King City - Delivery of Water Service 1st Amendment Attachment 1
FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT ,
BETWEEN THE CITY OF KING.CITY AND THE CITY OF'TIGARD
FOR DELIVERY OF WATER SERVICE TO THE CITY OF KING CITY
THIS FIRST AMENDMENT TO THIS INTERGOVERNMENTAL
AG EEMENT (this "Athendment") is made and entered into as of
2007, by and between the CITY OF KING CITY, an Oregon
municipal corporation, (hereinafter "King City") and the CITY OF TIGARD an
Oregon municipal corporation (hereinafter "Tigard"),hereinafter together
referred to as "The Parties".
RECITALS
A. The Parties previously,entered into that certain
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING CITY
AND THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY
OF KING CITY dated December 28, 1993 (the "IGA"), relating to the Parties'
creation of the Intergovernmental Water Board (hereinafter "IWB") and the
cooperative effort to serve the long term water supply needs of the residents of
King City.
B. The Parties hereto desire to amend the IGA: to further ensure
consistency across the jurisdictions among rates and services, to clarify the
IWB votes required to change ownership of original District assets, to
memorialize a new lease between the Intergovernmental Water Board and the
City of Tigard for the Water Building, to establish a process for calculating and
recording prorated expenses and revenues; and to allow the IWB to use
proceeds from sales of assets for expenses in.addition to capital improvements.
AGREEMENT
NOW THEREFORE, in consideration of the terms and conditions
contained herein, the receipt and adequacy of which are hereby acknowledged,
the Parties hereby amend the IGA as follows:
1. Paragraph 5. Asset Ownership/Water Rates/Revenues , B., is
replaced with the following:
First Amendment to the Intergovernmental Agreement
City of Tigard/City of King City
Page 1 of 4
B. The fees, rates and charges charged by Tigard for providing
water services to properties, residences and businesses in King City shall
be the same as those charged within Tigard, and rates shall be
consistent among those receiving water services from Tigard under this
IGA. Notwithstanding the foregoing, Tigard may impose higher fees,
rates and charges for providing water.service to properties, residences
and businesses when the cost of providing such service is greater due to
unusual circumstances, including, but not limited.to additional cost to 1
pump water.up hill to reach customers: Any higher fees, rates and
charges imposed for providing water service shall be reviewed by the
Intergovernmental Water Board prior to taking effect and shall be limited
to covering the actual additional costs of providing such service. When
higher fees, rates and charges are imposed, they shall be consistently
applied among all member jurisdictions,,except that at the request of
King City, Tigard will collect on.behalf of-King City additional`charges
imposed by King City on King City customers.
2. Paragraph 5. Asset OwnershiRlWater Rates/Revenues C. (2)
Moneys/Revenues, is replaced with the following:
(2) Moneys transferred to Tigard.as a result of the division of
assets after withdrawal from.the original District by Tigard which were .
previously dedicated.by the.original District to system capital
improvements shall be used solely for system capital improvement by
Tigard in accordance with subsection 5.1), except that the
Intergovernmental Water-Board may at'its discretion, and consistent
with voting requirements in Paragraph 3.D. of this Intergovernmental
Agreement, determine that said moneys may be used for other purposes.
3. Paragraph 5, Asset Owners_ hipf Water RateslRevenues, G.
Accounting, is added togas follows:
(3) In fulfillment of the Intergovernmental Agreement's intent to
reliably and methodically account for expenses and--revenues, Exhibit A
showing allocation of ownership interests is attached hereto and
incorporated thereby as the model for documenting the use of,assets by
the City of Tigard.
4. Paragraph 3. Intergovernmental Water Board. D., is replaced as
follows:
D. A quorum of the Board shall be three (3) members. All actions
of the board shall require at least three. (3) votes, excluding
abstentions.
First Amendment to the Intergovernmental Agreement
City of Tigard/City of King City
Page 2 of 4
E. Notwithstanding prior agreements, no more than three ,(3)
jurisdictions' votes (from.among•Tigard,.Durham,.King City and
the Tigard Water District) will be required to purchase, sell, or
otherwise act with respect to the original District's real property
assets.
By:
IWB Representative for the City of Tigard
CERTIFICATE OF NOTARY PUBLIC
STATE OF OREGON
COUNTY OF W&yhl4
Signed or attested before me on .!�nt— ZT ,2007,by �tr Q.j'► � . �I,C�J/l2 p�
Sig!!7 of Notarial Officer
OFFICIAL SEAL
t
i GREER A GASTON
NOTARY PUBLIC.OREGON
COMMISSION NO.373020
MY COMMISSION EXPIRES OCT.10,2007
First Amendment to the Intergovernmental Agreement
City of Tigard/City of King City
Page 3 of 4
By:
IWB Representative for the City of King City
CERTIFICATE OF NOTARY PUBLIC
STATE OF OREGON
COUNTY OF VVjjCfj
Signed or attested!before me on 'T 200'7,by
OFFICIAL,SEAL
tGREER A QASTON Signatur f Notarial Officer
f NOTARY PUBLIGOREGON
COMMISSION;NO:373020
MY COMMISSION EXPIRES OCT.10,2007
First Amendment to the Intergovernmental Agreement,
City of Tigard/City of King City
Page.4 of 4
EXHIBIT A
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN`
CITY OF TIGARD AND CITY OF'KING CITY
ECONOMIC AND ENGINEERING SERVICES, INC.
-23803 W Meead=Avanu@.5ude 365
Ponland.OR 87201
15o31223.3033•FAX IBM)274-6248
EXHIBIT A
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING
CITY AND THE CITY OF TIGARD
Letter Verifying System Asset and Liability Allocations from EES'Final Report
November 1, 1994
Ms.Beverly Froude
Tigard Water District
8777 S.W.Burnham Street
Tigard,OR 97223
Dear Ms.Froude:
Enclosed please find Economic and Engineering Services, Inc.'s (EES's) final report of
_
syltass tme-lmhility ailocatiens�FePa£ed-for �igaull ater�listrict_(1Zistriat).._...--.---
The total of assets equals the total of liabilities. This total amount is $25,620,938 and is
allocated as follows:
Tigard Water District...................................... $5,394,464 (21.05%)
City of Tigard.........:...:.............................:.... 17,997,978 (70.25%)
CityofDurham........................................... 1,044,091 (4.08%)
City of King City.. . ................. .. . .. 1,184,406 (4.62%)
This report and the allocations have been adopted by resolutions passed by each jurisdiction.
Copies of the four resolutions are bound into this final report, immediately after this letter.
Very.truly yours,
��4E0 PROr
GIN eoy ECONONIIC AND ENGDUOLING
,Q2 SERVICES,.INC.
OREGON
7
4 r 2, 1S, -P Gilbert K Meigs
Rr R. Project Manager
GRM:pp
wln*l prd rpl
Page o -�
Orympm.WA Bellevue.WA Varwomr.ac Ponww.OR Washington.D.c
EXHIBIT A
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING
CITY AND THE CITY OF TIGARD.
City of Tigard -
Analysis of Proportionate Interest Allocations
Updated from Tigard Water District System Assets and Liabilities Final Report-November 1994
Allocation Basis
Real Market .
Consumption* Value"" Meters'
(A) (B) (C)
District 641,523 880,511,030 3,671 .
