Resolution No. 93-65 -_ ON
C.T., C—TY OF TTRI', OREGON
RLSOL UTI3N NA= 47.Z-(pF
A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING
THE INTERGOVERNMENTAL AGRF.EMM''7T HETWI"sP-M THE CITY OF' TIGARD AND THE
CITY OF KING CITY, AUTHORIZING TH- r'-.AYOR 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 €or rater services
between the City and King City, 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 King
City and to deliver a copy of the signed Agreement
to the City of Durham and the Tigard Water District.
SECTION 3: John- >C�wy r+f- is designated as
the City's member--on the Intergovernmental Water
Board created under 'the-Section 3 of hAgreement.
l N
c,n+ is designated as
the City's alternate member on the Intergovernmental
Water Board.
PASSED: By LlY1GU\io-SOU5 vote of all Council members
present after being read by number and title only,
this a8':0 day of Cembe" - 1993.
Cathy Wheatley, City Re rder
APPROVED: This Dom, day of// -':L-'1993.
✓`-G6ra _ l.ataards, Mayor
Approved as.to fo!
V
Ci Attorney
-
Date: !d/a67/C3
a 1.\t;ga:„1iaUgae6rl:�..E.
I
err w
f INTERGOVERNMENTAL AGREEMENT le
i BETWEEN THE CITIES CF TIGARD .
-ING CIiY
FOR DELIVERY OF WATER SERVICF. m_ v�:w r---
- eGAC`ds.. Ct
This Agreement is made and entered into by the cities of Ti�Rn�
Tigard, an Oregon municipal corporation, (hereinafter "Tigard$$) and
King City, an Oregon muni=ipal corporation, (hereinafter "King
City"). Tigard and King City are jointly referred to herein as
"the Parties." Unless ident_fied as "original," "District" refers
to the remnant Tigard Water District.
RECITALS
1. The cities of Tigard, King City and Derham (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withdrawn from the District as it existed on June 30, 1993,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 aro-- 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 The area withdrawn by Tigard was a major portion of the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 Districts infrastructure pursuant to ORS
222.540. King City and Durham are entitled to smaller portions of
the origj.nal 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 Distract 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/KING CITY - 1 (12/28/93 -• FINAL)
r
I
i
'= The Da-ties shall continue to prepare independent tax
8. 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 ORS 190.010.
NOW, THEREFORE, the premises being in general as stated in the
foregoing- recltalc, 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 Mater 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 King City for the duration of this Agreement
unless a reasonable alternative domestic water supply is available
to King City and the Agreement is terminated.
3. Interaovernmental 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
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 2 (12/28/93 - FINAL)
MMI -M I $
ll �_
lllw W - M $3W
r a. inu.rgovernmenzal Water Board Terms.
(1) Initially, three Board members shall be .<ppointed 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.
(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
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY- 3 (12/28/93 - FINAL)
DJAv
muss
—.h_+..L�. •i v.e f i.. •i v...+ei}o_ iri-e s.aa} A4a,{ qT£�o w,3 ; .+•w
(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 assets6s of Tigard.
Personal and intangible property are system assets.
Water mains, service installations, ctures
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
LR = .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 capita? 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/KING CITY - 5 (12/28/93 - FINAL) !
{
3
1
W ►�
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 King City. King
City'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 King City 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
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 King City in an amount equal to at least the
replacement value of the assets and, (ii) liability insurance
that protects King city, including its
officers and employees,
to ees
from liability arising from Tigard's operation of the water
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 6 (12/28/93 - FINAL)
I
MR
supply system in an amount satisfactory to King City 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 King City,
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 King City as
additional insured and shall contain a provision to the effect
that such insurance shall not he canceled or modified
materially and adversely to the interest of King City without
first giving written notice thereof to King City 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 King City 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
King City.
(5) To the extent permitted by law, Tigard shall indemnify,
protect, hold harmless, save and keep harmless King City from
and against any and all liability, obligation, loss, claim and {
damage whatsoever, regardless of cause thereof, and all I
expenses in connection therewith, including, without B
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 King City for j
claims arising from its own conduct. The indemnification I
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 King City 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
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 King City, Tigard will collect on behalf of
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 7 (12/28/93 - FINAL)
3
IN
�$
King City additional charges imposed by King City on King City
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 a result of the °--
-7�`� a� a r....�.`. v a11V1L�1 Vil
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 pprties
may elect to terminate collecting system development
charges within their jurisdictions. The Parties agree
that they should collect the system development charges
imposed by the District until such time as the Cities
impose their own charge.
