Tigard Water District - Creation of Joint Water Agency Exh; b 'A
INTERIM INTERGOVERNMENTAL AGREEMENT
FOR CREATION OF A JOINT WATER AGENCY
BETWEEN: TIGARD WATER DISTRICT, (the "District")
OREGON
-AND: CITY OF TIGARD, OREGON ("Tigard")
AND: CITY OF DURHAM, OREGON ("Durham")
AND: CITY OF KING CITY, OREGON ("King City")
Recitals:
A. The District is a domestic water supply district
existing under ORS 264. The District provides domestic water
service to residences and business located in Tigard, Durham, King
City and certain unincorporated areas of Washington County.
B. Tigard, Durham and King City (collectively, the
"Cities") have enacted_ ordinances pursuant to ORS 222, effective
July 1, 1993, withdra#ing their respective territories from the
District (the "Withdrawal") .
C. Tigard, Durham, King City . and the District are
currently evaluating the most efficient long-term structure for
providing domestic water service and wish to continue this
evaluation after July 1, 1993. Pending completion of this
evaluation, Tigard, Durham, King City and the District desire to
provide an interim form of governance for the provision of water
service.
D. To provide interim governance of the water supply
system, Tigard, Durham, King City, and the District (individually,
a "Party" or collectively, the "Parties") desire to form a joint
water agency (the "Agency") pursuant to ORS 190.003 et sect and- this
Intergovernmental Agreement ("Agreement") , to provide domestic
water service for a period of six months, effective July 1, 1993,
to 'businesses and, residences currently. served by the District and
to ensurethat such businesses and residences receive equitable
service regardless of where they are located.
AQ,reements:
The parties therefore agree as follows:
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1. Purpose. The purpose of the Agency is to deliver supplies of
domestic water to residences and businesses within the boundaries
of the Agency.
2. Term. The term of the Agreement shall be July 1, 1993 through
December 31, 1993, unless sooner terminated by the unanimous
agreement of ' the 'Parties. This Agreement may renewed by
unanimous agreement of the .parties. Further, the parties agree
that they shall produce a draft final agreement within 60 days of
the effective date of this Agreement.
3. Boundaries. The initial boundaries of the Agency shall be the
same as the boundaries of the District existing on June 30, 1993.
4. Governance. -
A. Composition of Board of Directors. The Agency shall be
governed by a seven (7) member Board of Directors (the "Board")
appointed by, responsible to and acting on behalf of Tigard,
Durham, King City and the District. Each of .the Parties shall
appoint the following number of directors to the Board:
Tigard 4 Directors
Dgrham 1 Director
Kifg City 1 Director
District 1 Director
The directors may be private citizens, elected officials
or appointed officials of the Party making the appointment. Each
director shall serve at the pleasure of the Party appointing that
director. No more than two -of the appointments made by Tigard
shall be appointed officials of the. City of Tigard. Two of the
Directors appointed by Tigard shall be selected from the members of
the Board of the District serving as of June 15, 1993. The Board
shall have a Chair and a Vice-Chair who shall be selected by a vote
of the -members of the Board in accordance with subsection C. of
this section.
B. Terms of the Directors. The directors shall serve a term
from July 1, 1993 through December 31, 1993.
C. Quorum/Votes. A quorum of the Board shall be five (5)
directors. All actions of the Board shall require five votes.
U. . Powers of the Board of Directors.. On behalf of the
Agency the Board shall have all powers, 'rights and duties relating
to the Purpose. of the Agency that are vested by law in each of the
Parties to .this Agreement, and theirofficers and agencies. The
Board shall also have the power to adopt all rules necessary to
carry out the powers and duties of the .Agency under this Agreement.
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5. Asset Ownership/Water Rates/Revenues.
A. Generally. If, during. the term of this Agreement, any
assets .(both real and personal property) of the District are
received by Tigard:, Durham and King City from the District as ' a
result of the Withdrawal, those assets shall -be contributed to and
utilized by the .Agency for Agency operations. The District shall
also contribute its property to the Agency for Agency operations.
B. Division of Assets.. Each Party acknowledges the rights
of the other Parties to a division of assets pursuant to. ORS
222.540. The Parties desire to avoid such a division and agree not
to seek such a division during the term of this Agreement.
C. Use of Assets/Revenues for Non-Water Purposes. The
assets and revenues of the Agency shall not be used for non-water
related purposes.
