Durham - Delivery of Water Service Attachment 1. .
SECONDz AMENDMENT TO
INTERQrOVERNMENTAL,AGREEMENT' <
BETWEEN THE CITY OF DURHAM AND THE CITY OF TIGARD
FOR DELIVERY OF WATER SERVICE TO THE CITY OF DURHAM
THIS SECOND AMENDMENT TO THIS INTERGOVERNMENTAL
AGREEMENT (this "Amendment") is made and entered into as of
ZIAILe, 2007, by and between the CITY OF DURHAM, an Oregon
municipal corporation, (hereinafter "Durham") 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 DURHAM AND
THE CITY OF TIGARD FOR DELIVERY OF WATER SERVICE TO THE CITY OF
DURHAM dated December 23, 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 Durham.
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:
Second Amendment to the Intergovernmental Agreement
City of Tigard/City of Durham
Page 1 of 4
B. The fees, rates and charges charged by Tigard for providing
water services to properties, residences and businesses in Durham 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 businesseswhen the cost of providing such service is greater due to t
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, rates and charges are imposed, they shall be consistently
applied among;all member jurisdictions, except that at the request of
Durham, Tigard.will collect on behalf of Durham additional charges
imposed by Durham on Durham customers.
2. Paragraph 5. Asset Ownership/Water 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 Tigardwhich 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.D, except,that the
Intergovernmental Water Board may at its discretion, and consistent
with voting requirements in Paragraph 3.1). of this Intergovernmental
Agreement, determine that said,moneys may be used.for other purposes.
3. Paragraph 5,.Asset Ownership/Water Rates/Revenues, G.
Accounting, is added to as 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 ofthe Board shall be three (3) members. All actions
of the board shall require at,least three (3) votes, excluding
abstentions.
Second Amendment to the Intergovernmental Agreement
City of Tigard/City of Durham
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 YW6lsh irl
Signed or attested before me on �J,L/Lt 2 ,2007,by C7 ahULGI 1 9. Ba
OFFICIAL SEAL Signature of Notarial Officer
GREERAOASTON
NOTARY PUBLIC-OREGON
COMMISSION NO.373020
MY COMMISSION EXPIRES OCT.10,2007
Second Amendment to the Intergovernmental Agreement
City of Tigard/City of Durham
Page 3 of 4
IWB Representative for the City of Durham
CERTIFICATE OF NOTARY PUBLIC
i
STATE OF OREGO
COUNTY OF IiLsh
Signed or attested before me on L � 2 ,2007,by /
Signatur fNotarial Officer
OFFICIAL SEAL
GREER&&ASTON
NOTARY PUsL,IC•OREQON
EcMISSION EXNO
I E373020
�1T 0,2007
Second Amendment to the Intergovernmental Agreement
City of Tigard/City of Durham
Page 4 of 4
EXHIBIT A., .
SECOND AMENDMENT'TOi INTERGOVERNMENTAL AGREEMENT
BETWEEN,CITY OF TIGARD AND CITY OF DURHAM,
I
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ECONOMIC AND ENGINEERING SERVICES, INC.
X380 S W MacadamAvenue,Suhs 385
Ponlano.OR'87201
(503)223x3033 t FAX(503)27408248
EXHIBIT A
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
DURHAM.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
system as .et.and.liability allocations prep for the Tigard Water District(District).
The total of assets equals the total of liabilities. This total amount is $25,620,938 and is
allocated as follows:
Tigard Water District..................................... $5,3940464 (21.05%0)
City of Tigard................................................ 17,997,978 (70.25%)
City of Durham............................................ 1,044,091 (4.08%)
City of King City................................... ...... 1,1841406 (4.620%)
This report and the allocations have been adopted by resolutions passed by each.jurisdiction.
Copies of the four resolutions are bound into this.&W.report, immediately after this letter.
