Lake Oswego - Intergovernmental Water Board MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LAKE OSWEGO, THE CITY OF TIGARD, AND THE
INTERGOVERNMENTAL WATER BOARD
PREAMBLE
This Memorandum of Understanding (MOU) is entered into by and between the City of
Lake Oswego, the City of Tigard, and the Intergovernmental Water Board (IWB), ("the
Parties"), with the IWB representing the cities of Durham, King City, Tigard, and the
Tigard Water District. The City of Lake Oswego, the City of Tigard, and the
Intergovernmental Water Board will act, by and through their respective Councils or
Board.
PURPOSE
The purpose of this MOU is to memorialize certain values and principles held by the
Parties in the context of a possible water supply partnership and to establish a framework
and schedule within which the Parties will endeavor to reach certain understandings in
principle regarding the elements of a water supply partnership agreement. It is
understood this MOU does not obligate the Parties to create a water supply partnership,
but instead obligates the Parties to exercise diligence and good faith on behalf of their
respective citizens toward reaching an agreement that achieves the objectives embodied
in the values and principles recited below.
RECITALS
WHEREAS, the Parties desire to secure their respective water supply futures in a manner
that meets their long term needs for economic development, public health and safety and
sustainability; and
WHEREAS, the Parties see a water supply partnership as a means to provide high quality
water to their respective citizens in a cost efficient manner when compared to other water
supply options; and
WHEREAS, the City of Lake Oswego has acquired permits and rights to appropriate
water from the Clackamas and Willamette Rivers for municipal use and desires to retain
and protect its rights to beneficially uses these waters by sharing this water with others;
and
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WHEREAS, the City of Tigard desires to secure access to a long term source of water
and an equity interest in the infrastructure that would be used to divert, treat and transmit
water to its citizens and customers; and
WHEREAS, the Parties desire to promote the equitable distribution of water throughout
the region and in doing so develop access to redundant sources of supply for emergency
planning purposes; and
WHEREAS, the Parties desire to achieve a water supply partnership that will be seen as
balanced, fair and equitable by their respective citizens and the region at large; and
WHEREAS, the Parties desire to nurture cooperation among each other and surrounding
communities that is beneficial to protecting our precious water resources and using them
in a sustainable way.
NOW, THEREFORE the Parties in order to establish basic principles for communicating,
coordinating and conducting activities relating to a possible water supply partnership
between each other do enter into this Memorandum of Understanding and agree to the
following:
I. STAFF MEETINGS; SCHEDULE AND FREQUENCY
A. The Parties agree to direct their staff to meet twice monthly to endeavor to develop
proposed terms for a water supply partnership meeting the objectives stated in the recitals
to this agreement, including proposed resolution of the issues identified in Article V of
this MOU. Unless otherwise agreed by the participants, those meetings will take place on
the l't Tuesday of each month in Tigard, and the 3rd Wednesday of each month in Lake
Oswego. All meetings will be at 1:00 pm at a location announced by the home city. Staff
shall endeavor to develop and present recommendations for the consideration of their
respective Councils and the Intergovernmental Water Board no later than June, 2008.
Members of each City Council and the Board may participate in the staff meetings from
time to time to provide input from the standpoint of policy-makers. However the
meetings shall not constitute meetings of subcommittees of either City Council or the
Board, and any resulting recommendations shall be those of each Party's staff, not those
of a subcommittee.
II. FUNDING OF OUTSIDE SERVICES
A. In furtherance of addressing issues identified in Articles IV and V herein, the Parties
agree to contract with outside services as they may mutually agree are necessary. The
selection and management of outside services will be conducted pursuant to public
contracting rules of the State and payment will be shared equally between the City of
Tigard and the City of Lake Oswego.
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III. COMMUNICATIONS
A. Communications between the Parties:
At all times through the duration of this MOU, the Parties agree to communicate
with each other proactively in furtherance of the goals and objectives of this MOU. All
communications will be directed to the following individuals:
For:
City of Tigard/Intergovernmental Water Board:
Dennis Koellermeier, Public Works Director
For:
City of Lake Oswego:
Joel B. Komarek, City Engineer
B. Communications with the public and media:
The Parties agree to give each other advance notice of any media contacts or
public information. This notice will preferably be by e-mail to the individuals named in
III.A, above. If there is insufficient time for e-mail notice as described, telephone notice
to the Interim City Manager of Lake Oswego and the City Manager of Tigard will suffice.
