Cooperative Agreement for Water Supply Services COOPERATIVE AGREEMENT FOR WATER SUPPLY SERVICES
BETWEEN
THE TIGARD WATER SERVICE AREA;THE TIGARD WATER DISTRICT;
WASHINGTON COUNTY;THE CITIES OF DURHAM, KING CITY,AND TIGARD;
AND THE METROPOLITAN SERVICE DISTRICT
THIS AGREEMENT is entered into by and between the TIGARD WATER SERVICE AREA, hereinafter
referred to as TWSA,the TIGARD WATER DISTRICT,a special district of the State of Oregon, hereinafter
referred to as DISTRICT;WASHINGTON COUNTY,a political subdivision of the State of Oregon,
hereinafter referred to as COUNTY;the CITIES OF DURHAM, KING CITY,and TIGARD, municipal
corporations of the State of Oregon, hereinafter referred to as CITIES; and the METROPOLITAN
SERVICE DISTRICT, a metropolitan service district of the State of Oregon,hereinafter referred to as
METRO.
WHEREAS,the DISTRICT and the CITIES have formed the TIGARD WATER SERVICE AREA, an entity
formed through intergovernmental agreements for the provision of water supply services to the CITIES
and the DISTRICT;
WHEREAS, pursuant to ORS 197.175(2),the COUNTY has land use planning authority over that territory
of the TWSA lying within unincorporated Washington County;
WHEREAS, pursuant to ORS 197.175(2),the CITIES have land use planning authority over that territory
of the TWSA lying within the respective city limit boundaries of the CITIES;
WHEREAS, Statewide Planning Goal No.2(Land Use Planning)requires that city,county,state, and
federal agency and special district plans and actions shall be consistent with the comprehensive plans of
the counties and cities adopted under ORS Chapter 197;
WHEREAS, ORS 195.020(1),requires that the TWSA exercise its planning duties,powers and
responsibilities and take actions that are authorized by law with respect to programs affecting land use in
accordance with statewide planning goals;
WHEREAS,ORS 195.020(2, 3, and 4)require the TWSA,the DISTRICT,the COUNTY,the CITIES,and
METRO to enter into a cooperative agreement that conforms to the following requirements-
1.
equirements:1. Describe how the COUNTY and the CITIES will involve the TWSA in comprehensive planning;
2. Describe the responsibilities of the TWSA in comprehensive planning;
3. Establish the role and responsibilities of the COUNTY and the TWSA regarding COUNTY
approval of new development;
4. Establish the role and responsibilities of the CITIES and the TWSA regarding the CITIES'
approval of new development;
5. Describe how METRO will involve the TWSA in METRO's exercise of its regional planning
responsibilities;
6. Establish the role and responsibilities of the COUNTY and the CITIES regarding the TWSA'S
interests including,where applicable,water supply services,capital facilities, and real property;
and
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7. Specify the units of local government which shall be parties to an urban service agreement under
ORS 195.065; and
WHEREAS,the TWSA,the DISTRICT,the COUNTY,the CITIES, and METRO, in order to ensure that
their planning programs are coordinated,consider it mutually advantageous to:
1. Establish a process for coordinating comprehensive planning and development;
2. Establish a process to coordinate the TWSA's interests;
3. Establish a process for METRO to involve the TWSA in METRO's regional planning
responsibilities; and
4. Specify the units of local government which will be parties to an urban service agreement under
ORS 195.065.
NOW THEREFORE,THE TWSA,THE DISTRICT,THE COUNTY,THE CITIES,AND METRO,AGREE
AS FOLLOWS:
I. Coordination of Comprehensive Planning and Development
A. Definitions
As used in this AGREEMENT,the words listed below have the following meaning:
Comprehensive Plan means a generalized,coordinated land use map and policy
statement of the governing body of the COUNTY or the CITIES that interrelates all
functional and natural systems and activities relating to the use of lands, including but not
limited to,sewer and water systems,transportation systems,educational facilities,
recreational and park facilities,and natural resources and air and water quality
management programs. Elements of a"comprehensive plan"include but are not limited
to the following: transportation plan,public facility plan,community plans,and
rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan,a
facilities plan (e.g.,a water or wastewater facilities plan)or a park and recreation master
plan may or may not be elements of a comprehensive plan .