Very truly yours,
PRO,rEs�r
ECONOMIC AND ENGINEERING
4 4 SERVICES,INC,
pl2SGON
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aY 2' 1S. �5 Culbert R Meis
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Rr R. Project Manager
GRM:pp
w1nNp%1pr&p1
Olympia.WA Bellevue,WA Varwouver.B.0 Porlland,OR Washinglon.D.0
EX IT A
SECOND AMENDMENT TO INTERGOVER11111-NTAL AGREEMENT BETWEEN THE CITY OF
Y
DURHAM 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** Motors,
.(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 1161051,350 358
2,940,015 4,020,629,940 . 17,463
Proportionate Interests-
Proportionate Change From
Interests Original
District 21.82% 21.90% 21.02%- 21.58% 3.99%
Tigard 71.22% 70.20% 69.84% 70.42%° -2.96%
King City 4.44% 5.02% 7.09% 5.51% 1.20%
Durham 2.52% 2.89% 2.05% 2.49% 0.18%
100.00% 100.00%-__ -100.00% 100.00% 0.001/0
"Other Assets"Percentages For Allocations
District Tigard King City Durham
District Tigard, King City 72.22% 5.65% 0.00%° 100.00%
District,Tigard 23.46% 76.54'/0 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 31,2006
Real Market Value(RMV)Updated as of November 7,2006
Meter count updated as of October 31,2006
TQ _L 6/5/20072:47 PM
TWD Study Analysis.xls � "i
V
EXHIBIT A
SECOND AMENDMENTONTER RNMENTAL AGREEMENT
GOVE BETWEEN THE CITY OF
DURHAM AND THE CITY OF TIGARD
CITY OF DURHAM, OREGON
RESOLUTION NO. 32-1j
A RESOLUTION OF THE CITY COUNCIL, CITY OF DURHAM, OREGON, TO ADOPT
e THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS
REVISED BY THE INTERGOVERNMENTAL WATER BOARD (IWB)
i
WHEREAS, the Tigard Water District, in accordance with Section <
4 of the Intergovernmental Agreement (hereinafter "Agreement")
between the City of Tigard and the Tigard Water District for
Delivery of Water Service to Territories Within the District
-Boundaries has caused preparation of a System Assets and Liability
Report;. and
WHEREAS, the Tigard Water District accepted the report with
amendments on September 12,,. 1994.; and
i
WHEREAS, the Intergovernmental Water Board reviewed the Tigard
Water District's actions and further' amendments as proposed by
Tigard Water District and its consultants, Economic & Engineering
Services, Inc. , and unanimously voted to recommend that the cities
I of Durham, King City, and Tigard formally adopt the plan; and
I WHEREAS, the City of Durham 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 CITY COUNCIL OF THE CITY
OF DURHAM THAT:
SECTION 1: The conclusions contained within the_Tigard water
+ District System Assets and Liability Report as
�. revised by the Intergovernmental Water Board (IWB)
are accepted and adopted.
PASSED AND APPROVED this 2115 day of M, , 19 4.
First Reading
Mayo
i
Second„Reading ATTEST:
C ty Recorder
wamWCh\54038\IWa1e[b.[e2
Pao
3 �-
t v
EXHIBIT A
SECOND AMEN ENT TO INTERGOVERNMENTAL AGRI .ENT BETWEEN THE CITY OF
DURHAM AND THE CITY OF TIGARD
4 ;D Vision�•*of :Orifi ,.nal District Assets.
A<: ?u 't: to'-'OR`S 2:Z 5:4b'4 'the.D-'sfric't':a ees
�� � �' "that the
d p'ision.af.,'as' ets ter withdrawa<1 g from`.the _car� nal.D strict by
the Cities shad 1 `be .eoristent _w th` Ithe :following concepts
J
(l.) Ass:ets..'S ic.liide `:real, personal :.and .iritangib•le property.
I=hta gs le .grope t.r 'iritiudes 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,
ac:ii.it es, improvements ..or:•:other• property necessary •for th
ppP• �atoia',;o ;the 'Cit. of ;' igard•'s :dater supply system cn
ith'rougkigtt:;t2Yeora,g. 7a2. :pistr 'ct,:are.system assets. n y
, •�
;Other. Assets Assets not -necessary for the
ioperat io, Cx y of ;T1.g6rd1s water supply system
trQiigl}outreprigsrial iDistrct::, :Other :ass.ets shall C z
�.; .,o y
come,.:.ftI%,;::: .rp. e 9f .:e.': uris..d. cton;;irl :which.-the. �.
