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Tigard Water District - Delivery of Water Service FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN'THE. CITY OF TIGARD AND THE TIGARD WATER DISTRICT 'FOR DELIVERYOF;WATER SERVICE TO TERRITORY 1 WITHIN THE DISTRICT BOUNDARIES THIS FIRST AMENDMENT TO THIS INTERGOVERNMENTAL AGREEMENT (this "Amendment") is:made and entered into as of . F� 2,57 , 2007, by and between the CITY OF TIGARD, an Oregon municipal corporation, (hereinafter "Tigard") and the Tigard Water District, a domestic water supply district existing under ORS Ch. 264, (hereinafter "District"), referred to herein as "the,Parties". RECITALS A. The Parties previously entered into that certain INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES 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 in the original District. 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 IWB`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 Ratesf Revenues , B., is replaced with the following: First Amendment to the Intergovernmental Agreement City of Tigard/Tigard Water District Pagel of 4 B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in the District 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 ` 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 the District, Tigard will collect on behalf of the District additional charges imposed by the District on District customers. 2. Paragraph S. 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 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 IntergovernmentalWater 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 Ownership/Water Rates f Revenues; G. Accounting, is added tol 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 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/Tigard Water District Page 2 of 4 •l1 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.. • 1 BY. �. IWB Representative for the City of Tigard CERTIFICATE OF NOTARY PUBLIC STATE OF OREGON COUNTY OF Wazhmdw Signed or attested before me on %JJA a 2 ,2007,by Ktjhm- Signatwf Notarial Officer OFFICIAL.SEAL y� 13REER A GASTON NOTARY PUBLIC-OREGON COMMISSION NO:373020 MY COMMISSION EXPIRES OCT.10,2007 First Amendment to the Intergovernmental Agreement City of Tigard/Tigard,Water District Page 3 of 4 By; IWB Representative for the Tigard'Water District CERTIFICATE OF NOTARY PUBLIC a STATE OF OREGONLL . COUNTY OF— M PI Signed or attested.before me on .TLC/'lam2:J 2007,by L71?Gl'0' .&.L� OFFICtAL SEAL. Signature Notarial Officer GREER A QASTON ' .NOTARY PUBLIC-OREGON COMMISSION NO:373020 MY COMMISSION EXPIRES OCT.10,2007 First Amendment to the Intergovernmental Agreement_ City of Tigard/Tigard Water District Page 4 of 4 AMENDMENT TO'INTERGO'VERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND TIGARD WATER DISTRICT ECONOMIC AND ENGINEERING SERVICES, INC. �\ ,d36o 4 W mmdem Avame,Some 965 Pwv8r .OR 67201 1s001223.9093•FAX 150312T4•8246 BXFJMIT A GRE NCENT BBTWBEN TI-E CITY OF FIRST AMItNDMENT TO INTERGOVERNMENTAL A E , TIGARD AND TM TIGARD WATER DMRICT Letter Verllping System Asset and Liability Allocations from RBS Final Report , November 1, 1994 Ms,Beverly Froude Tigard Water District 8777 S.W..Burnham Street Tigard,OR 97223 bear Ms.Froude: Enclosed please Sad Bconomic and Bn&eering Services, Ino-'s (BES's) final report of d]ialuhjjlrzr&gMs Vgpared 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....................................: $5,394,464 City of Tigard..........................................:...... 17;997,978 (70.25%) City ofDorh=............................................ 1,044,091 (4.08%) City of mng City.• 11184,406 (4.62%) ' This report and the allocations have been adopted by resolutions passed by each jurisdiction. Copies of the fbur resolutions are bound Into this Snal report,immediately after this letter. Very tnAyyours. stip PRtIFEp„ ECONOMIC AND 1ETTGMBRI O SERVICES,INC. �QR8DON9ib �//7 , Gavvvvaeert R ProjectMsnsser C€RM�p wwpmprd+pl off•WA 6e0avue,WA vMwer.n a Pordwd.oR Wea,uVlm,n.c E3�r A FIRST AMENDMENT TO IIITERGOVERPMENTAI,AGREBMENT BETVaMR THE CITY OF TIGARD AND TM TIGARD'WATER DISTRICT City of Tigard Analysis of Proportionate'Interest Allocations Updated from Tigard Water District System Assets and Liabilities Final Report November 1994 Allocation Basis Real Market Consumption* Value"'° Meters'"* (A) (B) (C) DiWc} 641,523 880,511,030 3,671 Tigard 2,093,982 2,822,340,560 12,196 Kng CRY 130,395 201,727,000 1,238 Durham 74:116. 