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08/27/2007 - Packet TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Monday August 27, 2007 7:00 PM Tigard Water Building Auditorium 8777 SW Burnham Street Tigard, Oregon Questions? Contact the City of Tigard at 503.639.4171 i TIGARD WATER DISTRICT BOARD of COMMISSIONERS Serving the Unincorporated Area Tigard Water Building Auditorium 8777 SW Burnham Street, Tigard, Oregon REVISED AGENDA Monday,August 27, 2007,7:00 p.m. 1. Call to Order 2. Approval of Minutes: June 25,July 30,August 14 Special Meeting and August 20 Special Meeting 3. Public Comments 4. Discuss Draft Change to King City Urban Services Agreement 5. Discuss Possible Dates for Water Facilities Tour 6. Discuss Televising Future Meetings 7. Discuss Registered Office and Records Storage 8. Discuss Audit of District 9. Staff Support-Transition Plan 10. IWB Update 11. Non-agenda Items 12. Set next meeting date-September 24,2007,at 7:00 p.m., Tigard Water Building Auditorium, 8777 SW Burnham Street,Tigard,Oregon 13. Recess Regular Meeting and Convene Executive Session 14. Reconvene Regular Meeting and Consider Matters from Executive Session,if any 15. Adjournment Executive Session: The Tigard Water District Board may go into Executive Session under the provisions of ORS 192.660(2)(e),(1)&(h)to discuss real property transactions,information or records that are exempt bylaw from public inspection,and current and pending litigation..If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions within this session are confidential;therefore nothing from this session may be disclosed by those present.Representatives of the news media are allowed to attend this Session,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. Questions? Contact the City of Tigard at 503.639.4171 TIGARD WATER DISTRICT BOARD of COMMISSIONERS Serving the UnincotporatedArea Tigard Water Building Auditorium 8777 SW Burnham Street, Tigard, Oregon AGENDA Monday,August 27, 20074:00 p.m. 1. Call to Order 2. Approval of Minutes ; 1 3. Public Comments ✓� 4. Discuss Audit of District 5. Staff Support—Transition Plan 6. IWB Update 7. Non-agenda Items 8. Set next meeting date—September 24,2007,at 7:00 p.m., Tigard Water Building Auditorium, 8777 SW Burnham Street,Tigard,Oregon 9. Recess Regular Meeting and Convene Executive Session 10. Reconvene Regular Meeting and Consider Matters from Executive Session,if any 11. Adjournment Executive Session: The Tigan!Water District Board maygo into Executive Session under the provisions ofORS 192.660 (2)(e),(f)er(h)to discuss realpropery transactions,information or records that are exempt by law from pubic inspection,and current and pending litigation..If an Executive Session is called to order,the appropriate ORS citation will be announced identng the applicable statute.All discussions within this session are confidential;therefore nothing from this session may be disclosed by those present.Representatives of the news media are allowed to attend this Session,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 anyfinal decision.Executive Sessions are dosed to the public. • Questions? Contact the City of Tigard at 503.639.4171 I .I TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Tigard Public Works-Annex 9020 SW Burnham Street,Tigard, Oregon Monday,July 30,2007 7:00 p.m. Members Present: Julie Russell, Bert Cornick, Ken Henschel, Kinton Fowler and Charles Radley Members Absent: None Staff Present: John Goodrich and Greer Gaston Visitors: Clark Balfour,Marcia Garland, Phil Decker, Ginny Babcock, Mike Salisbury,Marland Henderson,Dennis Goode, Patti Fowler and Barbara Sherman 1. Call to Order, Roll Call and Introductions The Tigard Water District (TWD) meeting was called to order by Commissioner Radley at 7:04 p.m. All board members were in attendance. 2. Administer Oath of Office Greer Gaston administered the oath of office to newly elected TWD Commissioner Kinton Fowler. 3. Election of Board Officers Mr. Clark Balfour was introduced as legal representative of the TWD. A discussion by board members regarding board officer descriptions resulted in the motions for nominations for Secretary and Treasurer of TWD. Commissioner Cornick nominated Commissioner Fowler for Treasurer and Commissioner Russell nominated Commissioner Cornick for Secretary. Both nominations were accepted and the motions were approved by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. 4. Approval of Minutes -June 25, 2007 and July 2, 2007 The minutes for June 25, 2007 meeting were deferred for approval until the next meeting in August due to a question regarding the IGA with the City of Tigard and Lease and'Tenants in Common agreements. Commissioner Russell made a motion to not approve the minutes of June 25,2007 and defer approval until the next meeting. Commissioner Fowler seconded the motion. The board approved the motion by unanimous vote,with Commissioners Russell, Cornick, Tigard Water District 1 July 30,2007 Draft Henschel,Fowler and Radley voting yes. Commissioner Radley made a motion to approve the minutes for July 2,2007. Commissioner Russell seconded. The board approved the motion by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. 5. Public Comments Commissioner Radley opened the forum for public comments. Mr. Phil Decker asked questions regarding board member occupations and affiliation status. Board members commented on their current occupations. Ms. Marcia Garland was called next to present her credentials regarding secretarial support for the TWD. Mr. Mike Salisbury was called next to provide information regarding county services for public record support and maintenance through Washington County Services. Mr. Marland Henderson presented information for the downtown redevelopment for the City of Tigard utilizing reclaimed water from Clean Water Services Durham Wastewater Treatment Plant. Mr. Henderson was asked to make a more formal presentation at a later date. 6. Discuss Audit of District The board members discussed recent changes in the agreement with the City of Tigard regarding accounting services for the TWD. Commissioner Fowler made a motion for TWD to contract with an outside auditor to conduct an audit of the account(s) of the TWD back five years pursuant to ORS 297; Commissioner Henschel seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. 7. Staff Support - Transition Plan The board members discussed the three letters presented to the TWD from City of Tigard regarding support services for board activities and the tentative withdrawal of services by August 20, 2007. Commissioner Cornick indicated to the board members a need to file for injunctive relief pursuant to the agreement with the City of Tigard. Mr. Balfour discussed the technical aspects of filing such action. Mr. Balfour also discussed information relating to renegotiating the current agreement and possible discussion with the City of Tigard relating to support services. Commissioner Henschel asked for clarification from the City of Tigard regarding the scope of support services. Commissioner Russell asked for the board to table all discussion until executive session. The board members agreed. 8. IWB Update- (presented by newly appointed IWB Representative Russell) Commissioner Russell gave an update of the last IWB meeting she attended. She discussed the Commercial Lease agreement vote and the IWB's action to not go forward with the final vote of approval on the lease agreement proposal until she had timeto confer with the TWD board members. Commissioner Henschel discussed information regarding the joint IWB, Lake Oswego City Council and Tigard City Council meeting held July 17, 2007 regarding the feasibility study of a joint water supply partnership. Commissioner Radley commented about recent rumors regarding groundwater quality Tigard Water District 2 July 30,2007 Draft due to a dump site identified as "Grab-horn" located on the adjacent side of the Tualatin River. Commissioner Russell was asked to discuss it as a "staff update on supply" agenda item at the next IWB meeting. Commissioner Radley also discussed upcoming training opportunities for board members. The board members agreed Commissioners Fowler, Cornick and Russell may attend the August 6, 2007 Special Districts training. 9. Non-Agenda Items Commissioner Henschel made a motion for Clark Balfour to be the legal representative of the TWD. There was a lengthy discussion by the board members and Mr. Balfour regarding the suspension of by-laws for brief time periods that would allow for an extension of the requirement date for legal representation. The board members further discussed the implications of taking such action. Several other agenda items were discussed while Mr. Balfour conferred with the written by-laws. Mr. Balfour reported back to the board that he was correct regarding rules relating to the suspension of by-laws within the TWD charter. Commissioner Fowler seconded the motion. The board approved Mr. Balfour as legal counsel. The motion was approved by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. Commissioner Henschel provided information to the board members regarding the Friends of Bull Mountain Sustainability Fair on September 15, 2007 and the opportunity for the TWD to have a booth to present information regarding water conservation. Commissioner Henschel made a motion to provide $250 for the fees related to the fair booth; Commissioner Fowler seconded the motion. The motion was approved by unanimous vote, with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. 