3 D. Capital Improvements.
(1) (a) Capital projects shall le 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 progr�n 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
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 8 (12/28/93 - FINAL)
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 ur,r6ao�
(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 Plan
dated 3une, 1993, will g'-- Tigar
a'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 o£ 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
11system asset" capital improvement's depreciated value.
The depreciated value shall be based upon the useful life
of the capital improvement under generally accep'"Fi
accounting principles using a straight line methoA of
depreciation. The Cities' ��and the Districts
or
tionate interest in such ,system asset" capital
imprmprovement'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 mnterest as
determined above. Tigard shall be provided reasonable
compensation for any use of its water system nece,sary
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
o£ a sum eo�ual to the
�- ement b payment
capital i=p_sv Ydepreciated
Jurisdiction's Proportionate Interest in the
value of such system asset.
(5) The Parties acknowledge that the water system currently
serving the original District is an integrated system.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 9 (12/28/93 - FINAL)
� f
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 reamusiable vYci`..L-.... --- the ---i t'�.h� �-t---
systems
E. Long-term water supply contracts shall be entered into in
accord with the best interests of water customers within the
c�iainal 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 oE,rnership 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 O12S
Chapter 36 to determine if approval of the contract has been
unreasonably withheld.
F. The City of King City shall receive an annual rebate
equal to 1% of the previous year's water sale revenue within the
City of King City for potable water supply related expenses.
Tigard, at the Districtls 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 Asserts 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 e:;penditures 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
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 10 (12/28/93 - FINAL)
r1ml—-raw —W WA
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 asserts acquired during
the term of this Agreement without written coeiseit of the other
Party. Neither the benefits received by King City nor the
obligations incurred under the terms of this Agreement are
assignable or in any manner transferrable by King City 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 King City, debt
relating to the water supply system, provided payment of the debt
( is fee, rata 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 King City in writing prior to
Incurring such debt. King City shall be liable for its
t 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
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 1 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 King City in manner described in Section 6.B. , King
City shall either:
1. Pay in full, within 60 days of the effective date
of termination, its proportionate share of the
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 11 (12/28/93 - FINAL)
NNW. W
nor
indebtedness; or
2• Pay annually its proportionate share
indebtedness as Payment im Ann of the
7. ervtces T'rovided By Tigard, ---
all
A. Tigard will, provide water to properties and customers in
iurisdiu;yb;;,s equally. If cir'c'umstances require water
restrictie,.:e, eo-L s__�,_
n^t gall water provldedathrough this iction shall share
equally. aKthird City may
without the prior written consent of Tigard. par`Y
B. Tigard will provide equally
With the terms of this and in a manner consistent
Agreement all services required for delivery
Of potable domestic water to properties and customers within the
cities of King City and Durham as w^11 as the territory of the
District, including but not limited to system repair and
maintenance, water distribution, new installations,
upgrades, and billing functions. system
C• King City agrees that Tigard is
right of condemnatiempowered to use any
on possessed by King City 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.
t 8. Rules and Recrulations.
A. The Rule I
Rat:es and Re latio s
Handboo ,
(November, 1992) ° ate ervice
Tigard Water District is adapted re the Board of Commissioners
be deemed a part of this attached hereto Agreement, as Exhibit "A" and shall
B. The Tigard City Council may mod-if
rules, rates and regulations in Exhibit 1'a alter or re the
t'A
will be modified •'A Rules and regulations
altered or repealed only after the
Intergovernmental water Board has had the opportunity to study the
proposed rules and regulations. The Ini'ergovernmental water Board
is empowered to make a continuing review ofany and all rule
regulations regarding the water system which s and may be adopted by the
Council and periodically to make recommer_dations to the Council for
additions or amendments of such rules and regulations- The parties
agree to comply with the rules and regul„t=-
and as hereafter adopted by the Ti, �vns currently in effect
service to King City shall be governed
City Council, and water
g erned thereby.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 12 (12/28/93 - FINAys)
FORM,=
( 9. Extension ofSer-vice.