Tigard 2,093,982 2,822,340,560 12,196
King City 130,395 201,727,000 1,238
Durham 74,115 116,051,350: 358
2,940,015 4,020,629,940: 17,463
Proportionate Interests
Propo 'ovate Change From
Inte is Original
District 21.82% 21.90% 21.020/6 1.58% 3.99%
Tigard 71.22% 70.20% 69.84% 0.42% -2.96%
King City 4.44% 5.02% 7.09% 5.51% -1.20%
Durham 2.52% 2.89% .2.05% 2.490/6 0.18%
100.000/0 100.00% 100.00% 1)0.000/4i 0.00%
"Other Assets"Percentages For Allocations
District. Tigard King City Du am
District,Tigard, King City 22.13% 72.22% 5.65% 0.00% 100.00%
District,Tigard 23.46% 76.54°x6 0.00% 0.00% 100.00%°
Tigard, Durham 0.00% 96.59% 0.00% 3.41% 100.00%
• Annual consumption from November 1, 2005 through October 31,20.06
Real Market Value(RMV) Updated as of November 7;2006
Meter count,updated as of October 31, 2006
TWD Study Analysis.xis Tc� - 6/5/20072:47 PM
y ..
EXHIBIT A
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KING
CITY AND THE CITY OF TIGARD
CITY 4F KING CITY
RESOLUTION NO. R-94-17
A RESOLUTION OF THE CITY COUNCIL,CITY OF KING CITY, OREGON, TO ADOPT THE,
TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS REVISED BY t
THE INTERGOVERNMENTAL'WATER BOARD (IWB)
WHEREAS, the Tigard Water District,'in accordance With Section 4 of the Intergovernmental
Agreement (hereinafter "Agreement') between.the City of Tigard and the 'Tigard 'Vater District for
Delivery of Water Service to Tenitorles Within the District Boundaries has caused preparation of a System
Assets and Liability Report; and
AREAS, the Tigard Water District accepted the report with amendments on September 12,
1994; and
WHEREAS,the Intergovernmental Wates Board reviewed the Tigard Water District's actions and
i further amendments as proposed by Tigard Water District and its consultants, Economic*Engineering
Services, Inc., and unanimously voted to recommend that the cities of Durham, King City,:and Tigard
formally adopt the plan; and
AREAS,the City of King City acknowledges that it has reviewed the report and amendments
and'finds its contents to be consistent with the direction given to the IWB participants within Section 4
of the Agreement;
NOW, THEREFORE,BE IT RESOLVED by the KING QTY COUNCIL that:
section 1: The conclusions contained within the Tigard Water District System Assets and Liability
Report as revised by the Intesgovemmental Water Board MM)are accepted and adopted.
INTRODUCED AND ADOPTED by the City of King City Council and signed by me in
authentication of its passage this 21stday of Sep hLr , 1994.
CITY OF-GING CITY, ORWYON
By
'Lynda M.
Mayor -King City
ATTEST:
�Q T l k
City it6cortler
RESOLUTION NO. 9 -17 Page 1 of l
EXHIBIT A
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF:KING
CITY AND THE CITY OF TIGARD
4. Dlvrson of Dricrinal District Assets.
A' Pursua it;to;:OERS.�222:5.4 C(4)-;-ttie District'agrees -that -the
division o .,.as'S,ets ester: withdrawal from the".orig%na1 District by
the Citiesl be. consistent with 'the .fo,'low ng- concepts:
J1) Assets..''inc.lude`-real, personal and .intangible property.
Intaig,i3�he pr.oper'ty" 'in.clud.es but is not limited to: moneys,
checks, drafts., -deposits, interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Tigard's water supply system throughout the original
District, not.including those "other assets" of Tigard.
Personal and intangible property are system assets.
'Water, :mains, . ..service . installations, structures,
facilities,
or other property necessary .for k
opera ion'. 'of the City of Tigard's water supply system �
throughout. the _orJ_g :nal District are system assets.
b Other, Assets Assets not necessary for the y lwl
operat3,nxi the:.City of. -Ti.gard's water supply system O O
hrouhout the' oric� nal :'District :: Other :assets shall Z
' : become the prppert of -the jurisdiction in awhich...the
Y � ..
__ :�aSsetJ: Ys `,located Water. mars, tservice installations, - d a
structures;, fac�lrties, improvements or other property
Trot necessary fori'-the operation of, the'. City of Tigard's o G
water supply system throughout the original District are °, C
ther assets p
$. All system assets and other assets shall be pledged by d
the :Cities and the District to Tigard.. All system assets and other C y
assets shall be managed by Tigard and shall be utilized by Tigard rt >
in order to provide water services to properties, residences and a
businesses in the original District. y
C. Should one of the Cities or the District terminate its y. M
water service agreement with Tigard, the Cities' and the District's 4
proportionate interest in a system asset shall be determined based - Z
upon the following formula: y
Jurisdiction:':s ..Proportionate Interest. = (A + B + C) /3
.Percentage of..Current Consumption. in
E ', argi�rtei ,DXstrict
13' ;Jury r'ce
_ .d. ,,,,?Q'1'► ,e. rita; e` .tof. ;Current e
:�� - - ,.:,.•- .::: - ,. - .g... _ � .al .Market
to
-
rig_ is rict , ..
C Jurisdiction's Percentage of •Current Meters in
original District
'The Cities' and.the District's proportionate interest in
a system :asset capital improvement- shall be based upon the capital
improvement's. -depreciated :value:.". The .depreciated value shall- be
'based :ui.on'•:;the''-:iYseful, ; e,:of. the capital improvement under
genex:ally accepted .accounting principles using a straight line
method c . depro-biation...-.: .
-
_ir7E
- - 'i. 1. - -
tD ti
:�,,.o .te t`
i
_ _p �._, „�nna.._�;on o� i.this A�reeme�nt, other ':assets ,shall.
become the �p�aperty of the `j uri'sdi¢tion in .'which the: ;ass.et is
,.]o atad'. '
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITIES OF TIGARD AND KING CITY
FOR DELIVERY OF WATER SERVICE TO KING CITY
This Agreement is made and entered into by the cities of
Tigard, an Oregon municipal corporation, (hereinafter "Tigard")
and King City, an Oregon municipal corporation, (hereinafter "King
City") . Tigard and King City are jointly referred to herein as
"the Parties." Unless identified as "original, " "District" refers
to the remnant Tigard Water District.
RECITALS:
1. The cities of Tigard, King City and Durham (collectively
the "Cities") withdrew from the original District effective July
1, 1993 .
2. Pursuant to ORS 222.540, the District is obligated to
turn over to the Cities its water mains, service installations,
structures, facilities, improvements and other property in the area
withdrawn from the District as it existed on June 30, 1993,
(original District) that are not necessary for the operation of the
remainder of the water supply system of the District.
3 . The area withdrawn by Tigard was a major portion of the
original District. Because of this, Tigard is entitled to a major
portion of the original District's infrastructure pursuant to ORS
222.540. King City and Durham are entitled to smaller portions of
the original District's infrastructure. Furthermore pursuant to
ORS 222.550, should the District dissolve, Tigard will be in a
position to obtain all of the District's remaining assets which
have not been distributed under ORS 222.540.
4. With the assets and infrastructure obtained by its
withdrawal from the original District, Tigard is creating a city
water department.
5. The Cities and District agree that it is in their best
interest if King City, Durham and the District were to be an
integrated part of a water supply network receiving water service
from Tigard's city water department. Tigard will receive revenue
from water users in Tigard, King City, Durham, and the District,
and with that revenue Tigard will provide the funds to pay for
expenses incurred in providing water service.
6. The Cities and District agree that it is in their best
interest to share authority for decision-making regarding the long-
term water supply and capital improvement planning to serve
present and future water customers of the original District.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 1 (12/28/93 - FINAL)
7. The Parties shall continue to prepare independent tax
coordination plans.
