01/12/2011 - Packet Intergovernmental Nater Board Agenda
SERVING TIGARD, KING CITY,DURHAM AND TIGARD WATER DISTRICT
MEETING DATE: Wednesday,January 12, 2011, 5:30 p.m.
MEETING LOCATION: Tigard Public Works Budding
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 10, 2010
Action: Motion to approve the November 10, 2010 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update -John Goodrich
5. Pacific Realty Association Credit for Leak Request
Action: Motion to issue a credit in die amount of$1,153.64.
6. Progress Report on Rate Implementation, the Transition to Monthly Billing, and the
Financial Assistance Program —Debbie Smith-Wagar
7. Discussion of Durham's Comments on the Intergovernmental Agreement with Durham
City Attorney Bill Scheiderich —Dennis Koellermeier
8. Progress Report on Water Policies and Procedures Update -John Goodrich
9. Progress Report on Water System Development Charge Implementation -John Goodrich
10. Informational Items
a. Update from Commissioner Buchner on Lake Oswego/City of Tigard Oversight Committee
activities.
b. Update from Commissioner Winn on West Bull Mountain Technical Advisory Committee
activities.
11. Non-Agenda Items
Call for non-agenda items from the Board.
INTERGOVERNMENTAL WATER BOARD AGENDA—January 12, 2011
City of Tigard 1 13125 SW Hall Blvd.,Tigaxd, OR 97223 1 503-718-2591 1 «nvw.tigard-ongov I Page 1 oft
72. Future Agenda Items
Schedule Date Item
February 9, 2011 Election of Chair and Vice-Chair
To Be Announced Additional Tenancy in Common Agreements for Properties tivithin the Tigard
Water Service Area.
13. Next Meeting:
■ February 9, 2011 at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon
14. Adjournment
Action: Motion for adjournment.
Executive Session
The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to
order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions
are confidential and those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose
any information discussed. No Executive Session may be held for the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
INTERGOVERNMENTAL WATER BOARD AGENDA—January 12, 2011
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 � 503-718-2591 1 www.tigard-or.gov I Page 2 oft
Agenda Item No.: 2
IWB Meeting Date: _�-L2__--LL-
Intergovernmental Water Board (IWB)
Meeting Minutes
November 10, 2010
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present.
Gretchen Buehner Representing the City of Tigard
Ken Henschel Alternate Representing the Tigard Water District(Arrived 5:37 p.m.)
Keith Jehnke Representing the City of Durham
Dick Winn Representing the City of King City
Mike Stone Member At-Large
Members Absent: None
Staff Present:
Dennis Koellermeier Director of Public Works
John Goodrich Utility Division Manager
Renee' Ferguson IWB Recorder
Visitors: None
1. Call to Order, Roll Call and Introductions
Commissioner Winn called the meeting to order at 5:31 p.m.
2. Approval of Minutes —October 13, 2010
Commissioner Buehner motioned to approve the October 13, 2010 minutes.
Commissioner Stone seconded the motion. The minutes were approved by unanimous
vote of the Commissioners present, with Commissioners Buehner, Jehnke, Stone, and
Winn voting yes.
3. Public Comments: None
4. Water Supply Update
Mr. Goodrich reported:
• October average water demand was at 4.42 million gallons per day.
• The month of November is currently at 3.9 million gallons per day.
• Water demand for injection into aquifer storage recover (ASR)wells 1 and 2 started on
November 8. There is approximately 17-day water supply in ASR 1, and several days
supply in ASR 2.
• Water revenues are up by .6 percent, when compared to the same three-month period in
2009. Mr. Goodrich distributed project photos, which are on file in the IWB record. The
10-million-gallon pump station project is moving forward.
Intergovernmental Water Board Minutes November 10,2010
1
In conjunction with the project, there will be street improvements to Bull Mountain Road
and 125th Avenue.
5. Intergovernmental Agreement (IGA)
Mr. Koellermeier reported on the seventh version of the IGA draft. The Tigard city attorney has
reviewed the IGA; it is legally sufficient. The Tigard Council was also been briefed on it. The
next step is for the IWB to discuss this version of the IGA.
Note: Commissioner Henschel arrived at 5:37 p.m.
Commissioner Buehner said she has worked with Tigard's city attorney on the IGA. She
acknowledged there had been some concerns raised by other IWB members.
Commissioner Jehnke commented on the general IGA items and the first right of refusal in
Section 8E.
Mr. Koellermeier said that if an IWB jurisdiction were to leave the partnership, Tigard has the
first right of refusal to buy that jurisdiction's assets. Each jurisdiction has a different percentage
of ownership.
Commissioner Jehnke referred to Section 10.
Mr. Koellermeier mentioned that the major issue is the relationship between Tigard and Tigard
Water District and the possible expansion area of the Tigard Water District's boundaries.
Commissioner Henschel noted that there have been four different documents discussed: the
original agreement, five pages of suggestions and input, the sixth draft and the seventh draft.
The Tigard Water District is not happy with the seventh draft and questioned if it is set in stone,
or if there was room for discussion.
Mr. Koellermeier said the agreement was not set in stone. He added the Tigard City Council had
discussed the agreement and had two major issues of concern:
• The proposed IGA commits Tigard to be the perpetual water provider for the IWB
jurisdictions. Although the agreement outlines a way for King City, Durham and the
Tigard Water District to leave the IWB partnership, there is no mechanism that enables
Tigard to extricate itself from the partnership/agreement should it wish to do so.
• The other concern is that Tigard's City Council was adamant with regard to its expansion
policies and dealing with areas 63 and 64 in the IGA.
Commissioner Henschel said that the group has worked hard over the last two years to make
the agreement about water delivery and not about annexation.
Commissioner Winn said he was generally satisfied with draft seven of the IGA and believed he
had noted that in the email that was sent out previously. He went on to say that Commissioner
Buehner, Commissioner Jehnke, and Commissioner Stone were also generally satisfied with
the IGA.
Commissioner Henschel agreed and said the Tigard Water District wants to see an amended
agreement that makes sense for all the parties. Everyone had entered into this discussion two
years ago seeking change and improvement. He asked for Commissioner Buehner's thoughts.
Intergovernmental Water Board Minutes November 10,2010
2
Commissioner Buehner said she was generally satisfied with the IGA and was a representive of
the council. There had been a short Council discussion about the IGA.
Commissioner Stone commented that there seemed to be two different issues:
1. The area of interest and the facilities during the period of the bond.
2. Once the bond is paid off, what would happen with ownership interest.
With regard to system assets, Commissioner Stone questioned whether the Tigard City
Council's position would change once the bond is paid off.
Commissioner Buehner said that under the Lake Oswego-Tigard agreement, no other entities,
other than Lake Oswego and Tigard, are allowed to have a legal ownership interest in any of the
assets.
Mr. Koellermeier said Lake Oswego only wanted to deal with Tigard and not the individual
bodies that comprise the IWB.
In response to a question from Commissioner Winn, Commissioner Stone described how
ownership rights are addressed in Wilsonville. Commissioner Stone said the Tualatin Valley
Water District (TVWD)owned a portion of the property and capacity. TVWD does not have
ownership in the treatment plant, but has equity in some of the oversized system components.
Ownership interest in these components is based on capacity.
Commissioner Stone said he thought the IGA as fair and well written.
Commissioner Henschel noted Section 1A, that outlined the definition of a system asset, has
disappeared from draft six.
Mr. Koellermeier asked the Board how it would like to proceed. He suggested the
Commissioners go back to their respective jurisdictions and add comments to the current draft.
Commissioners Winn and Stone commented they would prefer to leave the seventh version in
place with the provision that the Tigard ownership portion of the Tigard/Lake Oswego project be
designated as a system asset after the bonds are paid off.
Mr. Koellermeier will send the seventh version of the IGA, in Word format, to the Board
members.
6. IWB Representatives' Terms which expire in December 2010
Mr. Koellermeier stated Commissioners Buehner and Winn's terms will expire in December.
The City of Tigard will be sending letters to the City Managers of Tigard and King City asking
them to appoint representatives to the next term.
7. Informational Items
a. Commissioner Buehner reported the recommendation for capital projects was
reviewed at the monthly Oversight Committee. The recommendations will be considered
by the Lake Oswego and Tigard City Councils in December.
b. Commissioner Winn reported on the West Bull Mountain Technical Advisory
Committee. The concept plan is being reviewed by the County Commissioners.
Intergovernmental Water Board Minutes November 10,2010
3
Commissioner Buehner said the plan went in front of the Washington County Planning
Commission last week.
Mr. Goodrich will be organizing a tour of the 10-million-gallon pump station for the Board
and will see if any of the Council members would be interested as well.
8. Non-Agenda Items
The Board did not discuss any non-agenda items.
9. Future Agenda Items
Future agenda items were not discussed.
10. Next Meeting:
• December 8, 2010 at 5:30 p.m.
Public Works Building, 8777 SW Burnham St, Tigard, Oregon
11. Adjournment
At 6:50 p.m., Commissioner Stone motioned to adjourn the meeting; Commissioner
Henschel seconded the motion. The meeting was adjourned by unanimous vote of the
Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone, and
Winn voting yes.
Dick Winn, IWB Chair Renee Ferguson, IWB Recorder
Date: Date:
Intergovernmental Water Board Minutes November 10,2010
4
Agenda Item No.:
I WB Meeting Date:
N
MEMORANDUM
TIGARD
TO: Intergovernmental Water Board
FROM: Jamie Greenberg, Sr. Acct.Assisw9d/
RE: Pacific Realty Assoc (Pac Trust)
DATE: November 18, 2010
The attached credit for leak request is being forwarded to you for your approval at the next
scheduled meeting on . The method used in calculating the amount of the credit is based on existing
policy and there are no extenuating circumstances to this particular request. Pac Trust has many line
breaks over the last two months for this building.After contacting them on November 9,2010 to
have them make sure their leaks have been fixed they have informed me that nothing is now moving
on their meter and all leaks have been fixed. I have informed them that after this credit we will not
be able to issue any more for this address for this problem of a main break.They understand The
credit in the amount of$1,153.64 was calculated for two billing periods that this leak effected they
are for the dates of July 6,2010 to August 31,2010.Then the billing period of August 31,2010 to
November 1,2010 and requires your Board approval before processing.
If you have any questions regarding this request,please feel free to call me directly at 503-718-2492.
Attached is a history of meter consumption and all documentation of the leak being repaired
submitted by the customer. The customer has been notified of the next scheduled
Intergovernmental Water Board meeting so they may attend if they so desire.
Received: Oct 4 2010 10:25am
10/04/2010 10:24 FAX 5036247755 PacTrust 160002/0010
t
CREDIT EOR LEAK ADTUSTMENT
The City of Tigard has a policy of issuing partial credits for leaks that are repaired in a timely
nw=r. The city expects leaks to be repaired within ten days of discovery. Credits are
based on your average usage for the same period in previous years. This average is deducted ®`
from the total consumption used during the ti=of the leak, The excess usage is charged at
the wholesale rate of water,with the difference between wholesale and resale cost deducted
from the utility account as the Credit for Leak f
Please describe the specific circumstances of your request_ GY,
( Date leak found:� -- Date leak repaired: 0
Account#: 7-Z.�� �0
Location of Service: IL`-]
Customer Name:
—P,-U&L ff�faUa
Mailing Address: sl - cit) t' OA- q7x
Street address City State Gip
Phone
:5ol
DOCUMENTATION
YOU MUST SUBMIT COPIES OF PLUMBER'S BILLS AND/OR
RECEIPTS FOR PARTS, REQUIRED TO FIX THE LEAK.
-----------------------F- ----------------------____--------------
OR OFFICE USE ONLY
$2.68 '$2.66 $3.13 $2.60 $3.34 - $122 $ -� {
MUR M IRR
�f
Previous years usage:
;1 cl .0-S #periods used
Average Leak Period Leak cd Mar6p Qedit Adjustment
Total Qedit:$AVS�,?W Date Issued:-4*0 Issued B
&�_
(�S�
Received: Oct 4 2010 10:25am
10/04/2010 10:24 FAX 5036247755 PacTrust 90003/0010
SERVICE ADDRESS:
CITY OF TIGARD 7257 SW KABLE LN
UTILITY BILLING r �J CUSTOMER NUMBER:
4 13125 SW HALL BLVD. Q p ~` 012239-000
TIGARD,OR 97223
(503)718-2460 SERVICE TYPE:
EMERGENCY AFTER HOURS: : , �' -' COMMERCIAL
(503)639-1554 r;' ' SERVICE DATES:
! , 07/06/2010 to 08/31/2010
DUE DATE:
09/29/2010
WATER SEWER&SURFACE WATER STREET MAINTENANCE
WATER USAGE WINTER AVERAGE 34 COMMERCIAL
CUNT 13,917 58.88
PREVIOUS 13,403 SEWER BASE CHARGE 305.15
WATER USAGE 514 SEWER USAGE CHARGE 4f.82
SURFACE WATER MANAGEMENT 99.15
RECEIVED
SEP 14 ING
CUSTOMER CHARGE 6.86 P=Tr st
WATER CONSUMPTION 1,608.82
FIRE 31.21
TOTAL TOTAL .TOTAL
WATER 1,646.89 SEWER&SURFACE WATER 451.12 STREET MAINTENANCE 58.88
$2,156.89 $737.12 42.84) $737.12
$2,154.05
Last Years Water Usage Same Billing Period.. 35
Please read the enclosed brochure concerning water rate changes for Tigard Water Service Area.These changes go in
effect October 1,2010.
.........__......._......_.............__. .......... _....................._.........._:............_.. ........................ ............._......_......__.._.__.......
PLEASE RETURN THIS PORTION WITH PAYMENT ❑FMCHANMOFADORE88.?L"MCNEM
BGxAM(XIM SM WOW ON REVMM SUM
PLEASE DO NOT STAPLE OR TAPE CHECK TO THE COUPON
CITY OF TIGARD
UTILITY BILLING
it f4 13125 SW HALL BLVD flq p� 09/29/2010
TIGARD,OR 97223 $2,154.05
ADDRESS SERVICE REQUESTED 7757 SW KA,BLE LN
MAKE CHECK PAYABLE TO: CITY OF TIGARD
��1!l��I�Iht1lh.�l�•Illlyl•"1'IN��1lI�1i11'1'I"tl�l11�'ll� (503)639-4171 www.tigard-orgov
PACIFIC REALTY ASSOC
15350 SW SEQUOIA PKWY#300-A#61611
PORTLAND OR 972247172 II,INI;1!l�III'11i1lgl�llllllhln�h�l�llllll�.l�.lE�ht��111�
CITY OF TIGARD
P.O.BOX 3129
PORTLAND,OR 97208-3129
101012239000000000002154051
Received: Oct 4 2010 10:25am
04/2010 10:24 FAX 5036247755 PacTrust 110004/0010
Elkhorn Landscapo Contractors, LLC
P.Q. Box 1828 ■ Lake Grove ■ OR ■ 97035
(503) 635-2552 ■ Fax (503) 697-3049
Tax I.D. No. 30-0542057
■E■ INVOICE NO. 2279
cl
��
TO: Pacific Realty Associates �--
Attn: John witala
15350 SW Sequoia Pkwy, Suite 300
Portland OR 97224
■O■
DATE ICUST NO. ISALESOERSON TERMS
8/8/2010 Net 30 dais
QTY DESCRIPTION PER UNIT TOTAL
OBP 111 Irrigation Repair
Total Bldg.215 $ 390.00
otal Bldg.215 Commons $
~G'ot�l Bldg.220 $
otal Bldg.217 $
4 BIS:217 Commons $ 165.00
Total Well/Mather 8 Sons $ 150.00
Total Well/Mainline leaks $ 2,977.50
Invoices
United Pipe 903001 $ 114.21
8531280 $ 132.15
8530$91 141.28
8525873 $ 80.00
Horizon 2KW7537 $ 83.35
2K007131 $ 88.12
2KO07260 $ 16.03
Please make checks payable to: 1096 of invoices $ 65.51
Elkhorn Landscape Contractors, LLC
P.O.Box 1828
Latae Grove,OR 97035 AMOUNT DUE $ 5,198.15
Received: Oct 4 2010 10:25am
04/2010 10:24 FAX 5036247755 PacTrust 90005/0010
Invoice No.2279
Page 2
7/30/2010 Bldg.215-Repair mainline leak !f
2 hrs Adolfo $ 30.00 $ 60.00
ci
2 hrs Moises $ 30.00 $ 60.00 `'
7/31/2010 Bldg.215-Replace broken valve
3 hrs o.t. Adolfo $ 45.00 $ 135.00
3 hrs o.t. Moises $ 45.00 $ 135.00
Total Bldg.215 $ 390.00
7/17/2010 Bldg.215 Commons-Replace 3 sprinklers in large roots
1.5 hrs 01 Adolfo $ 45.00 $ 67.50
1.5 hrs o.t. Moises $ 45.00 $ 67.50
Total Bldg.215 Commons $$ 135.00
7/19/2010
2 hrs Steve $ 30.00 $ tom
7 hrs Moises $ 30.00 10.00
7 hr Adolfo $ 30.00
.: ,
7/20/2010 Bldg.217- epair late arge roots
3 hrs Adolfo $ 30.00 $ 90.00
3 hrs Moises $ 30.00 $ 90.00
Total Bldg.217 $ 180.00
7/20/2010 Bldg.217 Commons-Excavate for broken valve
1 hr Adolfo $ 30.00 $ 30.00
1 hr Moises $ 30.00 $ 30.00
7/21/2010 Bldg.217 Commons-Replace valve
1 hr Adolfo $ 30.00 $ 30.00
0.5 hrs 01 $ 45.00 $ 22.50
1 hr Moises $ 30.00 $ 30.00
0.5 hrs o.t. $ 45.00 $ 22.50
Total Bldg.217 Commons $ 165.00
7/19/2010 Well/Mather&Sons-work with Dez to reset pump
3 hrs Steve $ 30.00 $ 90.00
1 hr Adolfo $ 30.00 $ 30.00
1 hr Moises $ 30.00 $ 30.00
Total Well/Mather&Sons $ 150.00
Received: Oct 4 2010 10:26an
/04/2010 10:24 FAX 5036247755 PacTrust Q0006/0010
Invoice No.2279
Page 3
7/23/2010 Well/Mainline leaks-Begin Ving mainline leak at Bldg.217
Dig up and identify 3 sleeves across parking lot&install 2
isolation valves
8 hr Steve $ 30.00 $ 240.00
1.5 hrs o.t. $ 45.00 $ 67.50
8 hr Adolfo $ 30.00 $ 240.00
1.5 hrs o.t. $ 45.00 $ 87.50
8 hr Moises $ 30.00 $ 240.00
1.5 firs o.t. $ 45.00 $ 67.50
7/24/2010 Well/Mainline leaks-Begin idIng mainline leak at Bldg.217
Install 2 isolation valves
8 hrs oA. Adolfo $ 45.00 $ 360.00
8 hrs 01 Moises $ 45.00 $ 360.00
7/26/2010 Well/Mainiine leaks-Find and identify broken mainline
under large Hogans
4.5 hrs Adrian $ 30.00 $ 135.00
3 his Steve $ 30.00 $ 90.00
8 hrs Adolfo $ 30.00 $ 240.00
8 hrs Moises $ 30.00 $ 240.00
7/27/2010 Well/Mainline leaks-Relocate mainline and valve wires
around Hopans
7 hrs Adolfo $ 30.00 $ 210.00
7 hm Moises $ 30.00 $ 210.00
7/28/2010 Weil/Mainline leaks-Backfill,regrade and rototill
1 hr LUIS $ 30.00 $ 30.00
1 hr Gonxolo $ 30.00 $ 30.00
2.5 hrs Adolfo $ 30.00 $ 75.00
2.5 hrs Moises $ 30.00 $ 75.00
Total Well/Mainline leaks $ 2,977.50
134
/04/2010 10:24 FAX 5036247755 Oct 4 2010 10:26am
-- PacTrust
IM 0007/0010
Ltkhorn Landscape Contractors, LLC
P.O. Box 1828 ■ Lake Grove r OR ■ 97035
(503) 635-2552 ■ Fax (503) 697-3049
Tax I.D. No. 30-0542057
■�■
INVOICE NO. 2306
TO: Pacific Realty Associates
Attn: John witaia
15350 SW Sequoia Pkwy, Suite 300
0100Portland OR 97224
DATE COST NO. SALESPERSON �'ERMS
9&2010
Net 30 da s
QTY DESCRIPTION
OBP tt1 trrigatipn Repair PER UNIT TOTAL
t ,TO al Bldg.215
.....