.' ?. Y ... h 7 t�
1'1 + !_'' 1 y Fnl
et = s 'loc'a 'e Wate ,r4nains; :�srvlce <irlstallatiox�s, o �
'structure's,;: :facile ties, ihprovements or other property c O
;riot xlec.essax ..fprk.'th .operation..of. the;. City of Tigard' s O
water supply system throughout.the original District are . z
:0ther :.assets.
$.
All system assets and other assets shall be pledged by
the. Cities. and the District to Tigard.' All system.assets. and other r
assets shall be lnanaged' by Tigard and shall be utilized by Tigard » a
in order to provide water services to properties, residences and > C)
businesses in the original District. C M
• H
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:
7urisdict oTi.'s ..Proportionate Interest. _ (A + B + C) /3
d
A' = urisicton's .Percentage.p Current Consumption in
_ �Tur �s l c1tzo71!s.; Percentage: of, ,Current Real Market
,s_ E,
e:;;3n,..o. t' cIr
'SD 's.trc
C = Jurisdiction's Percentage of .Current Meters in
original District
The Cities' aria.the District'sproportionate interest in
a system :asset :cap L.ba1 .improyement shall be based upon the capital
improvemerit'a. .depr.:eciated :'value:: . :The depreciated value shall be
-basecl ::upon! ::the.. •blisefu-' .lif e.:of.. :the capital improvement under
general. ',accepted ,a:ccounting, principles :using a, straight line
sethod;of. depreciation.,.=`
Tpori';to in i at on:"of:T his Agreeine.. other assets shall
bec'oie; the''property of the '�ur1 dactigfr n 'which tYie asset is
': • `'.' •
FIRST AMENOMENT TO INTERGOVERNMENTAL WREEMENT
BETWEEN THE CITIES OF TIGARD AND DURHAM
FOR DELIVERY OF WATER SERVICE TO DURHAM
This Agreement is made and entered into by the cities of Tigard, an Oregon municipal
corporation, (hereinafter"Tigard") and Durham, an Oregon municipal corporation,
(hereinafter"Durham"). Tigard and Durham are jointly referred to herein as "the Parties."
RECITALS
1. Section 5.F. of the 1994 Intergovernmental Agreement between the parties for the
delivery of water service to Durham provides in part that water users in Durham shall receive a
1% Discount on water service bills in lieu of an annual rebate equal to 1% of the previous year's
water sale revenue received by the Tigard Water District and King City.
2. The parties recognize that Durham's City Council has determined that it is in the public
interest of the citizens of Durham to conform the provisions of the Agreement as to this rebate
or return of revenue to provide tFiat Durham shall receive the same payment in the same form
as received by King City and the Tigard Water District.
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. Section 5.F. of the 1994 Intergovernmental Agreement for Water Services is amended to
read as follows:
"5.F. Beginning with water sale revenues collected on or after January 1, 1994,
the City of Durham shall receive an annual rebate equal to 1% of the water sale
revenue within the City of Durham. The rebate shall be calculated on a calendar
year basis and be paid within sixty (60) days after the close of such calendar
year."
2. All other provisions of the 1994 Agreement remain unchanged and in full force
and effect.
3. Pursuant to Section 15 of the 1994 agreement, this First Amendment must be
approved by the governing bodies of Durham and Tigard.
4. Effective Date:
This Agreement shall be effective December 31, 1999.
CITY O IGARD, ORE
By:
st:
CITY=MREGONBy
Attest:
First Amendment to Water IGA Rev 12-99.doe
;db
City of Durham, Oregon
RESOLUTION NO. 399-99
A RESOLUTION OF THE CITY OF DURHAM RESCINDING PARTICIPATION OF THE CITY
OF DURHAM IN A CAPITAL IMPROVEMENT PROGRAM TO CONSTRUCT A LONG-TERM
WATER SUPPLY IN THE FORM OFA TREATMENT-AND PURIFICATION PLANT TO BE
LOCATED IN OR NEAR WILSONVILLE, OREGON AND USING THE WILLAMETTE RIVER
AS A RAW WATER SOURCE UNDER RESOLUTION NO. 380-99.