Deve/ovment Action means a proposal to develop a specific unit or units of land under
county or city comprehensive plan provisions or land use regulations that is either
reviewed through a public hearing process,or through an administrative process when
notice of the proposal or notice of the decision with right of appeal is required to be mailed
to owners of property within a specified distance of the proposed development site.
Such development actions may include,but are not limited to,zone changes,conditional
or special uses, subdivisions,land partitions,planned unit developments,variances,site
or design review,or other similar development actions which require public notice.
Development actions do not include administrative decisions that do not require notice to
adjoining property owners,and also do not include legislative determinations(e.g.,
amendments to a comprehensive plan),annexations, and urban growth boundary
amendments.
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Implementing_Plan or Program means a set of technical design or construction standards
(e.g., road or surface water design and construction standards);or plans, programs or
activities of the COUNTY,a CITY, METRO or the DISTRICT which support a local
government's or special district's provision of the following public facilities and services:
sanitary sewers;water;surface water;streets,roads,and mass transit;fire protection;
and parks, recreation and open space. An implementing plan or program may include
capital improvement plans, park and recreation master plans,design and construction
standards for roads,water supply systems, sanitary sewers or surface water, or a public
involvement program.
Land Use Reaulation means any local government zoning ordinance, land division
ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing
standards for implementing a comprehensive plan. Land use regulation does not include
an implementing plan or program,such as road or surface water design and construction
standards,annexations, urban growth boundary amendments,zoning map amendments,
consideration of proposed development actions(e.g.,conditional uses,site or design
review,and subdivisions),and building permits and other similar administrative-type
decisions.
Local Govemment means any city,county or metropolitan service district formed under
ORS Ch.268 or an association of local governments performing land use planning
functions under ORS 195.025.
mor Amendment to a Land Use Regulation or Comarehensive Plan means a legislative
change to a land use regulation or the text or map of a comprehensive plan that:
1. amends text which affects a large number of parcels or all parcels of land
similarly situated;
2. makes large scale map amendments;or
3. involves the creation, broad scale implementation or revision of public policy.
Maior Amendment to METRO'S Planning Goals and Objectives. Functional Plans. or
Rggional Framework Plan means a change to the Regional Urban Growth Goals and
Objectives(RUGGOs), including the 2040 Growth Concept, and the Urban Growth
Management Functional Plan, Public Involvement Plan, Regional Transportation Plan
(RTP),and Metropolitan Transportation Improvements Program(MTIP),that involves the
creation, broad scale implementation or revision of public policy.
METRO Planning Goals and Objectives means the land use goals and objectives that
METRO is required to adopt under ORS 268.380(1)called RUGGO. These goals and
objectives do not constitute a comprehensive plan.
METRO Functional Plans means plans adopted under ORS 268.390 to implement
regional goals and objectives which may"recommend"or"require"changes to
comprehensive plans.
METRO Regional Framework Plan means the regional framework plan required by the
1992 METRO Charter or its separate components. Neither the regional framework plan
nor its individual components constitute a comprehensive plan.
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Minor Amendment to METRO'S Planning Goals and Objectives Functional Plans or
Regional Framework Plan means a change to the Regional Urban Growth Goals and
Objectives(RUGGOs), including the 2040 Growth Concept,and the Urban Growth
Management Functional Plan, Public Involvement Plan, Regional Transportation Plan
(RTP),and Metropolitan Transportation Improvements Program(MTIP),that does not
involve the creation, broad scale implementation or revision of public policy.
Minor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative
change to a land use regulation or the text or map of a comprehensive plan, including
small tract comprehensive plan map changes,that does not involve the creation, broad
scale implementation or revision of public policy.
