City Council Packet - 06/24/1993
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OREGON
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NOTE - REVISED MEETING LOCATION
1. SPECIAL MEETING (7 PM)
1.1 Call to Order
1.2 Roll Call
A special meeting has been called, by common consent of the Tigard City
Council, for the purposes listed below:
2. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (h) to discuss current and
pending litigation issues.
3. COUNCIL DISCUSSION WITH REPRESENTATIVES FROM THE CITY OF ICING
CITY AND THE CITY OF DURHAM ON THE INTERIM GOVERNMENTAL
AGREEMENT FOR CREATION OF A JOINT WATER AGENCY
• City Administrator
4. CONSIDERATION OF INTERIM GOVERNMENTAL AGREEMENT FOR
CREATION OF A JOINT WATER AGENCY - ORDINANCE NO. 93-
0 City Administrator
5. ADJOURNMENT
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COUNCIL AGENDA - JUNE 24, 1993 - PAGE 1 IAA(.(
(da.3(~c3 3 ~ p• m .
Council Agenda Item
T I G A R D C I T Y C O U N C I L
SPECIAL MEETING MINUTES - JUNE 24, 1993
• Meeting was called to order at 7:08 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy
Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz.
Staff Present: Patrick Reilly, City Administrator; Liz
Newton, Community Relations Coordinator; Tim Ramis, Legal
Counsel; and John Acker, Associate Planner.
Executive Session convened at 7:15.
2. EXECUTIVE SESSION: The Tigard City Council went into
Executive session under the provisions of ORS 192.660 (1) (h)
to discuss current and pending litigation issues.
Executive session adjourned at 8:14 p.m.
Special Meeting reconvened at 8:16 p.m.
3. CONSIDERATION OF REQUEST TO AFFIRM TIGARD WATER DISTRICT
ADMINISTRATOR'S CONTRACT
Mayor Edwards stated that the Council had discussed the Water
District's request to affirm the District Administrator's
Employment contract in Executive Session and that Council
could not accept the contract as written. Mayor further
explained that the City's Legal Counsel had attempted to
renegotiate the contract with the District's Administrator and
that negotiations were refused.
The Mayor asked Legal Council to summarize the issue.
Tim Ramis summarized the request contained in correspondence
form the Water District. Essentially, the contract with the
Administrator of the District requires that the cities of
Tigard, King City, and Durham, as successor public bodies
party to a 190 agreement with the District, affirm the
Administrator's contract prior to the effective date of the
Joint Water Agency (July 1, 1993). If the Contract is not
affirmed, it is terminated. The two points of concern are;
that the contract is perpetual except at the discretion of the
Administrator and; if the contract is terminated, the
Administrator is entitled to a full year of severance pay.
CITY COUNCIL MEETING MINUTES - June 24, 1993 - PAGE 1
Motion by Councilor Hunt, seconded by Councilor Fessler, not
to affirm the Tigard Water District Administrator's Employment
contract.
The motion was approved by a unanimous vote of Council, 5-0.
(Mayor Edwards and Councilors Fessler, Hawley, Hunt, and
Schwartz voted "yes.")
Councilor Hawley explained that the Administrator's Agreement
was unacceptable to her because, in her opinion, public money
could be better spent and also there is no term to the
agreement, with no opportunity to renegotiate.
Councilor Schwartz stressed that, in his opinion, one year of
severance pay is excessive. More important, the perpetual
term of the contract prohibits the governing body from
entering into renegotiations unless the Administrator is
agreeable.
Councilor Fessler expressed her concurrence with statements
made by Councilors Hawley and Schwartz.
4. CONSIDERATION OF INTERIM GOVERNMENTAL AGREEMENT FOR CREATION
OF A JOINT WATER AGENCY - ORDINANCE NO. 93 - 16
Mayor announced adjustment in agenda order, agenda item #4
will be considered before item #3.
Legal Counsel read the ordinance by title.