S. The Parties acknowledge that they have authority to enter
into this Intergovernmental Agreement pursuant to the powers of
their respective municipal charters and pursuant to ORS 19.0.010.
NOW, THEREFORE, the premises being in general as stated in
the foregoing recitals, it is agreed by and between the Parties
hereto as follows:
1. Mission Statement.
The Cities withdrew from the original District with intent to
take a more active role in planning and operating a domestic water
supply system for the Southeast Washington County area in order to
provide the residents of that area with the highest quality water
service at the lowest possible cost. In keeping with that
intention, the Parties to this Intergovernmental Agreement commit
to working together to provide all of the residents and undeveloped
property in the original District with a clean, economical water
supply. The Parties further commit to working together and with
other agencies and jurisdictions in a cooperative effort to plan
for the future long term water supply needs of the area..
2. Term.
This Agreement will be in full force and effect until December
31, 2018, unless sooner terminated by one or both of the Parties.
Either party may terminate this Agreement by providing written
notice to the other party a minimum of ten years prior to the
effective date of termination. Tigard recognizes that by this
Agreement, it is assuming the responsibility to provide water to
the inhabitants of King City for the duration of this Agreement
unless a reasonable alternative domestic water supply is available
to King City and the Agreement is terminated.
3. Intergovernmental Water Board.
A. Tigard will establish an Intergovernmental Water Board
(IWB) . The Intergovernmental Water Board will consist of five
members. Members of the Board will be appointed by the respective
governing bodies as follows:
Tigard - One Member
King City - One Member
Durham - One Member
District/Unincorporated Area - One Member
At Large - One Member selected by a majority vote of the
Other Members
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 2 (12/28/.93 - FINAL)
B. Intergovernmental Water Board Terms.
(1) Initially, three Board members shall be appointed for a
term of three years (from January 1, 1994 to December
31, 1996) and two Board members shall be appointed for
a term of two years (from January 1, 1994 to December
31, 1995) . There shall be a drawing of lots to determine
which Board members will serve two years and which will
serve three years. Thereafter, Board members shall have
two year terms.
(2) Board members shall be appointed in December for the
following two year term. Each term will begin on January
1. Each term will end on December 31 and each Board
member shall serve until a successor has been appointed.
Members may be re-appointed to succeeding terms.
Vacancies may be filled in the same manner as a regular
appointment.
(3) Board members shall be an elected official serving on
the respective governing body except for that member
selected by a majority vote of the other members. Each
respective governing body may appoint an alternate to
attend meetings in the place of a regularly appointed
Board member. The alternate shall be appointed in the
same manner and must meet the same qualifications as the
regularly appointed Board member.
C. Tigard may appoint city officials as ex officio members
of the Intergovernmental Water Board to assist the Board in its
duties. They shall serve at the pleasure of the Tigard City
Council and shall have no voting privileges.
D. A quorum of the Board shall be three (3) members. All
actions of the Board shall require at least three (3) votes,
excluding abstentions.
E. The Intergovernmental Water Board will make
recommendations to the Tigard City Council on water service issues
and will have the following responsibilities:
(1) to make a continuing study of the rate structure of the
water system.
(2) to consider and prepare plans for and make
recommendations to the Council for a long-range operation
and management program.
(3) to investigate and study means of effecting economies in
operation and management.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 3 (12/28/93 - FINAL)
(4) to review and make recommendations to the Budget
Committee and Council on all budget requests for
operation and maintenance.
(5) to study and consider ways and means of improving the
water system and services which it provides.
(6) to study and make recommendations on Tigard's program
for providing insurance for system assets and operations.
(7) to make a continuing review of any and all rules and
regulations regarding the water system which may be
adopted by the Council and periodically to make
recommendations to the Council for additions or
amendments of such rules and regulations.
(8) to work with other agencies and jurisdictions in a
cooperative effort to plan for the future water supply
needs of the area.
(9) to make recommendations to the Council relative to all
of the above-mentioned matters and as to any other
matters which the Intergovernmental Water Board may feel
to be for the good of the water system, the overall
public interest and for the benefit of the consumer.
F. Power to Grant Variances
(1) Except when prohibited by subsection 2 of this section,
upon application, the Intergovernmental Water Board may
grant variances from the water system rules and
regulations enacted by the City of Tigard when it finds
that: a) strict application of the rules and regulations
create undue economic hardship for the applicant with no
significant benefit to the water system; b) the variance
requested has no material adverse effect upon the water
system and it is consistent with established policies of
the Tigard City Council.
(2) The Intergovernmental Water Board may not grant variances
relating to annexation of property, fire protection
requirements, cross-connection requirements, fees, rates
and charges.
4. Division of Original District Assets.
A. Pursuant to ORS 222.540(4) , the District agrees that the
division of assets after withdrawal from the original District by
the Cities shall be consistent with the following concepts:
INTERGOVERNMENTAL AGREEMENT
TIGARDAING CITY - 4 (12/28/93 - FINAL)
(1) Assets include real, personal and intangible property.
"Intangible property" includes but is not limited to: moneys,
checks, drafts, deposits, interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Tigard's water supply system throughout the original
District, not including those "other assets" of Tigard.
Personal and intangible property are system assets.
Water mains, service installations, structures,
facilities, improvements or other property necessary for
operation of the City of Tigard's water supply system
throughout the original District are system assets.
b. Other Assets: Assets not necessary for the
operation of the City of -Tigard's water supply system
throughout the original District. Other assets shall
become the property of the jurisdiction in which the
asset is located. Water mains., service installations,
structures, facilities, improvements or other property
not necessary for the operation of the City of Tigard's
water supply system throughout the original District are
other assets.
B. All system assets and other assets shall be pledged by
the Cities and the District to Tigard. All system assets and other
assets shall be managed by Tigard and shall be utilized by Tigard
in order to provide water services to properties, residences and
businesses in the original District.
C. Should one of the Cities or the District terminate its
water service agreement with Tigard, the Cities' and the District's
proportionate interest in a system asset shall be determined based
upon the following formula:
Jurisdiction's Proportionate Interest = (A + B + C) /3
A = Jurisdiction's Percentage of Current Consumption in
original District
B = Jurisdiction's Percentage of Current Real Market
Value in original District
C = Jurisdiction's Percentage of Current Meters in
original District
The Cities' and the District's proportionate interest in
a system asset capital improvement shall be based upon the capital
improvement's depreciated value. The depreciated value shall be
based upon the useful life of the capital improvement under
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 5 (12/28/93 —FINAL)
generally accepted accounting principles using a straight line
method of depreciation,.
D. Upon termination of this Agreement, other assets shall
become the property of the jurisdiction in which the asset is
located.
5. Asset OwnershiRlWater Rates/Revenues.
A. Tigard's Utilization of Assets.
(1) The Parties agree that all system assets in which the
Parties have an undetermined .proportionate interest and all
other assets received as a result of the division of assets
after withdrawal from the original District by the Cities
shall be utilized by Tigard in order to provide water services
to properties, residences and businesses in King City. King
City's ownership interest in the assets shall remain though
the assets are being utilized by Tigard, unless and until
transferred to Tigard by agreement or operation of law.
Tigard will maintain and insure the real and personal property
assets it utilizes. The Parties agree to execute all
documents necessary to allow utilization of the assets by
Tigard.
(2) Tigard agrees that it will maintain, preserve and keep
the assets it utilizes in good repair and working order.
Tigard may appropriate from the water fund all moneys
necessary to meet this obligation.
(3) Tigard shall keep the assets free of all levies, liens
and encumbrances except those created by this Agreement or
consented to by the governing body of King City in writing.