Total Bldg,215 Commons
� 30.00
Please make checks payW9 to:
Elkhorn Landscape Contractors, LLC
P.O.Soot I=
Lake Csf+ k OR 97035 AMOUNT DUE $
.00
Received: Oct 4 2010 10:26am
/04/2010 10:24 FAX 5036247755 PacTrust Q0008/0010
Invoice No.2306
Page 2
8/2/2090 Bldg.215-Repair 1 sprinkler in roots
1 hr Adolfo $ 30.00 $ 30.00 '"` fir` :
1 hr Moises $ 30.00 $ 30.00
Total Bldg.21560$.00
8/10/2010 Bldg. 218-Remove damaged pressure regulator next
to large tree
5.5 his Moises $ 30.00 165.
Total Bldg.218
8/9/2010 Bldg.220-Replace broken valve next to large cherry tree
3 his Moises $ 30.00 $ 90.00
3 hrs Adrian $ 30.00 $
Total Bldg.220
8124/2010 Bldg. 215 Commons-Repair Iniddero
0.5 hr Adolfo $ 30.00 $ 15.00
0.5 hr Victor $ 30.00 $ 15.00
Total Bldg. 215 Commons$ 30.00
14.5
Received: Oct 4 2010 10:26am
04/2010 10:25 FAX 5036247755 PacTrust Q0009/0010
r
Elkhorn Landscape Contractors, LLC
P.O. Box 1828 ■ Lake Grove ■ OR ■ 97035
(503) 635-2552 0 Fax (503) 697-3049
Tax I.D. No. 30-0542057
TO: Pacific Realty Associates `` f
Attn: John Wiitala
15350 SW Sequoia Pkwy, Suite 300
Portland OR 97224
DATE CUST NO. SALESPERSON =TERMS
9/3/2010 Net 30 days
QTY DESCRIPTION- PER UN .
OSP Ill lffw oq Repair .
Total Bldg, 218 Commons. 795.00
Pk dmft payable to:
EIL.norn Landscape Contractors, LLC
P.O.em 1828
Lake Grove,OR 97035 AMOUNT DUE $ 795.00
Received: Oct 4 2010 10:26am
04/2010 10:25 FAX 5036247755 PacTrust [ 0010/0010
Page 2
913/2010 Bldg.218 Comm s-Excavate 8 identify mainline leak under
4 hrs Steve $ large cedar tree
4 hrs Adolfo $ 120.00
,� .00 $ 120.x0
4 hrs Moises $ 30.00 $ 120.00
9R/2010 B .218 Commons-Repair mainline
3.5 hrs Steve 30.00 $ 105.00
3.5 hrs Adolfo $ 30.00 $ 105.00
3.5 hrs Moises $ 30.00 $ 105.00
9/8/2010 Bldg.218 Commons-Fest&-backfill
2 hrs Adolfo $ 30.00 $ 80.00
2 hrs Molses $ 30.00 $ 80.00
Total Bldg.218 Commons $ 795.00
28.5
Utility Billing
Account History Report v
User Name: Jamie
City Name: CITY OF TIGARD
Printed: 11/18/2010- 8:45:AM TI ARD ,
Account Status: Active Total Acct Balance: 991.01
Connect Date: 03/26/1990 Final Date: Deposits: 0.00 Refunds: 0.00
Customer Name: PACIFIC REALTY ASSOC Owner name: PACIFIC REALTY ASSOC
Customer Address: 15350 SW SEQUOIA PKWY Service Address: 7257 SW KABLE LN
#300-A#61611
PORTLAND,OR 97224
Home Phone: (503)624-6300 Ext.
Business Phone: ( ) - Ext.
Customer Number:012239 000 Reference Number: 7700090
Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8
Current Balance By Service 678.02 380.13 107.07 0.00 0.00 -174.21 0.00 0.00
11/10/2010 Balance 991.01 678.02 380.13 107.07 -174.21
11/10/2010 Billing 1,281.17 722.82 389.70 109.77 58.88
09/24/2010 Payment -2,154.05 -1,690.92 -360.08 -101.45 -1.60
09/22/2010 Adjustment -290.16 CREDIT STREET -290.16
09/08/2010 Balance 2,154.05 1,646.12 350.51 98.75 58.67
09/08/2010 Billing 2,156.89 1,646.89 351.97 99.15 58.88
07/27/2010 Payment -737.12 -202.38 -378.86 -104.47 -51.41
07/26/2010 Adjustment -2.84 Street Misbill -2.84
07/14/2010 Balance 737.12 201.61 377.40 104.07 54.04
07114/2010 Billing 737.12 201.61 377.40 104.07 54.04
05/28/2010 Payment -757.93 -188.53 -369.48 101.64 -98.28
05/12/2010 Balance 757.93 188.53 369.48 I01.64 98.28
05/12/2010 Billing 757.93 188.53 369.48 101.64 98.28
03/26/2010 Payment -657.66 -126.27 -339.67 -93.44 -98.28
03/10/2010 Balance 657.66 126.27 339.67 93.44 98.28
03/10/2010 Billing 657.66 126.27 339.67 93.44 98.28
01/29/2010 Payment -700.36 -123.36 -375.44 -103.28 -9$.28
01/132010 Balance 700.36 123.36 375.44 103.28 98.28
01/13/2010 Billing 700.36 123.36 375.44 103.28 98.28
12/01/2009 Payment -719.05 -142.05 -375.44 -103.28 -98,28
11/11/2009 Balance 719.05 142.05 375.44 103.28 98.28
11/112009 Billing 719.05 142.05 375.44 103.28 98,28
09/28/2009 Payment -716.83 -144.69 -381.07 -92.79 -98.28
09/09/2009 Balance 716.83 144.69 38.1.07 92.79 98.28
UB-Account History List(Printed: 11/18/2010- 8:45:AM) Page: 1
Customer Number:012239 000 Reference Number: 7700090
Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8
09/09/2009 Billing 716.83 144.69 381.07 92.79
07/27/2009 Payment -605.28 98.28
-125.02 -309.85 -72.13 -98.28
07/08/2009 Balance 605.28 125.02 309.85 72.13
07/08/2009 Billing 605.28 98.28
05/28/2009 Payment -684.45 125.02 309.85 72.13 98.28
-150.00 -353.55 -82.62 -98.28
05/13/2009 Balance 684.45 150.00 353.55 82.62
05/13/2009 Billing 684.45 150.00 353.55 82.62 gg 28
03/20/2009 Payment -618.72 .28
-139.67 -308.64 -72.13 -98.28
28
03/11/2009 Balance 618.72 139.67 308.64 72.13 98,28
03/11/2009 Billing 618.72 139.67 308.64 72.13
01/26/2009 Payment -658.08 98.28
01/14/2009 Balance -123.63 -353.55 -82.62 -98.28
658.08 123.63 353.55 82.62
01/14/2009 Billing 658.08 123.63 353.55 82.62 98.28
11/26/2008 Payment -746.78 98.28
11/12/2008 Balance -212.33 -353.55 -82.62 -98.28
746.78 212.33 353.55 82.62
11/12/2008 Billing 746.78 212.33 353.55 82.62 gg 28
09/23/2008 Payment -946.55 98.28
09/1012008 Balance -378.23 -380.85 -89.19 -98.28
946.55 378.23 380.85 89.19 98.28
09/10/2008 Billing 946.55 378.23 380.85 89.19
07/21/2008 Payment -549.35 98.28
07/09/2008 Balance -211.20 -272.98 -66.89 -98.28
549.35 111.20 272.98 66.89 98.28
07/09/2008 Billing 549.35 111.20 272.98 66.89
05/30/2008 Payment -677.52 98.28
05/14/2008 Balance -140.36 -354.94 -83.94 -98.28
677.52 140.36 354.94 83.94
05/14/2008 Billing 677.52 140.36 354.94 83.94 98 28
03/21/2008 Payment -662.68 98.28
03/12/2008 Balance -139.25 -343.84 -81.31 -98,28
662.68 139.25 343.84 81.31 98,28
03/12/2008 Billing 662.68 139.25 343.84 81.31
01/25/2008 Payment -605.61 98.28
-109.62 -321.65 -76.06 -98.28
01/09/2008 Balance 605.61 109.62 321.65 76.06
01/09/2008 Billing 605.61 109.62 321.65 76.06 gg 2895,28
11/30/2007 Payment -668.45 -151.88 -338.29 -80.00
11/14/2007 Balance 668.45 -98.28
11/14/2007 Billing 668.45 151.88 338.29 80.00 98.28
09/24/2007 Payment -665.53 151.88 338.29 80.00 98.28
09/12/2007 Balance -128.37 -354.94 -83.94 -98 28
665.53 128.37 354.94 83.94
09/12/2007 Billing 665.53 128.37 354.94 83.94 48,28
07/26/2007 Payment -646.32 98.28 646.32
07/11/2007 Balance -150.30 -331.90 -65.84 -98,28 07/1112007 Billing 646.32 150.30 331.90 65.84 98,28150.30 331.90 65.84
05/22/2007 Payment -598.19 98.28
598.19
05/0912007 Balance -123.91 -317.25 -58.75 -98,28 05109!2007 Billing 598.19 123.91 317.25 58.75 98.28123.91 317.25 58.75
03/2712007 Payment -713.32 98.28
03/14/2007 Balance 713.32 -194.38 -354.56 -66.10 -98.28
194.38 354.56 66.10 95,28
UB-Account History List(Printed: 11/18/2010- 8:45:AM)
Page: 2
Customer Number: 012239 000 Reference Number: 7700090
Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8
03/14/2007 Billing 713.32 194.38 354.56 66.10 98.28
01/26/2007 Payment -625.31 -111.90 -350.08 -65.05 -98.28
01/10/2007 Balance 625.31 111.90 350.08 65.05 98.28
01/10/2007 Billing 625.31 111.90 350.08 65.05 98.28
11/27/2006 Payment -654.70 -157.88 -336.64 -61.90 -98.28
11/08/2006 Balance 654.70 157.88 336.64 61.90 98.28
11/08/2006 Billing 654.70 157.88 336.64 61.90 98.28
09/27/2006 Payment -657.57 -149.69 -345.60 -64.00 -98.28
09/13/2006 Balance 657.57 149.69 345.60 64.00 98.28
09/13/2006 Billing 657.57 149.69 345.60 64.00 98.28
07/24/2006 Payment -694.80 -204.16 -325.21 -67.15 -98.28
07/12/2006 Balance 694.80 204.16 325.21 67.15 98.28
07/12/2006 Billing 694.80 204.16 325.21 67.15 98.28
05/23/2006 Payment -690.15 -212.65 -314.17 -65.05 -98.28
05/10/2006 Balance 690.15 212.65 314.17 65.05 98.28
05/10/2006 Billing 690.15 212.65 314.17 65.05 98.28
03/20/2006 Payment -616.48 -175.70 -283.75 -58.75 -98.28
03/08/2006 Balance 616.48 175.70 283.75 58.75 98.28
03/08/2006 Billing 616.48 175.70 283.75 58.75 98.28
01/24/2006 Payment -638.18 -142.32 -329.38 -68.20 -98.28
01/11/2006 Balance 638.18 142.32 329.38 68.20 98.28
01/11/2006 Billing 638.18 142.32 329.38 68.20 98.28
11/23/2005 Payment -675.79 -247.24 -273.62 -56.65 -98.28
11/09/2005 Balance 675.79 247.24 273.62 56.65 98.28
11/09/2005 Billing 675.79 247.24 273.62 56.65 98.28
09/27/2005 Payment -716.3I -232.70 -319.23 -66.10 -98.28
09/14/2005 Balance 716.31 232.70 319.23 66.10 98.28
09/14/2005 Billing 716.31 232.70 319.23 66.10 98.28
07/25/2005 Payment -621.52 -147.58 -309.56 -66.10 -98.28
07/13/2005 Balance 621.52 147.58 309.56 66.10 98.28
07/13/2005 Billing 621.52 147.58 309.56 66.I0 98.28
05/25/2005 Payment -611.28 -143.65 -302.20 -67.15 -98.28
05/11/2005 Balance 611.28 143.65 302.20 67.15 98.28
05/11/2005 Billing 611.28 143.65 302.20 67.15 98.28
03/23/2005 Payment -516.21 -100.55 -259.68 -57.70 -98.28
03/09/2005 Balance 516.21 100.55 259.68 57.70 98.28
03/09/2005 Billing 516.21 100.55 259.68 57.70 98.28
01/31/2005 Payment -595.22 -121.81 -306.93 -68.20 -98.28
01/12/2005 Balance 595.22 121.81 306.93 68.20 98.28
01/12/2005 Billing 595.22 121.81 306.93 68.20 98.28
11/29/2004 Payment -576.01 -119.92 -292.76 -65.05 -98.28
11/10/2004 Balance 576.01 119.92 292.76 65.05 98.28
11/10/2004 Billing 576.01 119.92 292.76 65.05 98.28
09/2212004 Payment -583.90 -168.24 -259.68 -57.70 -98.28
09/08/2004 Balance 583.90 168.24 259.68 57.70 98.28
UB-Account History List(Printed: 11/18/2010- 8:45:AM) Page: 3
Customer Number:012239 000 Reference Number: 7700090
Tran Date Tran Type Amount Description Water Sewer SWM Penalty Mise StrMnt Sery 7 Sery 8
09/08/2004 Billing 583.90 168.24 259.68 57.70 gg 28
_
07/23/2004 Payment -562.35 -109.41 -288.56 -66.10 98,28
07/14/2004 Balance 562.35 109.41 288.56 66.10 98.28
07/14/2004 Billing 562.35 109.41 288.56 66.10 98,28
05/26/2004 Payment -524.96 -109.41 -289.83 -66.10 -59.62
05!12/2004 Balance 524.96 109.41 289.83 66.10 59.62
05/12/2004 Billing 524.96 109.41 289.83 66.10 59.b2
03/24/2004 Payment -369.84 -81.06 -230.03 -58.75
03/10/2004 Balance 369.84 81.06 230.03 58.75
03/10/2004 Billing 369.84 81.06 230.03 58.75
02/02/2004 Payment -517.14 -101.20 -349.84 -66.10
01/14/2004 Balance 517.14 101.20 349.84 66.10
01/14/2004 Billing 517.14 101.20 349.84 66.10
12/02/2003 Payment -1,082.99 -721.24 -295.65 -66.10
11/12/2003 Balance 1,082.99 721.24 295.65 66.10
11/12/2003 Billing 1,082.99 721.24 295.65 66.10
09/25/2003 Payment -1,955.83 -1,574.36 -315.37 -66.10
09/10/2003 Balance 1,955.83 1,574.36 315.37 66.10
09/10/2003 Billing 1,955.83 1,574.36 315.37 66.10
07/28/2003 Payment -1,007.57 -672.41 -276.44 -58.72
07/09/2003 Balance 1,007.57 672.41 276.44 58.72
07/09/2003 Billing 1,007.57 672.41 276.44 58.72
05/29/2003 Payment -480.07 -105.18 -308.81 -66.08
05/14/2003 Balance 480.07 105.18 308.81 66.08
05/14/2003 Billing 480.07 105.18 308.81 66.08
03/27/2003 Payment -508.61 -103.99 -333.26 -7I.36
03/12/2003 Balance 508.61 103.99 333.26 71.36
03/12/2003 Billing 508.61 103.99 333.26 71.36
01/22/2003 Payment -392.41 -83.13 -254.72 -54.56
01/08/2003 Balance 392.41 83.13 254.72 54.56
01/08/2003 Billing 392.41 83.13 254.72 54.56
12/04/2002 Payment -490.02 -115.13 -308.81 -66.08
11/13/2002 Balance 490.02 115.13 308.81 66.08
11/13/2002 Billing 490.02 115.13 308.81 66.08
09/23/2002 Payment -482.49 -101.21 -314.16 -67.12
09/11/2002 Balance 482.49 101.21 314.16 67.12
09/11/2002 Billing 482.49 101.21 314.16 67.12
07/24/2002 Payment -446.74 -97.17 -286.61 -62.96
07/10/2002 Balance 446.74 97.17 286.61 62.96
07/10/2002 Billing 446.74 97.17 286.61 62.96
05/20/2002 Payment -430.98 -96.75 -275.51 -58.72
05/08/2002 Balance 430.98 96.75 275.51 58.72
05/08/2002 Billing 430.98 96.75 275.51 58.72
03/25/2002 Payment -497.82 -127.25 -305.53 - -65.04
03/13/2002 Balance 497.82 127.25 305.53 65.04
UB-Account History List(Printed: 11/18/2010- 8:45:AM) Page: 4
Customer Number: 012239 000 Reference Number: 7700090
Tran Date Tran Type Amount Description Water Sewer SWM Penalty Mise StrMnt Sery 7 Sery 8
03/13/2002 Billing 497.82 127.25 305.53 65.04
01/22/2002 Payment -421.53 -81.02 -280.67 -59.84
01/09/2002 Balance 421.53 81.02 280.67 59.84
01/09/2002 Billing 421.53 81.02 280.67 59.84
11/29/2001 Payment -848.39 -460.15 -320.08 -68.16
11/14/2001 Balance 848.39 460.15 320.08 68.16
11/14/2001 Billing 848.39 460.15 320.08 68.16
09/27/2001 Payment -612.34 -247.96 -300.38 -64.00
09/12/2001 Balance 612.34 247.96 300.38 64.00
09/12/2001 Billing 612.34 247.96 300.38 64.00
07/23/2001 Payment -481.12 -104.27 -310.77 -66.08
07/11/2001 Balance 481.12 104.27 310.77 66.08
07/11/2001 Billing 481.12 104.27 310.77 66.08
05/25/2001 Payment 434.26 -102.18 -273.36 -58.72
05/09/2001 Balance 434.26 102.18 273.36 58.72
05/09/2001 Billing 434.26 102.18 273.36 58.72
03/30/2001 Payment -464.72 -96.30 -303.38 -65.04
03/I4/2001 Balance 464.72 96.30 303.38 65.04
03/14/2001 Billing 464.72 96.30 303.38 65.04
02/02/2001 Payment -490.83 -117.21 -307.54 -66.08
01/10/2001 Balance 490.83 117.21 307.54 66.08
01/10/2001 Billing 490.83 117.21 307.54 66.08
11/27/2000 Payment -399.95 -85.46 -258.89 -55.60
11/08/2000 Balance 399.95 85.46 258.89 55.60
11/08/2000 Billing 399.95 85.46 258.89 55.60
10/02/2000 Payment -508.10 -134.48 -307.54 -66.08
09/13/2000 Balance 508.10 134.48 307.54 66.08
09/13/2000 Billing 508.10 134.48 307.54 66.08
07/27/2000 Payment -542.89 -161.48 -312.13 -69.28
07/12/2000 Balance 542.89 161.48 312.13 69.28
07/12/2000 Billing 542.89 16I.48 312.13 69.28
05/19/2000 Payment -470.48 -106.45 -297.95 -66.08
05/10/2000 Balance 470.48 106.45 297.95 66.08
05/10/2000 Billing 470.48 106.45 297.95 66.08
03/27/2000 Payment -394.47 -93.39 -246.52 -54.56
03/08/2000 Balance 394.47 93.39 246.52 54.56
03/08/2000 Billing 394.47 93.39 246.52 54.56
02/14/2000 Payment -507.55 -107.87 -327.28 -72.40
01/12/2000 Balance 507.55 107.87 327.28 72.40
01/12/2000 Billing 507.55 107.87 327.28 72.40
01/10/2000 Payment 488.14 -169.84 -260.62 -57.68
11/10/1999 Balance 488.14 169.84 260.62 57.68
11/10/1999 Billing 488.14 169.84 260.62 57.68
11/01/1999 Payment -503.20 -144.21 -293.95 -65.04
09/15/1999 Balance 503.20 144.21 293.95 65.04
UB-Account History List(Printed: 11/18/2010- 8:45:AM) Page: 5
Customer Number: 012239 000 Reference Number: 7700090
Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8
09/15/1999 Billing 503.20 144.21 293.95 65.04
08/30/1999 Payment -523.51 -147.22 -308.13 -68.16
07/14/1999 Balance 523.51 147.22 308.13 68.16
07/14/1999 Billing 523.51 147.22 308.13 68.16
07/12/1999 Payment -482.72 -118.69 -297.95 -66.08
05/12/1999 Balance 482.72 118.69 297.95 66.08
05/12/1999 Billing 482.72 118.69 297.95 66.08
05/03/1999 Payment -425.41 -107.11 -260.62 -57.68
03/10/1999 Balance 425.41 107.11 260.62 57.68
03/10/1999 Billing 425.41 107.11 260.62 57.68
03/19/1999 Payment -464.36 -100.33 -297.95 -66.08
01/13/1999 Balance 464.36 100.33 297.95 66.08
01/13/1999 Billing 464.36 100.33 297.95 66.08
01/04/1999 Payment -417.76 -99.46 -260.62 -57.68
11/11/1998 Billing 417.76 BL 99.46 260.62 57.68
09/29/1998 Payment -486.25 PY -116.13 -303.00 -67.12
09/16/1998 Billing 486.25 BL 116.13 303.00 67.12
07/24/1998 Payment -468.01 PY -109.02 -293.95 -65.04
07/15/1998 Billing 468.01 BL 109.02 293.95 65.04
06/01/1998 Payment -469.37 PY -114.16 -292.25 -62.96
05/13/1998 Billing 469.37 BL 114.16 292.25 62.96
03/24/1998 Payment -447.49 PY -98.37 -287.20 -6I.92
03/11/1998 Billing 447.49 BL 98.37 287.20 61.92
01/26/1998 Payment -454.27 PY -97.27 -307.40 -49.60
01/14/1998 Billing 454.27 BL 97.27 307.40 49.60
12/01/1997 Payment -476.62 PY -108.97 -316.53 -51.12
11/12/1997 Billing 476.62 BL 108.97 316.53 51.12
09/26/1997 Payment -412.68 PY -89.73 -278.07 44.88
09/10/1997 Billing 412.68 BL 89.73 278.07 44.88
08/04/1997 Payment 466.29 PY -1I5.14 -302.35 48.80
07/16/1997 Billing 466.29 BL 115.14 302.35 48.80
06/04/1997 Payment -463.32 PY -113.07 -299.85 -50.40
05/14/1997 Billing 463.32 BL 113.07 299.85 50.40
03/24/1997 Payment 405.02 PY -98.42 -262.52 44.08
03/12/1997 Billing 405.02 BL 98.42 262.52 44.08
01/27/1997 Payment -343.60 PY -113.65 -196.91 -33.04
01/15/1997 Billing 343.60 BL 113.65 196.91 33.04
Route Sequence Serial 0077-0010-9719 Read Date Reading Consumption Meter Status Active
11/01/2010 14,127 210
08/31/2010 13,917 514
07/06/2010 13,403 51
05/04/2010 13,352 47
UB-Account History List(Printed: 11/18/2010- 8:45:AM) Page: 6
Customer Number:012239 000 Reference Number: 7700090
Route Sequence Serial 0077-0010-9719 Read Date Reading Consumption Meter Status Active
03/03/2010 13,305 28
01/05/2010 13,277 26
11/03/2009 13,251 33
09/01/2009 13,218 35
06/29/2009 13,183 30
05105/2009 13,153 37
03/03/2009 13,116 35
01/07/2009 13,081 28
11105/2008 13,053 60
09/03/2008 12,993 122
06/27/2008 12,871 28
05/07/2008 12,843 36
03/04/2008 12,807 36
01/02/2008 12,771 26
11/05/2007 12,745 42
09/05/2007 12,703 34
07/03/2007 12,669 43
05/02/2007 12,626 34
03/07/2007 12,592 60
01/03/2007 12,532 28
11/02/2006 12,504 48
09/04/2006 12,456 46
07/05/2006 12,410 68
05/02/2006 12,342 ?2
03/01/2006 12,270 58
01/04/2006 12,212 42
10/31/2005 12,170 91
09/07/2005 12,079 86
07/06/2005 11,993 48
05/04/2005 11,945 46
03/01/2005 11,899 29
01/05/2005 11,870 36
11/01/2004 11,834 37
08/31/2004 11,797 63
07/07/2004 11,734 33
05/05/2004 11,701 33
03/03/2004 11,668 23
01/13/2004 11,645 27
11/03/2003 11,618 332
09/04/2003 11,286 771
07/02/2003 10,515 320
05/07/2003 10,I95 33
03/05/2003 10,162 31
12/27/2002 10,131 25
UB-Account History List(Printed: 11/18/2010- 8:45:AM)
Page: 7
Customer Number:012239 000 Reference Number: 7700090
Route Sequence Serial 0077-0010-9719 Read Date Reading Consumption Meter Status Active
11/05/2002 10,106 38
09/03/2002 10,068 34
07/01/2002 10,034 33
05/02/2002 10,001 34
03/07/2002 9,967 49
01/04/2002 9,918 25
11/08/2001 9,893 232
09/04/2001 9,661 116
07/05/2001 9,545 36
05/03/2001 9,509 37
03/08/2001 9,472 39
01/05/2001 9,433 52
11/03/2000 9,381 35
09/11/2000 9,346 63
07/10/2000 9,283 82
05/05/2000 9,201 47
03/03/2000 9,154 42
01/11/2000 9,112 46
11/03/1999 9,066 91
09/09/1999 8,975 72
07/09/1999 8,903 73
05/05/1999 8,830 55
03/03/1999 8,775 50
01/07/1999 8,725 43
02/17/1994 7,110 37
02/I7/1994 4,475 45
02/17/1994 4,527 52
02/17/1994 4,856 329
02/17/1994 5,219 363
02/17/1994 5,616 397
02/17/1994 5,852 42
02/17/1994 5,736 120
02/17/1994 5,773 37
02/17/1994 5,810 37
02/17/1994 8,164 38
02/17/1994 6,235 383
02/17/1994 6,784 549
02/17/1994 8,535 53
02/17/1994 7,044 260
02/17/1994 7,073 29
02/17/1994 7,151 41
02/17/1994 7,233 82
02/17/1994 7,646 413
02/17/1994 8,045 399
UB-Account History List(Printed: 11/18/2010- 8:45:AM) Page: 8
Customer Number:012239 000 Reference Number: 7700090
Route-Sequence Serial 0077-0010-9719 Read Date Reading Consumption Meter Status Active
02/17/1994 8,126 81
02/17/1994 8,208 44
02/17/1994 8,259 51
02/17/1994 8,312 53
02/1711994 8,350 38
02/17/1994 8,398 48
02/17/1994 8,439 41
02/17/1994 8,482 43
02/17/1994 8,584 49
02/17/1994 8,637 53
02/17/1994 8,682 45
12/21/1993 4,430 66
10/19/1993 4,364 250
08/19/1993 4,114 782
06/18/1993 3,332 41
04/20/1993 3,291 27
02/18/1993 3,264 50
12/17/1992 3,214 71
10/23/1992 3,143 157
08118/1992 2,986 183
06/18/1992 2,803 330
04/21/1992 2,473 148
02/19/1992 2,325 40
12/19/1991 2,285 49
10/21/1991 2,236 378
08/20/1991 1,858 461
06/19/1991 1,397 217
04/18/1991 1,180 36
02/20/1991 1,144 15
12/18/1990 1,129 21
UB-Account history List(Printed: 11/18/2010- 8:45:AM)
Page: 9
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
BETWEEN DURHAM, KING CITY AND THE TIGARD WATER DISTRICT
AND THE CITY OF TIGARD
FOR WATER SUPPLY
7th Draft 8/27/2010
This Agreement is made and entered into under authority of Chapter 190, Oregon
Revised Statutes, by and between the cities of Durham and King City and the Tigard
Water District, an ORS Chapter 264 district ("District") and the City of Tigard ("Tigard"),
all Oregon municipal corporations ("the Parties"), in Washington County, Oregon. This
Agreement replaces those individual agreements entered between Tigard and each of
the other two cities and the District in or about 1993. This Agreement shall be effective
in its entirety upon execution by all of the Parties. Upon effectiveness of this
Agreement, those individual agreements entered between Tigard and each of the other
two cities and the District in or about 1993, and all subsequent amendments thereto
shall, by agreement of the Parties, be terminated and replaced by this Agreement.
RECITALS:
A. The three cities withdrew the areas included within their boundaries from the political
boundary of the District effective July 1, 1993. In consideration of their separate
contracts with Tigard for the operation and maintenance of a water supply to serve all
four Parties, Tigard granted to Durham, King City and the Tigard Water District (all
Parties other than Tigard being the "Served Parties") an equitable interest in those
assets (described as "System Assets" in those contracts) located within the combined
service area. Water supply, storage and distribution facilities ("System Assets", as
further defined herein)were not divided between the cities and the District as provided
for by ORS 222.540 and instead, all such assets wherever located were pledged to the
use of the City of Tigard for the operation and maintenance of a single water supply,
storage and distribution system to serve all four Parties. All Parties now desire to clarify
the method to determine the value of those assets and the Parties' equitable ownership
interest in same and to establish the methods for valuation of both real and personal
property.
B. The Parties intend that Tigard continue to provide and be the Managing Authority of a
water supply system serving all Parties for the duration of this Agreement including use
of assets and facilities not within the combined service area that are owned by Tigard
and other entities that are not parties to this Agreement. All Parties agree that Tigard is
empowered to use any right of condemnation possessed by any of the Parties that is
necessary to provide water consistent with the terms of this agreement, and will take
any action necessary for Tigard to exercise that right upon the request of Tigard.
C. The combined area as shown on Exhibit 1 constitutes the Tigard Water Service Area.
The Parties desire to clarify the role of the Intergovernmental Water Board ("IWB") as to
those matters where its actions are advisory to Tigard.
Tigard Water Supply Agreement Page 1
In consideration of those premises as generally recited the Parties now AGREE:
1. Purpose and Scope.
1A. Tigard shall continue to furnish and maintain a domestic water supply, storage and
distribution system serving all Parties to this Agreement. All Parties pledge to the City
of Tigard, the use and benefit of all assets of that system, wherever located whether
inside or outside the Parties combined service area, as they now exist and hereafter are
constructed or accrue, for the duration of this Agreement as to each Party served. Each
Party's equitable interest in any and all System Assets located within the combined
service area shall be deemed held as an undivided common interest until the Party
terminates this Agreement or until the Agreement is dissolved.
1 B. All other Parties delegate to Tigard the authority to enact water system rates and
charges, including systems development or connection charges, with the advice of the
IWB and as limited by state law, in such amounts as are necessary to maintain the
system for the benefit of all Parties. Any and all such rates and charges shall be applied
evenly to all customers in similar rate classes throughout the area now served by the
system and each Party agrees to enforce those rates and charges without exception
within that Party's political boundary. No Party may sell water provided under this
Agreement to a third party without the prior written consent of Tigard.
1 C. Tigard shall enter into all contracts necessary or desirable to operate the system in
its own name. Tigard shall issue and make provisions for repayment of any and all
municipal revenue bonds or similar instruments issued to finance capital improvements
to the system and may pledge any and all system revenues for repayment of such
bonds or instruments. Tigard shall prepare and issue all statements and filings
necessary to issue such bonds and shall make all continuing disclosures regarding the
bonds or instruments as may be required by state and federal law or bond purchase
agreements. A served Party may not issue or contract for any debt that is to be secured
by any assets that are necessary to operate or maintain the water supply system.
1 D. A served Party shall consider any request by Tigard to exercise powers of eminent
domain if needed to acquire property within that Party's political boundary for use for the
water supply system. A Party shall not unreasonably withhold its consent to such a
request. A Party may condition its exercise of such authority on Tigard's agreement to
pay all attorney fees and costs incurred in any such proceedings.
1 F. Tigard may incur, without the consent of any other Parties, debt relating to the water
supply system, provided payment of the debt is fee, rate or charge based. If the debt is
to be paid for by means other than fees, rates or charges, Tigard must have approval
and consent of the governing bodies of all minus one of the Parties. Each Party shall
be liable for its proportionate share of any debt which has been incurred under this
section.
Tigard Water Supply Agreement Page 2
< i
2. Term of Agreement.
2A. The term of this Agreement shall be perpetual. Any served Party may terminate this
agreement as between that Party and all other Parties by delivering written notice to the
other Parties not less than 5 years prior so as to allow the Parties to reconfigure the
supply, storage and distribution system serving the remaining Parties after any division
of assets that may result from such termination.
2B. Tigard may terminate this Agreement as to any served Party only for cause and
only after Tigard has served written notice to that Party of that Party's default as to a
material term of this Agreement and has allowed that Party not less than 30 days to
cure that default. On a Party's continued default Tigard may serve written notice of
termination to that Party not less than 5 years prior so as to allow that Party to arrange
for a replacement water source and supply system with Tigard or with another supplier.
2C. Tigard agrees to negotiate in good faith a wholesale water supply contract with a
terminating Party on that Party's request. Tigard and the terminating Party may mutually
agree to a different date of termination.