116,051,350 358 ,015_ 4,020,829,940 17483 Proportionate Interests Proportionats Change From Interests Original District 21.82% 21.90% 21.02%* 21:58°l0 3.99% Tigard 71.22% 70.20% 69.84% 7OA2% 2.96% king City 4.44% 5.020A 7.09% . 5.51% -120% Durham 252% 289% Y.OMA 2.4996 0.18% 100.00% 100.00%.t 100.00% 100.00% 0.000/0 "Other Assets"Percentages For Allocations District Tigard _I(Ing City Durham - District,Tigard,King City 22.13% 7222%0 5.65% 0.00% 100.00% District.Tigard 23.46% 76.54% 0.00% 0.00% 1 Q0.00% Tigard,Durham 0.00% 96.59% 0.000/0 _ 3.41% 100.00% _ Annual consumption from November 1,2005 through October 31,2006 Real Market Value(RMV)Updated as of November 7,2006 **'Meter count updated as of October 31,2606 "tom ,Z o-F TWD Study Analysis.xls 615/20072:47 PM EXHIBIT A FIRST AMENDMENT TO INTRAGOVERNMENTAL AGREEMENT BETWEEN THE'CITY OF TIGARD AND THE 71GARD WATER DISTRICT CITY OF TIGARD, OREGON R SOZJUTZON NO. A a$SOLUTZON OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, TO ADOPT THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS RBQMSED BY THE INTERGOVEMMNTAL WATER BOARD (M) "EMU" the Tigard IGhber District, in-accordanoe with-S00ti.on 4 ,p the Intergovernmental Agreement hereinafter "Agreement„) between the city of Tiprd and the T gard Water District for Dalivery of 'HOateir 6ery ce to Territories Within the. District Boundaries has caused preparation of a System Assets and Liability Report= and WjMpjMgI the Tigard -Water District accepted the repbrt with amendments an. September 12, 3:994; and WMpAS,.'the Intergovernmental Water Board reviewed thel Tigard Water Distrcois actions and further amendments as proposed by Tigard Water District and its conBUItants, Economic se Mgizseering. Tigard W er and unanimously voted to recommend that the cities servicof Durham, King city, aBd. .Ti.gard formally adopt the plan; and WHEREAS, the City of Tigard acknowledges that it has reviewed the the directionng vensand finds to the TWB pts contents to be articipants withincn Section • of the Agreement; ' Now, THIIMFORE, BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF TIGARD THAT: SECTION 1: The conclusions contained within the Tigard Water District System Assets .and Liability Report , as revised by the Intergovernmental Water ,Bcard (IM) are accepted and adopted. '• PASSED: By unan'IrY1M4 vote , of all Council members preis.en xbe rig,r ad :.by number and title only, this day of A, 1994. by Wheat.leyA city Ucarder 3.994. AFI'ROVED s This c:Mda.._._ y of J Wertz, yor Approved as to form; C •y Attorn? Date: wnMUStcfi we 3 a u�uaaNl• l+ FIRST AMENUA .ZNT TO INTERGOVERNMENTAL AGREE].—a]BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT i•, <. I. _; ;;,:•.� , .,. . ,I.; .,•, ,..�:r'h•' i:�,.,. � ,.• 6SetS' •• ':r.': `•�. :rD�:�'�•sihn•�•�3Y•���r�a�z►a1��DZet�•itit_�,, . . .:- �,�', .. ''' t•.:.4•�C.��� •,�rSrli"i.f,� 1 4,�1. �- :.Y ' I.•• J:.S .'l. •1• '^,••'•: :1 '.y}f '' .,'S`Ir.YI 1:•i'.. S.'".'t /.:1! •,lu ''j• '''18•Y I•,' .• ;�;•,, ::,:;<:. ..;,'''pSO* '+, ,oi .?s'+` ;!5?#b`��4•��;'; � i ? s; ra� t,x'4cJrel=s #?a t e ,<<�} g _�(`� ia'3h.%.�roiu:;L��e sari���al; ��s�r;sct •by tsr.s!hi'l '-'b' .cons }}gia�t ". ? : o1Pwatg" �c?c,�Pts:. ' '1•,'�"�r'r����'r.`1::,:y;•.•, ,_,'11,,,'•,.•4�,-x'11 ±1t�. .,j r:: ",, :��,�'- L':'•!:.. ' � 1)' ::•. Gtr.' rr. u�e; a3 ;`: irsI?al'.a�n ',xritanga ble property. n. ia' ga��1 "p ? '"' lirii5�d�s but is not'limitec� 'to: moneys, checks, drhfts., iiepos ts , 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. Versonal and intang-lble property are system assets. X Tater; rmas, :searvice 'installations, structures, '• 'a .ite.. �, r verve is,•or:•c.�her prQpert-y necessary•far star s T of system. U : T . s'te a/ss ets. st � Y , 4 r•1 `• `yi�'' 'tIAL'hL rl: SS, t9•<1;.`• °. 00 S,Sets,.,ln'at "17eCeSSary for the a , 3d y,s water s�?1?ply system 64 ,' .4�i7 ex .,"sekts -shall r. � .,.::. bm�',• ,t p '¢ �:: eir ¢ ?;c ,F;iP :h;??k 'Wih.:thy. o -yr 1 4.. rl l:C�,•�''• '+.. 1: 7` •�. d lC"elog '• O ':,�5•�rictiire�;,:�.��,°,�,7.3.����;�:''�. ',b'v' i�t� l.tl 'per �5t�"�-ir-. �-... .;. t z}ekes. y' s�r�.'tl�e:t�ieratzon"o'f• :th ;; xty of Tagard''s O :vgteP',s tppl •sy to lx oiiyhoii�;Abe 'oxig�nal pistrict are d• <gther a? at"s ; 33. : �1 s ►stem 'assgts. and other assets shall be pledged by r, thQ ,cities and the District to -Tigard.. All system assets and other y assets shall: be managed-by Tigard and shall be utilized by Tigard � Ca 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 y 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: , ttixi$cTct 'oi,'s ,PropAt3onate Interest {A + S + C) 13 sto, ,.S`, ezce tape.Q;f.Cu�ent.Cp umption.?x4 • n'I ' •�' •'•`; i^..,�' .:.I;: •.l�'q`h,�],, � •��J � �''''• :l ill. '"� ,1'..i'h '.1�'.'