WHEREAS, the City of'Tigard has formally declared its intent to not pursue construction of
capital improvements to use the Willamette River as a source of drinking water at this time and
is now considering other options; and
WHEREAS,with the adoption of Resolution No.'380-99, the Durham City Council approved the
participation of the City of Durham in a capital improvement program to construct a long-term
water supply in the form of a treatment and purification plant to be located in or near Wilsonville,
Oregon and using the Willamette River as a raw water source, together with all necessary
property acquisition, professional design and construction services, preparation for a plan for
financing the improvements and preparation of future governance agreements, with the
understanding that the initial phases of the improvement program are to be paid from revenues of
the existing water supply system managed by the City of Tigard and set aside for the purpose of
such capital improvements; and
WHEREAS, the City of Tigard is requesting that the other members of the Intergovernmental
Water Board (the "IWB") rescind their previous approval for the capital improvement program
as stated in Resolution No. 380-99; and
WHEREAS, the City of Durham supports the concept of exploring options for securing a long
term raw water source with the understanding that when the reevaluation is complete, Tigard
will return to the IWB with a recommendation on an appropriate capital improvement program
that will best meet the long term needs of the customers of all members;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DURHAM
that the City of Durham rescinds approval for the participation of the City of Durham in a capital
improvement program to construct a long-term water supply in the form of a treatment and
purification plant to be located in or near Wilsonville, Oregon and using the Willamette River as
a raw water source by repealing Resolution No. 380-99.
PASSED AND ADOPTED by the City of Durham, Oregon, this 28'h day of December, 1999.
CITY URHAM
Gerf Schirado, Mayor
ATTEST:
14a,C_
Roel C. Lundquist, eity Recorder Date: /z
Res399-99 Repeal Res380-99 Raw Water Source.doc
Page 1 of 1 j '
Djef N A L
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITIES OF TIGARD- AND [DURHAM
FOR DELIVERY OF WATER,. SERVICE TO DURHAM ;
This Agreement is made and entered into by the cities of
Tigard, an Oregon municipal corporation, (hereinafter "Tigard")
and ' Durham, an Oregon municipal corporation, .(hereinafter
"Durham") . Tigard and Durham 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 222.5.40..
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.
7. The Parties shall continue to prepare independent tax
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 1 (12/23/93 - FINAL)
coordination plans. i
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 0Rs. 190.010.
NOW, THEREFORE., the premises being in general as. stated in
the foregoingrecitals, 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 Ac
reement ' by providing written
notice to the other party a minimum of five years prior to the
effective date of termination. Tigard recognizes that by this
Agreement, it is assuming the responsibility to provide waterto
the inhabitants of Durham for the duration -of this Agreement unless
a reasonable alternative domestic water supply is, available to
Durham 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
B. Intergovernmental Water Board Terms.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 2 (12/23/93 - FINAL)
(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 Hoard 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,
ine-1-uding*[, 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.
i (4) to review and make recommendations to the Budget
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 3 (12/23/93 - FINAL)
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 .Tgardis 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 ithdrawal from the original District by
the Cities shall be consistent with the following concepts:
(1) Assets include real, personal and- intangible property.
"Intangible property" includes but is not limited to: moneys,
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 4 (12/23/93 - FINAL)
�
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 operat on' 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
waterservice agreement with Tigard,, the Cities' and the District Is
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
generally accepted accounting principles using a straight line
method of depreciation.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURfIAM - 5 (12/23/93 - FINAL)
D: Upon termination of this Agreement, other assets shall
become the property of the jurisdiction in which the asset is
located.
5. Asset OwnershipJWater RateslRevenues.
A. Tgard's Utilization of Assets. `
('1) The Parties agree that ell 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 Durham. Durham'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, reps r 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 Durham 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 'taxat'ion., 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, ' •useoccupancy and upkeep of the
assets. Where there is shared use of the assets, these costs
will Pe 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 Durham in an amount equal to at least the
replacement value of the assets and., (ii) liability insurance'
that protects .Durham, including its officers and employees,
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 6 (12/23/93 - FINAL)
from liability arising from TigarddIs operation of the water
supply system in an amount satisfactory to Durham 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 Durham,
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 Durham as
additional insured and shall contain a provision .to the effect
that such insurance shall not be canceled or modified
materially andadversely to the interest .of Durham without
first giving written notice thereof to Durham 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 Durham 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 Durham. .