Councilor Scwartz explained that the agreement provides for
interim governance of the water supply system and affects
customers previously served by the Tigard Water District in
the cities of Tigard, Durham, King City and unincorporated
Washington County.
Legal Counsel clarified that Paragraph 9 of the agreement
regarding Employee Benefits and Personnel does not apply to
the current Administrator of the Tigard Water District. An
amendment reflecting that interpretation is not necessary.
Legal Counsel for the Tigard Water District informed City's
Legal Counsel that the District will provide a letter
acknowledging the interpretation.
ORDINANCE NO. 93-16 AN ORDINANCE OF THE CITY COUNCIL, CITY OF
TIGARD, OREGON, RATIFYING THE CREATION OF A JOINT WATER AGENCY
AS SPECIFIED IN THE INTERIM INTERGOVERNMENTAL AGREEMENT
APPROVED BY THE CITY COUNCIL ON JUNE 24, 1993 AND DECLARING AN
EMERGENCY.
CITY COUNCIL MEETING MINUTES - June 24, 1993 - PAGE 2
Motion by Councilor Schwartz, seconded by Councilor Hunt, to
adopt Ordinance No. 93-16.
The motion passed unanimously, (5-0). (Mayor Edwards,
Councilors Fessler, Hunt, Hawley, and Schwartz voted "yes.")
5. COUNCIL DISCUSSION WITH REPRESENTATIVES FROM THE CITY OF KING
CITY AND THE CITY OF DURHAM ON THE INTERIM GOVERNMENTAL
AGREEMENT FOR CREATION OF A JOINT WATER AGENCY. Mayor Edwards
invited the representatives from King City and Durham City
Councils, and Bev Froude from the unincorporated area to the
table to participate in the discussion.
Councilor Hunt stated that he had suggested and requested a
meeting to see where the Council wants to go regarding
distribution of water. He emphasized that the views he would
present are his personal views and have not been discussed or
approved by the other members of Council. Councilor Hunt
stressed that any criticisms he offered are not intended to
reflect personally on members of the Water District Board.
Councilor Hunt made remarks on his position about how the City
of Tigard should proceed regarding the City of Tigard
establishing a department to handle water distribution. He
now supports the creation of a department because of
substantial savings to the taxpayer. (See handout dated
6/24/93 on file with Council packet.)
Mayor Edwards related some of the history over the last two
years regarding water service delivery, including discussions
by the Blue Ribbon Task Force. He noted that it was important
to him when, embarking upon the joint water agency, to
consider the best interests of the people and employees within
the entire structure. Other important considerations are
efficiency, cost, and source. He stated that he would need
more information on the impacts on the City's budget and
staffing before he could support the City establishing a water
department.
Councilor Hawley questioned whether the Joint Water Board
could create the same efficiencies raised by Councilor Hunt.
City Administrator Reilly answered that it was possible to a
degree, but it would be more difficult. Legal Counsel
concurred, based on his experience with both 190 agencies and
municipalities with water departments.
Councilor Hawley agrees that certain efficiencies would occur
if water service was a department of the City. She noted that
she was involved in discussions about the issue as a member of
the Mayor's Blue Ribbon Task Force and that there were very
logical reasons for pursuing this course. She concluded that
she saw no compelling reason to change direction at this time.
CITY COUNCIL MEETING MINUTES - June 24, 1993 - PAGE 3
Councilor Schwartz noted that the previous City Council
recognized that the City could provide water service less
expensively, as a department of the City. The previous
_ Council had decided to pursue the 190 arrangement to keep the
district intact, and to include the cities of Durham and King
City.
Robert Tydeman, Durham City Councilor, noted if water service
was provided out of a Department in the City of Tigard, that
Durham would have no choice but to contract with the City of
Tigard for water. He also questioned how realistic the amount
of estimated savings to taxpayers.
Lynda Jenkins, King City Mayor, stated that her preference
would have been to consider providing water service through a
department of the City of Tigard as an alternative from the
beginning of the process. Her concern is for the citizens she
represents and what will benefit them over the long term.