The Parties to this Agreement contemplate that the assets will
be used for a governmental or proprietary purpose by Tigard
and, therefore, that the assets will be exempt from all
property taxes. Nevertheless, if the use, possession or
acquisition of the assets are determined to be subject to
taxation, Tigard shall pay when due all taxes and governmental
charges lawfully assessed or levied against or with respect
to the assets. Tigard shall pay all gas, water, steam,
electricity, heat, power, telephone, utility and other charges
incurred in the operation, maintenance, use, occupancy and
upkeep of the assets. Where there is shared use of the
assets, these costs will be shared in an equitable manner.
(4) Tigard shall maintain (i) casualty insurance insuring the
assets against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in
use in the State of Oregon and any other risks reasonably
required by King City in an amount equal to at least the
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 6 (12/28/93 - FINAL)
replacement value of the assets and, (ii) liability insurance
that protects King City, including its officers and employees,
from liability arising from Tigard's operation of the water
supply system in an amount satisfactory to King City and (iii)
worker's compensation insurance covering all employees working
on, in, near or about the assets as required under the laws
of the State of Oregon. Tigard shall furnish to King City,
certificates evidencing such coverage. All such insurance
shall be with insurers that are authorized to issue such
insurance in the State of Oregon, shall name King City as
additional insured and shall contain a provision to the effect
that such insurance shall not be canceled or modified
materially and adversely to the .interest of King City without
first giving written notice thereof to King City at least ten
(10) days in advance of such cancellation or modification.
All such casualty insurance shall contain a provision making
any losses payable to Tigard and King City as their respective
interests may appear. Tigard may meet any of these
requirements through a self-insurance program. Such insurance
requirements may be waived in writing by the governing body
of King City.
(5) To the extent permitted by law, Tigard shall indemnify,
protect, hold harmless, save and keep harmless King City from
and against any and all liability, obligation, loss, claim and
damage whatsoever, regardless of cause thereof, and all
expenses in connection therewith, including, without
limitation, counsel fees and expenses, penalties and interest
arising out of or as the result of the entering into of this
Agreement, the ownership of any asset or any accident in
connection with the operation, use, condition, possession,
storage or return of any asset resulting in damage to property
or injury to or death to any person; provided, however, that
Tigard shall not be deemed to be indemnifying King City for
claims arising from its own conduct. The indemnification
arising under this paragraph shall continue in full force and
effect notwithstanding the termination of this Agreement for
any reason.
B. The fees, rates and charges charged by Tigard for
providing water services to properties, residences and businesses
in King City shall be the same as those charged within Tigard.
Notwithstanding the foregoing, Tigard may impose higher fees, rates
and charges for providing water service to properties, residences
and businesses when the cost of providing such service is greater
due to unusual circumstances, including, but not limited to
additional cost to pump water up hill to reach customers. Any
higher fees, rates and charges imposed for providing water service
shall be reviewed by the Intergovernmental Water Board prior to
taking effect and shall be limited to covering the actual
additional costs of providing such service. When higher fees,
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 7 (12/28/93 - FINAL)
rates and charges are imposed, they shall be consistently applied
in both Tigard and the remainder of the original District:, except
that at the request of King City, Tigard will collect on behalf of
King City additional charges imposed by King City on King City
customers.
C. Moneys/Revenues.
(1) Moneys and revenues for system capital improvement shall
be held by Tigard in a fund dedicated solely for this
purpose.
(2) Moneys transferred to Tigard as a result of the division
of assets after withdrawal from the original District by
Tigard which were previously dedicated by the District
to system capital improvement shall be used solely for
system capital improvement by Tigard in accordance with
subsection S.D.
(3) Moneys deposited in a reserve fund for revenue bonds of
the water system are not a system asset and are not
subject to the system asset distribution formula in
Section 4 of this Agreement.
(4) The Parties agree to develop a methodology for system
development charges and to impose and collect such
charges in their respective jurisdictions. If any of
the Cities or District fail to impose system development
charges as contemplated herein, then the other parties
may elect to terminate collecting system development
charges within their jurisdictions. The Parties agree
that they should collect the system development charges
imposed by the District until such time as the Cities
impose their own charge.
D. Capital Improvements.
(1) (a) Capital projects shall be implemented in accord with
a long-range capital improvement program supported by
sound engineering analysis, in the best interests of
water customers within the original District, ignoring
city boundaries.
(b) The capital improvement program must be approved by
the governing bodies of one less than the number of
Jurisdictions holding an ownership interest in the water
system. A governing body may not unreasonably withhold
consent if the program is supported by sound engineering
analysis, is in the best interests of water customers
within the original District and consistent with the goal
of working together to provide all of the residents' and
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 8 (12/28/93 - FINAL)
property in the original District with a clean,
economical water supply. If a proposed capital
improvement program is not approved as provided for in
this subsection, then the governing bodies of any two
jurisdictions may request mediation under the provisions
of ORS Chapter 36 to determine if approval of the program
has been unreasonably withheld.
(c) Tigard shall prepare and deliver to the Cities and
the District a proposed Capital Improvement Plan no later
than June 30, 1994 for consideration by the Cities and
the District. The District's Capital Improvement. Plan
dated June, 1993, will guide Tigard's spending on capital
projects until a capital improvement program is adopted
pursuant to subsection (b) .
(2) The capital improvement program shall establish the
location of a capital improvement whether within Tigard,
King City, Durham or the District and shall distinguish
whether a capital improvement qualifies as a system asset
or other asset.
(3) Capital improvements made subsequent to entering into
this Agreement that are determined to be other assets
shall become the property of the jurisdiction in which
the improvement is located. For capital improvements
made subsequent to entering into this Agreement that are
determined to be system assets, the Cities and the
District each shall have a proportionate interest in such
"system asset" capital improvement's depreciated value.
The depreciated value shall be based upon the useful life
of the capital improvement under generally accepted
accounting principles using a straight line method of
depreciation. The Cities' and the District's
proportionate interest in such "system asset" capital
improvement's depreciated value shall be determined based
upon the formula in Section 4.D. of this Agreement.
(4) Should one of the Cities or the District terminate its
water service agreement with Tigard, such jurisdiction
shall have rights to the use of all system assets equal
to its Jurisdiction's Proportionate Interest as
determined above. Tigard shall be provided reasonable
compensation for any use of its water system necessary
for the continued reasonable use of a system asset by a
jurisdiction. If the asset is not essential to the
operation of such jurisdiction's water system, Tigard may
terminate such jurisdiction's rights in the system asset
capital improvement by payment of a sum equal to the
Jurisdiction's Proportionate Interest in the depreciated
value of such system asset.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 9 (12/28/93 - FINAL)
(5) The Parties acknowledge that the water system currently
serving the original District is an integrated system.
To the extent that either- Party should terminate this
Agreement, the Parties agree to cooperate with each other
and to enter into such agreements necessary for the
continued reasonable operation of the resulting water
systems.
E. Long-term water supply contracts shall be entered into
in accord with the best interests of water customers within the
original District, ignoring city boundaries. Long-term water
supply contracts must be approved by the governing bodies of one
less than the number of jurisdictions holding an ownership interest
in the water system. A governing body may not unreasonably withhold
consent to a contract if the contract is supported by sound
engineering analysis, is in the best interests of water customers
within the original District and consistent with the goal of
working together to provide all of the residents and property in
the original District with a clean, economical water supply. If
a proposed long-term water supply contract is not approved as
provided for in this subsection, then the governing bodies of any
two jurisdictions may request mediation under the provisions of ORS
Chapter 36 to determine if approval of the contract has been
unreasonably withheld.
F. The City of King City shall receive an annual rebate
equal to 1% of the previous year's water sale revenue within the
City of King City for potable water supply related expenses.
