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Resolution No. 89-58 4 " CITY OF TIGARD, OREGON RESOLItTIOL NO. 89- 59 A RESOLUTION AMENDING RESOLUTION NO. 70-11 AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY CONCERNING REVENUE DIVISION; INDUSTRIAL WASTE RESPONSIBILITY AND REVENUE. WHEREAS, the City of Tigard (City) and Unified Sewerage Agency Of Washington County (Agency) entered into an agreement dated September 8, 1970 pertaining to the operation and Ownership Of certain. ___rage facilities; and WHEREAS, it would be in the best interest for the City and Agency to agree to certain modifications as outlined in the attached Agreement marked as Exhibit "A. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Council hereby authorizes the Mayor and City Recorder to sign on behalf of the City an amendment, as outlined in the attached Exhibit "A," to the Agreement as specified in City of Tigard Resolution No. 77jjj0-11. PASSED: This day ofI ATTEST: e^'Mayor - City o igard Deputy Recorder - City of Tigard cw/9933D p.ESOL uTION NO. 89- Page 2 Exhibit "A" AGREEMENT THIS AGREEMENT, made and entered into this day of , 1989, between the !Unified Sewerage Agency of Washington County, a duly incorporated and existing Chapter 451 County Service District hereinafter referred to as "Agency", and the City of ligard, a municipal corporation of the State of Oregon, hereinafter referred to as "City." WITNESSETH: WHEREAS, pursuant to the contract between City and Agency, dated September 8, 1970, the parties entered into an agreement pertaining to the operation and ownership of certain sewerage facilities within the city; and WHEREAS, the contract does not adequately address how revenue should be divided between Agency and City in regard to the requirement to retire current and future revenue bonds issued by the Agency; and WHEREAS, the contract does not adequately address the division of responsibility and revenue regarding the industrial waste program; and WHEREAS, it would be in the best interest of Agency and City to agree to certain modifications to the original agreement; NOW, THEREFORE, in consideration of the premises and of the covenants and agreements to be kept and performed by the parties hereto, it is covenanted and agreed as follows: I. Section 2.A.2 is hereby deleted, and replaced with the followina- Refer persons who may require an industrial waste discharge permit to the Agency. 2. Section 4.A.2 is hereby amended by the addition of: except as provided in Section 4.A.7 below. 3. Section 4.A.3 is hereby deleted, and replaced with the following: City will remit to the Agency on a monthly basis, with a report on Agency-designated forms, the following amounts: a. Forty percent (40%) of all permit and inspection fees collected. b. One-hundred percent (100%) of the portion of sewer service chargest as certified by the Agency Board of Directors annually, required for payment of revenue bonds issued by the Agency after July 1, 1989, shall be remitted to the Agency. Beginning on July 1, 1990, one-hundred percent (100%) of the portion of sewer service charges, as certified by the Agency Board of Directors annually, required for payment of all revenue bonds issued by the Agency shall be remitted to the Agency. , C. For the remaining portion of sewer service charges after the revenue bond payment requirement has been subtracted, thirty percent (30%) shall be retained by the City , and seventy percent (70%) shall be remitted to the Agency. d. Eighty percent (80%) of all connection charges collected shall be remitted to the Agency. 4. Section 4.A is hereby amended by the addition of: 7. a. The Agency'shall have exclusive ju-isdiction over industrial waste discharges with regard to permits, serice fees, billings, collection, regulations and enforcement. Upon receipt of any application for an industrial waste discharge permit within City territory, the Agency shall so inform City and shall coordinate .with any other applicable development or construction permits of City. b. For Industrial Waste fees, Agency shall remit to City twenty percent (20%) of connection, volume, and monthly service charges. Agency shall retain (100.1 x c the ante a! permit fee, own one-hundred percent 'v+ �•••• �- and any penalty fees. COD and SS fees that may be assessed. S. The remainder of said agreement, including any other duly adopted modification, if any, and each part thereof, be, -and: hereby is, ratified, readopted, and continued in full force and effect by and between the parties hereto. IN WITNESS WHEREOF, this instrument has been executed in duplicate pursuant to resolutions heretofore duly and legally adopted by each of the parties signatory hereto. �^ UNIFIES] SEWERAGE AGENCY CITY O�F-�TIGARB'; OREGON OF WASHINGTON COUNTY By By � G'�c airman, (Fo—ard of Uirectors T y Approved as to form: Attest: ( q4/w,,; „., % iyRecorder- �� Attorney or Agency Approved as to fo.m;: A �c>rcy Attorney