.i.' '•�''I, •Lir •I1ijl Q1^ �'( .'(f���H:.'• '��•Q '.. '� i '�' � .. ' ••i 1, ..1 ,.�•.! •.ti;,`•., r!'T,�'.�''_'C:•itl. tE�„• �t;lill• cl�...� �, c,',:•`'i-.';' .i ••1: ;'ti. ••�;::ly��i':ti''yt''i:'�.,f 1;•:'l,i: S4�ti,:•V,.ly,4•!i�,�i�t/1�4��'ti�ri=•t t"':'�i� ...,..:.:� .,,r�i ,,�5•. xt Make. :I`::jsy,•�.• ��;,: 1.L. o"i'•r''t5' L a4c` .�: 1`L1, y� sn 1 •J•:•1,•: ::� (,tia.�'j�'j'�.• '�i,'.:'.li•`\'�•"j•i�?:`�'`;�'�,E'�,•-'.'ri�••31 17�� 7�•'ll��•;:-"��+..'��-',S;Fc?;•�F,t,•' ', ..i�'�` ... C = Jurisdiction's Percentage of •Cgrrent: Meters in original District The C 'ti:gs' aii4,the District's prgportiona'te interest in a sys'tein asset 'capib-al •itnproyleament shall be based upon the capital ilnpzgv�ment{s, . �p E!�4ated'!vat ue .`' , 'he'Aepreclated value shall- be > h .`�i' ful, ': fe,r iq ; :, e vtcapital improvement under gelaa] 3r :' rcepe ,eFAotiii?t?.i]B:':,P,rinca plus..using a. stray cht line .�elL.,��le+��•1'."''`t�.�or�,... 1;��'s'�:'�- '•k: -''' ,,' . •,''aiu�•.,1L}+�1,. <t'v.!! t�'.�... `X:� I,l�•S,••t..1:'''a.l,.�.•e,�,• :.4•t•r.•,�t.. �t.•'�.'�•`;i,•i� y: +�. .'I .\4••f{.• t.� I F 6"� +�1.1' �":ir`li .'11 5•••• •�a,••,.:i ,•, ..',a �.. - •••1:`r•p•1 .,,y!y '•5.�. r.{ pr. 'i :. ,gretnei f=oar rass.ets . :y�i'•�r'a'ta'±�- ,�'•�.��!�.�. ;JJ_�,• a�}l" .ti 'r:rl�rl•�� A, w`•. `' aec4' i`•�th i t.YQ':p ,�r ,q � fit :;��,+ +�k d e p?�.,;?x?•;,_01ich, : lie: :�sstie ',''�.3.OT',�a':�p{•'y .i.•Lly �y1' t:•• '� 1 :.L`: � 1•if� ;Ny ti_' '..:, • 4. hl ,:�1�•.,l' ..il.,•:�':'''•:ISI••il,. .L.' .i , 5•.S I,•:•. '�� ''.I ;+' .'�:''•..:�•i ,\• .''�. .. TIGARD WATER DISTRICT Resolution 93-17 A RESOLUTION APPROVING AN AGREEMENT WITH THE CITY OF TIGARD TO PROVIDE DOMESTIC WATER SERVICE TO THE DISTRICT. WHEREAS, the District is a domestic water supply district existing under ORS 264 providing domestic water service to residences and business' located in certain unincorporated areas of Washington County; and WHEREAS, until June 30, 1993, the District also provided domestic water service to all areas presently served by King City, the City of Durham and the City of Tigard (the "Cities"); and WHEREAS, the Cities enacted ordinances pursuant to. ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District; and WHEREAS, a Joint Water Agency (the "Agency") was formed, effective July 1, 1993, to provide domestic water supply service to businesses and residences located within the boundaries of the original boundaries of the District until December 31, 1993; and WHEREAS, the City of Tigard informed the District that it intended to establish its own water department for the purposes of providing water to the businesses and residences located within the boundaries of the City of Tigard, effective January 1, 1994; and WHEREAS, the City of Tigard has offered to contract with the District, the City of Durham and City of King City to provide domestic water service to businesses and residences in those areas; and WHEREAS, the District has negotiated a long-term water contract, in the form attached hereto as Exhibit A (the "Agreement"), with the City of Tigard for the City of Tigard to provide domestic water service to businesses and residences in the District.' Resolution 93-17 Tigard Water District NOW THEREFORE, THE TIGARD WATER DISTRICT RESOLVES AS FOLLOWS: Section 1. Approval of Agreement: The Agreement is hereby approved in substantially the form submitted to and reviewed by the Board, and as attached hereto, with such changes therein shall be approved by the representative of the District executing said document, said representative's execution thereof to be conclusive evidence of said representative's approval. The Chairman (the "Executing Official") of the District is hereby authorized and directed to execute and deliver the Agreement on behalf of and as the act and deed of the District. Section 2. Further Authority. The District shall, and the officers and agents of the District are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution and to carry out, comply with and perform the duties of the District with respect to the Agreement approved by this Resolution. Section 3. Appointments to Intergovernmental Water Board. George Morgan is designated as the District's member on the Intergovernmental Water Board created under Section 3 of the Agreement. John Haunsperger is designated as the District's alternate member on the Intergovernmental Water Board. Section 4. Effective Date. This Resolution shall take effect and be in full force and effect from and after its passage and approval. PASSED by vote of 4 members of the Board of Commissioners of the District, with a quorum present, this 27th day of December 1993. Name Title: hairman Secretary CITY OF TIGARD, OREGON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING. THE INTERGOVERNMENTAL AGREEMENT- BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT, AUTHORIZING THE-MAYOR TO SIGN THE AGREEMENT, AND APPOINTING THE MEMBER AND ALTERNATE TO THE INTERGOVERNMENTAL BOARD BOARD CREATED . UNDER SECTION 3 OF THE AGREEMENT. C t t"b 15 [Scr ive.