Quasi-Judicial Plan Amendment means a proposal to change the plan designation of a
comprehensive plan map that affects a specific property or a small number of properties,
or to change the alignment of a transportation facility that affects a single property or other
properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed at a
public hearing by the Planning Commission or the governing body. Quasi-judicial plan
amendments do not affect large numbers of properties and they do not involve the
creation, broad scale implementation or revision of public policy.
Urban Service Agreement means an agreement between units of local government and
special service districts that provide an urban service to an area within an urban growth
boundary that:
1. Specifies whether the urban service will be provided in the future by a city,
county,district,authority or a combination of one or more cities,counties,districts
or authorities.
2. Sets forth the functional role of each service provider in the future provision of the
urban service.
3. Determines the future service area for each provider of the urban service.
4. Assigns responsibilities for:
a. Planning and coordinating provision of the urban service with other urban
service providers;
b. Planning,constructing and maintaining service facilities;and
C. Managing and administering provision of services to urban users.
5. Defines the terms of necessary transition in provision of urban services,
ownership of facilities,annexation of service territory,transfer of moneys or
project responsibility for projects proposed on a plan of the city or district
prepared pursuant to ORS 223.309 and merger of service providers or other
measures for enhancing the cost efficiency of providing urban services.
6. Establishes a process for review and modification of the urban service
agreement.
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B. Roles and Responsibilities of Parties
1. The TWSA is comprised of the DISTRICT and the CITIES for the purpose of
providing domestic water supply service to the inhabitants of the DISTRICT and
the CITIES. The Board of Directors of TWSA acts on behalf of the DISTRICT and
the CITIES pursuant to intergovernmental agreements between the jurisdictions.
Pursuant to these intergovernmental agreements,the TWSA is managed by the
CITY OF TIGARD.
2. The DISTRICT is a domestic water supply service district organized in
accordance with the provisions of ORS 264.010 et. seq.,formed to provide water
supply service for the inhabitants of the DISTRICT. Pursuant to
intergovernmental agreements,the TWSA provides water supply service on
behalf of the DISTRICT.
3. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to
prepare,adopt,amend, and revise comprehensive plans in compliance with the
Statewide planning goals,enact land use regulations to implement their
comprehensive plans,and review development actions for compliance with their
comprehensive plan and land use regulations.
4. METRO, pursuant to ORS 268.380 and 390, is responsible for the Regional
Urban Growth Boundary,the regional aspects of land use planning,
transportation, air and water quality,regional parks and greenspaces, the zoo,
and solid waste.
C. COUNTY and CITY Amendments to or Adoption of.a Comprehensive Plan or Land Use
Regulation and Amendments to the METRO Regional Urban Growth Boundary
1. The COUNTY and the CITIES shall provide the TWSA with the opportunity to
participate,review,and comment on proposed amendments to or adoption of
their respective comprehensive plans or land use regulations as described below:
a. Quasi-judicial plan amendments and small tract legislative plan map
amendments that are located within the TWSA'S boundary or within one-
half(Y2)mile of the TWSA'S boundary. Upon adoption of Urban Service
Agreement(s),the notice area requirement shall be amended to be
applicable to actions located within the DISTRICTS urban service area
boundary or rural lands located within one-half(Y2)mile of the
DISTRICTS urban service area boundary;
b. Adoption of new comprehensive plan elements or land use regulations
concerning water supply and distribution; urbanization issues, including
but not limited to growth management, plan or zoning designations,
natural hazards, natural areas,and transportation systems; and
C. Major or minor amendments to a comprehensive plan element or a land
use regulation concerning water supply and distribution; urbanization
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issues, including but not limited to growth management, plan or zoning
designations, natural hazards, natural areas,and transportation systems.