IV. CURRENT ISSUES:
A. Water rights:
The City of Lake Oswego holds permits and certificates to divert waters of the
state for beneficial use as a municipal drinking water supply within the cities of Lake
Oswego, Tigard and Tualatin. The Parties recognize the value inherent in these permits
and certificates to each member in any future water supply partnership agreement.
Therefore the Parties agree:
a. To support the City of Lake Oswego's efforts to secure extensions of time
to beneficially use all water so authorized under its permits; and
b. To share equitably in the costs incurred by Lake Oswego for this purpose;
and
C. That title to permits and certificates will remain in Lake Oswego's name.
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V. ISSUES TO RESOLVE IN ANY FINAL AGREEMENT
1. Scope and objectives of the partnership
2. Nature of agreement
3. Type of partnership
4. Governance structure
5. Formation of new agency
6. Fiscal authority
7. System ownership
8. Operational standards and authorities
9. Fiscal standards and authorities
10. Future considerations
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding as of the last date written below.
CITY OF LAKE OSWEGO
By: Y i..�lL'� �77'�iY�s' APP OVE A TO FORM
Date: February 14, 2008
City of Lake Oswego Resolution 07-70 David Powell, City Attorney
CITY OF TIGARD approved Dec 18, 2007
By: /_ �r,�.r� rc.uti� APPROVED AS TO FORM
Date: V
Ramis, ounsel for Tigard
INTERGOVERNMENTAL WATER
BOARD
By:
Date: t t 2 Zed �—
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RESOLUTION 07-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING
THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LAKE OSWEGO AND THE CITY OF TIGARD AND THE INTERGOVERNMENTAL WATER
BOARD REGARDING A POSSIBLE FUTURE WATER SUPPLY PARTNERSHIP
WHEREAS,the City of Lake Oswego and the City of Tigard("the Parties") entered into an
intergovernmental cooperative agreement in 1983 to provide for Lake Oswego supplying surplus water to
the City of Tigard; and
WHEREAS, since 1983 the Parties have mutually benefited from this relationship between water
purveyor and purchaser; and
WHEREAS,the Intergovemmental Water Board is the purveyor of water to its member agencies
including the cities of Durham,King City,Tigard and the Tigard Water District; and
WHEREAS, on March 3,2006 the Parties executed an Intergovernmental Agreement to jointly fund an
engineering study of the opportunities, costs and constraints of forming a future municipal water supply
partnership for the benefit of their respective citizens; and
WHEREAS,the final draft study was completed and presented to the Parties at a joint meeting of the
Parties' elected officials on July 17th,2007; and
WHEREAS,that study concluded that it was feasible for Lake Oswego to supply water to Tigard on a
long term basis and that partnering with the City of Tigard to develop Lake Oswego's undeveloped water
rights could achieve many benefits including more efficient use of water resources, improved economy of
water supply,protection of existing permitted water rights,improved water supply reliability and a more
effective joint response to regulatory challenges; and
WHEREAS,the Parties have identified the need to continue discussions of the mutual interests and issues
concerning a possible future municipal water supply partnership and have created a Memorandum of
Understanding(MOU)that will guide these discussions over the next several months toward development
of a possible draft water supply agreement.
NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Lake Oswego authorizes
the Mayor to sign the Memorandum of Understanding with the City of Tigard and the Intergovernmental
Water Board in the form attached hereto as Exhibit`A'.
Considered and enacted by the City Council of the City of Lake Oswego at a regular meeting held on the
18"day of December,2007.
H:UOEL MTIGARD\Co=cil\RES 07-07.LO-COT.MOU.12.18.07.doc
AYES: Mayor Hammerstad, McPeak, Turchi , Groznik, Hennagin,
Jordan, Johnson
NOES: none
ABSTAIN: none
EXCUSED: none /
�d
Ju 'e Hammerstad,Mayor
ATTEST: , Ct�'J aw�-Z-)
Robyn Christie, City Recorder
APPROVED AS TO FORM:
David Powell,City Attorney/
Attachment: Exhibit`A' -Memorandum of Understanding
H:UOEL MIGARMCounciARES 07-0710-COT.MOU.12.18.07.doc