+te4,1S BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD THAT: SECTION 1: The Intergovernmental Agreement for water services between the City and. Tigard Water District, 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 Tigard Water District and to deliver a copy of the signed Agreement to the City of King City and the City of Durham. SECTION 3: o h r) SC Kt va r-�� is designated as the City's member on the Intergovernmental Water Bard created under Section 3 of the Agreement. �4 UmLk is designated as the City's alternate member on the Intergovernmental Water Board. PASSED: By L mULkO vote of all Council members present after being read b number and title only, this da of1993. Cathy Wheatley, City R order APPROVED: This o� 1f -" day o , 1993. Gerald war s, Mayor App oved as to f C17dy Attorn6y Date: aa,�c�ara�avgarat�a.� ME= O IM&T N oQ INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES This Agreement is made and entered into by the City of Tigard, an Oregon municipal corporation, (,hereinafter "Tigard"') and the Tigard Water District, a domestic water supply district existing under ORS Ch. 264, (hereinafter "District") . Tigard and District are jointly referred to herein as "the Parties. " Unless identified as "original, " District refers to the remnant 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/WATER DISTRICT - 1 (12/23/93 - FINAL) 7. The Parties shall continue to prepare independent tax coordination plans. 8. Tigard and the District acknowledge that they have authority to enter into this Intergovernmental Agreement pursuant to the powers contained in Tigard's Charter, ORS 264.210 and ORS 190.010. 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 the District for the duration of this Agreement unless a reasonable alternative domestic water supply is available to the District 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: INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL) 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. (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. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL) (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. (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. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 4 (12/23/93 - FINAL) 4. Division. of Original District Assets. A. Pursuant to ORS 222.5,40(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: (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 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 5 (12/23/93 - FINAL) C = Jurisdiction's Percentage of Current Meters in original District The CitfesO 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. D. Upon termination of this Agreement, other assets shall become the property of the jurisdiction in which the asset is located. 5. Asset Ownership/Water 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 the original District. The District'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 the District 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 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 6 (12/23/93 - FINAL) 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 District in an amount equal to at least the replacement value of the assets and, (ii) liability insurance that protects District, including its officers and commissioners, from liability arising from Tigard's operation of the water supply system in an amount satisfactory to District 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 District, 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 District 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 District without first giving written notice thereof to District 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 District 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 the District. (5) To the extent permitted by law, Tigard shall indemnify, protect, hold harmless, save and keep harmless District 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 District 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 District 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 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 7 (12/23/93 - FINAL) 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 that at the request of the District, Tigard will collect on behalf of the District additional charges imposed by the District on District 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 5.