""tznr-a via or modification of Kin e
distribution system shall be done only with prior written a water
al
of King City. Furthermore, Tigard will not make any extensionsvor
service connections within King City's Urban Growth Boundary
without permission from the King City City Council.
B. No 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 King City shall not be responsible for any
expenses associated with efforts of the City of Tigard tc withdraw
from the Tualatin Valley Water District to reach the goal of having
a single water purveyor for Tigard.
10. Employee Benefits;/Personn 1
All employees of the Southeast Washington County Joint Water
Agency shall become employees of the City. The City s21all 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.
l 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 Partied at this meeting.
t 12. Attorneys Fees.
In the event any suit, action or other proceeding =s 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, of 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.
INTERGOVERNMENTAL AGREEMENT
TIGARD/KING CITY - 13 (12/28/93 - FINAL)
13 a_ _�,_o__ ,t- 111 -
T-4-This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14. Ratification of this Aareement.
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 inst-=ument. _
15. Amendments.
Any amendment to this Agreement must be approved by the
governing bodies of King City and Tigard.
16. E'f'fective Date.
This Agreement shall be effective January 1, 1994.
CIT O TI REGON
Attest: B
C _A' I,U o
U
CITY O KING CITY, GON
Attest:
dga[d\kinSdty.i9a(17J28/93-final)
4, INTERGOVERNMENTAL AGREEKENT
TIGARD/KING CITY — 14 (12/28/93 — FINAL)
� —
Minn
EXHIBIT "A"
RULES,.
RATES, ;;, •,
'AND
REGULATIONS ,
r •■/..�wr v��rirn
.. • Y r67t is atct > �Y' ,
November,1992
Adopted by the r.
BOARD OF COMMISSIONERS :,
TIGARD WATER DISTRICT'..;�
. r f
Phone 5031639-1554 -
TIGARD WATER DISTRICT 8777 SW Burnham PO BOX 230000
NOVEMBER 1992 Tigard,OR 97223 Tigard,OR 97281-1999
� �`
TIGARD TO THE PATRONS OF
WATER DISTRICT
TIG_ARD WATER DISTRICT
BOARD OF COMRISSIONERS
This Water District is a municipal corporation,
incorporated under the laws of the State of
:.Position Term Oregon,and its operations ere governed by law.It
a Board of Commissioners,duly.
No.. expires is^ycveme....y a.,........ .
June 30
es elected by the qualified voters of the District
Robert Wyffels Chair 3°`' 1993
Audrey Castile,Secretary 5 1995 The water supply and distribution system is the
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
rotection 'of the system;and prompt payment of water bills.
Administrative Director Notify the District immediately of any condition,
Jeri L.Chenelle needing correction.
Superinterident 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.
}:
3
Ak
RULES,RATES,AND REGULATIONS charges for these are shown in A,-.,al;
7.The
of the e a by _nea-Ment_
size of meie)i 3i�ai1,ro,.ato:m;^.--_, •••
TIGARD WATER DISTRICT District shall prescribe the number of buildings to
be served from one meter and such determination
i 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
SeCHpn-1•Application for Service.No service- such user will be charged an additional monthly-
ret
will be supplies!or water furnished to any premises minimum for each additional user so supe...._.
except upon the written application of the legal Such permit may be revoked and separate service
owner of the premise_,or his duly authorized - connections required at any time.
agent,upon the printed forms of the District.Such Water.The District shall
owner shall be responsible for all charges for Section 5.Furnishing
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.Waterwill be fumished 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 fumished for the direct operation of steam District.Extensions to furnish water to areas not
boilers,machinery omade at the
r golf courses,except on an now served by the District will be
_
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 518"x 3/4'meter,will be service are subject to review by the Board of
i installed from the main to the street curb or Commissioners.Consideration will be given to the
property line.(See charges in Appendix 1.) 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
t
5 d '
I
Sectlon 6.Private Service Pipes.All pipes from. Plumbing should be of high test and first class;-
the
lass the motor to the promises must be installed in and w,u.e ""_ me high.on.5M,
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.'