2. METRO shall provide the TWSA with the opportunity to participate, review,and
comment on proposals to amend the Regional Urban Growth Boundary by a
legislative amendment, major amendment or locational adjustment, as those
terms are defined by METRO,that are located within the TWSA'S boundary or
within one-half(%Z)mile of the TWSA'S boundary. Upon adoption of Urban
Service Agreement(s),the notice area requirement shall be amended to be
applicable to actions located within the DISTRICT'S urban service area boundary
or rural lands located within one-half(%)mile of the DISTRICT'S urban service
area boundary.
3. The following procedures shall be followed by the COUNTY,the CITIES, and
METRO, hereinafter the originating agency,to notify and involve the TWSA in
COUNTY and CITY processes to amend or adopt a comprehensive plan or land
use regulation and METRO processes to amend the urban growth boundary:
a. The originating agency shall provide the TWSA with written notice of the
proposal no less than forty-five(45)days prior to the final hearing on
adoption. Providing the TWSA with a copy of the Department of Land
Conservation and Development's Notice of Proposed Amendment shall
satisfy this notification requirement. For the adoption of a new
comprehensive plan element or land use regulation or a major
amendment to a comprehensive plan element or land use regulation,as
described in 1. b. and c. above,the originating agency shall provide the
TWSA with more advanced notice, if available, in order to provide the
TWSA with greater opportunity to participate in the planning and
ordinance adoption processes.
b. A good faith effort shall be made by the originating agency to notify the
TWSA. Failure of the TWSA to receive notice shall not invalidate a
decision.
C. The TWSA may respond at its discretion. Comments shall be submitted
in accordance with ORS 197 and may be submitted in written form or an
oral response may be made at the public hearing.
d. Comments from the TWSA shall be entered into the public record for the
proposed action and shall be given consideration by the originating
agency. If after such consideration,the originating agency acts contrary
to the position of the TWSA,the TWSA may seek reconsideration or
appeal the action,if available, in accordance with the appropriate
procedures of the originating agency.
e. Upon final action by the originating agency on a proposal,the originating
agency shall provide the TWSA with written notice of the final decision
consistent with the originating agency's notification requirements. Failure
to receive notice shall not invalidate the decision or toll the appeal period.
The originating agency shall provide the TWSA with a copy of the final
decision if the TWSA requests a copy.
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D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's
Regional Framework Plan(includes Regional Urban Growth Goals and Objectives
(RUGGOs),2040 Growth Concept, Functional Plans, including the Urban Growth
Management Functional Plan, Public Involvement Plan and Metropolitan Transportation
Improvements Program)
1. METRO shall provide the TWSA with the opportunity to participate, review, and
comment on proposed amendments to or adoption of its planning goals and
objectives and regional framework plan. The following procedures shall be used
by METRO to notify and involve the TWSA in its processes to amend or adopt its
planning goals and objectives and regional framework plan:
a. For minor amendments to an existing METRO functional planning goal or
objective or METRO'S regional framework plan, METRO shall notify the
TWSA of the proposal no less than forty-five(45)days prior to the final
hearing on adoption;
b. For the adoption of new planning goals and objectives or functional
plans; identification of urban reserve areas;or major updates to existing
planning goals and objectives or the regional framework plan concerning
water supply and distribution; natural hazards;natural areas; growth
management, including but not limited to 2040 Growth Concept
Designations;and transportation systems, METRO shall notify the TWSA
of the proposal at the time such planning efforts are initiated in order to
provide the TWSA with the opportunity to participate in the planning and
adoption processes. In no case shall notice be provided less than forty-
five(45)days prior to the final hearing on adoption.