10. Set Next Meeting Date-August 27, 2007, at 7:00 p.m., Water Building, 8777 SW Burnham Street, Tigard, Oregon The board members set the next meeting date for August 27, 2007, at 7:00 p.m. in the Water Building Auditorium. 11. Recess Regular Meeting and Convene Executive Session The regular meeting was recessed for 5 minutes break by Commissioner Radley at 9:00 p.m. Commissioner Radley reconvened the regular meeting at 9:10 p.m. and asked for any other non-agenda items. Commissioner Cornick made a motion to the board to make a formal request to Dennis Koellermeier to provide a tour of the water facilities within the Tigard Water Service Area. Commissioner Henschel seconded the motion. The board members agreed. John Goodrich indicated that he would present the request and make arrangements with those members wishing to participate in a future tour. The motion was approved by unanimous vote, with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. Executive Session -Real Property Transactions and Pending Litigation Tigard Water District 3 July 30,2007 Draft Commissioner Radley made a motion to recess the regular meeting and convene an executive session; Commissioner Russell seconded the motion. The motion was approved by unanimous vote, with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. John Goodrich was requested to not participate. Commissioner Radley announced the Board was going into executive session under ORS 192.660(e) and (h) after Mr. Balfour made a clarification regarding executive session rules and procedures. The board went into executive session at 9:20 p.m. The Board came out of executive session at 10:20 p.m. 12. Reconvene Regular Meeting and Consider Matters from Executive Session, if any Commissioner Radley reconvened the regular session. John Goodrich was invited back to resume staff support. The board members discussed further implications of the staff support transition. Mr.Balfour was instructed to contact the City of Tigard regarding an extension of support services and then to report back to the board. Further instruction was given by the board regarding the definition of services which will cease and perhaps an extension until the end of the calendar year. Commissioner Henschel asked how the legal counsel will communicate with the TWD board members. The board agreed that Commissioner Radley, as chairperson,would be the main contact at this time. Mr. Balfour and the board discussed provisions regarding special meeting requirements for public notification. There was a motion by Commissioner Henschel and seconded by Commissioner Fowler that the TWD vote against approval regarding the IWB lease agreement to be voted on at the next IWB meeting. The motion was approved by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. Mr. Balfour took possession of the written minutes and audio tape of the executive session. Commissioner Henschel made a formal complaint regarding the two different revised agendas with different Executive Session OAR rules printed. 13. Adjournment Commissioner Henschel made a motion for adjournment and Commissioner Fowler seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes. The meeting adjourned at 10:40 p.m. John Goodrich, Staff Liaison/Recorder Date: Tigard Water District 4 July 30, 2007 Draft • TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Tigard Water Building Auditorium 8777 SW Burnham Street,Tigard, Oregon Tuesday, August 14,2007 7:00 p.m. Members Present: Julie Russell, Ken Henschel,Kinton Fowler (by telephone), and Charles Radley Members Absent: Bert Cornick Staff Present: John Goodrich Visitors: Eileen Eakins, Phil Decker and Barbara Sherman 1. Call to Order, Roll Call and Introductions The Tigard Water District (TWD) meeting was called to order by Commissioner Radley at 7:02 p.m. Commissioners Radley, Russell, Henschel and Fowler (by telephone)were present. Commissioner Cornick was absent. 2. Public Comments Commissioner Radley asked that the board not take public comments due to time constraints for the evening. The board members present approved. There was a brief discussion with Mr. Decker(audience) regarding the board's decision to proceed without public comments. No public comments were taken. 3. Consider engaging additional legal counsel Commissioner Radley informed the board that additional counsel may be necessary after a discussion he had with Mr. Balfour regarding his services. Commissioner Radley introduced Ms. Eileen Eakins as a legal counsel for consideration. The discussion was opened for the board members. Commissioner Radley made a motion to retain Ms.Eakins as legal counsel for the Tigard Water District. Commissioner Russell seconded the motion. Commissioners Radley, Russell,Henschel and Fowler voted yes. The motion passed. Ms. Eakins then provided a "Consent to Legal Counsel" letter to the board. Ms. Eakins also discussed providing a provision that a letter of no conflict be signed by the City of King City,in which she may have been remotely involved with litigation. Commissioner Henschel motioned that the consent letter be signed by the Chairperson, Commissioner Russell seconded the motion. Commissioners Radley, Russell, Henschel and Fowler voted yes. The motion was passed and Commissioner Radley signed the consent letter. Tigard Water District 1 August 14,2007 Draft 4. Staff Support - Transition Plan Commissioner Radley discussed the current situation between the City of Tigard and the TWD and offered three key points of the IGA: meeting space, office space and storage space within the remodeled Water Building. Commissioner Henschel asked about the request for scope of services by the City. Commissioner Radley responded that there has been no progress reported at this time. The issue was deferred as an agenda item for the next regular meeting. 5. Non-agenda Items Compact discs containing the audio portion of the TWD June 25, 2007 meeting were provided to board members. The approval of the minutes from the June 25, 2007 meeting was deferred as an agenda item for the next regular meeting. Commissioner Russell asked that the TWD financial audit status be placed on the agenda for the next regular meeting. Commissioner Fowler agreed, as well as the rest of the board present. Commissioner Radley discussed the tour by water staff for the TWD board members. The board would be meeting in an "information session." Mr. Goodrich indicated that he will set up the tour once the board provides a date or dates for consideration. The board agreed. Commissioner Russell also asked about a problem with the City of Tigard Council meeting minutes that reflected incorrect information regarding the delay of the IWB approval vote for the Water Building lease agreement. The board suggested that she discuss it at the next IWB meeting. Mr. Goodrich asked about the status of the money approved for the Friends of Bull Mountain festival. Commissioner Radley asked that the City of Tigard hold the approved funds until clarification is received from festival coordinators that the fair will proceed. Commissioner Henschel thanked the guests that took time to come to the special meeting and asked that their comments wait to be expressed for the next regular meeting during "public comments." 6. Recess Special Meeting and Convene Executive Session Executive Session -Real Property Transactions, Exempt Public Records and Pending Litigation Commissioner Radley recessed the special meeting and convened an executive session; Commissioner Henschel read ORS 192.660(2)(e), (f) and (h) and the executive session was convened at 7:38 p.m. Mr. Goodrich was requested to not participate. The Board came out of executive session at 9:29 p.m. Tigard Water District 2 August 14, 2007 Draft 12. Reconvene Regular Meeting and Consider Matters from Executive Session, if any Commissioner Radley reconvened the special meeting at 9:29 p.m. Commissioner Radley asked for a motion to authorize Ms. Eileen Eakins to begin analysis of the legal issues discussed in today's executive session. Commissioner Henschel made the motion to do so and added that Ms. Eakins should report back to the board with her recommendations. Commissioner Russell seconded the motion and Commissioner Radley called for a vote. Commissioners Radley, Russell,Henschel and Fowler voted yes. The motion passed. 13. Adjournment Commissioner Radley asked for further comments; hearing none, he asked if there was a motion to adjourn. Commissioner Henschel made the motion and Commissioner Russell seconded. Commissioners Radley,Russell,Henschel and Fowler voted yes and the meeting was adjourned at 9:35 p.m. John Goodrich, Staff Liaison/Recorder Date: Tigard Water District 3 August 14,2007 Draft TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Tigard Water Building Auditorium 8777 SW Burnham Street,Tigard, Oregon Monday, August 20,2007 8:00 a.m. Members Present: Julie Russell, Bert Cornick, Ken Henschel, Kinton Fowler, and Charles Radley Members Absent: None Staff Present: John Goodrich and Joy Koss Visitors: Eileen Eakins, Barbara Sherman and Isador W. Morgavi 1. Call to Order, Roll Call and Introductions The Tigard Water District (TWD) meeting was called to order by Commissioner Radley at 8:02 a.m. All board members were present. 2. Recess Special Meeting and Convene Executive Session Executive Session -Real Property Transactions, Exempt Public Records and Pending Litigation Commissioner Radley recessed the special meeting and announced the board was going into executive session under ORS 192.660(2) (e), (f) and (h). The executive session was convened at 8:04 a.m. Mr. Goodrich and Ms. Koss did not participate. The board concluded executive session at 10:01 a.m. 3. Reconvene Special Meeting and Consider Matters From Executive Session,if any Commissioner Radley reconvened the Special Meeting at 10:02 a.m. Commissioner Henschel made a motion to authorize attorney Eileen Eakins to proceed with filing a legal action challenging the validity of the public meeting of the Tigard Water District held on June 25, 2007. Commissioner Fowler seconded the motion. Both Commissioner Russell and Commissioner Henschel attended the June 25, 2007 meeting. Commissioner Russell commented that the previous TWD board moved forward against the advice of their attorney. Commissioner Henschel further stated that all public entities need to follow the law. Hearing no other comments, Chair Radley called for a vote. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel,Fowler and Radley voting yes. Tigard Water District 1 August 20,2007 Draft Chair Radley made a request to have Mr. Goodrich disperse a check for a deposit of$1,000 to be • made payable to the Law Offices of Eileen Eakins,LLC. 4. Consider Commissioner Travel Expenses Chair Radley asked Mr. Goodrich to process a$75 bill from the Special Districts Association of Oregon for Commissioner Henschel to attend board training in Newport. Commissioners Russell and Fowler traveled to the Special Districts training in Salem and Commissioner Russell inquired about the process to be reimbursed for mileage. Mr. Goodrich responded reimbursement would be handled through TWD by submitting a request to the board. The TWD board would need to approve it and, after approved,Mr. Goodrich would process a check request. In response to Commissioner Russell's question about the amount, Mr. Goodrich stated the City of Tigard is currently using 48.5 cents per mile. Chair Radley commented that the TWD Board has been operating under the City of Tigard's financial rules as a convenience. 5. Non-agenda Items, if any Mr. Goodrich asked the TWD board to send all future correspondence to the City of Tigard directly to him. Mr. Goodrich announced he has been designated contact person and provided the board with his e-mail address. Chair Radley commented it appears the City of Tigard is going to continue supporting the TWD board for a while longer, at least for the August 27, 2007 meeting. Mr. Goodrich confirmed that was correct and that he will provide meeting support until the City of Tigard no longer provides that service. Commissioner Henschel inquired about the pending request for the City of Tigard to provide the TWD board with a detailed task list of those items that are considered to be "staff support." Chair Radley indicated that topic is on the agenda for the next meeting and that is one of the questions being handled at the attorney level (between Clark Balfour and Tim Ramis). Commissioner Henschel indicated it would be useful to have that information prior to the next meeting. Tigard Water District 2 August 20, 2007 Draft 6. Adjournment Commissioner Fowler made a motion to adjourn and Commissioner Russell seconded the motion. In response to a question asked by visitor Isador W. Morgavi, Chair Radley responded the board would not be hearing public comments at this meeting. Commissioner Henschel asked Chair Radley if a"Public Comments"item was on the agenda. Commissioner Henschel said the board typically did not hear public comments during Special Meetings. Commissioners Radley, Russell, Cornick, Henschel and Fowler voted in favor of adjourning the meeting. Hearing no objections, Chair Radley adjourned the meeting at 10:13 a.m. Joy Koss, TWD Recorder Date: Tigard Water District 3 August 20, 2007 Draft TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Tigard Public Library, Second Floor Conference Room 13500 SW Hall Blvd.,Tigard, Oregon Monday,June 25,2007 7:00 p.m. Members Present: Beverly Froude, George Rhine,Janet Zeider, and Charles Radley Members Absent: None Staff Present: Dennis Koellermeier, Roger Dawes, Greer Gaston, and Joy Koss Visitors: Clark Balfour,Bert Cornick, Ken Henschel, and Julie Russell 1. Call to Order, Roll Call and Introductions The Tigard Water District (TWD) meeting was called to order by Chair Froude at 7:04 p.m. All board members were in attendance. 2. Recognition of Commissioners Delphine, Froude, Rhine and Zeider Mr. Koellermeier recognized and thanked Tigard Water District Board members for their years of service and presented them with a clock (former board member,Marc Delphine, did not attend the meeting). 3. Approval of Minutes-May 14,2007 The minutes for the May 14, 2007 meeting were approved with a correction to the spelling of "Wakkila" on page 3. 4. Visitors Comments - See visitor comments under discussion topics. 5. Budget Adoption Process for Fiscal Year 2007-2008 Financial Operations Manager,Roger Dawes, explained that Oregon Revised Statues state Contingencies can only be 15 percent of total Materials and Services. In accordance,Mr. Dawes revised the original amount allocated to Contingency from $10,000 to $8,000, and put the remaining $2,000 in Ending Fund Balance. After questions were addressed, Commissioner Rhine motioned to approve Resolution No. 07-01 adopting the Fiscal Year 2007-08 Budget as presented; Commissioner Zeider seconded-the motion. The resolution was approved. Tigard Water District 1 June 25,2007 Draft NOTE: The following topics on the agenda were discussed out of sequence. 8. Water Supply Update -Dennis Koellermeier Mr. Koellermeier reported Bull Run, City of Portland, and the JWC systems have moved to stored water much earlier this year than normal. Mr. Koellermeier does not anticipate any problems occurring as a result of utilizing stored water earlier this year, nor does he anticipate any major components being off line for scheduled maintenance. Peak season usage is around 13-14 mgd. 11. Next Meeting Dates • • TWD Special Meeting at 7:00 p.m. on July 2,2007,at Tigard Public Library, Community Room • Intergovernmental Water Board (IWB) at 5:30 p.m. on July 11, 2007,at City Hall, Town Hall • Joint IWB, City Council and Lake Oswego Work Session on July 17, 2007,at City Hall, Town Hall 9. IWB Update- George Rhine/Janet Zeider Commissioner Rhine reported that most of the June 13,2007 IWB meeting pertained to the Resolution for the Tenancy In Common Agreements for the Tigard Water Building and the Canterbury site. Another issue discussed was leak credits for a couple of residents. In response to Chair Froude question if there were any conclusions drawn from that meeting, Commissioner Rhine said IWB members continued to feel that the Tenancy In Common Agreements were the right way to handle these particular items. A First Amendment to the Intergovernmental Agreement is required in order to execute them. That is why the topic has been brought back to Tigard Water District members to adopt and pass this Resolution. 6. Resolution 07-02 - Consider a resolution authorizing an amendment to the 1993 Intergovernmental Agreement, and the execution of Tenants In Common Agreements and Bargain and Sale Deeds for the Water Building and Canterbury properties. Chair Froude explained that the Board's goal for the meeting was to review the agreements and vote. Clark Balfour, attorney for the TWD,was present to summarize the main points of the documents and recapped the discussion the IWB had with regard to those documents at their June 13, 2007, meeting. Mr. Balfour explained that with the Tenancy In Common Agreement, each partner of the IWB would have a vested interest in property. For instance, Tigard would hold 70% ownership and the TWD would hold 22% ownership. He also explained that the documents change how property transactions are dealt with in that if there is no written agreement, changes in property ownership would now require a simple majority vote versus a unanimous consent of the IWB, as before. Tigard Water District 2 June 25,2007 Draft Mr. Balfour then addressed a number of questions from the Board and visitors, related to lease rates and proposed language in the documents. Visitors Henschel and Russell expressed concern about the new documents and urged the Board to delay voting. Another concern was raised about meeting notices and whether or not this and previous TWD Board meetings were properly noticed. Mr. Balfour explained that the Board should consider publishing their notices versus the past practice of posting. After further discussion, Commissioner Rhine posed a motion to approve and adopt Resolution 07-02, with a second by Commissioner Zeider. The Board voted in favor of the motion 3:1; Commissioner Radley, who expressed displeasure with the motion,voted against. 7. Oregon Law ORS 198.320 The Board discussed the time requirements for appointing a new Commissioner for replacement of Marc Delphine. Mr. Balfour explained that the Statute does not dictate a time limit for doing this and does not lay out a process. The Board is under no obligation to fill the position. Note: Commissioner Radley left the meeting at 9:16 p.m. The remaining Board members elected to defer action on this point, as the vacant position will be filled as of July 1, 2007. 10. Non-Agenda Items Ken Henschel requested public notice in the newspaper and postings for the Special Meeting scheduled for July 2,2007. Mr. Koellermeier announced information for registering new members for the Special Districts Association of Oregon needed to be submitted to staff for processing. 11. Adjournment Commissioner Rhine motioned to adjourn, Commissioner Zeider seconded the motion,and the board voted unanimously to adjourn the meeting at 9:47 p.m. Joy Koss, TWD Recording Secretary Date: Tigard Water District 3 June 25,2007 Draft Distributed to TWD Members rVVHJI711�I fia: ❑E-mail "� ail ❑r4 In-person at meeting �IV1. JVill OREGON June 5, 2007 To: David Wells, City of King City Dennis Koellermeier, Tigard Water District Alec Jensen, Tualatin Valley Fire &Rescue Carrie Pak, Clean Water Services Tom Coffee, City of Tigard Melissa Hardy, City of Tualatin Ray Valone, Metro Jillian Detweiler, TriMet From: Robert Davis, C %Administrator Subject: Final King City Urban Service Agreement The outstanding issues to finalize the King City Urban Service Agreement have been resolved and the agreement is now ready to be adopted. The final changes addressed the text for the law enforcement exhibit and a wording correction. The word"afflicted"was changed to"affected" in the third recital on page 2. Two copies of the final agreement are enclosed for action by your elected officials. Please return one copy of the signed agreement to Linda Schroeder at the address shown below. The second copy is for your records. We will send you a copy of the fully executed agreement when we have received signed copies of the agreement from all parties. A summary of the agreement's key provisions is also enclosed. Return one signed copy to Washington County Attn: Linda Schroeder DLUT—Planning Division 155 N. First Avenue, Suite 350-14 Hillsboro, OR 97124-3072 If you have questions,please contact Linda Schroeder at 503-846-3962. S:\PIng\WPSHARE\SB122\King City USA\Urban Service Agreement\transmittal_for_Final_KCUSA.doc County Administrative Office 155 North First Avenue,Suite 300, MS 21, Hillsboro, OR 97124-3072 phone:(503)846-8685•fax:(503)846-4545 1116 .....4.c.1&.41:43.3/4,10. 1‘111' ..,lipiwo.--(;:.\----- ,- . /- ` oou � I I. ' , �Wffli ; _ = 1v! � �v.,./''',.,- i. '�' * in . .. N � ; �� _ 11% " rill * � s. - iL `. �' i isr. `' yIs �B Minas ■ Yiiit 0 ( p ' e ' - : City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 July 30, 2007 • .: T I GARD Charles Radley Tigard Water District Chairperson 15729 SW Colyer Way Tigard, OR 97224 Re: King City Urban Services Agreement Future Agenda Item Dear Charles, Attached is a copy of the newly created Urban Services Agreement for King City to which the Tigard Water District is a signatory. I draw your attention to Exhibit G, which is intended to describe the relationship that currently exists between King City and the District. It goes on to describe the relationship between the parties in the future. This agreement needs to be added to an upcoming agenda for the Board's consideration. The author of the document is Joanne Rice, Senior Planner for Washington County. She would be a good contact should you desire additional information. I have not forwarded this to Attorney Balfour for review. Please feel free to contact me should you have any questions. Sincerely, Dennis Koellermeier Public Works Director c: Joanne Rice Linda Schroeder Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Distributed to TWD Members Via: DE-mail ,Mail L In-person at meeting KING CITY URBAN SERVICE AGREEMENT This AGREEMENT is made and entered into by and between Washington County, a municipal corporation of the State of Oregon, including its services districts other than Clean Water Services,hereinafter"COUNTY",the City of King City, a municipal corporation of the State of Oregon,hereinafter"CITY",the City of Tigard, a municipal corporation of the State of Oregon, hereinafter"TIGARD", the City of Tualatin, a municipal corporation of the State of Oregon, hereinafter"TUALATIN",Metro, a metropolitan service district of the State of Oregon, hereinafter"METRO", and the following Special Districts of the State of Oregon,hereinafter "DISTRICT(S)". Clean Water Services ("CWS"); Tigard Water District("TWD"); TriMet("TRIMET"); and Tualatin Valley Fire and Rescue District("TVF&R") RECITALS WHEREAS, ORS 195.025(1)requires METRO,through its regional coordination responsibilities,to review urban service agreements and planning activities within the COUNTY affecting land use, including planning activities of the COUNTY,cities, special districts and state agencies; and WHEREAS, ORS 195.020(4)(e)requires cooperative agreements to specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and WHEREAS,the parties have entered into cooperative agreements for fire and life safety,water, parks,recreation,open space, sanitary sewer,and surface water services,which are consistent with ORS 195.020; and WHEREAS,ORS 195.065(1)requires units of local government that provide an urban service within an urban growth boundary to enter into an urban service agreement(s)that specify(a)the unit of government that will deliver urban services, (b)the functional role of each service provider,(c)the future service area, and(d)the responsibilities for planning and coordination of services. ORS 195.065(5) authorizes one or a series of urban service agreements with service providers to fulfill the requirements of ORS 195.065(1); and WHEREAS, ORS 195.065(1)and(2)require that the COUNTY shall be responsible for: 1. Convening representatives of all cities and special districts that provide or declare an interest in providing an urban service inside an urban growth boundary within the county that has a population greater than 2,500 persons for the purpose of negotiating an urban service agreement; 2. Consulting with recognized community planning organisations within the area affected by the urban service agreement; and 3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable King City Urban Service Agreement June 4,2007 Page 1 Metro's review; and WHEREAS, ORS 195.075(1)requires urban service agreements to provide for the continuation of an adequate level of urban services to the entire area that each provider serves; and WHEREAS,ORS 195.075(1)requires that if an urban service agreement calls for significant reductions in territory of a special service district,the agreement shall specify how the remaining portion of the district is to receive services in an affordable manner; and WHEREAS, ORS 195.205 to 195.235 grant authority to cities and districts(as defined by ORS 198.010)to annex lands within an urban growth boundary, subject to voter approval, if the city or district enacts an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.145 to 195.235, 197.005, 197.319, 197.320, 197.335,and 223.304,and if the city or district has entered into urban service agreements with the county, cities and special districts which provide urban services within the affected area; and WHEREAS,pursuant to ORS 195.065(3),decisions on a local government structure to be used to deliver an urban service under ORS 195.070 are not land use decisions under ORS 197.015; and WHEREAS, ORS 197.175 requires cities and counties to prepare, adopt, amend, and revise their comprehensive plans in compliance with statewide planning goals, and enact land use regulations to implement their comprehensive plans; and WHEREAS, Statewide Planning Goals 2, 11,and 14 require cities and counties to plan,in cooperation with all affected agencies and special districts,for the urbanization of lands within an urban growth boundary, and ensure the timely,orderly, and efficient extension of public facilities and urban services; and WHEREAS, the Tigard Urban Service Agreement was adopted in February 2003.There is no territory in the Tigard Urban Service Area that will be affected by the AGREEMENT; and WHEREAS,there is no territory in TUALATIN's urban planning area that will be affected by the AGREEMENT. NOW,THEREFORE, the premises being in general as stated in the foregoing recitals,it is agreed by and between the parties hereto as follows: I. ROLES AND RESPONSIBILITIES A. Parties to this AGREEMENT shall provide land use planning notice to each other in accordance with the provision of the"Cooperative Agreements,"developed in compliance with ORS 195.020. The applicable Cooperative Agreements and their effective dates are described below. 1. Cooperative Agreement for Fire and Life Safety Services with TVF&R. The agreement's effective date for TVF&R is October 13, 1997;the effective date for the CITY is October 2, 1997;the effective date for the COUNTY is October 14, 1997. King City Urban Service Agreement June 4,2007 Page 2 2. Cooperative Agreement for Water Supply Services with the Tigard Water District (TWD). The agreement's effective date for TWD is December 19, 1997; the effective date for the CITY is October 2, 1997; the effective date for the COUNTY is October 14, 1997. 3. Cooperative Agreement for Wastewater and Surface Water with CWS, formerly known as the Unified Sewerage Agency. The agreement's effective date for CWS is January 20, 1998; the effective date for the CITY is October 2, 1997;the effective date for the COUNTY is October 14, 1997. B. The parties to this AGREEMENT are designated as the appropriate providers of services to the citizens residing within their boundaries as specified in this AGREEMENT. C. The CITY is designated as the appropriate provider of services to citizens residing within its boundaries and to unincorporated areas subject to this AGREEMENT as shown on Map A,except for those services that are to be provided by another party as specified in this AGREEMENT. D. The CITY and COUNTY will be supportive of annexations to the CITY over time. E. The COUNTY and DISTRICTS will not oppose annexations to the CITY over time consistent with the provisions of this AGREEMENT and Oregon State Statutes. F. Pursuant to ORS 195.205,the CITY and DISTRICTS reserve the right and may, subsequent to the enactment of this AGREEMENT,develop an annexation plan or plans in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220. G. The COUNTY shall have the responsibility for convening representatives for the purpose of amending this AGREEMENT,pursuant to ORS 195.065(2)(a). II. AGREEMENT COORDINATION A. Existing intergovernmental agreements that are consistent with this AGREEMENT shall remain in force. This AGREEMENT shall control provisions of existing intergovernmental agreements that are inconsistent with the terms of this AGREEMENT. This AGREEMENT does not preclude any party from amending an existing intergovernmental agreement or entering into a new intergovernmental agreement with one or more parties for a service addressed in this AGREEMENT,provided such an agreement is consistent with the provisions of this AGREEMENT. Except as provided in Exhibit F, such amendments and new intergovernmental agreements shall be consistent with the provisions of this AGREEMENT and the requirements of ORS 195.065 to 195.080. B. The CITY and COUNTY have entered into an intergovernmental agreement called the Washington County—King City Urban Planning Area Agreement, which defines the urban planning area of the CITY and describes how the CITY and COUNTY coofdinate comprehensive planning and development. The Urban Planning Area Agreement shall be revised to be consistent with this AGREEMENT. King City Urban Service Agreement June 4,2007 Page 3 C. CITY and COUNTY shall endeavor to take all action necessary to cause their comprehensive plans to be amended to be consistent with this AGREEMENT within twelve months of execution of this AGREEMENT,but no later than sixteen months from the date of execution. III. AREA AFFECTED BY AGREEMENT This AGREEMENT applies to the King City Urban Service Area(KCUSA) as shown on Map A. The northern boundary of the KCUSA is the centerline of Beef Bend Road. The eastern boundary is the western right of way line of Hwy. 99W. The southern boundary is the centerline of the Tualatin River. The western boundary is the January 1, 2006 Regional Urban Growth Boundary(UGB). Tax Lots 1300, 1400 and 1500,Tax Map 2S1 16DC are not in the KCUSA because they are located outside of the UGB. IV. ESTABLISHING COMMON BOUNDARIES FOR URBAN SERVICES A. The common boundary between the King City and Tigard Urban Service Areas is the centerline of Beef Bend Road and the western right of way line of Hwy. 99W, as shown on Map A. The designated service providers to each urban service area are identified in the respective urban service agreements. TIGARD, which is not a service provider to the KCUSA, is a party to the AGREEMENT solely for the purpose of designating the common boundary between these urban service areas. B. The common boundary between the King City Urban Service Area and TUALATIN's urban planning area is the center line of the Tualatin River as shown on Map A. TUALATIN,which is not a service provider to the KCUSA, is a party to the AGREEMENT solely for the purpose of designating the common boundary between the KCUSA and TUALATIN's urban planning area. V. URBAN SERVICE PROVIDERS A. The service provisions of this AGREEMENT,as described in Exhibits A through G, establish the service providers and elements of urban services for the geographic area covered in this AGREEMENT. B. The following urban services are addressed in this AGREEMENT: 1. Fire Protection and Emergency Services (Exhibit A); 2. Public Transit(Exhibit B); 3. Law Enforcement(Exhibit C); 4. Parks,Recreation, and Open Space(Exhibit D); 5. Roads and Streets(Exhibit E); 6. Sanitary Sewer and Storm Water(Exhibit F); and King City Urban Service Agreement June 4,2007 Page 4 7. Water Service(Exhibit G). VI. ASSIGNABILITY No assignment of any party's rights or obligations under this AGREEMENT to a different,new or consolidated or merged entity shall be effective without the prior consent of the other parties affected thereby. VII. EFFECTIVE DATE OF AGREEMENT This AGREEMENT shall become effective upon full execution by all parties. VIII. TERM OF THE AGREEMENT This AGREEMENT shall continue to be in effect as long as required under state law. The COUNTY shall be responsible for convening the parties to this AGREEMENT for the review or modification of this AGREEMENT,pursuant to Section IX. IX. PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT A. The parties shall periodically review the provisions of this AGREEMENT in order to evaluate the effectiveness of the processes set forth herein and to propose any necessary or beneficial amendments to address considerations of ORS 195.070 and ORS 195.075. B. Any party may propose modifications to this AGREEMENT to address concerns or changes in circumstances. C. This AGREEMENT may only be changed by written consent of all affected parties. Amendments to the exhibits of this AGREEMENT may be made upon written consent of the parties identified in each exhibit. D. The periodic review of this AGREEMENT and all proposed modifications to this AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic review of this AGREEMENT and all proposed modifications shall be considered in a timely manner and all parties shall receive notice of any proposed amendment. Only those parties affected by an amendment shall sign the amended agreement. E. Any party to this AGREEMENT who proposes a formation,merger,consolidation, dissolution,or other major boundary change shall notify all other parties of the availability of the reports or studies required by Oregon State Statutes to be prepared as part of the proposal. F. Amendments to this AGREEMENT that include boundary changes shall comply with all applicable law,including but not limited to Oregon State Statutes and Chapter 309 of the METRO Code or its successor. If necessary,the METRO boundary.appeals process shall be used to resolve conflicts between parties. King City Urban Service Agreement June 4,2007 Page 5 X. DISPUTE RESOLUTION If a dispute arises between or among the parties regarding breach of this AGREEMENT or interpretation of any term thereof,those parties shall first attempt to resolve the dispute by negotiation prior to any other contested case process. If negotiation fails to resolve the dispute, the parties agree to submit the matter to non-binding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 —Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step,there shall be a written determination of such resolution signed by each manager,which shall be binding upon the parties. Step 2—Mediation. If the dispute cannot be resolved within 30 days of initiation of Step 1, a party shall request in writing that the matter be submitted to non-binding mediation. The parties shall use good faith efforts to agree on a mediator. If they cannot agree,the parties shall request a list of five mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided,but if they cannot agree, each party shall select one name and the two mediators shall jointly select a third mediator. The dispute shall be heard by the third mediator and any common costs of mediation shall be borne equally by the parties,who shall each bear their own costs and fees therefore. If the issue is resolved at this step, then a written determination of such resolution shall be signed by each manager and shall be binding upon the parties. Step 3—Arbitration. After exhaustion of Steps 1 and 2 above,the matter shall be settled by binding arbitration in Washington County, Oregon pursuant to ORS 190.710-790 or as the parties may agree otherwise. The arbitration shall be before a single arbitrator. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. The decision shall be issued within 60 days of arbitration. The parties acknowledge that the arbitrator shall have no authority to decide a legislative or quasi-judicial land use issue. XI. SEVERABILITY CLAUSE If any portion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct,and independent provision and such holding shall not affect the validity of the remaining portions of this AGREEMENT. XII. SIGNATURES OF PARTIES TO AGREEMENT In witness whereof,this AGREEMENT is executed by the authorized representatives of the COUNTY,CITY,DISTRICTS, TIGARD, TUALATIN and METRO. The parties, by their representative's signature to this AGREEMENT, signify that each has read the AGREEMENT,understands its terms, and agrees to be bound thereby. King City Urban Service Agreement June 4,2007 Page 6 CITY OF KING CITY By: Ron Shay,Mayor Date King City Urban Service Agreement June 4,2007 Page 7 CITY OF TIGARD By: Craig Dirksen,Mayor Date King City Urban Service Agreement June 4,2007 Page 8 CITY OF TUALATIN By: Lou Ogden,Mayor Date King City Urban Service Agreement June 4,2007 Page 9 CLEAN WATER SERVICES By: Tom Brian, Chair Date Board of Directors Approved as to Form: By: District Counsel King City Urban Service Agreement June 4,2007 Page 10 METRO By: Council President Date King City Urban Service Agreement June 4,2007 Page 11 TIGARD WATER DISTRICT By: President Date Board of Directors King City Urban Service Agreement June 4,2007 Page 12 TRIMET By: General Manager Date King City Urban Service Agreement June 4,2007 Page 13 TUALATIN VALLEY FIRE AND RESCUE DISTRICT By: Chairman,Board of Directors Date • King City Urban Service Agreement June 4,2007 Page 14 WASHINGTON COUNTY By: Tom Brian, Chair Date Board of Commissioners Approved as to Form: By: County Counsel King City Urban Service Agreement June 4,2007 Page 15 • EXHIBIT A PROVISIONS OF AGREEMENT FOR FIRE PROTECTION AND PUBLIC EMERGENCY SERVICES TUALATIN VALLEY FIRE AND RESCUE DISTRICT, CITY and COUNTY agree: 1. That TVF&R is and shall continue to be the sole provider of fire protection services to the King City Urban Service Area(KCUSA) shown on Map A. 2. That TVF&R,CITY and COUNTY are and shall continue to provide emergency management response services to the KCUSA. 3. That TVF&R is and shall continue to be the sole provider of all other public emergency services to the KCUSA, excluding law enforcement services. King City Urban Service Agreement June 4,2007 Page 16 EXHIBIT B PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE TRIMET, CITY,COUNTY and METRO agree: 1. That TRIMET,pursuant to ORS Chapter 267, is currently the sole provider of public mass transit to the King City Urban Service Area(KCUSA)shown on Map A. Future options for public mass transit services to the KCUSA may include public/private partnerships to provide rail or other transit service, CITY operated transit service, and transit service by one or more public agency to all or part of the area. 2. That TRIMET shall work with the COUNTY,CITY, and METRO to provide efficient and effective public mass transit services to the KCUSA. King City Urban Service Agreement June 4,2007 Page 17 EXHIBIT C PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT COUNTY and CITY agree that: 1. As annexations occur within the King City Urban Service Area shown on Map A,the CITY's annexation ordinance shall withdraw the area from the Enhanced Sheriffs Patrol District and the City shall provide law enforcement services. 2. The Sheriff's Office will consider requests to provide law enforcement services to the City on a contractual basis consistent with the County's law enforcement contracting policy. 3. For the purposes of this Agreement,the County/Sheriffs Office and City shall work together and with other cities to define the level of service being provided to residents of all local jurisdictions in the County. King City Urban Service Agreement June 4,2007 Page 18 EXHIBIT D PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE CITY, COUNTY, and METRO agree: 1. That the CITY shall be the designated provider of park,recreation and open space services to the King City Urban Service Area(KCUSA) shown on Map A. Actual provision of such services by the CITY to lands within the KCUSA is dependent upon lands being annexed to the CITY. 2. That standards for park,recreation, and open space services within the KCUSA will be as described in the CITY'S park master plan. 3. That upon adoption of its park master plan,the CITY shall address all the lands within the KCUSA. 4. That the CITY and COUNTY will coordinate with Metro to investigate funding sources for acquisition and management of parks,which serve a regional function. 5. That Metro may own and be the provider of region-wide parks,recreation and open space facilities within the KCUSA. Metro Greenspace and Parks facilities typically are to serve a broader population base than services provided to residents of the KCUSA by the CITY. Where applicable,the CITY,COUNTY, and METRO will coordinate park and recreation facility development,management and services. King City Urban Service Agreement June 4,2007 Page 19 EXHIBIT E PROVISIONS OF AGREEMENT FOR ROADS AND STREETS CITY and COUNTY agree: 1. Existing Conditions and Agreements A.The COUNTY shall continue to retain jurisdiction over arterials and collectors within the King City Urban Service Area(KCUSA)that are specified on the COUNTY-wide roadway system in the Washington County Transportation Plan. The CITY shall accept responsibility for public streets, local streets,neighborhood routes and collectors and other streets and roads that are not part of the COUNTY-wide road system within its boundaries upon annexation if the street or road meets the agreed upon standards described in Section 2.0 (2)below. Currently,the arterial and collectors in the KCUSA are not part of the COUNTY-wide roadway system. B. The COUNTY and CITY agree to share equipment and services with emphasis on tracking of traded services and sharing of equipment without resorting to a billing system, and improved scheduling of services. Additionally,the COUNTY and CITY shall work to improve coordination between the jurisdictions so that the sharing of equipment and services is not dependent on specific individuals within each jurisdiction. The COUNTY and CITY shall establish a uniform accounting system to track any sharing and provision of services. C. Upon annexation to the CITY,the annexed area shall no longer be served by the Urban Road Maintenance District(URMD). The CITY's annexation ordinance shall withdraw the area from URMD so that the property owners will not be assessed the URMD's tax rate. D. Upon annexation to the CITY,the CITY shall automatically assume responsibility for street lighting on public streets and COUNTY streets and roads that will be transferred to the CITY due to the annexation. The COUNTY shall inform PGE when there is a change in responsibility for street lighting. When the annexed area is part of the Washington County Service District for Street Lighting No. 1,the CITY's annexation ordinance shall withdraw the area from that district. 2. Road Transfers Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY. A. Road transfers shall include the entire right-of-way and proceed in a logical manner that prevents the creation of segments of COUNTY roads within the CITY'S boundaries.For Beef Bend Road,where the right of way will be divided between two cities along the centerline as noted in Sections III and N,jurisdiction will be transferred when the full King City Urban Service Agreement June 4,2007 Page 20 width of the right of way is within the adjacent cities. The jurisdiction of Beef Bend Road will be transferred when the full width of the right of way is within the adjacent city as described in Sections III and IV of this AGREEMENT. B. Within thirty days of annexation,the CITY will initiate the process to transfer jurisdiction of COUNTY and public streets and roads within the annexed area, including local streets, neighborhood routes, collectors and other roads that are not on the COUNTY-wide road system. The transfer of roads should take no more than one year from the effective date of annexation. C. The COUNTY: (1) To facilitate the road transfer process,the COUNTY will prepare the exhibits that document the location and condition of streets to be transferred upon receipt of a transfer request from the CITY. (2) Prior to final transfer,the COUNTY: a. Shall complete any maintenance or improvement projects that have been planned for the current fiscal year or transfer funds for those projects to the CITY. b. Shall provide the CITY with any information it may have about any neighborhood or other concerns about streets or other traffic issues within the annexed area. This may be done by providing copies of COUNTY project files or other documents or through joint meetings of CITY and COUNTY staff members. c. Shall make needed roadway improvements so that all individual roads or streets within the area to be annexed have a pavement condition index(PCI) of more than 40 and so that the average PCI of streets and roads in the annexed area is 75 or higher. As an alternative to COUNTY-made improvements,the COUNTY may pay the CITY'S costs to make the necessary improvements. d. Shall inform the CITY of existing maintenance agreements,Local Improvement Districts established for road maintenance purposes, and of plans for maintenance of transferred roads. The COUNTY shall withdraw the affected territory from any road maintenance LIDs formed by the COUNTY. D. The CITY: (1) Agrees to accept all COUNTY roads and streets as defined by ORS 368.001(1) and all public roads within the annexed area that are not part of the COUNTY-wide road system,provided the average PCI of all COUNTY and public roads and streets that the CITY is to accept is 75 or higher as defined by the COUNTY'S pavement management system. If any individual COUNTY or public street or road that the CITY is to accept within the area has an average PCI of 40 or less at the time of annexation,the CITY shall assume jurisdiction of the road or street only after-the COUNTY has complied with Section 2.C.(2) of this exhibit. King City Urban Service Agreement June 4,2007 Page 21 (2) Shall,in the event the transfer of roads does not occur soon after annexation, inform the newly annexed residents of this fact and describe when and under what conditions the transfer will occur and how maintenance will be provided until the transfer is complete. E. The CITY shall be responsible for the operation,maintenance and construction of roads and streets transferred to the CITY as well as public streets annexed into the CITY. CITY road standards shall be applicable to transferred and annexed streets. The CITY shall also be responsible for the issuance of access permits and other permits to work within the right-of-way of those streets. 3. Road Design Standards and Review Procedures and Storm Drainage The CITY and COUNTY shall agree on: A. The CITY and COUNTY urban road standards and Clean Water Service standards that will be applicable to the construction of new streets and roads and for improvements to existing streets and roads that eventually are to be transferred to the CITY,and streets and roads to be transferred from the CITY to the COUNTY; B. The development review process and development review standards for COUNTY and public streets and roads within the KCUSA, including COUNTY streets and public streets and roads that will become CITY streets, and streets and roads that are or will become part of the COUNTY-wide road system; and C. Maintenance responsibility for the storm drainage on COUNTY streets and roads within the KCUSA in cooperation with Clean Water Services. 4. Review of Development Applications and Plan Amendments A. The COUNTY and CITY, in conjunction with other Washington County cities and the Oregon Department of Transportation(ODOT), shall agree on a process(es) and review criteria(e.g.,types and levels of analysis)to analyze and condition development applications and plan amendments for impacts to COUNTY and state roads. B. The review process(es),review criteria, and criteria to condition development and plan amendment applications shall be consistent with the Oregon Highway Plan,the Regional Transportation System Plan,COUNTY and CITY Transportation Plans and Chapter 6 of METRO'S Urban Growth Management Functional Plan. 5. Maintenance Cooperation A. The COUNTY and CITY shall consider developing an Urban Road Maintenance Agreement within the KCUSA area for the maintenance of COUNTY and CITY facilities. B. The COUNTY and CITY,in conjunction with other Washington County cities,shall develop a set of minimum right-of-way maintenance standards and levels of activity to be King City Urban Service Agreement June 4,2007 Page 22 V used in performance of services provided under the exchange of services agreement described above in Section 5.A. C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and roads within the KCUSA utilizing an agreed upon billing system. 6. Implementation Within one year of the effective date of this AGREEMENT,the CITY and COUNTY agree to develop a schedule that describes when the provisions of this exhibit shall be implemented. King City Urban Service Agreement June 4,2007 Page 23 EXHIBIT F PROVISIONS OF AGREEMENT FOR SANITARY SEWER AND STORM WATER MANAGEMENT CLEAN WATER SERVICES (CWS), CITY and COUNTY agree: • 1. As a county service district organized under ORS 451, CWS has the legal authority for the sanitary sewage and storm water(surface water)management within the CITY and the urban unincorporated area. CWS develops standards and work programs, is the holder of the National Pollutant Discharge Elimination System(NPDES)Permit, and operates the sanitary sewage treatment plants. 2. Consistent with Section 1 above, the operating agreement between the CITY and CWS describes the local sanitary sewer and storm water services tasks each party performs within the CITY. This agreement shall be modified by the CITY and CWS on an as-needed basis. 3. CWS responsibilities for the King City Urban Service Area under the current CITY/CWS operating agreement are: A. Operation,maintenance and repair of the sewer and storm water systems,including the inspection,installation and rehabilitation of sewer and storm water facilities, engineering plan review and issuance of necessary permits; and B. Master and watershed planning. (1) Watershed plans prepared by CWS for storm water management shall address the major collection system as well as the open-channel system to identify projects for funding; and (2) The CITY will be permitted to conduct such planning as long as such plans meet CWS standards. CWS and the CITY shall use uniform standards, such as computer modeling,to conduct such studies. CWS and the CITY shall determine their respective cost-sharing responsibility for conducting such studies. 4. CWS and the CITY,in conjunction with other Washington County cities using the City/District Committee established by CWS, shall develop uniform procedures for the coordination and participation between CWS,the CITY and other cities when doing master and watershed planning. King City Urban Service Agreement June 4,2007 Page 24 Y EXHIBIT G PROVISIONS OF AGREEMENT FOR WATER SERVICE TIGARD WATER DISTRICT(TWD),CITY and COUNTY agree: 1. Supply: A. TWD shall continue to provide water service to all unincorporated properties in the King City Urban Service Area(KCUSA)pursuant to the Intergovernmental Agreement between TWD and TIGARD effective January 1, 1994. The CITY shall be the water provider to the incorporated area of the KCUSA pursuant to the Intergovernmental Agreement between CITY and TIGARD effective January 1, 1994. Properties that annex to the CITY shall be withdrawn from the TWD and water service shall then be provided by the CITY. B. Future supply and conservation issues between the CITY,TWD and TIGARD may be addressed through the Intergovernmental Water Board established by the IGAs to the extent reasonable and practicable for these water providers. Future supply and conservation issues may also be addressed through the Regional Water Consortium (Consortium) to the extent reasonable and practicable for water providers in Washington County. Water providers in the KCUSA shall also participate in the Consortium and may use it as a forum for raising, discussing and addressing supply issues. C. The Consortium may also serve as a forum to discuss and resolve water political issues to the extent reasonable and practicable for water providers in Washington County. The Consortium is an appropriate forum to bring elected officials together and for promoting more efficient working relationships on water supply and conservation issues. D. Intergovernmental agreements shall address ownership of interconnections between CITY and TWD sources for the purpose of wholesale provision of water from one entity to the other,for emergency use, or in the case of a boundary change that involves the site of the interconnection. 2. Maintenance/Distribution: A. TWD and the CITY do not anticipate any events in the foreseeable future that would necessitate maintenance,rehabilitation or replacement beyond the fmancial reach of any of the water providers in the KCUSA. Each provider will continue to be responsible for providing the financial revenue stream through rates and charges and to accrue adequate reserves to meet foreseeable major maintenance needs in the KCUSA. B. TWD, CITY, and COUNTY agree to maintain and participate in the Cooperative Public Agencies of Washington County in order to efficiently share and exchange equipment and services. King City Urban Service Agreement June 4,2007 Page 25 C. To the extent reasonable and practicable,TWD, TIGARD and the CITY shall coordinate state-mandated underground utility locating services to efficiently provide service within the urban service area. D. TWD,TIGARD and CITY agree to provide to one another copies of as-builts of existing and new facilities and other types of water system maps for the purposes of facilitating planning, engineering and design of other utilities or structures that may connect, intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate such mapping into its GIS mapping system of utilities and other facilities. TWD, TIGARD and CITY agree to develop and maintain a common, ongoing,up-to-date GIS mapping system showing water facilities within the KCUSA. 3. Customer Service/Water Rates: A. Price of supply and bonded indebtedness will most likely have the greatest impact on rates. B. TWD and the CITY believe that rates are equitable within the KCUSA. C. Given adequate water pressure,the level and quality of service should not be an issue for most customers. 4. Withdrawal/Annexation/Merger: Modifications to the current jurisdictional boundary of a water provider shall comply with the provisions of Sections IX. E. and F. and any applicable law, including but not limited to State Statutes and the METRO Code. TWD and the CITY shall continue to work together to adjust boundaries as appropriate to improve the cost-effectiveness and efficiency of providing service. wpshare\SB122\King City\USA\Urban Service Agreement\Final_KCUSA_6-04-07.doc King City Urban Service Agreement June 4,2007 Page 26 4u 1 • .0_1 i i ti...