Tigard, at the District's request, will appropriate and deliver an
amount not to exceed $40,000 from Tigard's initial (1/94 to 6/94)
water fund budget for District operating expenses for the period
from January 1, 1994 through June 30, 1995. Tigard will reimburse
the District from water system revenues the cost of the District's
Division of Assets study undertaken to fulfill the District's
obligations pursuant to ORS 222.540.
G. Accounting
(1) Water activities will be accounted for in the same manner
as other enterprise activities currently under the
jurisdiction of Tigard. Expenditures directly linked to
water activities will be recorded in the water fund.
Applicable indirect charges will be apportioned to the
water fund in the same manner as such charges are
apportioned to other enterprise funds to properly ref lect
the costs associated with each activity. Tigard shall
use generally accepted accounting principles applicable
to utility enterprises for the recording and identifying
of all revenues and expenditures made for the water
system. The Intergovernmental Water Board shall review
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 10 (12/28/93 - FINAL)
such allocation and methodology.
(2) The accounting method used by Tigard shall, to the extent
possible, document the use of assets by Tigard for non-
water system activities. Use of assets by Tigard for
non-water activities shall be funded from resources other
than the water fund.
H. The Parties to. this Agreement shall not have the right
to transfer ownership of or remove system assets or any interest
therein received as a result of the Cities' withdrawal from the
original District or any interest in system assets acquired during
the term of this Agreement without written consent of the other
Party. Neither the benefits received by King City nor the
obligations incurred under the terms of this Agreement are
assignable or in any manner transferrable by King City without the
written consent of Tigard.
I. No part of this Agreement shall be interpreted as a
waiver of either Party's statutory rights upon annexation of
territory.
6. Indebtedness.
A. Each of the Parties shall be liable for their respective
share of the debt, if any, acquired as a result of withdrawal from
the original District.
B. Tigard may incur, without the consent of King City, debt
relating to the water supply system, provided payment of the debt
is fee, rate or charge based. If the debt is to be paid for by
means other than fees, rates or charges, Tigard must have approval
and consent of the governing body of King City in writing prior to
incurring such debt. King City shall be liable for its
proportionate share of any debt for which it has given its written
approval and consent.
C. Tigard is authorized to perform the function and activity
of incurring water revenue bond indebtedness for the water system
by authorizing the issuance of water revenue bonds pursuant to ORS
288.805 to 288.945, as amended, for the financing of water system
capital improvements. Such debt may be secured by a pledge of
water system revenues, appropriate rate covenants, and mortgaging
of water system assets. Tigard may not mortgage water system
assets without first receiving the written consent of the Cities'
and District's governing bodies.
D. If this Agreement is terminated by either Party and
indebtedness remains under Section 6.A. or has been incurred and
approved by King City in manner described in Section 6.B. , King
City shall either:
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 11 (12/28/93 - FINAL)
1. Pay in full, within 60 days of the effective date
of termination, its proportionate share of the
indebtedness; or
2. Pay annually its proportionate share of the
indebtedness as payment is due.
7. services Provided By Tigard.
A. Tigard will provide water to properties and customers in
all jurisdictions equally. If circumstances require water
restrictions, each jurisdiction shall share equally. King City
may not sell water provided through this Agreement to a third party
without the prior written consent of Tigard.
B. Tigard will provide equally and in a manner consistent
with the terms of this Agreement all services required for delivery
of potable domestic water to properties and customers within the
cities of King City and Durham as well as the territory of the
District, including but not limited to system repair and
maintenance, water distribution, new installations, system
upgrades, and billing functions.
C. King City agrees that Tigard is empowered to use any
right of condemnation possessed by King City that is necessary to
provide water services consistent with the terms of this Agreement,
and will take any action necessary for Tigard to exercise that S�
right on the request of Tigard.
8. Rules and Regulations.
A. The Rules, Rates and Regulations for Water service
Handbook, (November, 1992) , adopted by the Board of Commissioners
Tigard Water District is attached hereto as Exhibit "A" and shall
be deemed a part of this Agreement.
B. The Tigard City Council may modify, alter or repeal the
rules, rates and regulations in Exhibit "A." Rules and regulations
will be modified, altered or repealed only after the
Intergovernmental Water Board has had the opportunity to study the
proposed rules and regulations. The Intergovernmental Water Board
is empowered to make a continuing review of any and all rules and
regulations regarding the water system which may be adopted by the
Council and periodically to make recommendations to the Council
for additions or amendments of such rules and regulations. The
Parties agree to- comply with the rules and regulations currently
in effect and as hereafter adopted by the Tigard City Council, and
water service to King City shall. be governed thereby.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 12 (12/28/93 - FINAL)
9. Extension of Service.
A. Extension or modification of King City's water
distribution system shall be done only with prior written approval
of King City. Furthermore, Tigard will not make any extensions or
service connections within King City's Urban Growth Boundary
without permission from the King City City Council.
B. No development in an unincorporated area of the service
area will be required to annex to a city as a consequence of this
Agreement.
C. Residents of King City shall not be responsible for any
expenses associated with efforts of the City of Tigard to withdraw
from the Tualatin Valley Water District to reach the goal of having
a single water purveyor for Tigard.
10. Employee Benefits/Personnel.
All employees of the Southeast Washington County Joint Water
Agency shall become employees of the City. The City shall accept
such employees with all existing benefits and salary, including,
but not limited to, health, retirement, disability insurance,
wages, vacation and compensatory time. Nothing in this subsection
is intended to limit the city's authority to alter benefits or
salary except as such authority is otherwise limited by this
Agreement or by the provisions of ORS 236.605 to 236.650.
11. Annual Meeting.
The governing bodies of the Parties to this Agreement shall
meet annually with the Intergovernmental Water Board to discuss
and consider issues related to this Agreement. The
Intergovernmental Water Board and the Tigard Water Department shall
issue an annual report on its activities to the Parties at this
meeting.
12. Attorneys Fees.
In the event any suit, action or other proceeding is brought
with regard to this Agreement, or to enforce any of the provisions
hereof, the prevailing party in any such suit, action or other
proceeding, or any appeal therefrom, shall be entitled to
reasonable attorneys fees. Attorney fees which are awarded
pursuant to this Section may not be paid from the fees, rates and
charges collected by Tigard for water services.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 13 (12/28/93 - FINAL)
13. Agplicable Law.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14. Ratification of this Agreement.
Prior to the effective date of this Agreement, each Party
shall enact a. resolution ratifying the Agreement. This Agreement
may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
15. Amendments.
Any amendment to this Agreement must be approved by the
governing bodies of King City and Tigard.
16. Effective Date.
This Agreement shall be effective January 1, 1994.
CIT OgTI REGON
Attest: B
CITY O KING CITY, OREGON
Attest:
d9ardVringdty•1ga(12/28/93 -final)
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 14 (12/28/93 - FINAL)
EXHIBIT "A"
RULES,
RATES,
AND
-
REGULATIONS '==`
For Water Service `
}
November, 1992
Adopted by the
BOARD OF COMMISSIONERS
TIGARD WATER DISTRICT
Phone 503/639-1554
TIGARD WATER DISTRICT 8777 SW Burnham PO BOX 230000
NOVEMBER 1992 Tigard, OR 97223Tigard,OR 97281-.1999
r..
TIGARD TO THE PATRONS OF
WATER DISTRICT
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
This Water District is a municipal corporation,
incorporated under the laws of the State of
Position Term Oregon, and its operations"are governed by law. It -
::-
No.- Expires is governed by a Board of Commissioners, duly- =:'..