C. A good faith effort shall be made by METRO to notify the TWSA. Failure
of the TWSA to receive notice shall not invalidate a decision.
d. The TWSA may respond at its discretion. Comments may be submitted
in written form or an oral response may be made at MPAC, METRO
Council Committee or the public hearing.
e. Comments from the TWSA received at the METRO Council Committee
or at the public hearing within the time allowed for comments shall be
entered into the public record for the proposed action and shall be given
consideration by METRO. If after such consideration, METRO acts
contrary to the position of the TWSA,the TWSA may seek
reconsideration or appeal of the decision, if available, in accordance with
the appropriate METRO procedures.
f. Upon final action by METRO on a proposal, METRO shall provide the
TWSA with written notice of the final decision within thirty(30)days of
the effective date of the decision. Failure to receive notice shall not
invalidate the decision or toll the appeal period, if available. METRO
shall provide the TWSA a copy of the final decision if the TWSA requests
a copy.
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E. Development Actions Requiring Individual Notice to Property Owners
1. The COUNTY and the CITIES shall provide the TWSA with the opportunity to
review and comment on the following proposed development actions requiring
public notice, described below,that are located within the TWSA'S boundary or
are contiguous to the TWSA'S boundary. Upon adoption of Urban Service
Agreement(s),the notice area requirement shall be amended to be applicable to
actions located within the DISTRICT'S urban service area boundary or rural lands
located within one-half(1/2)mile of the DISTRICT'S urban service area
boundary.
zone changes; land divisions, including subdivisions and partitions; planned unit
developments;site or design review; flood plain or drainage hazard area
alterations;conditional or special uses, not including temporary use permits or
home occupations.
2. The following procedures shall be followed by the COUNTY and the CITIES,
hereinafter the originating agency,to notify the TWSA of proposed development
actions described in 1.above:
a. For development actions that are not reviewed at a public hearing,where
public notice is provided in advance of the notice of decision, notify the
TWSA of the proposal at the earliest opportunity, but no less than ten
(10)days prior to the close of the public comment period;
b. For development actions that are not reviewed at a public hearing,where
public notice is not provided in advance of the notice of decision, notify
the TWSA of the proposal at least twenty(20)days prior to the issuance
of the notice of decision;or
C. For development actions reviewed at a public hearing, notify the TWSA
no less than twenty(20)days before the date of the scheduled public
hearing,or if two or more hearings will be held,ten (10)days before the
first hearing.
d. A good faith effort shall be made by the originating agency to notify the
TWSA. Failure of the TWSA to receive a notice shall not invalidate a
decision.
e. The TWSA may respond at its discretion. Comments may be submitted
in written form or an oral response may be made at the public hearing,if
any.
f. If received in a timely manner,the originating agency shall include or
attach the TWSA'S comments to the written staff report and respond to
any concerns addressed by the TWSA in the staff report or orally at the
hearing, if any.
g. Comments from the TWSA received within the time allowed for a decision
shall be entered into the public record for the proposed action and shall
be given consideration by the originating agency. If, after such
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consideration,the originating agency acts contrary to the position of the
TWSA,the TWSA may seek reconsideration or appeal the decision, if
available, in accordance with the appropriate procedures of the
originating agency.
h. Upon final action by the originating agency on a proposal,the originating
agency shall provide the TWSA with written notice of the final decision
consistent with the originating agency's notification requirements. Failure
to receive notice shall not invalidate the decision or toll the appeal period.
The originating agency shall provide the TWSA with a copy of the final
decision if the TWSA requests a copy.
F. Amendments to or Adoption of an Implementing Plan or Program
1. The COUNTY,the CITIES,and METRO shall provide the TWSA with the
opportunity to participate, review and comment on proposed amendments to or
adoption of their respective implementing plans or programs that require approval
by their governing body concerning facility or master plans for water supply
services;design and construction standards for water supply services; capital
improvement projects for the construction, maintenance or repair of water supply
systems and roads;and public involvement programs. The following procedures
shall be followed by the COUNTY,the CITIES,and METRO, hereinafter the
originating agency,to notify and involve the TWSA in their processes to amend or
adopt an implementing plan or program:
a. The COUNTY,the CITIES,or METRO,shall notify the TWSA of the
proposal no less than twenty(20)days prior to the final hearing on
adoption. A good faith effort shall be made by the originating agency to
notify the TWSA. Failure of the TWSA to receive notice shall not
invalidate a decision.
b. The TWSA may respond at its discretion. Comments may be submitted
in written form or an oral response may be made at the public hearing.