(5) To the extent ,permitted by law., Tigard shall indemnify,
protect, hold harmless, save and. keep harmless Durham 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 - Durham 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 Durham shall be the same as those charged within Tigard.
Notwithstanding the foregoing,. Tigard.may impose higher fees, rates
and charges for providing water aervice 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,
rates and charges are imposed, they shall be consistently applied
in both Tigard and the remainder of the original District, except
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 7 (12/23/93 - FINAL)
that at the request of, Durham, Tigard will collect on behalf of
Durham additional charges imposed by Durham on Durham 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 b.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 collectng. ' system development
charges within their jurisdictions. The Parties agree
that <Tigard*- [they] should collect the: system
development charges imposed 'by the District until such
time as <Tigard imposesitw- [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
.j'urisdictions' holding,an ownership interest in th water
system. A governing body may not unreasonably withhold
:consent, it the program is supported by sound engineering
analysis, is. inthe best interests of. water customers
within the original. District.and consistent with the goal
sof working together. to provide;.all of the` residents and
property in the original. District with a. clean, .
economical water supply. If .. a .:. .proposed capital
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 8 (12/23/91 - FINAL)
.improvement program is not approved as provided for in
this subsection,. then the governing bodies . of any two
jurisdictions- may request,med ation .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 Paan
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,
Ring 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 as 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 det'erm'ined 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 jur:isdiction's water system, Tigard
may terminate such jurisdiction's rights . n 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.
(5) The Parties acknowledge that the water system currently
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 9 (12/23/93 - FINAL)
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 t
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.owner,ship 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 'arid 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. water users within the City of Durham shall receive a
discount of one percent., (it) on their -bills for water service in
the place of a it rebate offered to other jurisdictions receiving
water service from the City of Tigard. [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 reflect
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
such allocation and methodology.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - to (12/23/93 - FINAL)
(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
ceived by Durham nor the obligations
Party. Neither the benefits re
incurred under the terms of this Agreement are assignable or in any
manner transferrable by Durham 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 Durham, 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 Durham in,, writing prior to
incurring such debt. Durham 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, forthe 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 I
• • ; � Mete -� [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 Durham in the manner described in.-Section 6.B. , Durham
shall either:
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 11 (12/23/93 - FINAL')
1 � ,
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' `Bv Tigard.
A. Tigard will provide water to properties and customers in
all jurisdictions equally. If circumstances require water
restrictions, each jurisdiction shall share equally. Durham 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. Durham agrees that Tigard is empowered to use any right
Of condemnation possessed by Durham 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 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 inExhibit "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 ior' 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 Durham shall be governed thereby.-
9.-
hereby.9.. . Extension of Service. :
INTERGOVERNMENTAL AGREEMENT
TIGARD./DURHAM - 12 (12/23/93 - FINAL)
A. Extension or modification of Durham's water 'distribution
system shall be done only with prior written approval of Durham.
Furthermore, Tigard will. not, make any . extensions ' or service
connections within Durham's Urban, Growth Boundary without
permission from the Durham City Council.
B. No existing 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 Durham 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.
13. Applicable Law'.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 13 (12123/93 FINAL)
�
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 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 Durham and 'Tigard.
16. Effective Date.
This Agreement shall be effective January 1, 1994.
CITY , GON
Attest: By
CITY OF DURHAM, OREGON
A est• By:
VV V
tigard [dud am.iga(1ZaV93
INTERGOVERNMENTAL AGREEMENT
TIGARD/DURHAM - 14 (12/23/93 - FINAL)
i* .mak=
- EXHIBIT "A"
_ - - .. .. � �'1-:iii•s��,iM1 -1-
RULES,
RATES
AND : ` -
RIrGULATIONS
♦y
For Water Service
•!• .. •. �� .' F�K,1i k!M li• �}{t�„i,�'%:X57.