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 Tigard should collect the system development charges imposed by the District until such time as Tigard imposes its 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. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 8 (12/23/93 - FINAL) (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 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 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 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 9 (12/23/93 - FINAL) 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. (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 District shall receive an annual rebate equal to 1% of the previous year's water sale revenue within the District for District expenses. In addition, 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 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 10 (12/23/93 - FINAL) 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. (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 or kept 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 the District .nor the obligations incurred under the terms of this Agreement are assignable or in any manner transferrable by the District without the written consent of the City. 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 or retained as a result of the Cities' withdrawal from the original District. B. Tigard may incur, without the consent of the District, 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 the District in writing prior to incurring such debt. The District 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 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 11 (12/23/93 - FINAL) 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 the District in manner described in Section 6.B. , District shall either: 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. The District 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. Tigard is under no obligation to provide such water services to areas annexed to the District subsequent to this Agreement. C. District agrees that Tigard is empowered to use any right of condemnation possessed by the District 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. D. To the extent that such agreements or contracts are transferrable, the District agrees to take the necessary action to transfer its water supply agreements or contracts with the City of Portland and the City of Lake Oswego to Tigard in order to facilitate the provision of water services consistent with the terms of this Agreement.. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 12 (12/23/93 - FINAL) -v E. The District may use the former Tigard Water District office building for meetings of the District Board and for receipt of the Board's correspondence. To the extent that Tigard charges other governmental entities for, use of the building, the District agrees to compensate Tigard a reasonable amount for use of the building. F. Tigard agrees to assist the District in preparation of budgets, organization and noticing of meetings and other administrative duties at the request of the District. The District agrees to compensate Tigard a reasonable amount for such assistance. 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 the District shall be governed thereby. 9. Extension of Service. A. Extension or modification of District's water distribution system shall be done only with prior written approval of District. Furthermore, Tigard will not make any extensions or service connections within King City's or Durham's Urban Growth Boundary without permission from the King City or Durham City Council. B. For the unincorporated area within the District, it is the governing body . of the District which, subject to the rules and regulations specified in Section 8, has the authority to allow connections to the water supply system. C. Residents located within the District 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 the City. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 13 (12/23/93 - FINAL) 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. 