Section 7.Credit for Water Leaks.When a water Section 10.Physical Connections with other
leak occurs on the customers 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(abovo tho 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 antes,etc.,of other systems whether located
l 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 awater user.)
e
under its xclusive control.No person other than
j; 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 i
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
Section 9.Waste—Plumbing—Inspection. shall be removed by the customer within ten days
l 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,
through defective plumbing,or otherwise. the District may remove or discontinue any
s f� —N
�1�ffi�ffi4D1l�
6,. 7
`c_nnnection which it may have for servicing the tion or pollution due to cross connections.
property. vvaici jje j:co;:a—ire.ti:n�shall be contingent
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:
Authorized employees of Tigard Water District with
,his resolution is to protect the proper identification shall have free access at
•"TMe purpose a.�,,...__-•--
water supply of Tigard Water District from reasonable 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 ondangor the water ADOPTED by the Board of Commissioners,Tigard
supply of Tigard Water District is prohibited.Any Water District,on May 13,1966.
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.
t
The control or elimination of cross connections Section 12.Read ing=Bllling.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 Sectlon 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
an authorized agent of the District.Unpaid bilis
It shall be the objective of Tigard Water District to become delinquent after the 12th of the month.
protectthe potable water system from contamina- When a delinquent bill is not paid,or a rule is
i
t
' IGAR.a WATER
DISTRICT
01
,. .
r
la / F
t
8,.
violated,the water will bo shut off and service Section 1a, 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.
District,shall be paid for by the person or their
Section 14.Water Rates.See Appendix Il. assigns who desire such uxiensieils,at cast plus
Charge for turning off'and on when water service ; 10%for overhead and supervision,and 8%for.
I is discontinued for non-payment of bill:$5.00 for v engineering. The estimated cost thereof,together
the first two times;$10.00 thereaftm with such 18%.shall be deposited with the District
I� when application for such main extensions is
Sec lion 1:,,U,5COn. i.Lance of Service for 30 !nada:
days or more will be made upon written applica-
tion,without charge,provided all bills are paid. Designed by others,lnstalled by the District.:
When design or supervision of installation of
Section 16.Interrupted Service—Changes in improvements is performed by licensed engineers,
Prozsurc.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 12%,shall be deposited with the District when
water faucets should be kept closed to prevent application for such main extentions is made._
Ii 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 —_
e expense to the users_Each user is required to use approval by the District,a fee of 121%of construe
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.
14 freezing,hot water,traffic hazards,and other
Ej causes,in default of which,such user shall pay to Size of such extensions,type of pipe,location,
I the Water District the full amount of the resulting gate valves,fixtures,fire hydrants and other
�. damage. fittings shaft be under District specifications and
subject to District approval,and such mains shall
I be laid from the end of the existing main to the far
�It
i
end of
h.9 prop-erty to be served. No lines or I .'anc5 a?proved by D(strict personnei io ansure
laterals shall be laid until the estimated cost compliance with plans and specifications.
thereof,as hereinabove set forth,shalt have been Back-filling of trenches prior to District approval Is
$ deposited with the District. All such extensions of unauthorized,
mains and laterals,and installation of fire hvdrants I.
shall be the sole property of the District,without II if water main extension is necessary to serve an
right of immediate refund on the part of 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 dwei'ing will pay
�'. extension of ruin wiif be perminted,accepted or the cost,of a c•• •allatlon across fta fr ont Cf thvii
served by the District unless such line be at least a ro ertV 'e
p p y,plus the cost of the meter. -
I; bench diameter pipe. Short extensions,such as
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
1 and regulations and anv 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 otheri 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 as to
without further extension of the water main,the hours,purpose,or manner,maybe prescribed
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 Servlce.
thecost of extending the wafer main,a pro rata Temporary or transient service for construction
j porton 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
j than 10 years after the date of installation of the �: water bill,and payment on the first of each month
extension of the water main.The amount to be of ali accrued charges.Upon discontinuance of
refunded shall be determined by the District and service,refund will be made for all connection
such determination shall be final materials usable by the District at their depreciated
I 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
•l l I ; ..
r
ms fv ni
12 r
Section 21.ConstructionWater.Water used via Section 26.Amendments—Special Rules--
Contracts.The Board may at any time amend,
a permanent meter installation for construction change or modify any rule;rate.or charge,or make
i purposes will be billed at the one month's tato any special rule,rate or contract,and all water.