November, 1992
. . • ; ... , ' ••r. •', •,•� Y
Adopted b the
�•" � :_'���`
• - P
BOARD OF COMMISSIONERS ., }t ,
TIGARD WATER DISTR{CT, ,
. .... ''• u � • fir.'• .. • „.F.:-j.;Yl.y.t." -
. •• - - ':F�•a�I.• .. - .. ... � � � t '� }\fir , •t}.:,•
Phone 503/639=1554
TIGARD WATER DISTRICT. ~ '�'� ;
8777 SW Burnham• PO BOX 230000
NOVEMBER 1992 :.� �r.•. Tigard, OR 97223 Tigard,OR 97281 1999 �
} .: •;fes.:.. ta••�":=-i•%'; ?y''i
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
ti No.F. Expires is governed by a Board of Commissioners, duly-
June 30 elected by the qualified voters of the District: •
Robert Wyffefs,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,
r Jeri L Chenelle needing correction.
1 �l..C_•'.. ._Z ♦! .,aJw illi - '' • ,• ,
•. ;:Superinteridentx: F �;. . The Board of Commissioners'meets regularly on
Randy'J. Volk "''* ` , - ' the second Tuesday of each month at 7:30 p.m. at
the District office.
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i.M'rxlh tilG•f''
RULES, RATES, AND REGULATIONS The
charges for these are shown in Appendix 1.
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 .:
�l 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,
in the Tigard Water District. that the Board may permit a user to supply others..
through user's service connection, in which event
Section.l. Application for Service. No service- such user will be charged an additional monthly. t'
will be supplied or water furnished to any premises mihimum 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 ,
ownerr 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
=' boilers, machinery or golf courses, except on an now served by the District will 6e made at the
;= interruptible basis, and the District will assume no o expense t
p f hose persons requesting service. .
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 I.) 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
1
5.
' �' '"`•In-
Section 6 •
. Private Service Pipes. All pipes from Plumbing should be bf high test and first.class'.
i the'meter to the premises must be*installed in and where pressures may become high, on 5/8" x
accordance with good engineering practice, and 3/4" and i" 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 stopvarying arying 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
t protected from freezing. p p
plumbing at proper times.
Section 7. Credit for Water Leaks. When a water Section 10. Physical Connections with other'
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 16.1/2 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
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
and all pipes, appurtenances, pumps, tanks; -
Section 8. Jurisdiction. All service connections, storage reservoirs, facilities, equipment, appli-
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
a 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 is
any service, make any extension, turn the water representative shall have the right without being
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
1 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;
f
h defective plumbing, or otherwise.
. • • :-:: �•.. the District may remove or discontinue any- �•
;r;;is tti•i';4 _ _ _ 7
`connection which it may have for-servicing the tion or pollution due to cross connections.
Water service-to any premises shall be contingent
;> property. t
upon the customer providing cross connection
Section.1. Cross Connection Control control in a manner approved by Tigard Water
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:
y. 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 realsonable 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. tgrminated to any premise for failure to allow
necessary inspections.
The installation or maintenance of any cross
connection which would endanger the water ADOPTED by the Board of Commissioners, Tigard
: 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.
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
procedures, and criteria for determining appropd- billed as ahalf-month. Over 45 days will be billed
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
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
• r .
an authorized agent of the District. Unpaid bills
It shall be the objective of Tigard Water District to become delinquent after the 12th of tfie month.
protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is '
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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.
li District, shall be paid for by.the person or their'
Section 14. Water Rates. See Appendix H. ,.! assigns who desire such extensions, at cost plus
Charge for turning off'and�on when water service 10% for overhead and supervision, and 8% for .
is discontinued for non-payment of bill: $5.00 for engineering. The estimated cost thereof, together.
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-`
I tion, without charge, provided all bills are paid. Designed by others, installed by the District.