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 the District and Tigard. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 14 (12/23/93 - FINAL) -v 16. Effective-Date. This Agreement shall be effective January 1, 1994. CITY OF -6ikEGON Attest: By: G - TIGARD WATER DISTRICT, OREGON Attest: By: dgard\dga[dWD.iga(1Z/23/93 -final) INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 15 (12/2'3/93 - FINAL) EXHIBIT nAn ., .... :..•�..�;{-rye: , RULES RATES } •p j,tri °AND REGULATIONS f For Water Service _ `-- i November, 1992 - Adopted by the BOARD OF COMMISSIONERS. TIGARD WATER DISTRICT • ', 3. ..i; '.SII i.; .. Phone 503/639-1554 TIGARD WATER DISTRICT -, 8777 SW Burnham PO BOX 230000 NOVEMBER 1992 Tigard, OR 97223 Tigard,OR 97281-.1999< • .. .. _ * �. s.::+''',y.rs `S::' k TO THE PATRONS OF TIGARD WATER DISTRICT TIGARD WATER DISTRICT BOARD OF COMMISSIONERS This Water District is a municipal corporation, incorporated under the laws of the State of -M^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, ' Chair•.` :`', .-'•:: 3,=: 1993 ' . . . . .: Robert Wyffels, The water supply and distribution system is the Audrey Castile, Secretary 5 1995 Clarence Nicoli.:Treasurer:.: 4 1995 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. ,.: The Board of Commissioners*meets regularly on' tK Superintendent: Randy J. Volk the second Tuesday of each month at 7:30 p.m. at the District office... . . . j RULES, RATES, AND REGULATIONS charges for these are shown in Appendix-4. The ' I of the'.. size of miter 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,' 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 hirriself 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 be made at the interruptible basis, and the District will assume no expense of those 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 r 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 5 :. ' 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 1 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. - i 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 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 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 . i :. . . and all pipes, appurtenances, pumps, tanks;- ISection 8. Jurisdiction. All service connections, storage reservoirs, facilities, equipment, appli- i! meters, mains and parts of the system through antes, 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, 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 ; with other water supplies. Any such connection i 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, the District may remove or discontinue any through defective plumbing, or otherwise. Y i • ' :;connection which it may have for servicing the tion or pollution due to cross connections. . property. Water service to any premises shall be contingent f upon the customer providing cross connection • Section,11. 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 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: -r: Authorized employees of Tigard Water District with = h ..The purpose of this resolution is to protect the proper identification shall have free access at water supply of Tigard Water District from reaisonable 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 ,y backflow devices are tested annually. terminated 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- mattes 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 appropri- billed as a half-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 t . 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. :F'.. protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is • r rL� ,T q 1 L r/ T ` �.I�i •JI � • • :TIGARD WATER - DISTRICT /.•� �� IL • rte' / 1���. .ty•IIM1rf1 T �' � 'S 8 9 c 1 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 II. ;' assigns who desire such extensions, at cost plus j� Charge for turning off*and on when water service 10% for overhead and supervision, and 8% for . it 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 I� - when application for such main extensions is " Section 15. Discontinuance of Service for 30 made. f days or more will be made upon written applica l!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 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 i; varying 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. �I { 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 . 