! (See Appendix If,,at completion of construction, I• service is subiect 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 muter 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.
i Tests will be made periodically without charge tc Sectton 28.The Administrator and Employees:
the user.A user may demand a test upon payment I'' are not authorized to make any changes in these
I of a$5.00 charge for such test.It the meter reads rules,rates,or regulations.
5%or more over,such charge shall be rebated to
the user._
j Section 23.Fire Hydrants.Fire hydrants will be Approved November 28,1972Revised November,
:
installed by the Water District upon receipt of
payment in advance of the estimated cost of the BOARD OF COMMISSSIONEIONERS
hydran.,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
hook-up service plus the effective user rate as
shown in Appendix II plus$25.00/month for
continued use.User is responsible for repair and/
or replacement of damaged meter_
Section 25.Illegal Use of Fire Hydrant or Meter.
The penalty for wnnection to a fire hydrant or
meter without proper authority is a$100 fine..
i
—A!=Mtj!MW—AWx WA MEnd AN
St,
APPENDIX I—Meter Installation Charges (y APPENDIX 11—Water Rates
Copper Service,including P-R Valve j>'' Monthly Minimum' Out of District
if required,Connection Fee II Meter Size (400 cubic feet) (Additional)
Size of Meter Charge Scher a i' $ 6.50 $2.50
System 11111 1• 10.50 4.00
Development Installation Total 1 112" 16.50 6;00
Meter Size Charge Fees Charges 2" 33.50 10.00
y%. 3" 61.50 15.00
1 518"x3/4" $845 + $250 = $1095 4•' 103.50 19.00
1.. 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 feel
3. 13,520 + cost plus 109/o
4- 21,125 + cost plus 10% Fire Rates(Sprinklers)will be based on the size of
6- 42,250 . + cost plus 101% the service going into the building or vault:
8" 67,600 + cost plus 10% $13 a me.—6"&smaller..
10* 97,175 + cost plus 10% $20 a me.8"&larger
Buil Mountain Meter Rates Booster Pumps:For areas served by District
518"x3/4"$1000 + $250 = $1250 ` owned and operated booster pumps,either to
3' 2000 + 350 = 2350 storage or direct to the system,an additional
1 1/2" 5000 + 715 = 5715 minimum of$1.50 per month per meter(regard- .
2' 8000 945 – 8945 less of meter size)shall be made.This charge is
3' 16,000 + cost plus 101/6 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% l near 1-5.
a- 80,000 + cost plus 10
10'. 115,000 + cost plus 10
Fire Service Connection: j •Note:Billing is bi-monthly so amounts above
Fee$1,250 per Fire Service Tap+12%Fee I should be multiplied by 2 to compute bill for each
based on Construction Costs. period.
i
� AT7 E NT:O N
Cormcllpns to Rules,Rates and Regulations,January 1gg0.
Thesu changes to the Rhes.Raton antl fiegolations for Water Service occurred alter printing.Pieaso Insart the following In the
approorlato places.Wording changes within paragraphs are underlined.We apologize lot any problems this may have caused.
Section a.Separate Conn.,iton,(Add the en,Iutire sociio )A separate service connection will be required for each dwolling,
s and
bapartment us liens ori Institution place
maybe served d Irom such clonnecllildion tlasnwell as all buildings oin such premises operaletl undefses used as a part 0 such lithe ng lnee Or
on
management.District shall prescribe the number ofs'futon orlo be ems es other than those Occmotor upied Dysuch �hat ul5ser to er providedshall .however,
user shall furnish water to any family,business,i us Pr-service connection In w 11c n
that the Board may
permit a
for each additional userrs rsa slI oplers led.Such permit maybe rave ed and separate servibe connection&
additional equlrcd al any time.
and firstclass an
Section 9:(Change second Qic io?ni«flip+he hulld'na oerbmnit,and where he a preld be of 's uesgh lmay become high.on 5/8Y314'and 11 meters,
aooroori:lm cedes^ ry pressures.
'
a pressure regulator maybe installed at the meter by the District to control a Ing p -
Section 12:Reading.-Billing.(Eliminate the entire section.)
hoer or o vner ree estlna the
to cll
Section 18:(Add sentence agr
Elf the beginning of the last paraaph in Section 18.)The —
aM on_!=shall A liable fory added co 1 d=1 de on
difficulties.
Section=(Delete 55.00.) (Add)'....4 user may demand a test upon payment of a$25.00 charge for such test...'
f