When design or .supervision of installation of
�� Section 16. Interrupted Service--Changes in improvements is performed by licensed engineers,
Pressure. The water may be shut off at any time subject to approval by the Water District,and
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
varying pressure. When service is interrupted, hot 1.2%, 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. or supervision of installation of improvements is
The Water District will maintain all standard performed by licensed engineers, and installation
G service connections in good repair without t. is performed and paid for by others, subject to
ii expense to the users. Each user is required to use approval by the District, a fee of'12% of construc-
r reasonable care and diligence to protect the water tion costs shall be imposed for development
meter and meter box from loss or damage by charges.
�f freezing, hot water, traffic hazards, and other A
ill 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
be laid from the end of the existing main to the far. . . .
10`:
end of the
-prope to be served. `f
rtY No lines or and approved pproved by District personnel ' '
laterals shall be laid until the estimated cost ! ' +, compliance with la nnel to ensure
thereof, as hereinabove set forth, shall have been plans and specifications.
deposited*with the District. All-such extensions of Back-filling of trenches prior to District approval is
f unauthorized.
mains and laterals, and installation of fire hydrants
shall be the sole property,of the District, without If water main extension '
right of immediate refund on n is necessary to serve
the part of the person •; existing single family dwelling and the main size
or persons paying for such extension or on the •`'
part of-any person or persons whomsoever' No required by the Tigard Water District is larger than a 6" line, then that single
.• IL. extension of main will be permitted, accepted'or � family dwelling will pay .
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 smatler diameter upon Applicant(s) will agree to be bound b a
approval of the Districtl with the District's main extension Policy and comply
' and regulations and any subsequentrevisions rulesand
When a person is required to pay the cost of or
amendments to same which may be made from
extending a water main adjacent to property other time to time.
` 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 without further.extension of the water main, the hours, purpose, or manner, may be p escribeds to
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 S
' the cost of extending the water main, a pro'rata i Temporary or transient service for con Service.
t portion of the cost of extension. The right to' work will be rendered upon deposit i construction
require such refund shall no P n advance of
t continue for more connection charge and one month's estimated
than 10 years after.the date of installation of the water bill, andpayment
extension of the water main. The amount to be of all accrued charges. Upon
the first of each month
refunded shall be determined by the District and I . service, refund will be made for all connection f
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
• I ' service shall be installed for
competent District author _
ity prior to installing pipe any residence or building where a permanent
line's, pumps, etc. Those installations made by service connection may later be installecl,
prelate contractors'will be thoroughly inspected I
s.
I.
Aq
'"` Section 26:Amenc�mentsr--Special Rules=--. -
Section 21. Construction Water. Water used via
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5�'•
Contracts.The Board may at any time.amend,
a permanent meter installation for construction '
�' ' change or modify any rule; rate.or charge, or make
purposes will be billed at the one. month's rate any special rule, rate or contract, and all water
(See Appendix Il) at completion of construction, service is subject to such power.
but not to exceed a period of 6 months, unless
authorized by the District. Section 27. Grievances. Any unresolved
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
the bill shall be
shall fail to measure accurately, the next regular monthly meeting.
the. average.for the same periods in prior years.
Tests will be made periodically without charge to Section 28.The Administrator and Employees.
the user. A user may demand a test upon payment 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 ,
'j the user.:
f 4
Section 23. Fire Hydrants:Fire hydrants will be Approved November 28,1972
�. installed by the Water District upon receipt of Revised November, 1992:. •
BOARD OF COMMISSIONERS
payment in advance of the estimated cost of the
i hydrant, fittings, and installation, plus 10% for
overhead.
1 Section 24. Fire Hydrant—Temporary Use. Any
person who desires to use a fire hydrant for4.
temporary water supply must obtain'permission of
the District. The user will be charged $25.00 for
shook-up service plus the effective user rate as
shown in Appendix Il plus $25.00/month for �>
continued use. User is res onsible'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
;meter without proper authority is a$100 fine., - r:
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fAPPENDIX l=Meter Installation Charges APPENDIX II—Water Rates : .