(i) Revenues may not be utilized *for the general -fund
purposes of any Party to this Agreement. . Water rate
payers shall not be required by the Agency or- any Party
to this Agreement to pay a franchise fee or other
assessment.
(ii) The reAtriction set forth in this section shall be
sufficiently flexible to permit consolidation of some
functions, (e.g. functions related to water and sewer
service) to achieve efficiencies.
D. Uniform Rates. The rates charged by the Agency for
providing water service to residences and businesses shall be
uniform within the boundaries of the Agency. Notwithstanding the
foregoing, the Agency may impose higher rates for providing water
service to residences and businesses when the cost of providing
such service is greater due to unusual circumstances, including but
not limited - to additional costs to pump water uphill to reach
customers. Any higher rates imposed for providing water service
shall be limited to covering the actual additional costs of
providing such service.
E. Use and Location of Assets. The assets of the Agency
shall be used to ensure a uniform level and quality of service for
all residences and businesses within the boundaries of the Agency.
Consistent with sound operating practices,'-all newly acquired fixed
assets of the Agency shall be equitably located- within the
boundaries of each of the Parties.. Notwithstanding the foregoing,
assets shall be placed in the location which will produce the
greatest - efficiency and highest quality of service for the
residences and businesses served by the Agency. Furthermore,
nothing in this Agreement shall preclude placing the Agency's fixed
'assets in a location outside the boundaries of the Agency, provided
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that such a location results in greater efficiency and quality of
service than any other location within the boundaries of the
Agency.
6. Agency Budget. The expenses and revenues -of the Agency shall
be budgeted and accounted for as provided by Local Budget Law.
7. * Apportionment of Debt. The debts, liabilities and obligations
of 'the Agency incurred during the term of this Agreement shall be,
jointly and severally, the debts, liabilities and obligations of
the Parties to this Agreement.
8. - Indebtedness of the District.
A. Changes in Tax Coordination. The Withdrawal of the
Cities results - in changes in tax coordination with respect' to the
outstanding general obligation indebtedness and the liabilities of
the District. The - Parties shall within 90 days of the effective
date of this Agreement determine their respective share of the
indebtedness and liabilities and shall reach agreement among
themselves and with the Washington County Assessor for continued
payments on such indebtedness and liabilities.
B. The Parties have previously determined that assumption of
their respective portions of the District's outstanding bonded
indebtedness will not bring the total of their individual
obligations above. any Constitutional or statutory debt limitation
applicable to such Parties.
9. Employee .Benefits/Personnel. AM employees of the District
shall become employees of the Agency. The Agency 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 Agency'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 236.6.50. If,
during the term of this Agreement, the Agency proposes to lay off
transferred employees of the District, such employees shall be
entitled to a minimum of six (6) months advance written notice.
before the effective date of the layoff.
10. Expenditures. The Parties acknowledge that the withdrawals by
Tigard, King City and Durham will significantly impact the
operations of the District. During the term of this Agreement, the
Parties desire to maintain the District as a viable unit - of
government.. Accordingly, the Parties agree that the Agency will
fund all reasonable and necessary expenses of the District and.
shall provide such staff assistance as is reasonably necessary.
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T
f
1
11. Ordinance Ratifying this Agreement. 'Prior to the effective
date of this Agreement, each of the Parties shall enact an
ordinance ratifying the creation of the Agency. 'The ordinance
shall declare that it is the intent of the governing body of the
Party enacting the ordinance to create the Agency- by this
Agreement; specify the effective date of this Agreement:; set forth
the public purposes for which the Agency is created; and describe
the powers, duties and functions of the Agency. . Not later than
thirty ('30) days after the effective date of this Agreement the
Parties. shall file with the Secretary of State. copies of the
ordinances together with a statement containing the name of the
Agency, the Parties to this Agreement, the purpose of this
Agreement and the effective date of this Agreement.
12. Effective Date. The effective date of this Agreement is July
1, 1993. 'I
DATED this o�� day of �VAL , 19 �..
TIGARD WATER DISTRICT,, OREGON
By:
Attest:
CITY D ON
- By:
Attest:
CITY OF DURH4M, OREGON
WOO
By:
Attest:
CITY OF' NG CIT , OREGON
B
Attest.
