/City of Tigard communication tower sublease
Action: Direction from the Board regarding routine or minor real property issues.
9. Water Supply Update - City of Tigard Staff
10. Informational Items
INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 28, 2007
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2
11. Non-Agenda Items
Call for non-agenda items from Board
12. Future Agenda Items
■ Credit for Leak Policy Review
13. Next Meetings:
■ January 9, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
■ February 13, 2008, 5:30 p.m.
Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon
■ February 19, 2008, 6:30 p.m. - Special Joint Meeting with the Tigard City Council
Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
14. Adjournment
Action: Motion for adjournment.
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are
confidential and those present may disclose nothing from the Session. Representatives of the news media
are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any
information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public
INTERGOVERNMENTAL WATER BOARD AGENDA-NOVEMBER 28, 2007
Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov I Page 2 of2
hp LaserJet 3380
Tigard PW Annex ; n v e n t
5037182401
Dec-7-2007 17:48
Fax Activity Log
Job Date Time Type Identification Duration Pages Result
502 12/ 3/2007 14:27:34 Receive 1:06 2 OK
503 12/ 3/2007 15:10:39 Send 5032564691 0:45 2 OK
504 12/ 3/2007 15:35:47 Receive 0:30 3 OK
505 12/ 3/2007 15:54:17 Receive 17077470575 0:22 4 OK
506 12/ 3/2007 16:59:33 Receive 1:07 2 OK
507 12/ 3/2007 18:02:00 Receive 0:16 1 OK
508 12/ 4/2007 08:52:40 Receive FAX 0:33 1 OK
509 12/ 4/2007 09:22:39 Receive 0:30 1 OK
510 12/ 4/2007 09:53:24 Send 5038464412 1:17 2 OK
511 12/ 4/2007 10:30:54 Send 19139678842 5:46 1 OK
512 12/ 4/2007 10:47:54 Send 19139678842 5:29 1 OK
513 12/ 4/2007 12:22:19 Send 19139678842 1:06 1 OK
514 12/ 4/2007 14:59:33 Send 5035478001 2:11 2 OK
515 12/ 4/2007 15:27:36 Receive 6414107621 0:27 1 OK
516 12/ 5/2007 01:24:51 Receive 0:45 1 OK
517 12/ 5/2007 09:22:30 Receive 0:24 1 OK
518 12/ 5/2007 10:04:49 Receive 5036404518 2:31 15 OK
519 12/ 5/2007 11:43:01 Receive 0:38 1 OK
520 12/ 5/2007 11:52:00 Send 18472980862 1:01 0 Comm Error 388
521 12/ 5/2007 11:54:11 Send 18472980862 0:52 1 OK
522 12/ 5/2007 12:07:54 Receive 503 537 9613 0:25 1 OK
523 12/ 6/2007 09:23:07 Receive 0:27 1 OK
524 12/ 6/2007 12:05:40 Send 15415042354 0:29 1 OK
525 12/ 6/2007 12:47:23 Send 13035314565 0:43 1 OK
526 12/ 6/2007 12:51:52 Send 15415042354 1:42 1 OK
527 12/ 6/2007 12:58:01 Send 15415042354 2:27 1 OK
528 12/ 6/2007 13:01:07 Send 13035314565 0:53 1 OK
529 12/ 6/2007 13:20:55 Receive 800-647-6708 0:22 1 OK
530 12/ 6/2007 15:14:31 Receive 0:39 0 No Fax Detected
531 12/ 6/2007 16:28:11 Send 5032858738 2:32 1 OK
532 12/ 6/2007 17:15:16 Send 9716730457 0:57 4 OK
533 12/ 6/2007 18:44:45 Receive 0:40 3 OK
534 12/ 7/2007 01:51:34 Receive 1:10 1 OK
535 12/ 7/2007 09:22:58 Receive 0:27 1 OK
536 12/ 7/2007 12:56:32 Send 17158333953 0:40 1 OK
537 12/ 7/2007 13:39:54 Receive 800-647-6708 0:29 1 OK
538 12/ 7/2007 14:09:30 Send 17603437359 1:25 2 OK
539 12/ 7/2007 17:41:52 Monitor Dial 0:00 0 Stop
540 12/ 7/2007 17:42:51 Send 5036393771 1:58 4 OK
541 12/ 7/2007 17:45:02 Send 5035988595 2:53 4 OK