Councilor Fessler commented that she supports giving the Joint
Water Agency the opportunity to work through the issues. She
expressed frustration that the process is moving so slowly.
Councilor Hawley stated, for the record, that she does not see
the Joint Water Agency as a stepping stone to something else.
There was discussion and general agreement that the employees
of the Water District should not have their job duties
impacted by the change in governance.
Bev Froude, 12200 SW Bull Mountain Road, Tigard Oregon, 97224,
commented that she believed that everyone was working toward
one goal. She is a little discouraged that we are not farther
along in the process but that it is important to move to stage
two. She is opposed to changing direction.
John Greene, King City Councilor, asked if the estimated
savings anticipated by providing water through a city
department would be enough to offset the 10% rate increase
approved by the district. He also questioned if water revenue
could be a detour around Measure 5; if revenues collected for
water service could be transferred to other funds if water
service was a city department. Legal Counsel responded that
fund transfers of fees collected for water service to other
accounts is prohibited by law.
Barbara Stilson, King City Council President commented that
three cities, regardless of the size, have more clout than one
city, regardless of the size and the joint water agency should
proceed on course for six months.
CITY COUNCIL MEETING MINUTES - June 24, 1993 - PAGE 4
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Consensus of the group was to proceed with the Joint Water
Agency under the terms of the 190 agreement.
6. ADJOURNMENT: 9:35 p.m.
i
Attest: Elizabe h Ne o ,JDeputy C y Recorder
Mayor, ity o Tigard
Date: f
t
h:\recorder\ccm\ccm0624.93
CITY COUNCIL MEETING MINUTES - June 24, 1993 - PAGE 5
.
From: FINANCE/CATHY
Subject: SPECIAL COUNCIL MEETING
To: CATHY
klo:
•#EVERYONE
ce: : 23 Jun 93 11:45:06
THERE WILL BE A SPECIAL COUNCIL MEETING THURSDAY, JUNE 24, 1993, 7 PM IN THE
TOWN HALL AND TOWN HALL CONFERENCE ROOM. IF ANYONE HAS QUESTIONS ABOUT THE
MEETING, PLEASE HAVE THEM CONTACT ME, LIZ OR JO.
EXTRA AGENDAS ARE IN THE LOBBY.
THANKS,
CATHY
IN ON
From:. Self <CATHY>
To: #EVERYONE
Subject: CORRECTION
` e: 23 Jun 93 18:39:07
BECAUSE THE TOWN HALL IS SCHEDULED FOR ANOTHER USE THURSDAY EVENING, JUNE
24, THE SPECIAL COUNCIL MEETING HAS BEEN MOVED TO THE SENIOR CENTER, 8815 SW
OIMARA STREET (7 P.M.)...
REVISED AGENDAS (WITH NEW MEETING PLACE) ARE IN THE LOBBY.
THANKS,
CATHY
( CITY OF TIGARD, OREGON
AFFIDAVIT OF NOTIFICATION
In the matter of the proposed
-5,02` a I L oLL yi c < yo? ~ a _ (p l a U lc?3
STATE OF OREGON fln-e-eA 'l p let C 02
County of Washington )SS 40 bg
City of Tigard )
I, CG1,-r,Q,r! he hil , being first duly sworn, on oath, depose and say:
That I notified the following persons bphone or personal contact of the Notice of Special Meeting for
the Council Meeting of !_P l a~~ 3 , a copy of said written notice being hereto
attached and by reference made a part hereof on the r day of K13--
CONTACT METHOD: PHONE PERSONAL DATE TIME
Tigard Times Reporter at 684-0360
Name: Donna. SGhrrmid* x Co~a31G3 a~ 30 pm.
Cpfsy - Fg34
Oregonian Reporter at 292.8964
~or 639.9U7
Name--Rob-in 1-[^(.tAvj.j_ X a'05 prin.
