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11/08/2006 - Packet Completeness Review ■ for Boards, Commissions and Committee Records R"i I'll I CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee ffo do ,b ,,r Date of Meeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting;I am simply the employee preparing the paper record for archiving. This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name Zol-��"-o Re/t,� Signature 3 - 7 - L3 Date Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area REVISED AGENDA Wednesday, November 8, 2006 City of Tigard Town Hall 5:30 p.m. 13125 SW Hall Blvd. Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call. 2. Public Comments Call for any comments from the public. 3. Approval of Minutes—September 13, 2006 Motion from Board for minute approval. 4. Discussion of Transferring Surplus Canterbury Property to the City of Tigard for a Neighborhood Park- Dennis Koellermeier(15 minutes) 5. Update on the Water Building Remodel- Dennis Koellermeier(10 minutes) 6. Update on the Annexation/Bull Mountain Incorporation Legal Challenge - Dennis Koellermeier(5 minutes) 7. Discussion of Term Expiration for Commissioners Woodruff and Winn - Dennis Koellermeier(5 minutes) 8. Informational Items - Dennis Koellermeier 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meetings -November 14, 2006, 6 p.m. - Lake Oswego City Hall - December 13, 2006, 5:30 p.m. - Water Auditorium 11. Adjournment-Approximate Time 7:00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Sign-in Sheet Intergovernmental Water Board Meeting Date: // - 0-t96 Name Do you wish If yes, please give your address please print to speak to the Board? John Q. Public Yes 13125 SW Hall Blvd. Tigard OR 97223 Intergovernmental Water Board Meeting Minutes November 8, 2006 City of Tigard Town Hall 13125 SW Hall Blvd. Tigard, Oregon Members Present: Patrick Carroll, George Rhine, Bill Scheiderich, Dick Winn and Sydney Sherwood (Tigard alternate) Members Absent: Tom Woodruff Staff Present: Public Works Director Dennis Koellermeier IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions The meeting was called to order at 5:33 p.m. 2. Public Comments: None 3. Approval of Minutes — September 13, 2006 Commissioner Rhine motioned to approve the September 13, 2006, minutes; Commissioner Carroll seconded the motion. The motion was approved by unanimous vote. 4. Discussion of Transferring Surplus Canterbury Property to the City of Tigard for a Neighborhood Park Commissioner Rhine requested this item be tabled until it could first be considered by the Tigard Water District at their meeting later this month. The item will be revisited at the IWB's December 13 meeting. 5. Update on the Water Building Remodel Mr. Koellermeier relayed the following information regarding the water building remodel: ■ The City has retained an architectural firm and is moving forward with the remodel. ■ The project should be completed by June 30, 2007. ■ During the remodel, staff currently working in the building will be moved to temporary work space in the auditorium. ■ Since the City will be investing a substantial amount of money in the building, Tigard's City Manager and Finance Director would like to Intergovernmental Water Board Minutes November 8,2006 1 discuss the water building ownership/asset issue at the Board's December or January meeting. The City may offer to buy shares from its partners that have an ownership interest in the building. 6. Update on the Annexation/Bull Mountain Incorporation Legal Challenge Mr. Koellermeier reported he had asked City Attorney Firestone to provide an abbreviated legal update on this issue. Mr. Koellermeier read the following e- mail from Mr. Firestone: The Friends of Bull Mountain have withdrawn their motion for a preliminary injunction, but the case remains alive. There will be no action in the litigation until after the election. If the election fails, then 1 would expect the court challenge to the City's annexation will be dropped and the annexation will proceed without court challenge, although we will likely see a LUBA challenge. Even the LUBA challenge, if filed, might be withdrawn if the election fails. If the incorporation succeeds, then I would anticipate the courts will decide whether the disputed area will be included in Tigard or in Bull Mountain. Mr. Koellermeier added Mr. Firestone expected to see a LUBA appeal of the City's Cach Creek annexation and that appeal has been filed. Even if the incorporation fails, the LUBA appeal may still proceed. 7. Discussion of Term Expiration for Commissioners Woodruff and Winn Mr. Koellermeier advised Commissioner Woodruff's and Commissioner Winn's terms expire at the end of the year. Tigard, represented by Commissioner Woodruff, and King City, represented by Commissioner Winn, will need to appoint or reappoint a member to the Board. Commissioner Sherwood indicated Commissioner Woodruff intended to remain on the Board. Since King City's City Manager is unavailable, Commissioner Winn said he didn't know how this issue would be addressed. 8. Informational Items Mr. Koellermeier: ■ pointed out the IWB's 2007 Meeting Schedule had been provided to each Commissioner and noted several meetings would not be held in the water auditorium. ■ referred to the recent heavy rain and advised, as of last night, the Bull Run system was shut down because turbidity had exceeded the EPA limit. Tigard anticipated the shut down and planned accordingly. If Intergovernmental Water Board Minutes November 8,2006 2 turbidity exists for an extended period, ASR recharge may be affected. No supply issues are expected and the system may be down for a week. ■ reported the Scoggins Dam acted as a major flood control facility. The reservoir was basically empty and is now 27 percent full after the week's heavy rain. ■ reminded the Commissioners of their meeting with the Tigard and Lake Oswego City Councils next Tuesday, November 14, in Lake Oswego. 9. Non-Agenda Items: None 90. Adjournment The meeting was adjourned at 5:53 p.m. Greer A. Gaston, IWB Recorder Date: 1/GG. /3. Zoo&0 Intergovernmental Water Board Minutes November 8,2006 3 Agenda Item No.: IWB Meeting Date: Intergovernmental Water Board Meeting Minutes September 13, 2006 Tigard Water Building 8777 SW Burnham Street Tigard, Oregon Members Present: Patrick Carroll, George Rhine, and Dick Winn Members Absent: Bill Scheiderich and Tom Woodruff Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich Attorney Gary Firestone IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions The meeting was called to order at 5:33 p.m. Note: Item 3 was heard before item 2. 2. Public Comments: None 3. Approval of Minutes —August 9, 2006 Commissioner Rhine motioned to approve the August 9, 2006, minutes; Commissioner Winn seconded the motion. The motion was approved by unanimous vote. Note: Item 2 was heard after item 3. 4. Discussion on the Possible Impacts of Bull Mountain Incorporation Mr. Koellermeier introduced Attorney Firestone who was present to discuss possible scenarios and what, if anything, the Board should be doing surrounding the possible incorporation of Bull Mountain. With regard to incorporation, Attorney Firestone advised withdrawal from the Water District had not been proposed. However, if formed, the Bull Mountain city council would have the authority to withdraw territory from the Water District. If the new city chooses not to withdraw from the Water District, everything would continue to operate as it has in the past. The Intergovernmental Agreement (IGA) Intergovernmental Water Board Minutes September 13,2006 1 would not need to be changed, all the properties would remain part of the District, and Tigard would be obligated to provide service. The only action the city of Bull Mountain could take to affect the area of the District is to withdraw; it can not add territory. There is no obligation to provide water service to any area not currently within the boundaries of the Tigard Water District (TWD). If the city of Bull Mountain includes areas outside the Water District, those areas do not have to be served by the Water District or the City of Tigard. The IGA does not address what happens if a portion of the Water District becomes part of a city and withdraws from the District. The IWB could amend the IGA to spell out what would happen under those circumstances. At any point after the new city is formed, it could chose to withdraw from the Water District and would have certain rights with regard to equitable division and disposal of the District's assets. Local water lines would become the assets of the new city. Additionally, the new city would likely be entitled to some proportionate share of capacity, water rights, and major facilities, such as reservoirs and pump stations. Any amendment to the IGA could not negate the new city's rights to these assets, but the IGA could specify what assets are needed to provide service to the remaining members of the system. There is nothing to prevent an agreement between the city of Bull Mountain and the members of the IWB. Attorney Firestone suggested this may be the most logical approach. Such an agreement might identify system assets to be used by Tigard and specify what lines and water rights would go to the city of Bull Mountain. Details of such an agreement would be a matter for future negotiations. Attorney Firestone said he would assume the IWB would argue that the new city is not entitled to any of the assets needed to provide service to other IWB members. The new city could be given some delivery rights throughout the life of the agreement. If the city is formed and withdraws from the District, statue provides for a period of negotiations, between the new city and the District, to work out an agreement. The division of assets would essentially be the sole source of negotiations. If an agreement can not be reached, the issue would then go to the county board. Attorney Firestone stated that no one had been faced with this exact situation before and the outcome is unpredictable. Commissioner Rhine asked what needed to happen for the new city to become a member of the IWB. Attorney Firestone responded if the new city did not withdraw: ■ The District would continue to exist, unchanged. ■ The Board would continue to function as is. Intergovernmental Water Board Minutes September 13.2006 2 ■ The new city, not being a party to any of the IGAs, would have no role in the water distribution system and no rights or obligations relating to water within the TWD. Local governments can create any type of agreement as long as it is legal and within their authority. The new city could negotiate to become part of the system, receiving service on the same terms. In response to a question from Commissioner Carroll, Mr. Koellermeier stated the vast majority of Bull Mountain residents would be within the boundaries of the new city. Attorney Firestone explained the District would still exist, because some territory would fall outside these boundaries. Mr. Koellermeier referred to a map depicting the boundaries in question. The map is on file in the IWB record. Areas 63 and 64, formerly called study areas 48 and 49, are outside TWD boundaries and are within the boundaries of the proposed new city. The areas could be annexed into the District, if Tigard, the TWD, and the IWB agreed to expand their service area. Commissioner Winn asked what the IWB should do to prepare for the possible incorporation. Attorney Firestone responded the Board can: ■ Do nothing and proceed with business as usual. ■ Try to establish a dialogue. ■ Make some sort of public statement about how the Board plans to operate if incorporation occurs and what it would do in the event the city of Bull Mountain withdraws from the District. Commissioner Carroll suggested the Board could grant IWB membership to the city of Bull Mountain and this would allow everything to remain the same. Mr. Koellermeier responded all current IWB members own the assets within their boundaries. He added that until the city of Bull Mountain withdraws from the TWD, they have no assets and are not in the water business. Attorney Firestone reiterated the new city could not become a member of the IWB without an IGA, but an IGA could be created whether or not the city withdraws from the District. If an IGA were created without the new city withdrawing, it would not have any assets; this would differentiate the new city from the all the other entities making up the IWB. In the first few years after incorporation, Attorney Firestone predicted the new city would focus on getting up and running, and on land use. The people involved in the incorporation effort have not proposed providing water services, although these individuals may or may not end up on Bull Mountain's city council. Intergovernmental Water Board Minutes September 13,2006 3 At some point, the new city would have to plan the water system for the undeveloped areas of the proposed city. Supplying water to these areas could be accomplished if the TWD annexed the areas and a water service agreement between the city of Bull Mountain and the IWB is created. The water service agreement could take the form of an urban service agreement through the TWD, with the consent of the IWB. Audience member Isador Moragavi, who lives in the Bull Mountain area, expressed concern regarding increased density and it's impact on existing infrastructure. Mr. Koellermeier relayed the IWB had adopted a master plan which details major facilities and funding strategies. The master plan was created and sized based on Tigard's planning densities and does not address the increased density that would result from the incorporation of Bull Mountain. Mr. Koellermeier said the addition of areas 63 and 64 would further exacerbate this situation. In the past, the Board has not considered boundaries when building capacity improvements, but the Board would need to consider who would subsidize such an expansion. Commissioner Winn commented King City would not want to subsidize service improvements resulting from the creation of a new city. The Board discussed the density and water demands of the proposed city. Should the new city be formed and withdraw from the District, Mr. Koellermeier asked about the distribution of liabilities. Attorney Firestone responded that liabilities were treated differently than assets. If debt is incurred related to a specific facility, infrastructure, etc., and the new city takes over that facility, infrastructure, etc., then the new city assumes the liability. Mr. Koellermeier said revenue bond debt may be incurred in the next few years to address capital improvements. Attorney Firestone said, in some cases, if there's outstanding bond indebtedness, withdraw doesn't affect property taxes for each individual location. If the new city would remain within its tax limit, it could take over the tax obligation and pay the District. Commissioner Carroll noted debt is typically reflected in rates and Attorney Firestone noted, in that case, these scenarios would not be applicable. Mr. Koellermeier stated capital improvements in the expanded area could be funded through a differential system development charge specifically for that area. Attorney Firestone added the IGA permits a cost differential in the rates if circumstances differ. In response to a question from Commissioner Rhine, Mr. Koellermeier said expansion would likely require increased storage, increased pipe diameter for major transmission facilities, and upsizing of infrastructure all the way along the line. Although higher density results in cheaper distribution costs, growing Intergovernmental Water Board Minutes September 13,2006 4 capacity at the end of the system, as in the case of areas 63 and 64, is very expensive. Attorney Firestone summarized that things could simply continue as they are in the existing system. He added he thought the parties will likely arrive at some type of agreement in the next 12 years and that there are few constraints on what such an agreement might look like. At a minimum he would expect an urban services agreement. 5. Water Supply Status Mr. Koellermeier introduced John Goodrich who briefed the Board on the following points: ■ The City has recovered all injected water and is trying to take an additional 50,000 million gallons (mg) of native ground water from aquifer storage and recovery (ASR) well #1 . ■ The City is taking about a half million gallons a day from ASR 2 and will leave about 37 mg in the ground. ■ The City's contract with Portland requires Tigard to take 6 million gallons per day (mgd). ■ The current system demand is about 10 mgd and ASR is used to supplement Portland water. ■ August demand has decreased as compared to last year. This may be weather related. • In October, the Portland contract drops to 4 mgd. The City will take more water from the ASR wells if demand does not decrease as expected. ■ The City continues to take 1 mgd from Lake Oswego. ■ The City is taking 1 '/z mgd from the Joint Water Commission. 6. Informational Items: None 7. Non-Agenda Items Mr. Koellermeier reminded the Board of their meeting with the Tigard and Lake Oswego City Councils on Tuesday, November 14 at Lake Oswego City Hall, 380 A Ave., Lake Oswego, Oregon. Dinner will be served at 6 p.m. and the meeting will follow at 7 p.m. Commissioners Carroll, Rhine, and Winn indicated they intend to go to the meeting. Mr. Koellermeier informed the Board that Commissioners Scheiderich and Winn planned to participate in a tour of the Barney Reservoir on October 5. He asked if any other Commissioners were interested and mentioned some staff members may also attend. No other Commissioners expressed an interest in the tour. 8. Next Meeting — October 11, 2006, 5:30 p.m. - Water Auditorium Intergovernmental Water Board Minutes September 13,2006 5 9. Adjournment Commissioner Winn motioned to adjourn the meeting; Commissioner Rhine seconded the motion. The meeting was adjourned at 6:51 p.m. Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes September 13,2006 6 Agenda Item No.: IWB Meeting Date: MEMORANDUM ' r I; M TO: Intergovernmental Water Board and Tigard Water District FROM: Dennis Koellermeier, Public Works Director RE: Acquisition of Surplus Canterbury Property for a Neighborhood Park DATE: October 30, 2006 As a member of the Intergovernmental Water Board (IWB), the City of Tigard would like to obtain ownership of the unused or "surplus" property at the Canterbury site. The Canterbury property is currently owned by the Tigard Water District (TWD) and is located within the Tigard city limits. Several major water supply assets are situated on a portion of the site. However, approximately half of the property is not being used, and is not expected to be used, in the provision of water services. Attached is a memo from Murray, Smith and Associates, the City's water engineering consultant, which confirms the surplus property is not needed for future water improvements, with the exception of a possible well site. The City proposes an easement be granted to allow for the potential well site on the surplus property. The Canterbury area has been identified as park-deficient. Tigard would like to address this deficiency by investing in the development of a neighborhood park on the surplus property. A typical neighborhood park consists of a playground structure(s) catering to kids of different ages and ability levels, a picnic shelter, a basketball court, portable restrooms, picnic tables, benches, and pathways. Earlier this year, staff informed both the IWB and the TWD about Tigard's aspirations of turning the surplus property into a park. The TWD retained the services of Attorney Balfour to advise them on this issue and a copy of his response is attached. Tigard staff and the city attorney's office used the information provided by Mr. Balfour to develop a process to transfer the surplus property. The process is based on the attached 1994 Intergovernmental agreement (IGA) that formed the IWB. The IGA categorized assets as "system assets" or "other assets;" other assets became the property of the City in which they reside and system assets were pledged to the City of Tigard to be used in the provision of water service. Attorney Balfour concluded the surplus property at the Canterbury site is a system asset because it is on the same tax lot as the assets being used to supply water. