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Resolution 12-93 f TIGARD WATER DISTRICT RESOLUTION NO. 12-93 A RESOLUTION APPROVING AN AGREEMENT WITH THE SOUTHEAST WASHINGTON COUNTY JOINT WATER AGENCY TO PROVIDE DOMESTIC WATER SERVICE TO THE CITIES OF DURHAM AND KING CITY AND TO CERTAIN PORTIONS OF UNINCORPORATED AREAS OF WASHINGTON COUNTY AND THE CITY OF TIGARD. WHEREAS, the Southeast Washington County Joint Water Agency (the "Agency") will be formed, effective July 1, 1993, to provide domestic water supply service to businesses and residences located within the boundaries of the Tigard Water District (the "District") as the District existed on June 30, 1993; and WHEREAS, until June 30, 1993, the District was solely responsible for providing domestic water service to the businesses and residences located within the boundaries of the District; and WHEREAS, the boundaries of the District, as they existed on June 30, 1993, are identical to the boundaries of the Agency as they exist on July 1, 1993; and N,., WHEREAS, in order to provide domestic water service to businesses and residences located within the former boundaries of the District has previously negotiated water supply agreements with the cities of Portland and Lake Oswego (collectively, the "Agreements") whereby those two cities supply water to the District for domestic purposes; and WHEREAS, the Agency does not presently have any long term water supply agreements in place in order to provide domestic water to businesses and residences located within the boundaries of the Agency; and WHEREAS, the District has offered to provide to the Agency supplies of water that the District receives under the Agreements at the same rates and terms that the District receives such water under the Agreements, and the District has further offered to use all the facilities of the District in order to deliver the water to the businesses and residences within the boundaries of the Agency. NOW THEREFORE, THE TIGARD WATER DISTRICT RESOLVES AS FOLLOWS: Section 1. Approval of Agreement. The Agreement is hereby approved in substantially the form submitted to and reviewed by the Board, and as attached hereto, with such changes therein as shall be approved by the representative of the "'' District executing said documents, said representative's execution thereof to be conclusive evidence of said representative's approval. Resolution 12-93 `' Page Two The Chairman (the "executing Official") of the District is hereby authorized and directed to execute and deliver the Agreement on behalf of and as the act and deed of the District. Section 2. Further Authority. The District shall, and the officers and agents of the District are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution and to carry out, comply with and perform the duties of the District with respect to the Agreement approved by this Resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force and effect from and after its passage and approval. PASSED by vote of 5 members of the board of commissioners of the District present this 29th day of June, 1993. � Signature � L 1. (:�C A � l .r_ Title: Chair of the Board �J "' --- e-41' 4.4_ Acting Adminis ative Director /lg/board/June93/Res 1293.doc INTERGOVERNMENTAL AGREEMENT FOR CONTINUED PROVISION OF DOMESTIC WATER UNDER CONTRACTS WITH THE CITIES OF PORTLAND AND LAKE OSWEGO BETWEEN: TIGARD WATER DISTRICT, (the "District") OREGON AND: SOUTHEAST WASHINGTON COUNTY JOINT WATER AGENCY (the "Agency") Recitals: A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and businesses located in certain unincorporated areas of Washington County. B. The cities of Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District. C. The Cities and the District are currently evaluating the most efficient long-term structure for providing domestic water service and wish to continue this evaluation after July 1, 1993. Pending completion of this evaluation, the Cities and the District have agreed to an interim form of governance for the provision of water service by creating Southeast Washington County Joint Water Agency (the "Agency") through an intergovernmental agreement pursuant to ORS 190.003 et sec . The Cities and the District anticipate that domestic water service will be provided by the Agency to all areas previously served by the District once the Agency has completed the budget formulation requirements contained in ORS 29.900 et seq. D. The District has offered to provide to the Agency supplies of domestic water that the District receives through contracts with the cities of Portland and Lake Oswego (collectively, the "Agreements") on the terms of this intergovernmental agreement (the "Water Supply Agreement"). A copy of the Agreements is attached hereto as Exhibit A. Agreements: The parties therefore agree as follows: 1. Suuuly of Water. The District hereby agrees to provide to Agency supplies of domestic water that the District receives from the cities of Portland and S"" Lake Oswego through the Agreements. The Agency agrees to pay to the District all of the costs, fees and expenses charged to the District under the Agreements. The nrr • Page Two Intergovernmental Agreement for Continued Provision of Domestic Water under Contracts with the Cities of Portland and Lake Oswego Agency further agrees to comply with all terms and conditions imposed upon the District by the Agreements. 2. Term. The term of this Agreement shall begin on July 1, 1993 and shall end on December 31, 1993, unless sooner terminated by the unanimous agreement of the Parties. 3. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this 30th day of June, 1993. TIGARD WATER DDISTTRICT By: Attes _ 04,14_ 10-4 - Acting Adminis tive Director SOUTHEAST WASHINGTON COUNTY JO T ' TER AGEN Y 1 t/W1 /,/ A