June 30 elected by the qualified voters of the District: .
Robert Wyffels; Chair 3 : 1993 '
Audrey Castile, Secretary 5 1995 The water supply and distribution system is the
Clarence Nicoli,:Treasurer_ .<<4 1095 property of the people of the District. -
Jon Kvistad 1 ° 1993
John T. Haunsperger 2 1993 The Commissioners ask the cooperation of all
patrons to insure observance of rules, protection
of the system,. and prompt payment of water bills.
Administrative Director Notify the District immediately of any condition-
Jeri L Chenelle „ ; _ needing correction.
_:.
Superintendent
`• - -- -` The Board of Commissioners meets regularly on :.
f: the second Tuesday of each month at 7:30 p.m. at
Randy J. Volk =
the District office.
}
�.. 2 3
RULES, RATES, AND REGULATIONS charges for these are shown in Appendixl. The
of the' - size of meter shall be determined by management.
TIGARD WATER DISTRICT District shall prescribe the number of buildings to
be served from one meter and such determination
shall be final. No user shall furnish water to any ..
The Board of Commissioners has adopted the family, business, institution, or premises other than
following rules; rates, and regulations for.service those occupied by that user; provided, however,'
j in the Tigard Water District. that the Board may permit a user to supply others . -
through user's service connection, in which event
Section 1. Application for Service. No service- such user will be charged an additional monthly
will be supplied or water furnished to any premises minimum for each additional user so supplied. _
except upon the written application of the legal Such permit may be revoked and separate service
owner of the premises, or his duly authorized connections required at any time.
agent, upon the printed forms of the District. Such
owner shall be responsible for all charges for Section 5. Furnishing Water. The District shall
service to said premises, whether supplied to not be obligated to furnish and install, at its
himself or to a renter.or occupant thereof, and for expense, system facilities for all property within the
the compliance of any occupant with all rules of District. The District shall, so far as reasonable
the District and practicable and within its financial means.,
however, provide adequate source of supply;
Section 2. Use of Water. Water will be furnished necessary primary feeder mains, storage facilities
for ordinary domestic, business and community and other improvements necessary to make water
purposes, and fire protection, only. No water will service generally available to all areas within the
be furnished for the direct operation of steam District. Extensions to furnish water to areas not
s - boilers, machinery or golf courses, except on an now served by the District will be made at the _
interruptible basis, and the District will assume no expense of those persons requesting service. . ;
't responsibility therein. Such extensions will be made by the District or by
those expressly authorized by the District. All
Section 3. Service Size. A standard service applications for line extensions to provide new
connection, with 5/8" x 3/4" meter, will be service are subject to review by the Board of
installed from the main to the street curb or Commissioners. Consideration will be given to the
property line. (See charges in Appendix l.) The District's ability to serve and to eligibility for
amount of the meter installation charge shall annexation to the District of the property to be
accompany all applications. Larger meters may served.
be required for some services. The additional
Y' rW 4u 5. 'T
. .,°. = .-Section 6. Private Service Pipes. All pipes from Plumbing should be of high test and first class; `
' the meter to the premises must be installed in and where pressures may become high, on 5/8" x
i accordance with good engineering practice, and 3/4" and 1" meters, a pressure regulator may be
• maintained in good order by the user.. Pipes must installed at the meter by the District to control
be laid 24 inches deep and provided with a stop varying pressures. (On meters 1 1/2" and larger,
and waste valve for drainage, and all standpipes user is responsible for installing a pressure
.� or fittings of any kind must be so located, regulator.) The District will not be responsible for
anchored and installed as not to interfere with or damage from varying pressures. The Administrator
endanger the meter. All pipes must be well or authorized person may inspect pipes and
protected from freezing. plumbing at proper times.
Section 7. Credit for Water Leaks. When a water Section 10. Physical Connections with other
'I leak occurs on the customer's side of the water Water Supplies or Systems. Neither cross
�! meter resulting in an unusually high water bill, connections nor physical connections of any kind
customers can apply for a credit to their water bill shall be made to any other water supply, whether
equal to 1/2 the cost of the leak (above the private or public, without the written consent and
normal bill), up to a maximum of$150. Customers approval of the Board of Commissioners, and the
I '
�I must apply for credit in writing, to the Water written approval of the Oregon State Board of
District, and forward proof of the leak being fixed Health. (Included in this category are all pipe lines,
in a timely manner. appurtenances and facilities of the District system
jand all pipes, appurtenances, pumps, tanks,-
Section 8. Jurisdiction. All service connections, storage reservoirs, facilities, equipment, appli-
�'I meters, mains and parts of the system through ances, etc., of other systems whether located
which water is served, except the pipes beyond within or on public or private property, or the
the meter, are the property of the District, and premises of a water user.)
under its exclusive control. No person other than
.`' . the Administrator or authorized person shall install The District's Administrator or other authorized
any service, make any extension, tum the water representative shall have the right without being
i on or off, or otherwise tamper or interfere with the deemed guilty of trespass or unlawful act to check
water or the system. the premises of users for physical connections
with other water supplies. Any such connection
: .. : Section 9. Waste—Plumbing—inspection. shall be removed by the customer within ten days
Water will not be furnished to premises where it is after written notice to remove is given by the .
allowed to run or waste to prevent freezing, or District. If not removed within the time specified, .
through defective plumbing, or otherwise. the District may remove or discontinue any i
6. 7
;connection which it may have for servicing the tion or pollution due to cross connections.
property. Water service to any premises shall be contingent
upon the customer providing cross connection
Section.11. Cross Connection Control control in a manner approved by Tigard Water
;d Program. Be it resolved that the Board of District. Backflow devices required to be installed
�I Commissioners, Tigard Water District, hereby shall be a model approved by the Oregon State
adopts a cross connection control program as Health Division.
described below, effective May 13,1986:
h
Authorized employees of Tigard Water District with
.;: The purpose of this resolution is to protect the proper identification shall have free access at
water supply of Tigard Water District from reasonable hours of the day to those parts of a
contamination or pollution from potential cross premise or within buildings to which water is
connections; and to assure that approved supplied. Water service may be refused or
backflow devices are tested annually. tgnninated to any premise for failure to allow
h necessary inspections.
The installation or maintenance of any cross
connection which would endanger the water ADOPTED by the Board of Commissioners, Tigard
i; supply of Tigard Water District is prohibited. Any Water District, on May 13,1986.
such cross connection now existing or hereafter
installed is hereby declared unlawful and shall be These requirements must be strictly observed as a
rectified as directed by the Board of Commission- matter of public health and to prevent any possible
ers or its authorized representative(s). contamination of the water system.
. h
I. The control or elimination of cross connections Section 12. Reading--Billing. Meters will be read
shall be in accordance with the regulations of on or about the 20th day of each month for the
Oregon State Health Division. The policies, preceding two months. Fifteen days or less will be
}; billed as a half-month. Over 45 days will be billed
procedures, and criteria for determining appropri-
ate levels of protection shall be in accordance with as two full months.
the Accepted Procedure and Practice in Cross
Connection Control Manual, Amer. Water Works Section 13. Payment—Delinquency. All bills are
1 Association, Pacific Northwest Section, current due on the 12th day of the calendar month
edition (OR Admin. Rules, Ch. 333-61.070). following billing. The amount due must be paid to
an authorized agent of the District. Unpaid bills
It shall be the objective of Tigard Water District to become delinquent after the 12th of the month.
protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is
• i.�asw.