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6/18/93 2 3:00am
CITY OF TIGARD, OREGON
ORDINANCE NO. 93-1_
AN ORDINANCE OF THE CITY _COUNCIL, CITY OF TIGARD, OREGON, RATIFYING THE
CREATION OF A JOINT WATER AGENCY AS SPECIFIED IN THE INTERIM
INTERGOVERNMENTAL AGREEMENT APPROVED BY THE CITY COUNCIL ON JUNE 24,
1993 AND DECLARING AN EMERGENCY
WHEREAS, the Tigard City Council, at a Special City Council meeting held
June 24, 1993, approved an Interim Intergovernmental Agreement
(Agreement) between the Tigard. Water LDistrict, City of Durham, City of
Ring City and the City of Tigard; and
WHEREAS, the effective date of said Agreement is July 1, 1993; and
WHEREAS, the Agreement specifies that the Tigard City Council as party
to said Agreement must ratify the creation of the Agency prior to the
effective date by Ordinance.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1:. Conditions of Page. 5, Section it of said L. Agreement are.
fulfilled by the attachment of said Agreement to this
Ordinance, marked "Exhibit All and, by reference, is
incorporated herein.
SECTION 2: Said Agreement declares theintentof the City of Tigard
to create the Agency; specifies the effective date of
said Agreement; sets forth the public purposes for which
the Agency is created; and describes the powers, duties
and functions of the Agency.
SECTION 3: An emergency is hereby declared to exist inasmuch as it
is necessary for the health, ,safety, and welfare of the
City that this ordinance be enacted as soon as possible,
therefore, this ordinance shall become effective upon its
signing by the appropriate authority.
PASSED: By tlWad]�&O&W vote of all Council members
present fter being read by number and title only, this
day of 1-7A M-Ll , 1993.
,��; f `�: Eliz ' h , eputy City Recorder
WA G Poe'
VEDR day of , 1993.
n,.�.•., ��• erald R. wards, Mayor
o f
Citt*,.Attorhay Certified to be a True Copy of
Original on file Ord q3- �l0
Date: - .,..... ...�.. .�.�...
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ORDINANCE No. 93- By:
Page 1 City Re/corder- City of Tigard
Date:
TIGARD WATER DISTRICT
8777 SW Burnham Street
Tigard, OR 97223
Ordinance 3-93
(THIS PAGE LEFT BLANK)
STATE OF OREGON 1 SS
County of Washington J
I;Jerry R.Hanson Director of Assessment
and Taxatiomand Ex-officio;Recorder of Con-
veyances for'said county, do.hereby certify
that the ,within instrument of. Writing was
received and.'recon 60n bqo*'Of records of
said`cou*.
Jerry s R :.Hanson Director of
Assessment and Taxation,Ex-
Off�cio CourrtY+Clerk
Doc 93062315 53. 00
Rect: 105250
08/0:3/1993 01 : 50: 32PM
RETURN TO:
930'62315
Washington County
TIGARD WATER DISTRICT
8777'S.W.BURNHAM.ST.
P.O.BOX 230000
TIGARD,OREGON 97281-1999
PHONE(503)639-1554
Cil
TIGARD WATER DISTRICT
ORDINANCE NO. 3-93
An ordinance adopting an Interim Intergovernmental Agreement for creation of a Joint
Water Agency and declaring an emergency.
i
TIGARD WATER DISTRICT
Ordinance 3-93
An'ordinance adopting an Interim Intergovernmental Agreement for creation of a Joint
Water Agency and declaring an emergency.
Whereas, Tigard Water District (the "District")'is a domestic water supply district.existing under
ORS 264`which provides domestic water service to residences and businesses located in Tigard,
Durham; King City, and certain unincorporated areas.of Washington County; and
Whereas, Tigard, Durham and King City have enacted ordinances withdrawing their respective
territories from the District; and
Whereas, Tigard, Durham, King City and the District are currently evaluating the most efficient
long term structure for providing domestic water service and wish to continue this evaluation
after July 1, 1993; and
Whereas,to provide interim governance of the water supply system, Tigard, Durham, King City
and the District desire to form a joint water agency pursuant to ORS 190.003, et seq.
Now, therefore, the District ordains as follows:
1. The Interim Intergovernmental Agreement for Creation of a Joint Water Agency, attached
hereto as Exhibit A, is approved. The Chair of the District is hereby authorized and directed
to execute and deliver the Agreement on behalf of the District.
2. The Board of Commissioners of the District declares that a state of emergency exists and
directs that this ordinance be effectively immediately upon its approval.
Chair of:the Bo
;ot
ATTEST: June 29 , 19:93
eAL
A unistrative Director
a