King City egal Courie at 639-5414 /llvtr--; A ISa Posr6d i 11 G 1~1 444V CL
Name: 01k4-54e Cd-oars
or0~r.~0. e G' Nat t ma-in
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Subscribed and sworn to before me this day of ~ , 195' 3
U
OFFJ,^IAL 5~AL
M. JOANN HAYES
NOTARY PUBLIC-OREGON Notary P b 'c for Oregon
l COMMISSION NO.005513
fly COMMISSION EXPIRES MAY 5. 1995
My Commission Expires: I t
IogiMcathy,aflnot
{ CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, 4~ijl iOAAW/~ 1A begin first duly sworn, on oath,
depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s)
which were adopted at the Council Meeting dated L
copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof,
on the day of
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. West One Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
i
Subscribed and sworn to before me this . G
day of 19
L(.b2.Q 1,~•
OFFICIAL SEAL
CONNIE MARTIN
NOTARY PUBLIC . OREGON Notary Public for Oregon
COMMISSION No. M5877
MY COMMISSION EXPIRES JUNE 4,1996
My Commission Expires:
Iogin\jo\affpost
;j
CITY OF TIGARD, OREGON
ORDINANCE NO. 93- /p
AN ORDINANCE OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, RATIFYING THE
CREATION OF A JOINT WATER AGENCY AS SPECIFIED IN THE INTERIM
INTERGOVERNMENTAL AGREEMENT APPROVED BY THE CITY COUNCIL ON JUNE 24,
1993 AND DECLARING AN EMERGENCY
WHEREAS, the Tigard City Council, at a Special City Council meeting held
June 24, 1993, approved an Interim Intergovernmental Agreement
(Agreement) between the Tigard Water District, City of Durham, City of
King City and the City of Tigard; and
WHEREAS, the effective date of said Agreement is July 1, 1993; and
WHEREAS, the Agreement specifies that the Tigard City Council as party
to said Agreement must ratify the creation of the Agency prior to the
effective date by Ordinance.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Conditions of Page 5, Section 11 of said Agreement are
fulfilled by the attachment of said Agreement to this
Ordinance, marked "Exhibit All and, by reference, is
incorporated herein.
SECTION 2: Said Agreement declares the intent of the City of Tigard
to create the Agency; specifies the effective date of
said Agreement; sets forth the public purposes for which
{ the Agency is created; and describes the powers, duties
and functions of the Agency.
SECTION 3: An emergency is hereby declared to exist inasmuch as it
is necessary for the health, safety, and welfare of the
City that this ordinance be enacted as soon as possible,
therefore, this ordinance shall become effective upon its
signing by the appropriate authority.
PASSED: By (/M0AD vote of all Council members
present fter being read by number and title only, this
day of , 1993.
Eliz h , eput City Recorder
APPROVED: This day of , 1993.
rald R. wards, Mayor
App oved as o f tQ:
nen r,
2 - 4A A-
Ci i Attorney
Date:
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ORDINANCE No.-93- /1( Page 1
E~ehl
INTERIM INTERGOVERNMENTAL AGREEMENT
f FOR CREATION OF A JOINT WATER AGENCY
` BETWEEN: TIGARD WATER DISTRICT, (the "District")
OREGON
.AND: CITY OF TIGARD, OREGON ("Tigard")
AND: CITY OF DURHAM, OREGON ("Durham")
AND: CITY OF KING CITY, OREGON ("King City")
Recitals:
A. The District is a domestic water supply district
existing under ORS 264. The District provides domestic water
service to residences and business located in Tigard, Durham, King
City and certain unincorporated areas of Washington County.
B. Tigard, Durham and King City (collectively, the
"Cities") have enacted ordinances pursuant to ORS 222, effective
July 1, 1993, withdrawing their respective territories from the
District (the "Withdrawal").
C. Tigard, Durham, King City and the District are
currently evaluating the most efficient long-term structure for
providing domestic water service and wish to continue this
evaluation after July 1, 1993. 'Pending completion of this
evaluation, Tigard, Durham, King City and the District desire to
provide an interim form of governance for the provision of water
service.