GA.RD •WATER
DISTRICT
-
F
� II
• � c�`� '�'- �.—�_� �' (�-4�� �` � �, '4 a s-e�
1
8
violated, the-water will be shut off and service Section 18. Main Extensions, designed and
disconnected until payment is received in full, and installed by the District.All extensions of mains.
compliance with all rules is made. and laterals of the District, and installed by the
I District, shall be paid for by the person or their
Section 14. Water Rates. See Appendix IL assigns who desire such extensions, at cost plus
i� Charge for turning off and on when water service 10% for overhead and supervision, and 8% for .
'i is discontinued for non-payment of bill: $5.00 for engineering. The estimated cost thereof, together
I, the first two times; $10.00 thereafter. with such 18%, shall be deposited with the District
when application for such main extensions is _
Section 15. Discontinuance of Service for 30 made.
days or more will be made upon written applica ' .
tion, without charge, provided all bills are paid. Designed by others, installed by the District.
'i When design or supervision of installation of
Section 16. Interrupted Service—Changes in improvements is performed by licensed engineers,
j Pressure. The water may be shut off at any time subject to approval by the Water District,and
;I for repairs or other necessary work with or without installed by the District, a fee shall be paid of 10%
notice. Conditions may cause a variation of the for administration, inspections, water loss,
pressure. The District will not be responsible for sampling, etc., and 2% for engineering review.
! any damage caused by interruption of service or The estimated cost therof, together with such
fvarying pressure. When service is interrupted, hot 12%, shall be deposited with the District when
water faucets should be kept closed to prevent application for such main extentions is made.
�! back flow of hot water or steam.
Designed and installed by others.When design,
Section 17. Service Connection Maintenance. I or supervision of installation of improvements is
_ The Water District will maintain all standard performed by licensed engineers, and installation
service connections in good repair without is performed and paid for by others, subject to
i; expense to the users. Each user is required to use approval by the District, a fee of 120/6 of construc-
reasonable care and diligence to protect the water tion costs shall be imposed for development
N meter and meter box from loss or damage by charges.
freezing, hot water, traffic hazards, and other
causes, in default of which,such user shall pay to Size of such extensions, type of pipe, location,
the Water District the full amount of the resulting gate valves, fixtures, fire hydrants and other
damage. fittings shall be under District specifications and
subject to District approval, and such mains shall
i be laid from the end of the existing main to the far _
110-
end
end of the property to be served. No lines or I and approved by District personnel to ensure
laterals shall be laid until the estimated cost i compliance with plans and specifications.
�j thereof, as hereinabove set forth, shall have been Back-filling of trenches prior to District approval is
deposited with the District. All such extensions of unauthorized.
mains and laterals, and installation of fire hydrants
shall be the sole property,of the District, without i If water main extension is necessary to serve an
�! right of immediate refund on the partof the person existing single family dwelling and the main size
or persons paying for such extension or on the required by the Tigard Water District is larger than
part of any person or persons whomsoever. No a 6" line, then that single family dwelling will pa
Y
1�} extension of main will be permitted, accepted or the cost of a 6" installation across the front of their
served by the District unless such line be at least a property, plus the cost of the meter.
6-inch diameter pipe. Short extensions, such as
cul-de-sacs, can be of smaller diameter upon Applicant(s) will agree to be bound by and comply
approval of the District. with the District's main extension policy and rules
iand regulations and any subsequent revisions or
When a person is required to pay the cost of amendments to same which may be made from
extending a water main adjacent to property other time to time.
i than that person's own so that water service for '
domestic use is provided for such other property Section 19. Limitation on the use of water as to
without further extension of the water main, the hours, purpose, or manner, may be prescribed
District shall require the owner of the other from time to time by the Board.
property, prior to providing water service to that
property, to refund to the person required to pay Section 20. Temporary or Transient Service.
the cost of extending the water main, a pro rata Temporary or transient service for construction
portion of the cost of extension. The right to work will be rendered upon deposit in advance of
require such refund shall not continue for more 1 connection charge and one month's estimated -
j than 10 years after the date of installation of the water bill, and payment on the first of each month
i extension of the water main. The amount to be of all accrued charges. Upon discontinuance of
refunded shall be determined by the District and j service, refund will be made for all connection
such determination shall be final. materials usable by the District at their depreciated
value, less the cost of removal and all charges
Each construction contractor shall be approved by due. No temporary service shall be installed for
competent District authority ty prior to installing pipe any residence or building where a permanent
lines; pumps, etc. Those installations made by service connection may later be installed.
private contractors will be thoroughly inspected
12
Section 21. Construction Water. Water used via ' � Section-26..
Amendments—Special Rules
Contracts.The Board may at any time amend,
a permanent meter installation for construction �-
ur will be billed at the one month's rate change or modify any rule; rate.or charge, or make
•
purposes any special rule, rate or contract, and all water
(See Appendix II) at completion of construction, service is subject to such power.
I: but not to exceed a period of 6 months, unless
authorized by the District. Section 27. Grievances. Any unresolved
P
grievances as to service or complaint shall be
Section 22. Meter Out-of-Order—Test. If a meter reported and will be considered by the Board at
shall fail to measure accurately, the bill shall be the next regular monthly meeting.
I the average.for the same periods in prior years.
Tests will be made periodically without charge toSection 28.The Administrator and Employees
the user. A user may demand a test upon payment 1`J are not authorized to make any changes in these
of a$5.00 charge for such test. If the meter reads rules, rates, or regulations.
5%or more over, such charge shall be.rebated to
the user.
Approved November 28,1972
Section 23. Fire Hydrants. Fire hydrants will be pP _
installed by the Water District upon receipt of Revised November, 1992:..
payment in advance of the estimated cost of the BOARD OF COMMISSIONERS
hydrant, fittings, and installation, plus 10% for
overhead.
Section 24. Fire Hydrant—Temporary Use.Any
person who desires to use a fire hydrant for
t temporary water supply must obtain permission of
the District The user will be charged$25.00 for -�
hook-up service plus the effective user rate as j
shown in Appendix 11 plus $25.00/month for
continued use. User is responsible for repair and/
or replacement of damaged meter.
Section 25. Illegal Use of Fire Hydrant or Meter.
The penalty for connection to a fire hydrant or
j meter without proper authority is a $100 fine.. f
APPENDIX 1—Meter Installation-Charges Wi;yn` APPENDIX 1{—Water Rates
�w '.
- Copper Service, including P-R Valve Monthly Minimum' Out of District
if required, Connection Fee Meter Size (400 cubic feet) (Additional)
Size of Meter Charge Schedule 5/8"x3/4" $ 6.50 $ 2.50
- 1" 10.50 4.00
System
1 1/2" 16.50 6.00
Development Installation Total 2" 33.50 10.00
Meter Size Charge Fees Charges 3" 61.50 15.00
<:
5/8"x3/4" $ 845- + $250 = $ 1095 %t' 4" 103.50 19.00
1". 1690 + 350 = 2040 6" 144.50 28.00
1 1/2" 4225. + 715 = 4940 `;_ 8" 201.00 38.00
2" 6760 + 945 = 7705 •
Rate over 400 cubic feet: $1.20 per 100 cubic feet.
3" 13,520 + cost plus 10%
4" 21,125 - + cost plus 10% Fire Rates (Sprinklers) will be based on the size of '
6" 42,250 + cost plus 10% the service going into the building or vault:
8" 67,600 + cost plus 10% $15 a mo.— 6" & smaller
10" 97,175 + cost plus 10% $20 a mo.— 8" & larger
Bull Mountain Meter Rates Booster Pumps: For areas served by District
518"x3/4" $1000 + $250 = $1250 ` owned and operated booster pumps, either to
' 2000 + 350 = 2350 r
storage or direct to the system, an additional
1
1 1/2" 5000 + 715 = 5715 ''.- minimum of$1.50 per month per meter(regard-
less of meter size) shall be made. This charge is
2" 8000 + 945 8945 not applicable to the booster pumps located at SW
3 16,000 + cost plus 10%
4" 25,000 + cost plus 10% 72nd and Hunziker Road and SW Bonita Road
6" 50,000 + cost plus 10% near 1-5.