-c,.., �LL///�, i 1� . ii IUM�, � ,�� ♦ -) r i al;l� : .t= ,n� � N ai 'eon *%1 ► ST fir" ; WASHINGTON COUNTY OREGON July 9, 2007 To: David Wells, City of King City Dennis Koellermeier, Tigard Water District Alec Jensen, Tualatin Valley Fire &Rescue Tom Coffee, City of Tigard Melissa Hardy, City of Tualatin Ray Valone, Metro Jillian Detweiler, TriMet From: Robert Davis, 110, Administrator Subject: Addendum to King City Urban Service Agreement After preparation and distribution of the final King City Urban Service Agreement (KCUSA) for adoption by the affected local governments, the City of Tualatin requested further clarification of their role as a party to the agreement. An addendum to the KCUSA was written to clarify that the City of Tualatin is bound by the KCUSA only for purposes of designating the common boundary between the King City Urban Service Area and Tualatin's urban planning area and the City has no other obligations or responsibilities regarding the remaining portions of the agreement. Two copies of this addendum are enclosed for action by your elected officials. Please return one copy of the signed addendum to Linda Schroeder at the address shown below. The second copy is for your records. We will send you a copy of the fully executed KCUSA and addendum when we have received signed copies of both documents from all parties. • Return one signed conn to Washington County Attn: Linda Schroeder DLUT—Planning Division 155 N. First Avenue, Suite 350-14 Hillsboro, OR 97124-3072 If you have questions, please contact Linda Schroeder at 503-846-3962. S:\PLNG\WPSHARE\SBI22\KING CITY\USA\Urban Service AgreementlFinal USAUCCUSA_Addendum\transmittal_for KCUSA_Addendumdoc County Administrative Office 155 North First Avenue, Suite 300, MS 21, Hillsboro, OR 97124-3072 phone:(503)846-8685•fax:(503)846-4545 Distributed to TWD Members Via: 0E-mail f 'Mail O In-person at meeting ADDENDUM TO KING CITY URBAN SERVICE AGREEMENT This ADDENDUM to the King City Urban Service Agreement ("KCUSA" or "AGREEMENT")is made and entered into by and between Washington County, a municipal corporation of the State of Oregon, including its service districts other than Clean Water Services, hereinafter "COUNTY", the City of King City,municipal corporation of the State of Oregon, hereinafter"CITY", the City of Tigard,municipal corporation of the State of Oregon, hereinafter"TIGARD",the City of Tualatin, municipal corporation of the State of Oregon,hereinafter"TUALATIN",Metro, a metropolitan service district of the State of Oregon, hereinafter"METRO",and the following Special Districts of the State of Oregon, hereinafter"DISTRICTS": Clean Water Services ("CWS"); Tigard Water District ("TWD"); TriMet ("TRIMET"); and Tualatin Valley Fire and Rescue District(TVF&R") RECITALS WHEREAS, Section IV(B)of the KCUSA states that TUALATIN is a party to that AGREEMENT solely for the purpose of designating the common boundary between the KCUSA and TUALATIN's urban planning area; WHEREAS, certain Sections of the KCUSA use the term"parties" or"any party" or other variations without expressly excluding TUALATIN creating some ambiguity as to whether TUALATIN is bound by the KCUSA other than for the purpose of designating the common boundary between the KCUSA and TUALATIN's urban planning area; WHEREAS, TUALATIN and the parties wish to clarify that TUALATIN is a party to the KCUSA solely for the purpose discussed under Section IV(B)and is not obligated to the roles and responsibilities provided in the remainder of KCUSA. NOW THEREFORE, the premises being in general as stated in foregoing recitals, it is agreed by and between the parties to include the following text as an addendum to the KCUSA as follows: TUALATIN is a party to the AGREEMENT solely for the purpose of designating the common boundary between the King City Urban Service Area and TUALATIN's urban planning area and for no other purpose. To achieve that limited purpose TUALATIN is bound only by Sections IV, VII, VIII, XI and XII of the KCUSA relating to the common boundary with the CITY and the effective date,term, signature and severability Sections of the AGREEMENT and not the remaining Sections of the AGREEMENT concerning the roles and responsibilities of the remaining parties. - Addendum to King City Urban Service Agreement June 29,2007 Page 1 CITY OF KING CITY By: Ron Shay,Mayor Date Addendum to King City Urban Service Agreement June 29,2007 Page 2 CITY OF TIGARD By: Craig Dirksen, Mayor Date Addendum to King City Urban Service Agreement June 29,2007 Page 3 CITY OF TUALATIN By: Lou Ogden,Mayor Date • Addendum to King City Urban Service Agreement June 29,2007 Page 4 CLEAN WATER SERVICES By: Tom Brian, Chair Date Board of Directors Approved as to Form: By: _ District Counsel Addendum to King City Urban Service Agreement June 29,2007 Page 5 METRO By: Council President Date Addendum to King City Urban Service Agreement June 29,2007 Page 6 TIGARD WATER DISTRICT By: President Date Board of Directors Addendum to King City Urban Service Agreement June 29,2007 Page 7 TRIMET By: General Manager Date Addendum to King City Urban Service Agreement June 29,2007 Page 8 TUALATIN VALLEY FIRE AND RESCUE DISTRICT By: Chairman, Board of Directors Date Addendum to King City Urban Service Agreement June 29,2007 Page 9 WASHINGTON COUNTY By: Tom Brian, Chair Date Board of County Commissioners Approved as to Form: By: County Counsel Addendum to King City Urban Service Agreement June 29,2007 Page 10 City of Tigard Tigard Water District(TWD) Scope of Services(Based on current Board activity levels) Annual These are the duties that we perform on a weekly,monthly,or annual basis: Frequency Time Financial/IT #1 Maintain general ledger for TWD in a separate fund(#130)for all activities. Includes Monthly 2 tracking revenues,expenses and other accounting functions as needed. #2 Process and pay any bills/invoices associated with the TWD. Monthly 2 #3 Record monthly interest earnings. Monthly 2 #4 Post tournal entnes to record City staff time spent on TWD duties. As Needed 1 #5 Compile and present to Board and Budget Committee the annual proposed budget for TWD. Annual 10 After receiving input from Board and Budget Committee,prepare the budget for approval and adoption. This also includes sending information to the Tigard Times newspaper for the required advertisement per Oregon Budget Law. #6 After year-end,complete the annual financial report. This report,the"Report in Lieu of Audit", Annual 3 is then sent to the Secretary of State-Division of Audits in Salem,Oregon. Subtotal 20 *** There are a couple of tasks we do for TWD which we would continue to do even after the October transition. a One would be the annual revenue check that TWD receives from the City. Per the IGA,TWD is to receive revenue of 1°o of the gross water sales us the unincorporated area. The sales are based on a calendar year so the check is done in January each year. (Currently this process is done with a journal entry,but once the City no longer is doing the books for TWD a check would be sent out just like itis for the City of Durham and the City of Bing City.) b The other item we would continue to do would be the processing of utility bills,meter reading,and turn-offs. Records #7 Archival support,strorage,maintaining and indexing all TWD records,responding to requests. As needed 12 Subtotal 12 Administrative Schedule rooms,prepare agenda packets,post meeting notices,web postings,packet delivery,secure #8 meeting equipment,room setup,refreshments,attend meeting to record,prepare draft minutes. monthly 150 #9 Election activities,SDAO contacts,register board members for events,process invoices,misc. as needed 56 Subtotal 206 Manager Develop agendas and packet materials,research items,review and respond to correspondence,attend all board meetings,manage press activities and interactions,work w/chair and attorney on issues,coordinate #10 w/other organizations 722 Subtotal 72 Total ` 310' II II II i II I vi , 5Pte+7 - - - ----------------------- nutry atii.2c:o-v1 Tigard Water .District ,Boar . Members 2007 ,N.arne Address Phone Number Position at Term Expiration Julie Russell 12662 SW Terraview Drive (503) 603-9152 (home) #1 June 30, 2009 Tigard, OR 97224 (503) 312-9163 (cell) (2-yr. term) jarusse1159@comcast.net Bert Cornick 14640 SW 141St Avenue (503) 590-6402 (home) #2 June 30, 2009 Tigard, OR 97224 (503) 524-6872 (fax) (2-yr. term) bcornick@comcast.net (503) 495-5016 (work) (503) 869-2121 (cell) Ken Henschel 14530 SW 144' Avenue (503) 579-8375 (home) #3 June 30, 2011 Tigard, OR 97224 (4-yr. term) Ken.Henschel@comcast.net Kinton Fowler 16170 SW Hazeltine Lane (503) 524-6680 (home) # 4 June 30, 2011 Tigard, OR 97224 (4-yr. term) kintonfowler@verizon.net Charles Radley 15729 SW Colyer Way (503) 579-4686 (home) #5 June 30, 2011 Tigard, OR 97224 (503) 578-6358 (fax) (4-yr. term) cfrjlr@gmail.com (503) 624-1951 (work) {503) 320-3529 (cell) Joy Koss 13125 SW Hall Blvd. (503) 718-2591 TWD Recorder Tigard, OR 97223 (503) 718-2401 (fax) JOY@tigard-or.gov I:\pw\twd\2007 Roster.doc TIGARD WATER DISTRICT 8777 S.W.BURNHAM ST P.O.BOX 230000 TIGARD.OREGON 97281-1999 PHONE t503:639-1553 August 27,2007 Rules for Public Participation at District Meetings According to the Attorney General's Public Records and Meetings Manual (December,2005), the Chair or presiding officer of any official public meeting has inherent authority to keep order and to impose any reasonable restrictions necessary for the efficient and orderly conduct of a meeting. If public participation is part of the meeting,the presiding officer may regulate the order and length of ,r;,4.4nces and limit appearances to presentations of relevant points. Any person who fails to comply with reasonable rules of conduct or who causes a disturbance may be asked or required to leave and upon failure to do so becomes a trespasser. See page 126 and the authorities listed by the Attorney General. Charles F.Radley,Chairman Tigard Water District cc: Board of Commissioners Tigard Water District Sign-in Sheet for Tigard Water District Meeting August 27, 2007 Name and Address Would you like to (Please Print) speak to the Board? fawibaita., z n ci_ n . � a