3. Intergovernmental Water Board.
A. The Intergovernmental Water Board (IWB) is continued. The IWB shall consist of five
members, with one member to be appointed by each of the four Parties to serve at the
pleasure of the appointing Party and a fifth "at large" member who resides in the service
area as shown in Exhibit 1 to this Agreement to be appointed by a majority vote of the
other members and who shall represent the interest of the general public. The IWB shall
decide the process by which it seeks candidates for and appoints the member at large.
A member representing a Party shall hold a current elective office for that Party and
shall be deemed to act on behalf of the governing body of that Party when voting on any
issue before the IWB. The extent to which that Party's member's vote at the IWB is
binding on the Party that the member represents shall be determined by each Party.
Each Party may appoint an alternate IWB member who may take the place of the
regular member who is absent at any IWB meeting. An alternate member shall have the
same qualifications as the regular member.
A person appointed to fill a vacancy shall serve the term of the position that was
vacated. The IWB by majority vote may declare a position to be vacant for that
member's unexcused absence for more than 3 consecutive IWB meetings and shall
notify the Party of any such declared vacancy. A Party so notified shall promptly appoint
a replacement to fill the term of that vacancy. The Party members shall appoint a
member at large for the remainder of the existing term of that position if and when that
position becomes or is declared to be vacant.
4. Term of IWB Membership.
An IWB member shall continue to occupy the same position on the IWB from and after
the adoption of this Agreement for the duration of that member's term. Each IWB
Tigard Water Supply Agreement Page 3
t .
position including the Member at Large shall have a term of two years that begins on
January 1 and expires on December 31 of the second year of each term. There is no
limit on the number of terms that any person may serve in any position. Notwithstanding
that the term of a position has expired, the Member occupying that position may
continue to serve on the Board until a successor is appointed.
5. Conduct of IWB Meetings.
5A. The IWB shall schedule regular meetings and shall conduct all meetings according
to Oregon public meetings law and any rule of conduct approved by the Tigard City
Council. At its first meeting in every calendar year the IWB shall elect a chairperson for
the ensuing calendar year and may elect other officers, all of whom shall have such
powers and duties as assigned by the IWB. The Chair shall set the agenda for each
meeting. A quorum of the IWB shall be three (3) members and no vote shall be taken on
any matter requiring a vote without a quorum. All matters requiring a vote shall be
enacted by affirmative vote of at least three (3) members present and voting except
where this Agreement provides a different voting requirement.
5B. Tigard shall budget for and provide a sufficient number of employees to provide
staff support to the IWB during and between meetings. Tigard employees shall serve at
the pleasure of Tigard and shall have no voting privileges. Tigard shall provide
adequate facilities and equipment for use for all IWB meetings.
6. Jurisdiction of IWB.
6A. The IWB shall hear and by a majority vote of those members present and voting
may advise the Tigard City Council on the following issues:
1) Uniform rate structures to be charged to all water system customers throughout the
system, including connection charges, with different rates to be allowed only for
different classes of use (e.g., residential, commercial, industrial, irrigation, high elevation
surcharge) and all rates and charges (e.g., block rates, consumption rates, lifeline rates)
are to be limited to the costs of service;
2) Operation and maintenance issues referred to the IWB by Tigard or that a majority of
the IWB raise on the IWB's own motion:
3) The proposed annual budget for the Parties' water supply system;
4) Policies and rules for curtailing water consumption in the same manner throughout
the service area in cases of emergency:
5) Capital improvements not listed or scheduled in a capital improvements plan that is
adopted as part of Tigard's annual budget for the system;
6) Tigard's proposed issuance of municipal revenue bonds or similar instruments to be
used to finance water system capital improvements or to refinance existing water
system revenue bonds;
7) Any and all rules and regulations issued by Tigard as to the use of the water system.
8) A proposal by Tigard to provide water service to any area or to any public or private
reseller of the water that is located outside the Parties' combined service area as shown
Tigard Water Supply Agreement Page 4
on Exhibit 1 to this Agreement, or a proposal by Tigard to serve by wholesale contract a
once-served Party who has terminated this Agreement;
9) A proposal by Tigard to enter a contract or partnership with a water source other than
a mutual aid or similar emergency supply agreement;
10) The valuation of a served Party's ownership share(s) of System Assets when
recalculated from time to time and when calculated at the time of a Party's termination
of this Agreement, as further provided in this Agreement;
11) The sale or purchase of any real property used or proposed for use in the water
system, and the terms of any such sale or purchase;
12) The assignment, sale or other conveyance or transfer of any Party's rights or
liabilities under this Agreement to any person or entity other than another Party.
613. In all cases, action taken by the IWB shall be advisory to the City of Tigard. The
City shall address and consider the Board's recommendation when taking action or a
position on the matter.
7. Ownership and Valuation of Assets.
7A. Each of the Parties owns an equitable, undivided common share (as calculated per
Section 7B of this Agreement) of all System Assets used in the system wherever
located. The City of Tigard is authorized to pledge the Parties' equitable shares of
ownership of any and all such System Assets, to the repayment of any revenue bonds,
whereby such interest of the Parties shall be subordinated to the interest of the bond
holder(s) as to any and all revenue bonds sold by Tigard to finance capital
improvements to the Parties' water supply system the extent required by the debt
instrument(s).
713. A Party's equitable share of a system asset, whether real or personal property, shall
be calculated using cumulative meter equivalency values, as defined by the American
Water Works association Manual M1, and as shown in Table 7.1. Tigard shall
recalculate those shares every two years in the course of Tigard's annual audit and
consolidated financial reporting process and will recalculate the Parties' shares on any
Party's termination or on dissolution of this Agreement. The Parties' shared interests in
any system asset that is real property and that Tigard uses in part for purposes other
than operation of the water system shall be shown by lease agreements between the
Parties and Tigard and recorded in county deed records.
7C. All System Assets and Other Assets shall be pledged by the Parties to the City of
Tigard. All System Assets and Other Assets shall be managed by Tigard and shall be
utilized by Tigard in order to provide water services to properties, residences and
businesses in the service area.
7D. The value of a system asset shall be calculated by one method for assets that are
personal property and another method for real property. An asset that is personal
property shall have that asset's depreciated value over its useful life using straight line
Tigard Water Supply Agreement Page 5
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depreciation as are set out in the "Tigard Water District System Assets and Liabilities
Final Report" of November 1994 , Section II, attached hereto as Exhibit 2. The
depreciated value shall be based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line method of depreciation.
An asset that is real property shall be valued by an independent appraisal at such time
as the property or a portion of same is assigned, sold or otherwise conveyed and at the
time of any Party's termination or the dissolution of this Agreement. A list of all System
Assets, as of July 1, 2010, is attached hereto as Exhibit 2. Assets not listed in Exhibit 2,
or subsequent exhibit amending Exhibit 2, are System Assets if the asset falls within the
meaning of the term "system asset" as defined at Section 15.5 of this Agreement.
7E. The proceeds of any sale or other conveyance of any portion or all of a system
asset that is real property shall be considered a system asset and deposited into the
"Water CIP Fund" or similar other segregated account for use for capital improvements
7F. Tigard shall maintain all assets according to industry standards and shall consider
the disposition of any asset that is or becomes surplus to the needs of the water supply
system. Tigard shall adequately insure all System Assets against all risks of loss and
charge such costs to the Water system. Tigard on any served Party's request, given
with adequate notice shall calculate the value of that Party's ownership share of a
system asset for that Party's use in its annual budget as may be required by General
Accounting Standards Board rules.
7G. For the duration of this Agreement, the cities of King City and Durham and the
Tigard Water District, shall be entitled an annual surcharge which shall be calculated as
set forth for the year 2010 in Table 7.1 of this Agreement. Tigard shall dispense that
amount to a served Party at least once annually.
Tigard Water Supply Agreement Page 6
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Table 7.1
�urrei t Meters AW TWSA 2iK19 Prop0'sed '
leo in Meter As der i=st.20p
Jurisdiction 2-009, v.t ., . '600, 2mE iv. wnerslai M.E. Ad ustn�e�at, urcfiaa e
Durham $190,856.52 $1,908.57 354 504 2.02% $3.79 $6.00 $3,024.00
Fire Hydrant $4,524.45 N/A N/A N/A N/A N/A N/A N/A
King Cit $411,886.61 $4,118.87 1313 1541 6.17% $2.67 $6.00 $9,246.00
Metzger $465.07 N/A N/A N/A N/A N/A N/A N/A
Tigard $5,739,880.45 N/A 12410 17533 70.25% $ - N/A N/A
Tigard Water $1,703,524.79 $17,035.25 3742 5379 21.55% $3.17 $6.00 $32,274.00
$8,051,137.89 17819 24957 100.00% $44,544.00
8. Division of Assets on Termination or Dissolution.
8A. Upon termination of this Agreement, a Party shall have rights to the use of all
System Assets equal to its equitable share, as calculated in section 713. Tigard shall be
compensated for any use of its water system necessary for the continued reasonable
use of a system asset by a terminating Party. If a system asset is not essential to the
operation of a terminating Party's water system, Tigard may terminate such jurisdiction's
right in the system asset capital improvement by payment of a sum equal to the
terminating Party's equitable share in the depreciated value of the asset. Alternatively,
the Parties may negotiate a wholesale water supply agreement between the terminating
Party and the remaining Parties. A Served Party that terminates this Agreement shall
not thereby be relieved from liabilities and indebtedness previously contracted by Tigard
for the benefit of the water supply system and shall assume its share of that liability and
debt.
813. If this Agreement is terminated by any Party and the terminating Party has
remaining indebtedness incurred under Section 1 B, the terminating Party shall either:
1. Pay in full, within 60 days of the effective date of termination, its
proportionate share of the indebtedness; or
2. Pay annually its proportionate share for the indebtedness as payment is
due.
Tigard Water Supply Agreement Page 7
8C. Revenue generated by the operation of the supply system shall not be subject to
distribution or accounting on a served Party's termination and shall not be subject to an
equitable or other claim by that Party.
81). A terminating Party may offer to convey its ownership share of System Assets to
Tigard and may waive its rights to a division of assets as provided in this Agreement in
consideration of a wholesale contract for water supply between the terminating Party
and Tigard. Any such contract is subject to IWB review. If the asset is not essential to
the operation of such jurisdictions' water system, Tigard may terminate such
jurisdiction's rights in the system asset capital improvement by payment of a sum equal
to the jurisdiction's proportionate Interest in the depreciated value of such system asset.
8E. Tigard shall have the first right of refusal to purchase a served Party's share of a
system asset on that Party's termination of this Agreement or on the Parties' decision to
sell all or a portion of a system asset, on the same terms and conditions as offered to
any other person or entity. The offer to purchase and Tigard's exercise of its rights as to
that offer shall be on the same terms as in that certain Tenancy in Common agreement
between the served Parties and Tigard for the property commonly known as 8777
Burnham Street, Tigard, Washington County, Oregon entered in or about June 2007,
attached hereto as Exhibit 3.
9. Accounting and Records.
9A. Tigard shall account for the operation and maintenance of the water system as an
enterprise fund using generally accepted accounting principles applicable to utility
enterprises for the recording and identifying of all revenues and expenditures. .
9B. Tigard shall respond in the normal course of business to all requests for public
records by persons who are not Parties and shall defend the other Parties and hold
them harmless from any and all claims or legal actions made or filed by the person
making the records request. Tigard shall make all financial records available to any
Party for inspection and copying on reasonable advance notice and during Tigard's
ordinary business hours.
9C. Tigard shall present the proposed annual budget for the water system to the IWB
for its consideration and recommendation(s) prior to Tigard's adoption of that budget.
Tigard shall provide a copy of each year-end financial audit of its accounts to any Party
upon that Party's request.
10. Boundary Changes, Mergers, Consolidations and Annexation of Territory
The Parties' combined service area as it exists on the effective date of this agreement is
shown with relation to the Parties' political boundaries on Exhibit 1 to this Agreement,
attached and incorporated by this reference. Boundary changes, mergers,
consolidations and annexation of territory shall occur consistent with state law, Metro
Tigard Water Supply Agreement Page 8
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Code and the adopted Urban Service Area agreements between the Cities and
Washington County. Parties have the rights granted pursuant to Metro Code and State
law to participate in these proceedings. All Parties may enter an urban services
provider agreement with Tigard for water supply as provided by state law.
Tigard reserves the right to determine if water service will be provided in all expansions
affecting the Parties of this agreement.
11. Amendment. No amendment to this Agreement and no substitution of any exhibit to
this Agreement shall be effective unless in writing signed and dated by all Parties.
12. Severability. If any portion of this Agreement is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, all remaining portions of this
Agreement shall remain in effect until this Agreement is terminated or expired. After
any declaration of invalidity or unconstitutionality of a portion of this Franchise, any
Party may demand that one or more other Parties meet to discuss amending the terms
of this Agreement to conform to the original intent of the Parties. If the Parties are
unable to agree on a revised agreement within ninety (90) days after such a court
decision is final and binding, any Party whose rights and obligations are affected by the
decision shall have cause to terminate this Agreement by delivering one hundred and
eighty (180) days notice to the other Party.
13. Property Conveyances. All parties agree in good faith to execute any and all real
property conveyances deemed necessary or desirable to show each Party's share of
ownership of such property as provided for in this Agreement.
14. Execution and Effective Date. This Agreement may be executed in several
counterparts, all of which when taken together shall constitute one agreement binding
on all Parties who have signed, notwithstanding that all Parties are not signatories to the
same counterpart. Each copy of this Agreement so executed shall constitute a duplicate
original.
15. Definitions. As used in this Agreement, the below terms are defined as follow.
15.1. "Assets" include real, personal and intangible property. Assets are divided into
two different groups, "System Assets" and "Other Assets."
15.2. "Intangible Property" includes but is not limited to: moneys, checks, drafts,
deposits, interest, dividends and income
15.3. "Managing Authority" means that Tigard will provide water to properties and
customers in the current jurisdictions of the Parties equally. If circumstances require
water restrictions, each jurisdiction shall share equally. Tigard will provide equally and
in a manner consistent with the terms of this Agreement all services required for
Tigard Water Supply Agreement Page 9
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delivery of potable domestic water to properties and customers in the current
jurisdictions of the Parties, including but not limited to system repair and maintenance,
water distribution, new installations, system upgrades and billing functions.
15.4. "Other Assets" are Assets not necessary for the operation of the City of Tigard's
water supply system. Other Assets shall remain the property of the jurisdiction in which
the asset is located. Water mains, service installations, structures, facilities,
improvements or other property not necessary for the operation of the City of Tigard's
water supply system are Other Assets.
15.5. "System Assets" are Assets necessary for the operation of the City of Tigard's
water supply system. As used herein, the term System Assets does not include any
assets constructed, under construction, or to be constructed by the City of Tigard
pursuant to the certain Water Agreement between the cities of Tigard and Lake
Oswego, entered into on August 6, 2008. Other Assets shall become the property of
the jurisdiction in which the asset is located.
The term "System Assets" as used in this Agreement includes, but is not limited to:
i) all interests in real property, all improvements on that property and all other
personal property and facilities wherever located that is used by any Party for the
supply, treatment, storage, transmission or distribution of potable water to that Party or
to any other person or entity; and,
ii) all revenue generated from the sale of any portion of the Parties' domestic
water supply to any person wherever located, including connection and systems
development charges; and,
iii) all rights to the use of surface-, in stream- or groundwater held by- or for the
beneficial use of any Party to this Agreement, notwithstanding that the formal
certification or other evidence of that right may name fewer than all Parties to this
Agreement as the holder or owner of that right;
iv) all contracts held by Tigard or any other party with any entity not a party to this
Agreement for a supply of water for the Parties' joint use.
Tigard Water Supply Agreement Page 10
Agenda Item No.:kow-
L IWB Meeting Date:
, City of Durham Website: www.durham-oregon.us
17160 SW Upper Boones Ferry Rd. e-mail: cityofdurham@comcast.net
` a Durham, OR 97224 503.639.6851 Fax 503 598 8595
Roland Signett-City Administrator/Recorder 0 Linda Tate-Administrative Assistant
Mr. Dick Winn, Chairman RECEIVED
Tigard Intergovernmental Water Board OR 2 0 2010
13125 SW Hall Blvd.
Tigard OR 97223 Public Works Admin.
RE: IWB Intergovernmental Agreement
Dear Chairman Winn,
The Durham City Council at its December meeting reviewed the City of Tigard's redraft
("COT draft") of this proposed intergovernmental agreement and compared it with the draft
that was discussed at the IWB's April 2010 meeting ("April draft"). Durham has the
following comments and questions as to the COT draft, as follows:
1. Recital B delegates each other party's condemnation power to Tigard for its use on
request. Oregon law requires a local government to initiate condemnation with a legislative
finding that the property owner can challenge in court. The April draft recognized that none
of the other parties can delegate their legislative power to Tigard, and we prefer to have that
wording reinstated.
2. Section 1 B prohibits any other party from selling treated water to a non-party without the
City of Tigard's consent. Durham sees itself as a part owner of this system and prefers that
this limitation apply to ALL parties, including Tigard - no sale to non-parties without the other
parties consent. This could be a subject to be decided by all parties except one, as
opposed to unanimous consent.
3. Section 1C deletes a provision of the April draft that excluded the water sales revenue
rebate to the (other) parties each year from the revenues pledged for repayment of bonded
debt. The COT version provides for a "surcharge" to be paid annually to the other parties.
Use of that word causes us to question whether Tigard's intent is to add a surcharge on
Durham's (and others') customers water bills and then pay that amount over to Durham and
others at years' end. Durham prefers the current practice whereby the rebate is not listed
separately on customer bills.
4. Section 1 F gives the City of Tigard exclusive authority to issue revenue bonds to be
repaid by "fees, rates and charges." Repayment by other means requires a supermajority
vote of the IWB parties. Durham prefers that any and all revenue bonds to be repaid by
fees, rates and charges imposed on Durham's customers require a supermajority approval
of all owners, not just Tigard. Among other things, Durham believes it should have a vote on
the question of whether to issue revenue bonds to finance an expansion of the system to
serve areas not presently within the system boundaries.
5. Section 2 requires 5 years' notice of termination to Tigard, a provision carried over from
the existing IGA. Durham suggests that a shorter advance notice, say, 2 years, should be
adequate for the remaining parties to plan and budget for any changes that would result.
6. Section 7F of the COT draft deletes a provision of the April draft requiring an IWB vote on
disposing of surplus assets and leaves that to Tigard's discretion. Durham prefers at least a
supermajority vote of the Board to approve such an action. The COT draft then deletes
what had been Section 7G of the April draft: it allowed all parties the use of IWB meeting
space for other meetings. Durham asks for at least one public meeting per party per year in
that space.
7. Section 8D makes any contract for a wholesale water supply between a terminating party
and Tigard "subject to IWB review." Durham prefers IWB approval by a supermajority. This
section also requires a terminating party to repay its proportional share of any indebtedness
incurred by Tigard relating to the system. That supports Durham's assertion (see below)
that any assets constructed with revenue from bonds that Durham (and others) are liable to
repay, must be included in the definition of"system assets."
8. Section 10 allows Tigard alone to determine whether to provide water to any new service
area annexed to any of the parties' boundaries. Durham believes that any expansion of the
system to provide water to new areas should be subject to a supermajority vote, given that
any such expansion will likely require debt financing for new improvements.
9. Neither this version nor the April draft prevented any party from assigning its rights in the
agreement or in the water supply system to any non-party (as opposed to sales of water to
non-parties. We believe this is an oversight that should be corrected.
10. The last subject is the definition of system assets: Durham sees itself as a co-owner of
the system and thus does not agree that any improvements to be built outside of the current
service area - including, but not limited to, the Tigard-Lake Oswego planned capital
improvements - should be exempt from the definition of (commonly owned) system assets.
All of the parties' ratepayers will pay for those improvements in the form of a debt service
component to the water rates, and any terminating party will be obligated to repay its portion
of that indebtedness on termination. The IGA could provide that shared ownership of thise
assets is subordinate to the Tigard-Lake O IGA and to any bond covenant that pledges the
use of these assets to generate debt repayment.
I would be pleased to discuss these comments at the next IWB meeting. Please advise if
the IGA will be on the agenda for the January 2011 or another meeting. Thank you.
Sincerely,
Bill Scheiderich
Durham City Attorney
rrvwl
I (t S (10 Agenda Item No.: '
IWB Meeting Date: /-/2.-/ /
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
BETWEEN DURHAM, KING CITY AND THE TIGARD WATER DISTRICT
AND THE CITY OF TIGARD � /
FOR WATER SUPPLY � � ww�+ i vl$fo
7th Draft 812712010
This Agreement is made and entered into under authority of Chapter 190, Oregon
Revised Statutes, by and between the cities of Durham and King City and the Tigard
Water District, an ORS Chapter 264 district ("District") and the City of Tigard ("Tigard"),
all Oregon municipal corporations ("the Parties"), in Washington County, Oregon. This
Agreement replaces those individual agreements entered between Tigard and each of
the other two cities and the District in or about 1993. This Agreement shall be effective
in its entirety upon execution by all of the Parties. Upon effectiveness of this
Agreement, those individual agreements entered between Tigard and each of the other
two cities and the District in or about 1993, and all subsequent amendments thereto
shall, by agreement of the Parties, be terminated and replaced by this Agreement.
RECITALS:
A. The three cities withdrew the areas included within their boundaries from the political
boundary of the District effective July 1, 1993. In consideration of their separate
contracts with Tigard for the operation and maintenance of a water supply to serve all
four Parties, Tigard granted to Durham, King City and the Tigard Water District (all
Parties other than Tigard being the "Served Parties") an equitable interest in those
assets (described as "System Assets" in those contracts) located within the combined
service area. Water supply, storage and distribution facilities ("System Assets", as
further defined herein) were not divided between the cities and the District as provided
for by ORS 222.540 and instead, all such assets wherever located were pledged to the
use of the City of Tigard for the operation and maintenance of a single water supply,
storage and distribution system to serve all four Parties. All Parties now desire to clarify
the method to determine the value of those assets and the Parties' equitable ownership
interest in same and to establish the methods for valuation of both real and personal
property.
B. The Parties intend that Tigard continue to provide and be the Managing Authority of a
water supply system serving all Parties for the duration of this Agreement including use
of assets and facilities not within the combined service area that are owned by Tigard
and other entities that are not parties to this Agreement. All Parties agree that Tigard is
empowered to use any right of condemnation possessed by any of the Parties that is
necessary to provide water consistent with the terms of this agreement, and will take
any action necessary for Tigard to exercise that right upon the request of Tigard.
C. The combined area as shown on Exhibit 1 constitutes the Tigard Water Service Area.
The Parties desire to clarify the role of the Intergovernmental Water Board ("IWB") as to
those matters where its actions are advisory to Tigard.
RECEIVED Tigard Water Supply Agreement Page 1
NOV 15 1010
Public Works Admin.
In consideration of those premises as generally recited the Parties now AGREE:
1. Purpose and Scope.
1A. Tigard shall continue to furnish and maintain a domestic water supply, storage and
distribution system serving all Parties to this Agreement. All Parties pledge to the City
of Tigard, the use and benefit of all assets of that system, wherever located whether
inside or outside the Parties combined service area, as they now exist and hereafter are
constructed or accrue, for the duration of this Agreement as to each Party served. Each
Party's equitable interest in any and all System Assets located within the combined
service area shall be deemed held as an undivided common interest until the Party
terminates this Agreement or until the Agreement is dissolved.
1 B. All other Parties delegate to Tigard the authority to enact water system rates and
charges, including systems development or connection charges, with the advice of the
IWB and as limited by state law, in such amounts as are necessary to maintain the
system for the benefit of all Parties. Any and all such rates and charges shall be applied
evenly to all customers in similar rate classes throughout the area now served by the
system and each Party agrees to enforce those rates and charges without exception
within that Party's political boundary. No Party may sell water provided under this
Agreement to a third party without the prior written consent of Tigard.
1C. Tigard shall enter into all contracts necessary or desirable to operate the system in
its own name. Tigard shall issue and make provisions for repayment of any and all
municipal revenue bonds or similar instruments issued to finance capital improvements
to the system and may pledge any and all system revenues for repayment of such
bonds or instruments. Tigard shall prepare and issue all statements and filings
necessary to issue such bonds and shall make all continuing disclosures regarding the
bonds or instruments as may be required by state and federal law or bond purchase
agreements. A served Party may not issue or contract for any debt that is to be secured
by any assets that are necessary to operate or maintain the water supply system.
1 D. A served Party shall consider any request by Tigard to exercise powers of eminent
domain if needed to acquire property within that Party's political boundary for use for the
water supply system. A Party shall not unreasonably withhold its consent to such a
request. A Party may condition its exercise of such authority on Tigard's agreement to
pay all attorney fees and costs incurred in any such proceedings.
a
1/: Tigard may incur, without the consent of any other Parties, debt relating to the water
supply system, provided payment of the debt is fee, rate or charge based. If the debt is
to be paid for by means other than fees, rates or charges, Tigard must have approval ..
and consent of the governing bodies of all minus one of the Parties. Each Party shall
be liable for its proportionate share of any debt which has been�incurred under this
section. apP,aPet,d aNd
Tigard Water Supply Agreement Page 2
2. Term of Agreement.
2A. The term of this Agreement shall be perpetual. Any served Party may terminate this
agreement as between that Party and all other Parties by delivering written notice to the
other Parties not less than 5 years prior so as to allow the Parties to reconfigure the
supply, storage and distribution system serving the remaining Parties after any division
of assets that may result from such termination.
2B. Tigard may terminate this Agreement as to any served Party only for cause and
only after Tigard has served written notice to that Party of that Party's default as to a
material term of this Agreement and has allowed that Party not less than 30 days to
cure that default. On a Party's continued default Tigard may serve written notice of
termination to that Party not less than 5 years prior so as to allow that Party to arrange
for a replacement water source and supply system with Tigard or with another supplier.
2C. Tigard agrees to negotiate in good faith a wholesale water supply contract with a
terminating Party on that Party's request. Tigard and the terminating Party may mutually
agree to a different date of termination.
3. Intergovernmental Water Board.
A. The Intergovernmental Water Board (IWB) is continued. The IWB shall consist of five
members, with one member to be appointed by each of the four Parties to serve at the
pleasure of the appointing Party and a fifth "at large" member who resides in the service
area as shown in Exhibit 1 to this Agreement to be appointed by a majority vote of the
other members and who shall represent the interest of the general public. The IWB shall
decide the process by which it seeks candidates for and appoints the member at large.
A member representing a Party shall hold a current elective office for that Party and
shall be deemed to act on behalf of the governing body of that Party when voting on any
issue before the IWB. The extent to which that Party's member's vote at the IWB is
binding on the Party that the member represents shall be determined by each Party.
Each Party may appoint an alternate IWB member who may take the place of the
regular member who is absent at any IWB meeting. An alternate member shall have the
same qualifications as the regular member.
A person appointed to fill a vacancy shall serve the term of the position that was
vacated. The IWB by majority vote may declare a position to be vacant for that
member's unexcused absence for more than 3 consecutive IWB meetings and shall
notify the Party of any such declared vacancy. A Party so notified shall promptly appoint
a replacement to fill the term of that vacancy. The Party members shall appoint a
member at large for the remainder of the existing term of that position if and when that
position becomes or is declared to be vacant.
4. Term of IWB Membership.
An IWB member shall continue to occupy the same position on the IWB from and after
the adoption of this Agreement for the duration of that member's term. Each IWB
Tigard Water Supply Agreement Page 3
position including the Member at Large shall have a term of two years that begins on
January 1 and expires on December 31 of the second year of each term. There is no
limit on the number of terms that any person may serve in any position. Notwithstanding
that the term of a position has expired, the Member occupying that position may
continue to serve on the Board until a successor is appointed.
5. Conduct of IWB Meetings.
5A. The IWB shall schedule regular meetings and shall conduct all meetings according
to Oregon public meetings law and any rule of conduct approved by the Tigard City
Council. At its first meeting in every calendar year the IWB shall elect a chairperson for e448P.1
the ensuing calendar year and may elect other officers, all of whom shall have such *jIV%vt�S
,l— powers and duties as assigned by the IWB. The Chair shallpet the ager or each
meeting. A quorum of the IWB shall be three (3) members ana no vote shall be taken on A K d
any matter requiring a vote without a quorum. All matters requiring a vote shall be it y�r✓C
enacted by affirmative vote of at least three (3) members present and voting except PI
where this Agreement provides a different voting requirement.
513. Tigard shall budget for and provide a sufficient number of employees to provide
staff support to the IWB during and between meetings. Tigard employees shall serve at
the pleasure of Tigard and shall have no voting privileges. Tigard shall provide
adequate facilities and equipment for use for all IWB meetings.
6. Jurisdiction of IWB.
6A. The IWB shall hear and by a majority vote of those members present and voting
may advise the Tigard City Council on the following issues:
1) Uniform rate structures to be charged to all water system customers throughout the
system, including connection charges, with different rates to be allowed only for
different classes of use (e.g., residential, commercial, industrial, irrigation, high elevation
surcharge) and all rates and charges (e.g., block rates, consumption rates, lifeline rates)
are to be limited to the costs of service;
2) Operation and maintenance issues referred to the IWB by Tigard or that a majority of
the IWB raise on the IWB's own motion:
3) The proposed annual budget for the Parties' water supply system;
4) Policies and rules for curtailing water consumption in the same manner throughout
the service area in cases of emergency:
5) Capital improvements not listed or scheduled in a capital improvements plan that is
adopted as part of Tigard's annual budget for the system;
6) Tigard's proposed issuance of municipal revenue bonds or similar instruments to be
used to finance water system capital improvements or to refinance existing water
system revenue bonds;
7) Any and all rules and regulations issued by Tigard as to the use of the water system.
8) A proposal by Tigard to provide water service to any area or to any public or private
reseller of the water that is located outside the Parties' combined service area as shown
Tigard Water Supply Agreement Page 4
on Exhibit 1 to this Agreement, or a proposal by Tigard to serve by wholesale contract a
once-served Party who has terminated this Agreement;
9) A proposal by Tigard to enter a contract or partnership with a water source other than
a mutual aid or similar emergency supply agreement;
10) The valuation of a served Party's ownership share(s) of System Assets when
recalculated from time to time and when calculated at the time of a Party's termination
of this Agreement, as further provided in this Agreement;
11) The sale or purchase of any real property used or proposed for use in the water
system, and the terms of any such sale or purchase;
12) The assignment, sale or other conveyance or transfer of any Party's rights or
liabilities under this Agreement to any person or entity other than another Party.
613. In all cases, action taken by the IWB shall be advisory to the City of Tigard. The
City shall address and consider the Board's recommendation when taking action or a
position on the matter.
7. Ownership and Valuation of Assets.
7A. Each of the Parties owns an equitable, undivided common share (as calculated per
Section 7B of this Agreement) of all System Assets used in the system wherever
located. The City of Tigard is authorized to pledge the Parties' equitable shares of
ownership of any and all such System Assets, to the repayment of any revenue bonds,
whereby such interest of the Parties shall be subordinated to the interest of the bond
holder(s) as to any and all revenue bonds sold by Tigard to finance capital
improvements to the Parties' water supply system the extent required by the debt
instrument(s). �! 0,.Sya ''
713. A Party's equitable share of a4stemAsset, whether real or personal property, shall
be calculated using cumulative meter equivalency values, as defined by the American
--- Water Works association Manual M1, and as shown in Table 7.1. Tigard shall =---
recalculate those shares every two years in the course of Tigard's annual audit and
consolidated financial reporting process and will recalculate the Parties' shares on any
Party's termination or on dissolution of this Agreement. The Parties' shared interests in
any JystemAsset that is real property and that Tigard uses in part for purposes other
than operation of the water system shall be shown by lease agreements between the
Parties and Tigard and recorded in county deed records.
7C. All System Assets and Other Assets shall be pledged by the Parties to the City of
Tigard. All System Assets and Other Assets shall be managed by Tigard and shall be
utilized by Tigard in order to provide water services to properties, residences and
businesses in the service area.
7D. The value of a system asset shall be calculated by one method for assets that are
personal property and another method for real property. An asset that is personal
property shall have that asset's depreciated value over its useful life using straight line
Tigard Water Supply Agreement Page 5
depreciation as are set out in the "Tigard Water District System Assets and Liabilities
Final Report" of November 1994 , Section II, attached hereto as Exhibit 2. The
depreciated value shall be based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line method of depreciation.
An asset that is real property shall be valued by an independent appraisal at such time
as the property or a portion of same is assigned, sold or otherwise conveyed and at the
time of any Party's termination or the dissolution of this Agreement. A list of all System
Assets, as of July 1, 2010, is attached hereto as Exhibit 2. Assets not listed in Exhibit 2,
or subsequent exhibit amending Exhibit 2, are System Assets if the asset falls within the
meaning of the term "system asset" as defined at Section 15.5 of this Agreement.
7E. The proceeds of any sale or other conveyance of any portion or all of a 6ystem
Asset that is real property shall be considered a �ystemAsset and deposited into the
"Water CIP Fund" or similar other segregated account for use for capital improvements
7F. Tigard shall maintain all assets according to industry standards and shall consider
the disposition of any asset that is or becomes surplus to the needs of the water supply
1 sys em Tigard shall adequately insure all System Assets against all risks of loss and
S� charge such costs to the Water system. Tigard on any served Party's request, given
with adequate notice shall calculate the value of that Party's ownership share of a
.ystem*set for that Party's use in its annual budget as may be required by General
Accounting Standards Board rules.
7G. For the duration of this Agreement, the cities of King City and Durham and the
Tigard Water District, shall be entitled an annual surcharge which shall be calculated as
set forth for the year 2010 in Table 7.1 of this Agreement. Tigard shall dispense that
amount to a served Party atkast once annually.
Tigard Water Supply Agreement Page 6
Table 7.1
Current Meters AWWA TWSA 2009 Proposed
1% in Meter Asset $per 2010 Est. 2010
Jurisdiction 2009 Rev calc 2009' E iv. Ownershi M. E. Ad'ustment _.Surcharge
Durham $190,856.52 $1,908.57 354 504 2.02% $3.79 $6.00 $3,024.00
Fire Hydrant $4,524.45 N/A N/A N/A N/A N/A N/A N/A
KingCity $411,886.61 $4,118.87 1313 1541 6.17% $2.67 $6.00 $9,246.00
Metzger $465.07 N/A N/A N/A N/A N/A N/A N/A
Tigard $5,739,880.45 N/A 12410 17533 70.25% $- N/A N/A
Tigard Water $1,703,524.79 $17,035.25 3742 1 5379 1 21.55% 1 $3.17 1--- $6.00 $32,274.00
$8,051,137.89 17819 24957 100.00% $44,544.00
8. Division of Assets on Termination or Dissolution.
8A. Upon termination of this Agreement, a Party shall have rights to the use of all
System Assets equal to its equitable share, as calculated in section 7B. Tigard shall be
compensated for any use of its water system necessary for the continued reasonable
use of a system asset by a terminating Party. If a system asset is not essential to the
operation of a terminating Party's water system, Tigard may terminate such jurisdiction's
right in the system asset capital improvement by payment of a sum equal to the
terminating Party's equitable share in the depreciated value of the asset. Alternatively,
the Parties may negotiate a wholesale water supply agreement between the terminating
Party and the remaining Parties. A Served Party that terminates this Agreement shall
not thereby be relieved from liabilities and indebtedness previously contracted by Tigard
for the benefit of the water supply system and shall assume its share of that liability and
debt.
8B. If this Agreement is terminated by any Party and the terminating Party has
remaining indebtedness incurred under Section 1 B, the terminating Party shall either:
1. Pay in full, within 60 days of the effective date of termination, its
proportionate share of the indebtedness; or
2. Pay annually its proportionate share for the indebtedness as payment is
due.
Tigard Water Supply Agreement Page 7
8C. Revenue generated by the operation of the supply system shall not be subject to
distribution or accounting on a served Party's termination and shall not be subject to an
equitable or other claim by that Party.
8D. A terminating Party may offer to convey its ownership share of System Assets to
Tigard and may waive its rights to a division of assets as provided in this Agreement in
consideration of a wholesale contract for water supply between the terminating Party
and Tigard. Any such contract is subject to IWB review. If the asset is not essential to
the operation of such jurisdictions' water system, Tigard may terminate such
jurisdiction's rights in the system asset capital improvement by payment of a sum equal
to the jurisdiction's proportionate Interest in the depreciated value of such system asset.
8E. Tigard shall have the first right of refusal to purchase a served Party's share of a
,ystemAsset on that Party's termination of this Agreement or on the Parties' decision to
sell all or a portion of a,6ysternAsset, on the same terms and conditions as offered to
any other person or entity. The offer to purchase and Tigard's exercise of its rights as to
that offer shall be on the same terms as in that certain Tenancy in Common agreement
between the served Parties and Tigard for the property commonly known as 8777
Burnham Street, Tigard, Washington County, Oregon entered in or about June 2007,
attached hereto as Exhibit 3.
9. Accounting and Records.
9A. Tigard shall account for the operation and maintenance of the water system as an
enterprise fund using generally accepted accounting principles applicable to utility
enterprises for the recording and identifying of all revenues and expenditures. .
9B. Tigard shall respond in the normal course of business to all requests for public
records by persons who are not Parties and shall defend the other Parties and hold
them harmless from any and all claims or legal actions made or filed by the person
making the records request. Tigard shall make all financial records available to any
Party for inspection and copying on reasonable advance notice and during Tigard's
ordinary business hours.
9C. Tigard shall present the proposed annual budget for the water system to the IWB
for its consideration and recommendation(s) prior to Tigard's adoption of that budget.
Tigard shall provide a copy of each year-end financial audit of its accounts to any Party
upon that Party's request.
10. Boundary Changes, Mergers, Consolidations and Annexation of Territory
The Parties' combined service area as it exists on the effective date of this agreement is
shown with relation to the Parties' political boundaries on Exhibit 1 to this Agreement,
attached and incorporated by this reference. Boundary changes, mergers,
consolidations and annexation of territory shall occur consistent with state law, Metro
Tigard Water Supply Agreement Page 8
Code and the adopted Urban Service Area agreements between the Cities and
Washington County. Parties have the rights granted pursuant to Metro Code and State
law to participate in these proceedings. All Parties may enter an urban services
provider agreement with Tigard for water supply as provided by state law.
Tigard reserves the right to determine if water service will be provided in all expansions
affecting the Parties of this agreement.
11. Amendment. No amendment to this Agreement and no substitution of any exhibit to
this Agreement shall be effective unless in writing signed and dated by all Parties.
12. Severability. If any portion of this Agreement is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, all remaining portions of this
Agreement shall remain in effect until this Agreement is terminated or expired. After
any declaration of invalidity or unconstitutionality of a portion of this Franchise, any
Party may demand that one or more other Parties meet to discuss amending the terms
of this Agreement to conform to the original intent of the Parties. If the Parties are
unable to agree on a revised agreement within ninety (90) days after such a court
decision is final and binding, any Party whose rights and obligations are affected by the
decision shall have cause to terminate this Agreement by delivering one hundred and
eighty (180) days notice to the other Party.
13. Property Conveyances. All parties agree in good faith to execute any and all real
property conveyances deemed necessary or desirable to show each Party's share of
ownership of such property as provided for in this Agreement.
14. Execution and Effective Date. This Agreement may be executed in several
counterparts, all of which when taken together shall constitute one agreement binding
on all Parties who have signed, notwithstanding that all Parties are not signatories to the
same counterpart. Each copy of this Agreement so executed shall constitute a duplicate
original.
15. Definitions. As used in this Agreement, the below terms are defined as follow.
15.1. "Assets" include real, personal and intangible property. Assets are divided into
two different groups, "System Assets" and "Other Assets' -- se e 15".4 4t,-Ad ---
15.2. "Intangible Property" includes but is not limited to: moneys, checks, drafts,
deposits, interest, dividends and income
15.3. "Managing Authority" means that Tigard will provide water to properties and
customers in the current jurisdictions of the Parties equally. If circumstances require
water restrictions, each jurisdiction shall share equally. Tigard will provide equally and
in a manner consistent with the terms of this Agreement all services required for
Tigard Water Supply Agreement Page 9
L
,+ T` 10"d ,rf w SeYVICd,s -
k,e PrVr1sivx �tf potable domestic water to properties and customers in the current
ns of the Parties, including but not limited to system repair and maintenance,
ribution, new installations, system upgrades and billing functions.
er Assets" are Assets not necessary for the operation of the City of Tigard's
supply system. Other Assets shall remain the property of the jurisdiction in which
the asset is ocate Water mains, service installations, structures, facilities,
improvements or other property not necessary for the operation of the City of Tigard's
water supply system are Other Assets.
15.5. "System Assets" are Assets necessary for the operation of the City of Tigard's
water supply system. As used herein, the term System Assets does not include any
assets constructed, under construction, or to be constructed by the City of Tigard
pursuant to the certain Water Agreement between the cities of Tigard and Lake
Oswego, entered into on August 6, 2008.^Other Assets shall become the property of
the jurisdiction in which the asset is located.
The term "System Assets" as used in this Agreement includes, but is not limited to:
i) all interests in real property, all improvements on that property and all other
personal property and facilities wherever located that is used by any Party for the
supply, treatment, storage, transmission or distribution of potable water to that Party or
to any other person or entity; and,
ii) all revenue generated from the sale of any portion of the Parties' domestic
water supply to any person wherever located, including connection and systems
development charges; and,
iii) all rights to the use of surface-, in stream- or groundwater held by- or for the
beneficial use of any Party to this Agreement, notwithstanding that the formal
certification or other evidence of that right may name fewer than all Parties to this
Agreement as the holder or owner of that right;
iv) all contracts held by Tigard or any other party with any entity not a party to this
Agreement for a supply of water for the Parties'joint use.
e 'F-i N a � 'p r+�w{'o. - Tr G RCJGN
i.k.e c+ f�i y•-rd fir sao d T►gard/Gape ds'''''ol o WOW
0cs1�4410K $ ti•► l t molpe4
�& ot 57 s4e,#K4
Tigard Water Supply Agreement Page 10
City of Tigard EXHIBIT A
Fees and Charges Schedule 4 Step/3 year/25% Improvement Fee
WE
PUBLIC WORKS-WATER
Water System Development Charge(SDC)* 11/28/2000
5/8"x 3/4"Meter
410 Service Area B Submitted at the IWB Meeting
Bull Mountain System $',' ,,,�,�j /
1"Meter By: ��h o 6 nz d n c- ,
410 Service Area $5-103. /
Bull Mountain System $6,,908.09 Date: 1 � Agenda Item No.:
1 1/2"Meter
410 Service Area $;Z,348:A0
Bull Mountain System $9,94:7.00
2"Meter
410 Service Area $46,32$09
Bull Mountain System $"�'04.
3"Meter
410 Service Area $30,,645.00
Bull Mountain System $44,445..00
4"Meter
410 Service Area @C9��o
Bull Mountain System $69;05:00
6"Meter
410 Service Area $ 02,050.00
Bull Mountain System $1-38;450:80
8"Meter
410 Service Area $4630.00
Bull Mountain System @GZ"'� 4,04A.00
10"Meter
410 Service Area $294,496.00
Bull Mountain System $39:7x,-19:w
12"Meter
410 Service Area $775,907.00
Bull Mountain System $4,050,;82.00
Water System Development Charge(SDC)*
5/8"x 3/4"Meter $3,821.00 2/1/2011
$4-705.00 2/1/2012
$5,590.00 2/1/2013
$6,474.00 2/1/2014
1
City of Tigard EXHIBIT A
Fees and Charges Schedule 4 Step/3 year/25% Improvement Fee
1"Meter $10,191.00 2/1/2011
$12,551.00 2/1/2012
$14,910.00 2/1/2013
$17,269.00 2/1/2014
1 1/2"Meter $30,555.00 2/1/2011
$37,629.00 2/1/2012
$44,703.00 2/1/2013
$51,777.00 2/1/2014
2"Meter $49,616.00 2/1/2011
$61,103.00 2/1/2012
$72,589.00 2/1/2013
$84,076.00 2/1/2014
3"Meters and larger diameter
For connections to the water system with meters larger than 2-inches,the City will forecast the demands on an
average-day,peak-day,and peak-hour basis.
The number of EDUs associated with the demands will be determined by the following:
EDUS - (ADD *0.400 +((PDD -ADD)*0.343 +((PHD-PDD)*0.257
226.4 249.1 90.6
Where:
ADD is the projected average-day demand of the new user in gallons per day,and
PDD is the projected peak-day demand of the new user in gallons per day,and
PHD is the projected peak hour demand of the new user in gallons per day,and
The constants used in the above formula are:
0.004 equals the proportion of the City's water facilities allocated to the average-day function
226.4 equals the estimated gallons per day on an average-day basis demanded by an EDU
0.343 equals the proportion of the City's water facilities allocated to the max-day extra-capacity function
249.1 equals the estimated gallons per day on an max-day extra capacity demanded by an EDU
0.257 equals the proportion of the City's water facilities allocated to the max-hour extra capacity function
90.6 equals the estimated gallons per day of max-hour extra-capacity demanded by an EDU
The City may update the values in the formula above as the system changes to recognize the changing costs
imposed by large customers
2
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8
LAKE OSWEGO/TIGARD WATER PARTNERSHIP
EXHIBIT 5 to IGA
SUPPLY FACILITIES CAPITAL IMPROVEMENT PROGRAM
Project Name: Lake Oswego/Tigard Water Supply Expansion
Project Description: Plan, fund,and construct improvements to Lake Oswego's and Tigard's
water systems,including an expansion of Lake Oswego's water supply system
from its current capacity of 16 million gallons per day (mgd) to 32 mgd, and
infrastructure required to provide additional flow to Tigard's water system.
Funded /Unfunded: Funded
Estimated Date of
Completion: July 1,2016
Justification: Intergovernmental Agreement
The total projected revenues and expenses for the next five fiscal years are presented in Table 1.
SupplyTable 1. Water . .
Fiscal Year($in 000's)
Revenue Source(')(z) Description 2011.12 2012-13 2013-14 2014.15 2015.16 Total
(LO) Operating 0 0 2,800 3,000 1,239 7,039
(LO) SDC's 450 550 550 550 550 2,650
(LO) Bonds 4,615 16,825 39,388 28,919 0 89,747
(LO) subtotal 5,065 17,375 42,738 32,469 1,789 99,436
(Tigard) Intergovt'I 5,835 20,015 49,232 37,401 2,061 114,544
Resources Total 10,900 37,390 91,970 69,870 3,850 213,980
Expenses(3)
Design 5,140 6,390 4,500 790 0 16,820
Proj.Admin. 5,760 6,280 6,390 6,360 1,420 26,210
Construction 0 24,720 81,080 62,720 2,430 170,950
Expenses Total 10,900 j 37,390 j 91,970 1 69,870 j 3,850 213,980
Notes:
(1)Lake Oswego share of costs= 0.4647
(2)Tigard share of costs= 0.5353
Total= 1.0000
(3)Expenses are based on Class 3 construction estimates with accuracy of-20%to+30%.
Lake Oswego •Tigard t •
Water Partnership - •
shanng wow conneetingcomm "Aes 11
Exhibit 5-Supply Facilities Capital Improvement Program
Program Overview
The scope for the project includes design and construction of the following infrastructure:
• A new 38-mgd river intake pump station (RIPS) located on the Clackamas River in Gladstone.
Initial capacity is 32 mgd but sizing will allow later expansion to the ultimate capacity of 38 mgd.
• Approximately 14,000 feet of new raw(untreated)water transmission piping (RWP) connecting
the RIPS structure to the Lake Oswego Water Treatment Plant(WTP).
• Expansion of the WTP from its current capacity of 16 mgd to 32 mgd,with provision for future
expansion to 38 mgd.
• Approximately 35,000 feet of new finished (treated) water piping (FWP) connecting the WTP to
Lake Oswego's terminal reservoir located near Waluga Park.
• A new 3.5-million gallon (MG) water reservoir at Waluga Park.
• Replacement of Tigard's existing Bonita Pump Station (BPS) with capacity of 14 to 20 mgd.
The benefits of the IGA and the water supply improvement project include the following:
• Tigard's ownership in its water supply and decreased reliance on water supplied by Portland
■ Joint financing of the project by Lake Oswego and Tigard
■ Increases in pipe size for raw water and treated water transmission
■ Increased water treatment plant capacity
■ Increased treated water storage capacity
• Increased pumping capacity for Tigard's water distribution system
• Increased water transmission capacity to Tigard storage facilities
Table 2 provides a more detailed breakdown of costs by year,by project,and by Sponsor.
Project Funding Source
Lake Oswego: The Water Fund is an enterprise fund used to account for all financial activity
associated with the operation and maintenance of the city's water utility system. Water utility
improvement projects are supported by water fees,which are restricted to purposes related to
construction,repair,and operation of the water system. Additionally, system development charges
are recovered from new development projects, but this is a minor portion of the overall funding for
this program.
Tigard: The Water Fund is the primary operating fund and accounts for all costs associated with
the water system,including ongoing maintenance. The Water Fund is an enterprise fund which
regularly transfers revenues to the Water CIP Fund which accounts for various capital improvement
projects,including the Lake Oswego/Tigard Water Partnership. Tigard also assesses system
development charges which are allocated to appropriate capital improvements. Tigard has
intergovernmental agreements with the cities of King City and Durham and with the Tigard Water
District.
Funding Status: Funded
Lake Oswego•Tigard
Water Partnership Caldwett
shoriwgwater connectingc»mnruMrks 2
Lake Oswego-Tigard
Water Partnership
Table 2. CIP Cost Breakdown and Allocations 'hating water•connect+ c-,!^ is
2009/2010 zoio/2013 2013/701x zo12/2013
Lake O.wtgo i 4+gard like Oswego Tigard lake Oswegc i TigaM lake Oswego heard Lke as-$. Tiprd
TayY Torah Total, Totals
Tonh
...,...
46,47% 53.$3% 53.53% ... ..n 53.53%
L
Program Administration _ "ioc
Program Management,Permitting,LT4 $4,428000 $2,054,000 _ $2,366.000__ $5,470,000 $2,542,000 52,928,000 $3370,000 $1,566,000 $1,804,000 $4,640,000 J $2,156,000 $2,484,000 $4,640156;X000_..
Sponsor,Land,Other Services $770,000 $358,000 $412,000 $2,360,000 $1,097,000 $1,263,000. $2,390,000 51,111,000 51,279,000 $1,640,000 $762,000 $878,000 $1,750,000 $833,000 $937,000
PROJECT TOTAL $5,190,000 $2,412,000 $2,778,000 $7,830,000 $3,639,000 $4 191,000 $5,760,000 $2,677,000 $3,083,000 $6,280,000 $2,918,000 $3,362,000 $6,390,000 $2,969,000 $3,421,000
RIPS
Design and Engineering $830,000 5386,000 $444,000 5550,000 $25fi,000 $294,000 5,770,$130,000 $681,0 $089,00
Construction $5,770,000 $2,681,000 $3,089,000 $9_900,000 _ $4,601,000 $5,299,000
PROJECTTOTAL $830,000 $386,000 $444,000 $550,000 $256,000 $2941000 $5,900,000 $ 741,000 $3,159,OOD $9.900,000 $4,601,000 $5,299,000
RWP ._.
Design and Engineering
_ $950,000_-. $441,000 y $509,OM00_ $880,000 $409,000 $471,000
Construction $8,240_000 $2800,000 $3,340,000 $13,510,000 $6,2781000 $7,232,000...
PROJECT TOTAL $7 53,34000 $3,849 $...90,000 $6,687,000 $7703,000
WTP _,_. _
Design and Engineering $1,270,000 5590,000 $680,000 $3,040,000 $1,413,000 51,627,000 $2,920,000 .$1,357,000_$1,563,000 $2,2MJ,000 $1,060,000, $1,220,000
$34,700,000 $16125,000 S18,575_000_
Cen5trIctian --------- __._-__ ._ _..
PROJECT TOTAL $1,270000 $590,000 $680000 $3,040000 $1,413,000 $1,627,000 $2920000 $L337,00O $36,980,000 $17,185,000 $191795000
FWP -*-- - _._.. ___-_ __
Design and Engineering $1,030,000 5479,000 $551,000 $1,830000 ' $ESO,OOD $980,000 $I,OZO,OOD y,_-$474_060__... $546,000
Construction $5,940,000 $2,760,000 $3,180,000 _P8,990,000 98,825,000 $10,165,000
PROJECT TOTAL $1,030,000 $479,000 $551,000 $7,770,000 $3,610,000 S4,160AW $20,010,000 $9,299,000 $10,711,000
WR
Design and Engineering $90,000 $42,000 $48,000 $480,000 $223,000 $257,000 $130,000 _ $60,000 _$70,000
Construction 56,500,000 $_3,021,000 53,479,000 $590,000 $274000 $316000
PROJECT TOTAL 590,000 $42,000 $48,000 $480,000 $223,000 $257000 $6630,000 $3 $3549 $590,000 $274,000 $3161000
BPS .___ _,DD -
DesignandEngineering 540,000 $19,000 $21,000 $430,000 $200,000 $230,000 $320,000 $149,000 $,Q2,(0
$3,03_0,000 $1,408,000 $1,622,000
Construction -
PROJECT $40,000 $]9,000 $21,000 $430,000 5200,000 $230,000 $3,350,000 $1,557,000 $1,793,000
SCADA
Design and Engineering $2]0,000 $125,000 $145,000 $360,000 $16],000 $193,000
COns[ruction
PROJECT TOTAL $270000 $125000 $145000 $360000 $167000 $193000
FY Totals $5,1W'cgaJ $2,412,000 $2,778,000 $10,020,000 $4,657,000 55,363,000 $10,900,000 $5,067,000 $5,835,000 $37,390,1100 $17,373,000 $20,017,000 $91,970,000 $42,739,W $49,231,000
of 2
Lake Oswego-Tigard
Table 2. (cont'd) CIP Cost Breakdown and Allocations Water Partnership
sharing water-tonnecring communises
2014/2015 2035 6 2016/2017 Tetah
Lak.Oswego Tig.rd l.k.Osweg. Tigard Lake Oswego Tig.rd "ProgramTotah Tat.h Tch Oswego
46.47% 53.53% 46.47% 53.53%.
Program Administration
Program Management,Permitting,CM $4,640,00052,156,000 - - - ----
�.. _ $?.l84A00__ SISO,aOo _..$70,000 $80,000 $27330,ODo
Sponsor,Land,Other Services $1,720,000- $799,000 $921,000 $1,270,000 $590,000 - -$680,000 $850,000 $395,000 $455,000 - - _.-. $32925,00D--- $I,825,000
9995
__ .,. $12750,000 $5,925,000 $6,825,000
5555... _
PROJECT TOTAL $6,360,000 $2,955,000 000 $ 4mAW $660 5760 '�"-- -
$830.000 $395,000 $855,000 $x,080,000 $18,625,000 $21,455,000
RIPS
5595
Design and Engineering
Construction $1 510,000 $702,0fN1 $808,000
5559 ...9555 _._
$15,670,000 $7,282,000 ---_-----
PROJECT TOTAL -..-.-__ - _.._.. 5555--_ __5999 9555__9559_ $8.388,000
RWP $17,180,000 7984.000 ._$9196,000...
Design and Engineering $310,000 $144,000 . $2,igp,00p $994000_._.. -.-$1,146,000
Constnrzc on .5s,2aoasJo -$z,dl6,000._ -- .__Sz,7a4;000-.. __.. - ;,-------. _
---- - _ -
PROJECT $24,9500,000 _ _ $11_,594,OOD_ $13,356000_---
TOTAL $5,510,000 $2,560,000 $ $27,090,000 $12,588,OOD $14, 000----
WTP
Design and Engineering $190.000 $88.000
$9,700,000 $4508,000
Construction _$34 6,3
.700,OOo 5125,000 $5,192,000
PROJECT TOTAL _ -.$69,400,00 _
0 ., _ $32,250,000
$34,890.000 $16.213 $3'677 -. $37,150.000
FWP $79100.000 - $36,1758000 342AM_-
-
DesignandEngineering $270,000 $125,000
5999 -5,000 _$_3.929,000
Construction $18,990,000 : $8,825,000 $10,165,000 $2,370,000 51,101,000 $1,269,000 $46290,000 $21,511,000
PROJECT TOTAL $19,260,000 $8950000 $10310,000 $2,370,000 $1,101,000 $3,269,000 - - -- _r____
WR
$50440.000 $23440 $Z?AWAW
Design and Engineering
..__r.._....._..... 9959.__
Construction $700,000 !
_ $325,000 $375,000
$7,090,000 $3,295,OW
PROJECTTOTAL 9999 ___ 5555 __ 9595. ..:___.-$3.795,000_-_
BPS $7_7WAW3620000 $q,170,000
Design and Engineering $20,000 $9,000 $11,000 _. _ __.._._____
$810.000 _9995
Constmcticm $3A70000 $1,613,000 11s57,o00 _ $6,sDD,00_o_ _.`53 _ 5434.Oao_
_ _
PROJECT TOTAL $3 000 $1,622,000 $1,H68,000 _ ,r �,,. - 'J .0 $Y 1000p
SCAOA 53,397000 $3,913,000
Design and Engineering - - --
._ ........ -........ 9595. ..
$0 5599__ so $p _
Construction $360,000 $167,000 $193,000 $60,000 $28,000 $32,000 - - _- - - -'--- -""-' '--'-
_ _ $1,050,000 ___$888,000 9999-... SS62,OD'J
PROJECT TOTAL - -- - -- ----
$360000 $167000 $193000 $60000 $28,000 $32000 �:lt J $1050000 $488 $5621000
FYTotals $69,870,000 $32,467,000 $37,403,M $3,850,000 $1.789 OOD $2,061,000 $850- 1
395,000
$45SA00 $230,000,000 $107,000,000 $123,000,000
2 of
Exhibit 5-Supply Facilities Capital Improvement Program
Program Area Descriptions
The water supply improvements include upgrades or replacement of the existing facilities. These
existing facilities and the proposed improvements are described in the following sections.
Existing Facilities
The existing water supply facilities either will be upgraded or replaced,as listed in Table 3.
ModificationsTable 3.
Facility Expandedlreplaced Justification
• Insufficient capacity for future water demands
RIPS Replaced • Seismic vulnerability
• Electrical equipment is old and worn and does not meet current standards
• Insufficient capacity for future water demands
RWP
Replaced(existing left in 0 Condition of existing pipeline unknown
• Seismic vulnerability
• Insufficient capacity for future water demands
• Electrical equipment is old and worn and does not meet current standards
WTP Expanded • Finished water clear well is undersized to meet regulatory finished water quality standards
• Existing direct filtration process requires significant operator attention
• Chlorine dosing requirements may lead to increased disinfection byproducts formation
FWP Replaced Insufficient capacity for future water demands
Expanded(new reservoir . Insufficient storage capacity for current and future conditions
WR installed adjacent to
existing) • Occasional issues with insufficient water pressure in the nearby neighborhood
BPS Replaced Insufficient capacity for future water demands
Proposed Facilities
The proposed water supply facilities include a new RIPS, new raw and finished water pipelines,
expansion of the Lake Oswego WIT,a new WR,and a new BPS.
Lake Oswego•Tigard c •
Water Partnership Caldwett
Shan"f Watty coimem ap Con1P ium(k s 3
Exhibit 5-Supply Facilities Capital Improvement Program
RIPS
A replacement RIPS will be constructed on the Clackamas River in the City of Gladstone, as shown
in Figure 1. The replacement facility will pump water from the Clackamas River to water treatment
facilities for subsequent distribution to users. It will have an initial capacity of 32 mgd and will be
expandable to 38 mgd to supply future water demands.
The new RIPS will be located adjacent to the existing intake structure and pump station, at the
bottom of the Clackamas River Basin,at approximately river mile 0.8. The existing RIPS will likely
be removed or abandoned.
Fd•i'�.i9W'.
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Figure 1. Proposed Location of New River Intake Pump Station
Lake Oswego•TigardBrown
Water Partnership Caidwelt
shanngwortw.ca�necrrngcomn vn tks 4
Exhibit 5-Supply Facilities Capital Improvement Program
Raw Water Pipeline
Approximately 14,000 feet of new RWP will convey water from the RIPS to the Lake Oswego
WIT,located in West Linn. The new 42-inch-diameter RWP will be installed parallel to the existing
27-inch-diameter RWP and will have a capacity of 38 mgd, as compared to 16 mgd for the existing
RWP. The proposed alignment for the new RWP is shown in Figure 2.
s
Figure Z Proposed RWP Alignment
Lake Oswego•Tigard c •
Water Partnership Caldwell
shnnaywt»er connectingcarnn Warks 5
Exhibit 5-Supply Facilities Capital Improvement Program
Lake Oswego WTP
The program includes provisions to upgrade and expand the existing Lake Oswego WTp. The
capacity of the WTP will be increased from 16 to 32 mgd,with provisions for an ultimate expansion
to 38 mgd consistent with the maximum water rights expected to be available from this source. The
tuning of the ultimate expansion to 38 mgd is not certain but may occur as early as 2015.
The existing WTP,built in 1968, has undergone numerous upgrades to improve its performance.
The State of Oregon has designated the WTP as a direct filtration plant. The WTP includes a
pump-based,rapid-mix system, three contact basins, six rapid sand, dual media gravity filters, a clear
well, four sludge decanting and dewatering lagoons, and associated chemical feed systems (alum,
poly-aluminum chloride,powdered activated carbon,poly-electrolytes, hydrated lime, carbon
dioxide, and sodium hypochlorite).
The recommended plan to expand and upgrade the Lake Oswego WTP will be to reconfigure the
plant to conventional filtration with pre-ozonation followed by biologically active granular media
filtration. Other modifications include a new,larger clear well and finished water pump station,
mechanical processes to treat process waste streams and residual solids,upgrades to chemical feed
system,and miscellaneous improvements to existing buildings and site landscaping. The preliminary
layout for the WTP expansion is shown in Figure 3. This layout will be revised subsequent to
further discussions with WTP neighbors and the City of West Linn.
Lake Oswego-Tigard
kWWater Partnership Caldwell
Show,g or e...'cn'r�ei.hrtq COr�n V rr.Gr� 6
Exhibit 5-Supply Facilities Capital Improvement Program
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T i i LAKE OSWEGO WATER TREATMENT F"NT
PROJECT DEFINITION REPQR i Ii
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Figure 3. Proposed WTP Expansion
Lake Oswego•Tigard Brown
Caldwell
Water Partnership
ShP41ny'Hv,[,[.+r-r.m�n(+�,tC10[t}r�?TlJnit'i••5
Exhibit 5-Supply Facilities Capital Improvement Program
Finished Water Pipeline
A new FWP will convey treated water from the Lake Oswego WTP in West Linn to the WRs in
Lake Oswego. An optional FWP may be constructed from WRs to the BPS in Tigard depending on
sponsor preference of design criteria. The pipeline will be sized to convey a maximum flow of
38 mgd and will consist of a combination of new larger pipelines to carry all flow and of existing
pipelines coupled with new parallel pipelines. The proposed pipeline diameters range from 18 to
48 inches along the preferred alignment. Parallel pipeline diameters depends on results from
modeling efforts,condition assessment of the existing lines,and design criteria. All pipeline
alignments are anticipated to be within public rights-of-way or within easements. The preferred
alignment is shown in Figures 4, 5,and 6.
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Figure 4. Proposed FWP Alignment-Southern Segment
Lake Oswego•Tigard Brown,
Water Partnership Caldwelt
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Exhibit 5-Supply Facilities Capital Improvement Program
Waluga Reservoir
As the WTP and water supply system capacity are expanded to serve demands forecast for Lake
Oswego and Tigard, an increase in WR storage capacity of approximately 3.5 MG will be required.
A new WR will be constructed alongside the existing tank to meet these additional water storage
needs and will function along with the existing WR. The WR tanks will also supply the BPS through
the FWP.
The proposed location of the new WR is on Lake Oswego-owned land and will be northwest of the
existing WR,as shown in Figure 7.
.n Y
Elavalion 296'
i w,.�dr •off
P '` Proposed VJaWga Reservoir
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Existing Brushed Water Pipeline +
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Figure 7. Proposed Location of New WR
Lake Oswego•Tigard Brown
Water Partnership . .
6hoony water'.!0f111PChP1Q[t7+Y/ItUr,.rt/p '�
Exhibit 5-Supply Facilities Capital Improvement Program
BPS
The program includes provisions to design and construct a new BPS as part of the overall water
system upgrades and expansion. The new BPS will deliver water from the FWP into the City of
Tigard water system's 410 foot-elevation pressure zone. The proposed mechanical layout for the
new BPS is provided in Figure 8.
As the W"IP and water supply system are expanded,peak BPS water supply rates will need to
increase to approximately 14 to 20 mgd to serve demands forecast for the City of Tigard. The
configuration, capacity,location, and age of the existing BPS are such that it will be replaced with a
new facility. The existing BPS installation likely will be removed or abandoned. Alternatively, the
existing facility could be retained in reserve to provide a measure of redundancy for the new BPS.
The new BPS will also likely incorporate provisions for emergency water supply interconnections
supporting pumped and/or gravity flow between the Lake Oswego and Tigard water systems,with
potential emergency supply linkages for other area water systems.
_ L
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Figure 8. BPS Proposed Mechanical Layout
Lake Oswego•Tigard
NWWater Partnership Caldwell
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Brown
Caldwe[L
Portland Office
6500 SW Macadam Avenue
Suite 200
Portland, OR 97239
Tel: 503.244.7005
I
100%Environmental I Employee Owned i Offices Nationwide i 6rownandGaldweli.com
i
Distributed to IWB Members ac��-
Via: ❑E-mailMail In-person at meeting
OS`N ESO T/c9a ':
TF PSs � a
PA RTN�
Issue#7 WHAT YOU NEED TO KNOW ABOUT YOUR DRINKING WATER November 2010
A Closer Look at Environmental Permitting
In August 2008,the cities of Lake Oswego and Tigard formally endorsed a partnership agreement for sharing drinking
water resources and costs.Lake Oswego's water supply system is near capacity and key facilities need expansion and
upgrades.Tigard residents seek ownership in a water supply system.Both cities want to keep water affordable for
their customers and sharing the cost of new infrastructure to serve both communities does that.The Partnership is
planning to expand Lake Oswego's existing drinking water infrastructure to serve both communities.
The Lake Oswego Tigard Water Partnership is committed to safeguarding the region's natural resources.
Many environmental agencies and regulations exist to protect natural resources. The Partnership is
working closely with federal,state and local agencies to ensure the program complies with all applicable
regulations and the environment is protected.
Environmental Permitting Protects Natural Resources and Public Health
During the 1970s important environmental laws were enacted:the National Environmental Policy Act,Clean Air Act,
Clean Water Act,Endangered Species Act,Marine Mammal Protection Act and others.These laws were created to
protect the environment and public health.The following section lists regulating agencies and describes the key
environmental regulations and their application to the Partnership program.
Permitting Agencies and Regulations Permitting Agencies
Sixteen independent agencies are involved in permitting for the Lake Oswego
Tigard Water Partnership project.Many of the agencies have overlapping U.S.Army Corps of Engineers
responsibilities for protecting water quality,habitat and wildlife.Among these U.S.Environmental Protection Agency
various permitting entities and regulations,the federal and state agencies that U.S.Fish&Wildlife Service
oversee the Endangered Species Act and the Clean Water Act,along with
Oregon's water rights law,have significant influence on the development of U.S.National Oceanic and Atmospheric
the Partnership project. Administration Fisheries Service
Endangered Species Act Oregon Department ofAgriculture
The Endangered Species Act(ESA) provides protection for threatened and Oregon Department of
endangered plants and animals and the habitats in which they are found.
Environmental Quality
Over 1,900 species in the United States are listed as either endangered or Oregon Department of Fish&Wildlife
threatened.The law is administered by two federal agencies: Oregon Department of State Lands
PNO ATMOSPyF
R% U.S. Department of Commerce National Oceanic and Oregon State Marine Board
• . �i Atmospheric Administration (NOAA) Fisheries Service, Oregon Water Resources Department
also known as the National Marine Fisheries Service
(NMFS),has jurisdiction for marine and anadromous fish State Historic Preservation Office
species(fish born in fresh water,that migrate to the City of Gladstone
ocean,then return to fresh water to spawn).
OF City of Lake Oswego
City of Tigard
FIS 9E WILDLIFE U.S. Department of the Interior Fish&Wildlife Service
(USFWS) has jurisdiction overall remaining listed City of West Linn
species. Clackamas County
continued on page
Endangered Species Act continued on from page 1 Clean Water Act Section 404
Section 7 of the ESA requires all federal agencies to consult with USFWS The focus of the Clean Water Act is
and/or NMFS on any action they are proposing that could affect an protecting surface water quality.The
endangered or threatened species. law includes provisions to reduce
direct pollutant discharges into
Species in Project Area with ESA Status waterways,manage pollution in
stormwater runoff,and finance
IT
municipal wastewater treatment
facilities.
Fall&Spring Chinook Salmon Threatened' NMFS Section 404 of the Clean Water Act
regulates the placement of dredged
or fill materials into wetlands and
Coho Salmon Threatened` NMFS other waters of the United States
(streams,rivers,lakes,bays,estuaries,
and portions of the oceans).The 404
permit program is administered by
Winter Steelhead Threatened` NMFS the U.S.Army Corps of Engineers and
Oregon Department of State Lands.
The USFWS,the Oregon Department
Nelson's Checker Mallow Threatened" USFWS of Fish and Wildlife and NMFS are
consulted when a Section 404 permit
is issued in an area that has
ft—kendangered or threatened species.
Willamette Daisy Endangered' USFWS
Clean Water Act Section 401 d
Oregon Department of Environmental
'Threatened. species likely to become endangered within the foreseeable future Quality will need to independently
throughout all or a significant portion of its range certify that the project will not have
'Endangered: species in danger of extinction unacceptable impacts on water
quality and fish species.
Water Rights
The City of Lake Oswego holds surface water rights that authorize the use of water from the Clackamas and Willamette
Rivers.These water rights are currently estimated to provide enough water to meet Lake Oswego's and Tigard's needs
for the next 20 years. Lake Oswego is seeking time extensions to fully develop these permits.The City of Lake Oswego
is permitted through the Oregon Water Resources Department under state law to withdraw drinking water from the
Clackamas River.This approval,however, does not exempt the City from federal Endangered Species Act and Clean
Water Act permitting requirements in conjunction with in-water construction.
Water Withdrawal and the Permitting Process
Improvements to key Partnership facilities will trigger USFWS on whether issuing a permit to the Partnership
federal,state and local permit requirements.Rebuilding will affect any threatened or endangered animals or
the water intake on the Clackamas River and laying a new plants. Although the U.S.Army Corps of Engineers will
pipeline under the Willamette River and through several look only at the impacts of construction,NMFS and
wetlands will require the Partnership to obtain a Section USFWS must review all impacts that would result from
404 permit from the U.S.Army Corps of Engineers. the issuing of a permit,including an increase in water
withdrawal from the Clackamas River.The impacts,if any,
Section 7 of the Endangered Species Act requires the U.S. of these withdrawals are currently being studied.
