Loading...
Resolution No. 72-05 RESOLUTION N0.72- ,S CITY OF TIGARD, OREGON February 7, 1972 A RESOLUTION AUTHORIZING AND ADOPTING AN AMENDMENT TO CONTRACT DATED SEPTEMBER S. 1970 BETWEEN THE CITY OF TIGARD AND THE UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, OREGON WITH RESPECT TO THE OPERATION AND MAINTENANCE OF THE SEWAGE TREATMENT PLANT IN THE CITY OF TIGARD, AND RE-DEFINING THE CITY'S PERCENTAGE OF PARTICIPATION WITH RESPECT TO SEWER SERVICE CHARGES. WHEREAS, the City of Tigard has heretofore by resolution of August 24, 1970 formalized an agreement with the Unified Sewerage Agency with respect to the operation, maintenance and use of the treatment plant and other sewage facilities within the City of Tigard; WHEREAS, negotiations have been conducted for the purpose of amending said agreement as hereinafter set forth; and WHEREAS, it is deemed to be in the best interests of the City that said agreement be amended as hereinafter stated, NOW, THEREFORE, followsBE IT RESOLVED by the City Council of the City of Tigard as (1) That the Council does hereby bind the City to the terms and provisions set forth in the attached amendatory contract dated the 18th day of January, 1972 and by this reference made a part hereof. (2) That the Mayor and the City Recorder be, and each of 'i them is, hereby authorized to execute the said contract on behalf of the City by affixing their signatures thereto in their respective capacities. �} (3) That the City Administrator be, and he is hereby, auth- orized and directed to have a copy of this Resolution together with proper copies of the executed agreement prepared and tendered to the Board of Coamaissioners of Washington County. PASSED by the Council this 7th day of February, 1972. order AT 6, Mayor Resolution 72- of of 2/7/72 '54, l,, t MiRE1I41IP ("A Rf0 77 • Tffi8AGRE MAM, made and ante 'x1Yia1 "'3�X January, 1972, between the Dnilied is Count L4e Xgaa+ `05 Mas y, a duly incorporated and existing CflS Chapter 451 County Sei'via ,q. District, hereinafter referred to as "Agency-, and the City of Tigard, a municipal corporation of the State of Oregon, hereinafter referred to'- ; as "City", :• . WITNESSETH: WHEREAS, pursuant to the contract between City and Agency, dated Hee 8, 1970, city does operate and maintain the treatment plant and - other facilities for sewerage treatment within the city limits of City; WHEREAS, City is desirous of Agency assuming the operation and maintenance responsibility of belonged to City; and the sewerage treatment plant which formerly .J WHEREAS it would be in the best interest of Agency and City to agree to Agency assuming the operation and maintenance responsibility of said sewerage treatment plant, with the appropriate change of revenue distribution by City; i. NOW,THEREFORE, in consideration of the premises and of the covenaaC�!�` and agreements to be kept and performed by the parties hereto, it is covenanted and agreed as follows; 1. Sectio 4 1, of that contract between City and Agency, ' dated S, 1970, concerning purchase of sewerage facilities by Agency and the distribution of maintenance and operational responsibilities between Agency and City, be, and hereby is, deleted in its entirety from said agreement, and the following language shall be inserted in its place: "Effective February 1, 1972, and thereafter, the Agency shall operate and maintain the treatment plant and pump stations. The City shall continue to operate and maintain all other facilities of the collection system. Agency shall operate and maintain the treatment plant until, in the sole discretion of the Agency, the use of said treatment plant is no longer required." 2. Section 4. A. 3, b, of the above described contract, dated December 8, 1970, be, and hereby is, deleted in its entirety from said agreement, and that the following language shall be inserted in its place: "Seventy percent (70%) of all sewer service charges collected." 3. The remainder of said agreement, dated 8, 1970, and each part thereof, be, and hereby is, ratified, readoptedand continued in full force and effect bf and between the parties ' hereto. IN WITNESS WHEREOF, this instrument has been executed in duplicate pursuant to _esolutions heretofore duly and legally adopted by each of the parties signatory hereto. CITY T3GARD, OREGON UISI .S SEWERAGE AGENCY WAS' N N COUNTY, OREGON Hy �•fG[c_ H . Ma C�a�, Hoard o County Cotmrtyss oner8 ngton County, Oregon HyRecozder As the governing body of the Unified 1` Sewerage Agency. r' �/ :y, + yi r 1 IN THE UNIFIED SEWERAGE AGENCYy"+3� 2 OF WASHINGTON COUNTY, OREGON y 3•In the Matter of Amending Contract ) RESOLUTION AND ORDER Between City of Tigard, Oregon, and 4C,4 the Unified sewerage Agency. ) NO. 5 The above entitled matter came on before the Hoard of County 6.Commissioners of Washington County, acting as the governing body of 7 the Unified Sewerage Agency of Washington County, at its regular masting�­., 9 of January 18, 1972; and 9• It appearing to the Board that the City of Tigard is desirous of 10 having the Agency assume the operation and maintenance of the treatment Y ^11 plant located at that city, with the commensurate adjustment in the dis- 12 tribution of revenues received for sewer service charges; and 13 It appearing to the Board that it would be in the best interest ..= 14 of the Agency to assume this obligation, and Agency staff and the Unified_.."., 15 Sewerage Agency.Commission recommend amendment of said contract, and the 16 Board being fully advised in the promises; it is, therefore 7•. RESOLVED AND ORDERED that the Chairman of the Board of County 18 Commissioners of Washington County, acting as the governing body of the 19 Unified Sewerage Agency, be, and hereby is, authorized and directed to 20'execute an Agreement on behalf of the Agency, between the Agency and the 21 City of Tigard, Oregon, wherein the Agency shall assume the responsibility 22•for the operation and the maintenance of the treatment plant and the pump`, X23 stations within the City of Tigard, and the Agency shall receive 70% of 0 24 all sewer service charges collected C. rg by the City of Tigard, fo z 25 DATED this 18th day of January, 1972. sw 26. UNIFIED SEWERAGE AGENCY moo. OF WASHINGTON COUNTY, OREGON 6 27- BY BOARD OF COUNTY COMMISSIONERS )gym 28 F SHING_ ON COUNTY,,OREGON S Votes aye s It GO nin��od � 29 30 ' mail 1''31 32 Re ording Pcretary IF 5