C. Comments from the TWSA received in a timely manner shall be entered
into the public record for the proposed action and shall be given
consideration by the originating agency. If after such consideration,the
originating agency acts contrary to the position of the TWSA,the TWSA
may seek reconsideration or appeal the action, if available,in accordance
with the appropriate procedures of the originating agency.
d. Upon final action by the originating agency,the originating agency shall
provide the TWSA with written notice of the decision within thirty(30)
days of the effective date of the decision. Failure to receive notice shall
not invalidate the decision or toll the appeal period, if available. The
originating agency shall provide the TWSA with a copy of the final action
if the TWSA requests a copy.
G. Additional Coordination Requirements
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The COUNTY,the CITIES,and METRO, hereinafter the originating agency, shall notify
the TWSA of the following actions by the originating agency that are located within the
TWSA'S boundary or within one-half(%)mile of the TWSA'S boundary. Failure to receive
notice shall not invalidate such actions.
1. Development of new sites for source, storage or transmission or domestic water.
The originating agency shall provide written notice to the TWSA of such
proposals no less than twenty(20)days prior to commencement of development;
and
2. The acquisition of property(ies),including easements,for source, storage or
transmission of domestic water. The originating agency shall provide written
notice to the TWSA of such acquisitions no later than ninety(90)days after the
date of acquisition.
II. Coordination of TWSA Interests
A. The TWSA shall provide the COUNTY,the CITIES,and METRO with the opportunity to
participate, review, and comment on proposed amendments to or adoption of the
following implementing plans or programs for compliance with local comprehensive plans:
facility or master plans for water supply services,capital improvement program,and
major capital improvement projects. The following procedures shall be followed by the
TWSA to notify and involve the COUNTY,the CITIES,and METRO in its processes to
amend or adopt these plans or programs:
1. For minor amendments to an existing facility or master plan or other implementing
plan or program that requires approval by the TWSA'S Board of Directors,the
TWSA shall provide the COUNTY,the CITIES,and METRO with written notice of
the proposal no less than forty-five(45)days prior to the final hearing on
adoption;and
2. For the adoption of new or major updates to a facility or master plan or other
implementing plans or programs,the TWSA shall provide written notice to the
COUNTY,the CITIES,and METRO at the time such planning efforts are initiated
in order to provide the COUNTY,the CITIES,and METRO with the opportunity to
participate in the planning and adoption processes. In no case shall notice be
provided less than forty-five(45)days prior to the final hearing on adoption.
3. Upon final action on a proposal,the TWSA shall provide the COUNTY,the
CITIES,and METRO with written notice of the decision within thirty(30)days of
the effective date of the decision. Failure to receive notice shall not invalidate the
decision or toll the appeal period, if available. The TWSA shall provide the
COUNTY,the CITIES,and METRO with a copy of the final action if a copy is
requested.
B. The TWSA shall notify the COUNTY,the CITIES and METRO of the following RWSA
actions that are located within the boundary of the COUNTY,a CITY or METRO or are
located within one-half(Y2)mile of the boundary of a CITY'S Urban Planning Area. Failure
to receive notice shall not invalidate such actions.
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1. Development of new sites for source,storage or transmission of domestic water.
The TWSA shall provide written notice to the appropriate jurisdiction of such
proposals no less than twenty(20)days prior to commencement of development;
and
2. The acquisition of property(ies), including easements,for source, storage or
transmission of domestic water. The TWSA shall provide written notice to the
appropriate jurisdiction of such acquisitions no later than ninety(90)days after
the date of acquisition.
Ill. Future Urban Service Agreements
The TWSA,the DISTRICT,the COUNTY, METRO,and the CITIES of DURHAM, KING CITY, and
TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS
195.065 for Urban Service Agreement Study Area No. 5 shown on Attachment A.