Army Corps of Engineers to consult with NMFS and
0
ater*5avv
A Biological Assessment that demonstrates that existence of listed species or result in unacceptable loss
additional withdrawals are not likely to adversely affect of critical habitat.If the new intake and/or increased
listed species is currently underway.The Partnership's withdrawals are found to adversely affect endangered
assessment results will be submitted to USFWS and species,the Biological Opinion will propose mitigation
NMFS by the Corps of Engineers for agency consideration measures to protect listed species.The Biological Opinion
in 2011. In response to the biological assessment, is expected to be issued by the federal agencies in 2012.
USFWS and NMFS will complete a Biological Opinion that
documents the opinions of both agencies as to whether
issuing the permit will likely jeopardize the continued
Avoiding, Minimizing and Mitigating More About Clackamas River Water
Impacts Providers
The Partnership has retained leading experts in The six water providers in the Clackamas River Basin have
environmental science and fisheries biology to help been working together on water resource issues for more
identify possible impacts to critical habitat resulting from than a decade. In July 2005 the water providers and
the planned improvements.This team will also develop Clackamas County Water Environment Services signed an
strategies to avoid,minimize and mitigate possible intergovernmental agreement for joint funding of
impacts.Natural resource protection plays a pivotal role in watershed protection activities.In 2007 these efforts were
decisions about potential pipeline routes and facilities expanded to include water conservation and broader
siting alternatives. Whenever practical,impacts will be water resource issues.
avoided. If the impact can not be avoided entirely,steps
will be taken to minimize the impact. Mitigation measures A second intergovernmental agreement created
will be developed during the project's design phase. Clackamas River Water Providers.Membership includes
representatives from the Cities of Estacada and Lake
Commitment to Watershed Protection Oswego,Clackamas n�
Lake Oswego currently participates in watershed River Water,the Clackamas River
protection and planning activities with several groups North Clackamas Water Providers
active in the Clackamas River Basin and regionally. The County Water
City of Lake Oswego contributes financially to the Commission,
management and implementation of basin-wide and South Fork �� �
local programs to protect and enhance Clackamas River Water Board,
water quality for environmental and municipal supply and Sunrise Water Authority.There are currently two staff:
purposes. Currently the City contributes about$85,000 a Water Resource Manager and Water Conservation
annually as its share of costs for programs undertaken by Program Coordinator.
partner organizations:the Clackamas River Water
Providers,the Regional Water Providers Consortium and The organization's mission is to fund and coordinate
the Clackamas River Basin Council. efforts for source water protection and water
conservation.
Clackamas River Water Providers has spent over one
million dollars during the past ten years on watershed
protection projects. This has included funding to
complete watershed assessments in the Clackamas River
Basin,models of the lower river basin flows,installation of
water quality monitoring stations,algal and pesticide
studies,and other water quality related projects. These
projects have been conducted in partnership with a
variety of organizations including Portland State
Clackamas River Water Providers works with Portland State University to University,US Geological Service,and the Clackamas River
develop and maintain a model of stream flows in the lower Clackamas River. Basin Council.
Water;#-,"-`.Sav,.-vy
Learn More
For questions about environmental permitting for the Partnership project contact:
Joel Komarek
Project Director
City of Lake Oswego
jkomarek@ci.oswego.or.us
503-697-6588
Lake Oswego • Tigard
Water Partnership lotigardwater.org • 503-697-6502
sharing 9
water•connecting communities
For more information about the Lake Oswego Tigard Water Partnership visit www.lotigardwater.org or contact:
Jane Heisler Dennis Koellermeier
Communications Director,Water Partnershipis
Public Works Director
City of Lake Oswego City of Tigard
jheisler@ci.oswego.or.us dennis@tigard-or.gov
503-697-6502 503-718-2596
Distributed to IWB Members 1- 12-11
Via: LIE-mail ❑Mail Ign-person at meeting
City of Tigard
Memorandum
WAMWIMW
To: Dennis Koellermeier, Public Works Director
From: John Goodrich, Utility Division Manager
Re: Comparison of Water Rates —TVWD vs. Tigard
Date: December 1, 2010
It has been rgquested to compare the recent water rate increases of both Tigard and Tualatin
Valley Water District (TVWD). Tigard's water rate increases are effective January 1, 2011 and
TVWD's water rate increases were effective November 1, 2010.
Tigard raised water rates while also redesigning it's rate structure in order to provide revenue
stability, rate payer equity among various user groups, and to support continue conservation
efforts by the public. These new rates were necessary to provide a 34% effective increase in
revenues for the current calendar year.
TVWD increased water rates by 1.7% to match inflationary trends regarding water operations
and maintenance costs.
For comparison, the average Tigard residential customer uses 9 units or nine hundred cubic feet
of water per month (1 unit = 1 CCF = 748 gallons). Based on this usage, the typical customer
monthly water bill for a standard 5/8" x 3/4"water meter is $36.96 ($15.78 customer charge plus
6 units at$2.04/unit (Tier 1) plus 3 units at $2.98/unit (Tier 2).
A similar TVWD customer for the same amount of water usage per month is $29.01 ($6.78
customer charge plus 9 units at$2.47/unit).
Based on this comparison, Tigard customer's water service costs are approximately 27% greater
than TVWD. TVWD does not use an inclining block rate (tiered water rates) and bills on a bi-
monthly system.
At higher water usage of 20 units per month, a typical Tigard customer monthly water bill would
be $71.89 ($15.78 customer charge plus 6 units at$2.04/unit (Tier 1) plus 9 units at $2.98/unit
(Tier 2) plus 5 units at $3.41/unit (Tier 3). A similar TVWD customer water bill would be
$56.18 ($6.78 customer charge plus 20 units at $2.47/unit). These differences are also
consistent at approximately 28% greater for Tigard customers.
Intergovernmental Water Board (IWB)
Meeting Minutes
January 12, 2011
Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard (Arrived 5:31 p.m.)
Ken Henschel Alternate Representing the Tigard Water District
Keith Jehnke Representing the City of Durham
Dick Winn Representing the City of King City
Mike Stone Member At-Large
Members Absent., None
Staff Present:
Dennis Koellermeier Director of Public Works
John Goodrich Utility Division Manager
Renee' Ferguson IWB Recorder
Debbie Smith-Wagar Assistant Finance Director
Visitors: Bill Scheiderich, Durham City Attorney
1. Call to Order, Roll Call and Introductions
Commissioner Winn called the meeting at 5:30 p.m.
2. Approval of Minutes — November 10, 2010
Note: Commissioner Buehner arrived at 5:31 p.m.
Commission Winn motioned to approve the November 10, 2010 minutes.
Commissioner Buehner seconded the motion. The minutes were approved by
unanimous vote of the Commissioners present, with Commissioners Buehner,
Henschel, Jehnke, Stone and Winn voting yes.
3. Public Comments: None
4. Water Supply Update
Mr. Goodrich reported:
• December average water demand was at 5.22 million gallons per day.
• The month of January is currently at 4 million gallons per day.
• Injection is ongoing into aquifer storage and recovery (ASR) wells one and two. One
well is nearing capacity with 196 million gallons stored. Injection will continue in the other
well for the next two months.
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5. Pacific Realty Association Credit for Leak Request
Debbie Smith-Wagar provided background information regarding this credit for leak request.
Credits over$500 dollars must be approved by the Board.
Commissioner Buehner motioned to approve the credit. Commissioner Jehnke seconded the
motion. The motion passed by unanimous vote of the Commissioners present, with
Commissioners Buehner, Henschel, Jehnke, Winn, and Stone voting yes.
6. Progress Report on Rate Implementation, the Transition to Monthly Billing, and the
Financial Assistance Program
Ms. Smith-Wagar reported:
• The new monthly utility billing structure began on January 1, 2011.
• All customers will be on a four-week billing cycle by the end of January 2011.
• The switch to monthly billing was publicized in Cityscape, Know H2O, Tigard Times, The
Oregonian, and in a bill stuffier.
Note:Agenda item#6 was continued following the discussion of a non-agenda item.
11. Non-Agenda Items
The Board briefly discussed a memorandum from Mr. Goodrich comparing Tualatin Valley
Water District (TVWD) water rates to the new Tigard water rates. The memo is on file in the
IWB record.
Note:Agenda item #6 was continued.
Ms. Smith-Wagar went on to report Tigard has collaborated with St. Vincent de Paul to
administer a financial assistance program for water service. St. Vincent de Paul already
administers similar programs for other utilities such as electricity and natural gas. Eligibility for
water service assistance is determined by the same federal guidelines used for other utilities.
Tigard provided $10,000 in initial funding for the financial assistance program. The assistance is
available on a first-come, first-served basis.
Commissioner Buehner asked Ms. Smith-Wagar to update the Board next month regarding any
issues arising from the implementation of monthly billing.
7. Discussion of Durham's Comments on the Intergovernmental Agreement(IGA)with
Durham City Attorney Bill Scheiderich — Dennis Koellermeier
Mr. Koellermeier introduced Durham City Attorney Bill Scheiderich. Mr. Scheiderich was
appearing on behalf of the Durham City Council to review the Council's feedback on the sixth
version of the IGA. The feedback is summarized in a letter, which is on file in the IWB record. A
summary of the IGA comments and the Board's corresponding discussions are as follows:
• Durham asserts it should be treated as a co-owner as opposed to a wholesale water
customer.
• Item 1 -The parties cannot delegate condemnation authority to Tigard. A previous draft may
contain alternate language that addresses this issue.
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• Item 2— Durham would like all parties to have a vote regarding water sales to non-parties. A
majority vote of the four jurisdictions was proposed. The concern was that Tigard, as the
managing entity, could make decisions to the detriment of the member jurisdictions.
Commissioner Winn suggested this was a managerial issue and should be left up to Tigard.
• Item 3— Durham questioned the use of the word "surcharge," and preferred the existing
practice whereby the rebate is not listed separately on the utility bill.
Mr. Koellermeier noted water revenue has recently increased. The intent of this language
was to fix the member jurisdictions' rebate to about two percent of current revenue, as
opposed to an ongoing calculation tied to revenue increases. He noted Tigard did not
receive these funds; the funds were passed along to the member jurisdictions. The rebate
was originally developed to generate revenue for Durham, King City and the Tigard Water
District (TWD). The TWD has no other source of revenue.
Commissioner Stone said if the member jurisdictions wanted to maintain the rebate, then
the rebate should be transparent to customers and labeled accordingly.
Commissioner Winn advised the Board had already reached consensus on a two-percent
rebate, irrelevant of what terminology is used.
Commissioners Henschel and Mr. Scheiderich said they did not want the fee to be
delineated on the bill.
The Board discussed possible terminology and Mr. Koellermeier said he would try to
develop language that would be acceptable to the member jurisdictions.
• Item 4—This item may be similar to item 1.E. in the seventh version of the IGA.
Mr. Koellermeier said this was a carryover from the original agreement. He clarified
Durham's comments were applicable irrespective of whether the revenue was generated for
infrastructure inside or outside of existing Tigard Water Service Area (TWSA) boundaries.
In terms of a member jurisdiction vote, Commissioner Winn commented the IWB does not
have authority to dictate to the City of Tigard; the IWB is advisory.
The Board discussed its role and authority as it relates to the Tigard City Council.
• Item 5—Commissioners Henschel and Winn suggested a five-year notice of termination was
appropriate.
Commissioner Stone inquired about Tigard's budgeting process and the impact of a shorter
termination notice.
Mr. Koellermeier reported Tigard is obligated to purchase a certain amount of water from
Portland, and this obligation was predicated upon Tigard's commitment to provide water to
the member jurisdictions. He said Tigard would likely need a five-year notice of termination.
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• Item 6— Durham wants to have a vote regarding the disposition of surplus assets.
Commissioner Henschel concurred with Durham's position on the dispositions of surplus
assets.
Durham also requested use of the IWB meeting space once per year for each member
jurisdiction.
Mr. Koellermeier said he would prepare a response to this item.
• Item 7— Mr. Scheiderich reported this item was not a principal concern for Durham. He
noted other information under this item was commentary.
• Item 8— Mr. Scheiderich said this was the same concern mentioned earlier, namely that
Tigard had the authority to overextend the water system by constructing infrastructure to
serve areas outside the existing TWSA boundaries. Durham would like to see an IWB vote
on such issues.
• Item 9— Mr. Scheiderich said this was an oversight in all the earlier drafts. The IGA should
have additional language to prohibit member jurisdictions from selling their share of the
water system to another party.
Several Commissioners said they supported this addition.
• Item 10— Durham views itself as a co-owner of the system. Durham acknowledges its
interest may be an equitable interest as opposed to a legal interest. Mr. Scheiderich
reported Durham is adamant that if their ratepayers fund infrastructure, they should have an
ownership interest in that infrastructure. Durham acknowledges this request is subject to
bond covenants and the Lake Oswego-Tigard Water Partnership agreement.
Commissioner Buehner and Winn concurred with Durham's request.
Mr. Koellermeier said Tigard was exploring the issue of equitable interest.
Commissioner Winn said that once the bonds for Lake Oswego-Tigard Water Partnership
are paid, infrastructure associated with the project should become a system asset.
Commissioner Winn acknowledged Tigard had assumed all the risk associated with
bonding. Mr. Koellermeier said the issue of bond risk still needed to be resolved.
Commissioner Winn said when the bonds were paid, and Tigard no longer had any bonding
risk, then King City ratepayers should have an ownership interest in the projects funded by
the bonds.
Mr. Koellermeier said the member jurisdictions, as partners, and Tigard, as the managing
authority, have a unique relationship. He acknowledged the member jurisdictions were
61 owners, but said the level of ownership was not equal. He said that should a member
jurisdiction leave the IWB, they would have an equitable interest in the water system. He
added that, in addition to system assets, other asset classifications might be created.
Commissioner Winn said he wanted only system assets.
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Mr. Koellermeier said he would try to develop a compromise that was acceptable to the
Board.
Commissioner Jehnke suggested the IGA could stipulate that a member jurisdiction could
not leave the partnership until the bonds were paid.
Commissioner Winn summarized his comments on the seventh draft of the IGA. His comments
appear on a copy of the agreement, which is on file in the IWB record. Aside from minor edits,
notations regarding changes to content are shown on pages 6 and 10.
With regard to Commissioner Winn's comments on item 7.F., (page 6), Mr. Koellermeier
confirmed that the IWB's approval would be advisory to the Tigard City Council.
Mr. Koellermeier pledged that where possible, he would develop language that represents
"middle ground" between Tigard's interests and Mr. Scheiderich's and Commissioner Winn's
comments. If, from Tigard's perspective, there are issues where middle ground cannot be
reached, Mr. Koellermeier said he would be direct about Tigard's position.
Commissioner Buehner said some issues might require a consultation with Tigard's bond
counsel.
Mr. Koellermeier inquired about comments from TWD. Commissioner Henschel reported TWD
Commissioners were asked to review and compare the various versions of the agreement.
Commissioner Buehner asked if the TWD could submit their comments in advance of the IWB's
next meeting. Commissioner Henschel said the TWD's timeline might not allow for this.
Commissioner Henschel said he would not have any comments to share until the TWD had met
and discussed the agreement. Commissioner Winn directed the TWD work from the seventh
version of the IGA.
Commissioner Stone inquired how the IGA addressed defending against claims and negligent
operation of the water system. Mr. Koellermeier said he would work on this language.
8. Progress Report on Water Policies and Procedures Update—John Goodrich
Mr. Goodrich reported that on January 25, 2011, the Tigard City Council would consider new
procedures for delinquent payments, credit for leaks, curtailment, and meter tampering. These
procedures were requested by the IWB. Also at the request of the IWB, the Council will
consider increasing the City Manager's signing authority to $2,000. If approved, only credit for
leak requests over$2,000 will come before the IWB. Mr. Goodrich also explained the process to
amend Tigard's administrative rules related to these procedures.
9. Progress Report on Water System Development Charge Implementation —John
Goodrich
Mr. Goodrich distributed and summarized a handout detailing new City of Tigard Water System
Development Charges (SDCs). The fee schedule is on file in the IWB record.
The Board briefly discussed SDCs.
Mr. Goodrich reported the Tigard City Council adopted the SDC implementation recommended
by the Home Builders Association. This represents a four-step, three-year phase-in of the
charges. The new SDCs will take effect February 1, 2011.
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10. Informational Items - Update from Commissioner Buehner on Lake Oswego/City of
Tigard Oversight Committee activities.
Commissioner Buehner reported:
• The Lake Oswego and Tigard City Councils approved the Supply Facilities Capital
Improvement Program.
• Neighbors surrounding the Waluga reservoir are upset about possible expansion of the
site.
• A value engineering review of water partnership project plans will be underway soon.
Such a review is conducted to determine if any additional efficiencies or cost savings
can be identified. The Oversight Committee will receive a report in February.
In response to a request from Commissioner Winn, Mr. Koellermeier said he would provide the
value engineering report and costs to the Board. He said performing a value analysis was
typical for projects of this type.
Mr. Koellermeier reported the contract for the treatment plant design would be awarded in
March. This is the first of six design contracts.
11. Non-Agenda Items
Note:A non-agenda item was discussed during agenda item #6.
12. Future Agenda Items
• February 9, 2011 Election of Chair and Vice-Chair
• To be Announced —Additional Tenancy in Common Agreements for Properties within
the Tigard Water Service Area
13. Next Meeting
• February 9, 2011 at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon
14. Adjournment
At 7:30 p.m., Commissioner Winn motioned to adjourn the meeting. Commissioner
Henschel seconded the motion. The meeting adjourned by unanimous vote of the
Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone and
Winn voting yes.
Dick Winn, IWB Chair Renee Ferguson, IWB 0-corder
Date: Date: ' c�
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