D. To provide interim governance of the water supply
system, Tigard, Durham, King City, and the District (individually,
a "Party" or collectively, the "Parties") desire to form a joint
water agency (the "Agency") pursuant to ORS 190.003 et sect and.this
Intergovernmental Agreement ("Agreement"), to provide domestic
water service for a period of six months, effective July 1, 1993,
to businesses and residences currently.served by the District and
to ensure that such businesses and residences receive equitable
service regardless of where they are located.
Agreements:
The parties therefore agree as follows:
INTERGOVERNMENTAL AGREEMENT - PAGE 1 f:\79\790026\2\intr90v9.agt
6/19/93 2 3:00am
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1. Purpose. The purpose of the Agency is to deliver supplies of
( domestic water to residences and businesses within the boundaries
of the Agency.
2. Term. The term of the Agreement shall be July 1, 1993 through
December 31, 1993, unless sooner terminated by the unanimous
agreement of the Parties. This Agreement may *be renewed by
unanimous agreement of the parties. Further, the parties agree
that they shall produce a draft final agreement within 60 days of
the effective date of this Agreement.
3. Boundaries. The initial boundaries pf the Agency shall be the
same as the boundaries of the District existing on June 30, 1993.
4. Governance.
A. Composition of Board of Directors. The Agency shall be
governed by a seven (7) member Board of Directors (the "Board")
appointed by, responsible to and acting on behalf of Tigard,
Durham, King City and the District. Each of the Parties shall
appoint the following number of directors to the Board:
Tigard 4 Directors
Durham 1 Director
King City 1 Director
District 1 Director
The directors may be private citizens, elected officials
or appointed officials of the Party making the appointment. Each
director shall serve at the pleasure of the Party appointing that
director. No more than two of the appointments made by Tigard
shall be appointed officials of the City of Tigard. Two of the
Directors appointed by Tigard shall be selected from the members of
the Board of the District serving as of June 15, 1993. The Board
shall have a Chair and a Vice-Chair who shall be selected by a vote
of the members of the Board in accordance with subsection C. of
this section.
B. Terms of the Directors. The directors shall serve a term
from July 1, 1993 through December 31, 1993.
C. Quorum/Votes. A quorum of the Board shall be five (5)
directors. All actions of the Board shall require five votes.
D. Powers of the Board of Directors. On behalf of the
Agency the Board shall have all powers, rights and duties relating
to the Purpose of the Agency that are vested by law in each of the
Parties to this Agreement, and their officers and agencies. The
Board shall also have the power to adopt all rules necessary to
carry out the powers and duties of the Agency under this Agreement.
INTERGOVERNMENTAL AGREEMENT - PAGE 2 f:\79\790026\2\intrgov9.a9t
6/18/93 a 3:00am
5. Asset Ownershin/Water Rates/Revenues.
A. Generally. If, during, the term of this Agreement, any
assets (both real and personal property) of the District are
received by Tigard, Durham and King City from the District as a
result of the Withdrawal, those assets shall'be contributed to and
utilized by the Agency for Agency operations. The District shall
also contribute its property to the Agency for Agency operations.
B. Division of Assets. Each Party acknowledges the rights
of the other Parties to a division of assets pursuant to ORS
222.540. The Parties desire to avoid such a division and agree not
to seek such a division during the term of this Agreement.
C. Use of Assets/Revenues for Non-Water Purposes. The
assets and revenues of the Agency shall not be used for non-water
related purposes.
• (i) Revenues may not be utilized for the general fund
purposes of any Party to this Agreement. . Water rate
payers shall not be required by the Agency or any Party
to this Agreement to pay a franchise fee. or other
assessment.
(ii) The restriction set forth in this section shall be
sufficiently flexible to permit consolidation of some
functions, (e.g. functions related to water and sewer
service) to achieve efficiencies.
D. Uniform Rates. The rates charged by the Agency for
providing water service to residences and businesses shall be
uniform within the boundaries of the Agency. Notwithstanding the
foregoing, the Agency may impose higher rates for providing water
service to residences and businesses when the cost of providing
such service is greater due to unusual circumstances, including but
not limited-to additional costs to pump water uphill to reach
customers. Any higher rates imposed for providing water service
shall be limited to covering the actual additional costs of
providing such service.