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 h 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 j be laid from the end of the existing main to the far . _ 10,. ,. end of the property to be served. No lines or j and approved by District personnel to ensure laterals shall be laid until the estimated cost �.. compliancewith plans and specifications. ii thereof, as hereinabove set forth, shall have been Back-filling of trenches prior to District approval is i! deposited with the District. All such extensions of unauthorized. :. . mains and laterals, and installation of fire hydrants a shall be the sole property,of the District, without If water main extension is necessary to serve an '.I 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 pay :! 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 I; 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 and 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 i 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 connection charge and one month's estimated - 1 than 10 years after the date of installation of the water bill, anda ment on the first of each . P Y h month 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 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 I - 12. Section 21. Construction Water. Water used via '�y�. Section.26:.Amendments--Special Rules--� . r.. a rmanent meter installation for construction -- ^` Contracts.The Board may at any time amend, Pe ' change or modify any rule; rate.or charge, or make.. purposes will be billed at the one months rate I See Appendix Il at completion of construction, any special rule, rate or contract, and all water PPservice is subject to such power. but not to exceed a period of 6 months, unless authorized by the District. Section 27. Grievances. Any unresolved r - grievances as to service or complaint shall be C 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. 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 the user. Section 23. Fire Hydrants. Fire hydrants will be Approved November 28,1972 installed by the Water District upon receipt of Revised November, 1992: in advance of the estimated cost of the BOARD OF COMMISSIONERS payment. . hydrant, fittings, and installation, plus 10% for overhead. ' Section 24. Fire Hydrant—Temporary Use.Any person who desires to use a fire hydrant for temporary water supply must obtain*permission of - the District. The user will be charged $25.00 for hookup service plus the effective user rate as l own in A $25.00/month for I: shown Appendix PP II plus . continued use. User is responsible for repair and/ or replacement of damaged meter. j Section 25. Illegal Use of Fire Hydrant or Meter. i The penalty for connection to a fire hydrant or :meter without proper authority is a $100 fine.. APPENDIX 1-"Meter Installation'Charges APPENDIX II—Wafer Rates .. ... • . Ste.-: Copper Service includin P-R Valve '(� „ g ;r, Monthly Minimum* Out of District if required, Connection FeeMeter Size 1400 cubic feet) (Additional) Size'of Meter Charge Schedule 9 5/8"x3/4" $ 6.50 $ 2.50 t y ` S stem 1" w 10.50 4.00 y 1 1/2N 16.50 6.00 _ Development Installation Total 2" 33.50 10.00 Meter Size Charge Fees Charges 3w 61.50 15.00 5/8"x3/4" $ 845. + $250 = $ 1095 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 5/8"x3J4" $1000 + $250 = $1250 owned and operated booster pumps, either to ,w.. : .:• ' 1" 2000 + 350 = 2350 1' storage or direct to the system, an additional is minimum of $1.50-per month per meter(regard- ' -•:•. 1 1/2" 5000 + 715 = 5715 - -' 2" • 8000 + 945 = 8945 ' less of meter size) shall be made. This charge is 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 Ta + 12% Fee l `" " ,. 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. 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 maybe served from such connection,as well as all buildings on such premises operated under the one management 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 family,business. institution or premises other than those occupied by that user, provided,however, that the Board may permit a use 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 firs class and in conformance with the second sentence to read) .. . Plumbing should be o g " " Section 9: (Change seco res may become high,on 5/8"x3/4 and 1 meters, _ Qro{Zriate codes of the iurisdiction issuing the building oermit,and where pressu Y 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 Section 18.) The developer or owner ren i e gc;nstruction prosect shall be liable for an Section 22• (Delete$5.00.) (Add) ".•.•A user may demand a test upon payment of a$25.00 charge for such test..." s.• Airt