IV. This AGREEMENT may be amended upon written consent of all affected parties.
V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative
agreements, prepared pursuant to ORS 195.020, between any of the parties to this
AGREEMENT, the terms of this AGREEMENT shall control.
Vl. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date
of its signature to this AGREEMENT.
VII. Parties to this AGREEMENT may enter into additional or supplemental agreements
regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this
AGREEMENT.
VIII. If any potion 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.
IX. If a dispute arises between the parties regarding breach of this agreement or
interpretation of any term thereof,the parties shall first attempt to resolve the dispute by
negotiation. 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 Step 1,the parties shall
submit the matter 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
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shall jointly select a third mediator: The dispute shall be heard by the panel of three mediators
and any common costs of mediation shall be bome equally by the parties,who shall each bear
their own costs and fees therefor. 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, in accordance with the Commercial Arbitration
Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration shall
be before a single arbitrator; nothing shall prevent the parties from mutually selecting an arbitrator
or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and
procedures. 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.
IN WITNESS WHEREOF,the parties have executed this COOPERATIVE AGREEMENT on the date set
opposite their signatures.
TIGARD WATER SERVICE AREA
f
By Date
Cham an, Board of airoUbffs
cQ,s(rfSs�crv4"S
Approved As To Form
Counsel
Cooperative Agreement for
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Tigard Water Service Area
Page 13
BOARD OF COUNTY COMMISSIONERS
WASHINGTON COUNTY, OREGON
446: SCJBy ' Date
APPROVED WASHINGTON COUNTY
Chairman
BOARD OF COMMISSIONERS
At 6 A a LawL. Date 16-H-91 u/
MINUTE ORDER/ ....1..Z.':.:i!�{�..
........
-.�y-.9.7..
Recordin ecretary ATE ...................... .... ......
Approved As To Form
al/P-",-Ai
Washington my
County Counsel
Cooperative Agreement for
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Tigard Water Service Area
Page 14
CITYUR
7
By Date XA
Mayor
Approved As To Form
City of Durham
City Attorney
Cooperative Agreement for
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Tigard Water Service Area
Page IS
CITY OF KING CITY
B Date / 2- _9
Mayor
Approved As To Form
City of King City
City Attorney
Cooperative Agreement for
Water Supply Services with
Tigard Water Service Area
Page 16
CITY OF T
Date LQf5
Mayor CDu n Gi OR t�:,i ((.txuk
Approved As To Form
A, V
Ci of Tigard
City Attorney
Cooperative Agreement for
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Tigard Water Service Area
Page 17
METRO
By Date 19
We Bttjofi, Executive Officer
Approved As To Form
Metro
Office of General Co nsel
Attachment A
WASHINGTON
----
COUNTY
AJ"
MOMB
fmft4yAna 9 Study Area
_ Boundaries
3/4
for Future
Urban Service
Agreements
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DMRThtM OF LAND USE ANDTRANSPORTATION
MNNRIG DIVISION
ISS N.FIRST AVE„HULLO,OREGON 97126
(509)6101519
ANakwskWhmftMown&%xb2.aFnl September 15,1997
WASHINGTON COUNTY
OREGON
December 2, 2002
Ed Wegner
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Subject: Cooperative Agreement For The Tigard Water District
Enclosed are two copies of the Tigard Water District's Cooperative Agreement for
signature by the district's board. Please return one copy of the signed agreement to me
when it has been signed. I will then incorporate the water district's signature page and
send you a copy of the fully executed agreement. The agreement will also be recorded
in the Washington County Records Office once it has been finally executed.
Thank you for your help on this project Ed. If you have any questions, please call me at
503-846-3965.
Sincerely,
Joanne Rice
Senior Planner
c. Julia Hayduk, Tigard Planning Department
Department of Land Use & Transportation • Planning Division
155 N First Avenue, Suite 350-14, Hillsboro, OR 97124-3072
Phone: (503) 846-3519 • Fax: (503) 846-4412