8" 80,000 + cost plus 10%
10" 115,000 + cost plus 10%
Fire Service Connection: • Note: Billingis bi-month) so amounts above
Fee$1,250 per Fire Service Ta + 12% Fee } "` Y
P P should be multiplied by 2 to compute bill for each
based on Construction Costs. period.
ATTENTION
{ Corrections to Rules,Rates and Regulations,January 1993.
t �:... .
These changes to the Rules,Rates and Regulations for Water Service occurred after printing. Please insert the following in the
appropriate places.Wording changes within paragraphs are underlined. We apologize for any problems this may have caused.
Section 4. Separate Connection:(Add the entire section.) A separate service connection will be required for each dwelling, -
apartment or motel,place of business,and institution.All outlying buildings and premises used as a part of such dwelling place or
business or institution may be served from such connection,
as well as all buildings on such premises operated under the one
be served from one meter and such determination
management District shall prescribe the number of buildings to shall be final.No
user shall furnish water to any family,business, institution or premises other than those occupied by that user,provided,however,
that the Board may permit a user to supply others through users'service connection in which event such user will be charged an
additional monthly minimum for each additional user so supplied.Such permit maybe revoked and separate service connections
required at any time.
• f high test and first class and in conformance with the
' n (Change second sentence to read) .Plumbing should be o g " "
Section 9 ( 9 become high,on 5/8"x3/4 and 1 meters,
anorooriate codes of the j���sdiction issuing the buildina permit,and where pressures may 9
eter by the District to control varying pressures.
a pressure regulator maybe installed at the m .."
Section 12: Reading--Billing. (Eliminate the entire section.)
Section 18: (Add sentence at the beginning of the last paragraph in Section 18.) The developer or owner regaues==
„r liable 1n•en..added�ncf rinP.to deslan difficulties.
construction shall �a
Section 22: (Delete$5.00.) (Add) ". ..-.A user may demand a test upon payment of a$25.00 charge for such test. "
CITY OF TIGARD, OREGON
RESOLUTION NO. X13-(P5
A RESOLUTION OF THE CITY COUNCIL, 'CITYOF TIGARD, OREGON;, APPROVING'
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE ,.
CITY OF RING CITY, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT, AND.
APPOINTING THE CITY'S MEMBER AND ALTERNATE TO THE INTERGOVERNMENTAL
WATER BOARD CREATED UNDER SECTION 3 OF THE AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD THAT:
SECTION 1: The Intergovernmental -Agreement for water services
between the City and King City, attached hereto as
Exhibit A, is approved. The Mayor is hereby
authorized and directed to execute the Agreement.
SECTION 2: The City Recorder is authorized to do all things
necessary.to secure signatures from the.City of King
City and to deliver a copy of the signed Agreement
to the City 1of Durham and the Tigard Water District.
SECTION 3: J6 rl Cn WQ ris designated as
the City's membe on the Intergovernmental Water
Board created under Section 3 of the Agreement.
�C" L Hung is designated as
the City's.alternate member on the Intergovernmental
Water Board.
PASSED: By Un(AR"IMC)US vote of all Council members
present after being read by number and title only,
this a8 L-J' day of __DP['Em b_ 1 _ , 1993.
&IehZq_� U)
Cathy Wheatley, City R rder
APPROVED: This a FP day of �'C�m�1l , 1993.
era 1k. Ediards, Mayor
Approved as to fo
Ci Attorney
Date: !d/Q Etc,
CITY OF KING CITY
RESOLUTION NO. R-93'-25
A RESOLUTION OF THE CITY COUNCIL, CITY OF KING CITY, OREGON, APPROVING THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY .OF KING CITY AND THE CITY OF
TIGARD, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT, AND APPOINTING THE
CITY'S MEMBER AND ALTERNATE TO THE INTERGOVERNMENTAL WATER BOARD CREATED
UNDER SECTION 3 OF THE AGREEMENT. . _
WHEREAS, the City of King City has withdrawn the area within its
boundaries from the Tigard Water District; and
WHEREAS, an Intergovernmental Agreement for water services between the
City of King City and the City of Tigard has been prepared for the
Council' s review;
NOW, THEREFORE, BE IT RESOLVED by the KING CITY COUNCIL that :
Section 1 . The Intergovernmental Agreement for water services between
the City and Tigard, attached hereto as Exhibit A, is
approved. The Mayor is hereby authorized and directed to
execute .the Agreement .
Section 2 . The City Recorder is authorized to do all things necessary
to secure signatures from the City of Tigard and to deliver
a copy of the signed Agreement to the City of Durham and the
Tigard Water District .
Section 3 . Mayor Lynda Jenkins is designated as the City' s
member on the Intergovernmental Water Board created under
Section 3 of the Agreement . Councilor Barbara McCaige is
designated as the City' s alternate member on the Intergov-
ernmental Water Board.
INTRODUCED AND ADOPTED this 29th day of December 1993 .
CITY OF KING CITY, OREGON
B .
Lyn M. nkins
Mayor of ing' City
ATTEST:
By
Ter ynn Bedn rzy
City Recorder
RESOLUTION NO. R-93-25 PAGE 1
KING CITY
..........
16300 SW.116th Avenue,King City,Oregon 97224-2693
Phone:(603)639-408te, (603)639-3771 y`
AUG 0 9 1994
August 9, 1994 , r
Cathy Wheatley
City Recorder
13125 S.W.. Hall Blvd.
Tigard, OR 97223
Dear Cathy:
With the recent death of Councilor Loren
Cochrun, the Council has appointed a new
alternate member for the Intergovernmental
Water Board. I have attached the resolution
for your records..
;If you have any questions, please give me a
call .
Sincerely,
Terryl Bed arzyk
City Recorder
Enclosure
CITY OF KING CITY
RESOLUTION NO. R-94-16
A RESOLUTION OF THE CITY COUNCIL, CITY OF KING CITY, OREGON, APPOINTING
THE CITY'S MEMBER AND ALTERNATE TO THE INTERGOVERNMENTAL WATER BOARD
CREATED UNDER SECTION 3 OF THE INTERGOVERNMENTAL 'AGREEMENT FOR
WATER SERVICES.
WHEREAS, the City of King City has withdrawn the area within its boundaries from the Tigard
Water District; and
WHEREAS, an IntergovernmentalAgreement for.water services.between the'City of King City
and the City of Tigard'has.been approved by the City Council and executed by the Mayor as reflected in
Resolution R-93-25; and
WHEREAS,the designated alternate member on the Intergovernmental Water Board has resigned
from the King City Council, necessitating the naming of another alternate member;
NOW, THEREFORE, BE IT RESOLVED by the KING CITY COUNCIL that:
Section 1. Mayor Lynda M. Jenkins is designated as the City's member on the Intergovernmental
Water Board created under Section 3 of the Intergovernmental Water Agreement.
Councilor Graham Haynes is designated as the City's alternate member on the
Intergovernmental Water Board.
INTRODUCED AND ADOPTED by the City of King City Council and signed by me in
authentication of its passage this 3rd day of August , 1994.
CITY OF KING CITY, OREGON
By: '
Lynda M. enkins
Mayor - King City
ATTEST:
By: Q
Te lynn rzyk
City Recorder
RESOLUTION NO. R-94-16 Page 1 of 1