E. Use and Location of Assets. The assets of the Agency
shall be used to ensure a uniform level and quality of service for
all residences and businesses within the boundaries of the Agency.
Consistent with sound operating practices, all newly acquired fixed
assets of the Agency shall be equitably located. within the
boundaries of each of the Parties. Notwithstanding the foregoing,
asses shall be placed in the location which will produce the
greatest efficiency and highest quality of service for the
residences and businesses served by the Agency. Furthermore,
nothing in this Agreement shall preclude placing the Agency's fixed
'assets in a location outside the boundaries of the Agency, provided
INTERGOVERNMENTAL AGREEMENT PAGE 3 f:\79%79002612\intrgov9.agt
• 6/18/93 2 3:00am
that such a location results in greater efficiency and quality of
service than any other location within the boundaries of the
Agency.
6. Agency Budget. The expenses and revenues of the Agency shall
be budgeted and accounted for as provided by Local Budget Law.
7. ' Apportionment of Debt. The debts, liabilities and obligations
of *the Agency incurred during the term of this Agreement shall be,
jointly and severally, the debts, liabilities and obligations of
the Parties to this Agreement.
8. Indebtedness of the District.
A. Changes in Tax Coordination. The Withdrawal of the
Cities results,in changes in tax coordination with respect'to the
outstanding general obligation indebtedness and the liabilities of
the District. The-Parties shall within 90 days of the effective
date of this Agreement determine their respective share of the
indebtedness and liabilities and shall reach agreement among
themselves and with the Washington County Assessor for continued
payments on such indebtedness and liabilities.
B. The Parties have previously determined that assumption of
their respective portions of the District's outstanding bonded
indebtedness will not bring the total of their individual
obligations above any Constitutional or statutory debt limitation
applicable to such Parties.
9. Employee .Benefits/ Personnel. All employees of the District
shall become employees of the Agency. The Agency 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 Agency'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. If,
during the term of this Agreement, the Agency proposes to lay off
transferred employees of the District, such employees shall be
entitled to a minimum of six (6) months advance written notice
before the effective date of the layoff.
10. Expenditures. The Parties acknowledge that the withdrawals by _
Tigard, King City and Durham will significantly impact the
operations of the District. During the term of this Agreement, the
Parties desire to maintain the District as a viable unit of
government. Accordingly, the Parties agree that the Agency will
fund all reasonable and necessary expenses of the District and
shall provide such staff assistance as is reasonably necessary.
INTERGOVERNMENTAL AGREEMENT - PAGE 4 f:\79\790026\2Vntrgov9.agt
6/18/93 2 3:00am
i
11. Ordinance Ratifying this Agreement. Prior to the effective
t date of this Agreement, each of the Parties shall enact an
ordinance ratifying the creation of the Agency. The ordinance
shall declare that it is the intent of the governing body of the
Party enacting the ordinance to create the Agency. by this
Agreement; specify the effective date of this Agreement; set forth
the public purposes for which the Agency is created; and describe
the powers, duties and functions of the Agency. Not later than
thirty (30) days after the effective date of this Agreement the
Parties shall file with the Secretary of State copies of the
ordinances together with a statement containing the name of the
Agency, the Parties to this Agreement, the purpose of this
Agreement and the effective date of this Agreement.
12. Effective Date. The effective date of this Agreement is July
1, 1993.
DATED this day of , 19
TIGARD WATER DISTRICT, OREGON
By:
Attest:
CITY OF TIGARD, OREGON
By:
Attest:
CITY OF DURHAM, OREGON
By:
Attest:
CITY OF KING CITY, OREGON
By:
Attest:
INTERGOVERNMENTAL AGREEMENT - PAGE 5 f:\79\790026\2\intrgov9.agt
6/18/93 al 3:00am
Tigard City Council meeting 6/24/93
This meeting was called at my suggestion and request and I
have therefore volunteered to start the discussion. The
views I will be expressing are my personal views and are
meant for a starting point for discussion not only for the
Tigard City Council but also with the other affected
agencies.
I feel Tigard City Council has reacting not acting on water
board policies. Bad relations has developed between the
Tigard Water Board and the city of Tigard. I believe much
of this is due to an honest difference of opinion. Although
some of my remarks may seen critical of the Tigard Water
Board members this is not my intent. I have no question
that Tigard Water board members'are as dedicated and their
intentions are as good as those of the city council. I do
disagree with many decisions and actions of the Tigard Water
Board. I am sure they do not agree with many things the
Tigard City Council does. I believe it is time to forget
what has happened and concentrate on where we want to go and
how we get there.
I was not on the city council when the original discussion
of the water district was initiated. Shortly after I came
on the city council there was limited discussion of:
r 1. a joint water district
2. Tigard forming a city department to distribute water
within the city.
I believe, mostly for political reasons and the appearance
of a "Power Grab", negotiations have proceeded on the
premises there would be a joint water district. In my
opinion many of the decisions that have been made have been
the results of actions of the Tigard Water Board has made.
I have changed my thinking of how the City of Tigard should
proceed. If my thinking and suggestions are considered by
the council, they will directly affect Durham, King City, and
the unincorporated area. This is why the Tigard City
Council has invited member of these agencies to participate
in this discussion.
Originally I was opposed to the city of Tigard establishing
a department to handle distribution of water within the
city. My primary objection was the way this action may be
viewed by the residents. As negotiations have proceeded
actions the Tigard Water Board have taken has caused me to
look more closely at the two possibly choices. It is now my
opinion that the savings the taxpayer will receive if a
water department is formed is substantial and would out
weigh any adverse views.
2
Following are some of the area's where I feel savings could be
made. Keep in mind it is the same tax payer paying the city
tax as is paying water charges.
1. It is possible the Administrator's position could become
a part of a public utility director's area of responsibility
and substantially reduce cost.
2. The payroll, which is now being "farmed out" could be
done on the city computer with little or no cost.
3. The accounting department could be reduced substantially
since there financial statement would merge with the city.
4. Equipment repairs and service would be combine.
5. Consideration could be made to use the facilities on
Canterberry to a much greater degree and possibly dispose of
other facilities.
6. The new facilities on Burnham could be used to a much
greater advantage.
7. By having an audit of a single agency a savings of
approximately $9,000.00 a year would be realized.
8. Rolling stock and equipment could be consolidated and
save money.
Pat has estimated a saving of approximately $200,000 a year
could be realized.
Let me switch gears and cover some concerns I am sure King
City, Durham, and the unincorporated areas must be feeling.
I can well understand how they may be thinking "here we go
with Tigard starting to take over". I believe as an elected
council we must act in the best interest of our residents.
In my opinion this is to form a water department. Where
does this leave King City, Durham, and the!,Inincorporated
areas? It would appear to me they have three options.
1. They can form a joint water district of their share of
the distribution.
2. They can for departments.
3. They can enter into a negotiated agreement with the City
of Tigard for the City of Tigard to be the water provider.
I would envision this with them leasing their part of the
assets leased to Tigard for say $1.00 a year thus avoiding a
distribution of assets and yet them retaining ownership in
the assets. With this approach the water rates could remain
the same for all being served. Consideration of an advisory
3
board with representation from each agency could be
established. This board would have no jurisdiction over day
to day operations. Their roll would be in rate determination, water
provider negotiations, etc..
Again let me stress that this presentation is my thinking
and not necessarily the thinking of the council. I have
reviewed certain aspect of this with Pat to make sure my
facts are correct.
I hope in my attempt to present what I feel are facts that
have to be considered and have not been concerned about
playing politics I have not been overly blunt. I was
concerned that negotiations are not going the direction I
believe they should and that if we are to discuss them it
should be in a open forum with all parties being involved.
C