Resolution 11-93 TIGARD WATER DISTRICT
RESOLUTION NO. 11-93
A RESOLUTION APPROVING AGREEMENTS FOR THE TIGARD WATER
DISTRICT TO PROVIDE WATER SERVICE TO THE CITIES OF TIGARD,
DURHAM AND KING CITY.
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. Until June 30,
1993, the District also provided domestic water service to all areas presently served
by Durham.
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 Allow service by creating Southeast Washington County Joint Water Agency, (the
"Agency") through an intergovernmental agreement pursuant to ORS 190.003 et
seq. The Cities and the District anticipate that domestic water service will be
provided by the Agency to all areas of Durham once the Agency has completed the
budget formulation requirements contained in ORS 294.900 et seq.
D. The District has offered to provide to the cities of Tigard, Durham
and King City supplies of domestic water until the Agency is prepared to provide
domestic water itself.
NOW THEREFORE, THE TIGARD WATER DISTRICT RESOLVES AS
FOLLOWS:
Section 1. Continuation of Service. The District shall enter into an
agreement with the cities of Tigard, Durham and King City (the "Cities"),
substantially in the form attached as Exhibit A hereto (the "Agreement:), for the
District to continue to provide domestic water supply service to the Cities on an
interim basis in the same manner that the District provided such service to the
Cities prior to July 1, 1993. 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
'wo"' said representative's approval.
,�rrrrrrr _ --- __._
Resolution 11-93
Page Two
The Board 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 the Resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force and effect from and after its passage and approval.
Chair of the Board /1
_ VO—Pi
Actin Administ tive Director
Date
/Ig/board/June93/Res 1193.doc
*`" TIGARD WATER DISTRICT
INTERGOVERNMENTAL AGREEMENT
FOR SUPPLY OF DOMESTIC WATER
BETWEEN: TIGARD WATER DISTRICT, (the District")
OREGON
AND: CITY OF TIGARD, OREGON ("Tigard")
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. Until June 30,
1993, the District also provided domestic water service to some areas presently
served by Tigard.
B. The cities of Tigard, Durham and King City (collectively, the
"Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993,
Nom., 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
seg. The Cities and the District anticipate that domestic water service will be
provided by the Agency to all areas of Tigard once the Agency has completed the
budget formulation requirements contained in ORS 294.900 et seq..
D. The District has offered to provide to Tigard supplies of domestic
water to those areas previously served by the District until the Agency is prepared to
provide domestic water itself.
Agreements:
The parties therefore agree as follows:
1. Supply of Water. The District hereby agrees to provide to those
'�..o, areas of Tigard previously served by the District supplies of domestic water in the
same fashion that the District provided prior to July 1, 1993. The District shall
NISIO
Intergovernmental Agreement for Supply of Domestic Water
City of Tigard,Oregon
Page Two
continue to directly bill and collect amounts owed from businesses and residences
utilizing water service, and Tigard shall not be responsible for compensating the
District for any services provided.
2. Compliance With All Budget and Taxation Laws. Tigard shall
comply with and satisfy all requirements under all applicable budget and taxation
laws, including but not limited to Local Budget Law (ORS 294.305 et seq.), all
taxation requirements accompanying a boundary change including ORS 308.225,
and Tigard's repayment obligations under ORS 222.520. Notwithstanding anything
in this Agreement to contrary, if for any reason Tigard fails to comply with any
applicable budget or taxation law, District may discontinue supply of water to
Tigard upon sixty (60) days written notice.
3. Term. The term of this Agreement shall begin on July 1, 1993. This
Agreement shall end on the date that the Agency adopts a budget in accordance
with all applicable statutory requirements, unless sooner terminated by the
unanimous agreement of the Parties.
NegiO
4. Effective Date. The effective date of this Agreement is July 1,
1993.
DATED this a.9 'day of 64,01Z, , 1993.
TIGA WATER DIST
By:/i61- 1 AT //1
Atte .
CITY OF TIGARD
By:
Attest:
/lg/board/June93/TigSuply.doc
``" TIGARD WATER DISTRICT
INTERGOVERNMENTAL AGREEMENT
FOR SUPPLY OF DOMESTIC WATER
BETWEEN: TIGARD WATER DISTRICT, (the "District")
OREGON
AND: CITY OF KING CITY, OREGON ("King City")
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. Until June 30,
1993, the District also provided domestic water service to all areas presently served
by King City.
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.
44180.,
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
seg. The Cities and the District anticipate that domestic water service will be
provided by the Agency to all areas of King City once the Agency has completed the
budget formulation requirements contained in ORS 294.900 et seq.
D. The District has offered to provide to King City supplies of domestic
water until the Agency is prepared to provide domestic water itself.
Agreements:
The parties therefore agree as follows:
1. Supply of Water. The District hereby agrees to provide to King
City supplies of domestic water in the same fashion that the District provided prior
to July 1, 1993. The District shall continue to directly bill and collect amounts owed
from
4
4.110
Intergovernmental Agreement for Supply of Domestic Water
City of King City,Oregon
Page Two
businesses and residences utilizing water service, and King City shall not be
responsible for compensating the District for any services provided.
2. Compliance With All Budget and Taxation Laws. King City
shall comply with and satisfy all requirements under all applicable budget and
taxation laws, including but not limited to Local Budget Law (ORS 294.305 et seq.),
all taxation requirements accompanying a boundary change including ORS 308.225,
and King City's repayment obligations under ORS 222.520. Notwithstanding
anything in this Agreement to contrary, if for any reason King City fails to comply
with any applicable budget or taxation law, District may discontinue supply of
water to King City upon sixty (60) days written notice.
3. Term. The term of this Agreement shall begin on July 1, 1993. This
Agreement shall end on the date that the Agency adopts a budget in accordance
with all applicable statutory requirements, unless sooner terminated by the
unanimous agreement of the Parties.
4. Effective Date. The effective date of this Agreement is July 1,
1993.
DATED this 1P'k day of 4U/rt.& , 1993.
TIGA WATER& , 199
3.
By: �'f-t� � .
Are7,i „Ay vusa_
CITY OF KING CITY
By:
Attest:
/Ig/board/june93/kcsu ply.doc
TIGARD WATER DISTRICT
INTERGOVERNMENTAL AGREEMENT
FOR SUPPLY OF DOMESTIC WATER
BETWEEN: TIGARD WATER DISTRICT (the "District")
OREGON
AND: CITY OF DURHAM, OREGON ("Durham")
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
=r,w 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
seg. The Cities and the District anticipate that domestic water service will be
provided by the Agency to all areas of Durham once the Agency has completed the
budget formulation requirements contained in ORS 294.900 et seq.
D. The District has offered to provide to Durham supplies of domestic
water until the Agency is prepared to provide domestic water itself.
Agreements:
The parties therefore agree as follows:
1. Sunnly of Water. The District hereby agrees to provide to Durham
supplies of domestic water in the same fashion that the District provided prior to
July 1, 1993. The District shall continue to directly bill and collect amounts owed
from businesses and residences utilizing water service, and Durham shall not be
responsible for compensating the District for any services provided.
•
Intergovernmental Agreement for Supply of Domestic Water
City of Durham,Oregon
Page Two
2. Compliance With All Budget and Taxation Laws. Durham shall
comply with and satisfy all requirements under the applicable budget and taxation
laws, including but not limited to Local Budget Law (ORS 294.305 et seq.), all
taxation requirements accompanying a boundary change including ORS 308.225,
and Durham's repayment obligations under ORS 222.520. Notwithstanding
anything in this Agreement to contrary, if for any reason Durham fails to comply
with any applicable budget or taxation law, District may discontinue supply of
water to Durham upon sixty (60) days written notice.
3. Term. The term of this Agreement shall begin on July 1, 1993. This
Agreement shall end on the date that the Agency adopts a budget in accordance
with all applicable statutory requirements, unless sooner terminated by the
unanimous agreement of the Parties.
4. Effective Date. The effective date of this Agreement is July 1,
1993.
DATED this cx, day of (,!/YtE� , 1993.
TIGARD WATER DISTRICT
By: fac,--7(- 0)ifr
Att
c.„,tivoi2t
CITY OF DURHAM
By:
Attest:
varit
/Ig/board/June93/durhmsup.doc