Y Copper.Service, including P-R Valve Monthly Minimum' Out of District
: . .` � `°• if required, Connection Fee f Meter Size400 cubic feet)) (Additional)
Size'of Meter Charge Schedule
5/8"x3/4" $ 6.50 $ 2.50
System 1" 10.50 4.00
` Development Installation Total 1 1/2" 16.50 6.00
Meter Size Charge Fees Charges 2" 33.50 10.00
' 3" 61.50 15.00
Y.l
5/8"x374". $ 845• 4. - .$25o _ $ 1095 hx 40
t 103.50 19.00
IN. 1690 + 350 = 2040 6" 144.50 28.00
11/2" 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% Fre Rates (Sprinklers) will be based on the size of.
6" 42,250 + cost plus 10%
8" 67,600 + cost plus 10% " ; ' the service going into the building or vault:
10" 97,175• + cost plus 10% $15 a mo.— 6 & smaller
$20 a mo.— 8" & larger
Bull Mountain Meter Rates Booster Pumps: For areas served ed by District
518"x314" $1000 + $250 $1250 q=; owned and operated booster pumps, either to
1". 2000 + 350 = 2350 storage or direct to the system, an 'additional
1 1/2" 5000 ' + _ minimum of 1.50-per (regard-
27
5 � � $ h r meter re and .
715 � •:. P per ( 9 :-�..
2" 8000 + – less of meter size) shall be made. This charge is
945 8945 '• •
.3" 16;000 + cost plus 10% not applicable.to the booster pumps located at SW
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% `
• Fre ;�:;:: . :,. _ .• .,._, , :.
Service Connection: .:;: • Note: Billing is bi-monthly so amounts above
`. Fee $1,250 per Fire Service Tap + 120/a Fee
:ed on Construction Costs. should be multiplied by 2 to compute bill for each
. .. period.
ATTENTION :r
Corrections to Rules,Rates and Regulations,January 1993. ;'`_••.,.
These changes to the Rules,Rates and Regulations for Water Service occurred after printing. Please insert the following in the
g
ro riate laces.Wording changes within paragraphs are underlined. We apologize for any problems this may have caused.
appropriate places. • .._. -
1 be required
on
Section a. Separate Connection:(Add the entire section.) A separate service premises used asla part of suchor placech or
apartment or motel,place of business,and institution.All outlying buildings a p under one
business or institution may be served from such connection,as welserved tl as all bro'm'one meter andngs on such rsuCh determinaemises tion shall be final.No
management.District shall prescribe 1he number of buildings to be
user shall furnish water to any family,business,I through
ii u h userson or
mises connecti n in which ch evener than those occupied t such use
will charged aner,
that the Board may permit.a user to supply othersg
additional monthly minimum for each additional user so supplied.Such permit may be revoked and separate service connections
required at anytime.
i be of high test and first class and In conformance with.the
Section 9: (Change second sentence to read)'-..Plumbing shou d 9
alaprooriate^^des of honn 1sw_��ing_th�buildino oermit, and where pressures may become high.on 5/8'k3/4"and I"meters,
a pressure regulator maybe installed at the meter by the District to control varying pressures.
Section 12: Reading--Billing. (Eliminate the entire section.)
Section 18: (Add sentence at the beginning of the last'paragraph in Seectito I 11M (i 18.) The develooer or owner requesting tins the
I oroiPH shall be liable f-' nritiM ''^`'
Section 22: (Delete$5.00.) (Add) "...A user may demand a test upon payment of a$25.00 charge for such test.. "
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CITY OF TIGARD, OREGON
RESOLUTION NO. CB -(a(d
A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE`
CITY OF ,DURHAM, 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 Durham, 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
Durham and to deliver a copy of the signed. Agreement
to the City of King City and the Tigard Water
District.
SECTION 3: Sohn sCNu-3drL, is designated as
the City's member on the Intergovernmental Water
Board created under Section 3 of the .Agreement.
—P:A.LL (Aun4- is designated as
the City's alternate member on the Intergovernmental
Water Board.
PASSED: By l)lnCL(11M I-� vote of all Council members
present after being read by number and title only,
this a8`{^ day of -4-'*)ecc4r- -A- , 1993.
Kawn, atley, City Rec der
APPROVED: This a� day A- , 1993.
. Edwards, Mayor
-Ap roved as to o °
Ci y Attorn
Date: W lag K3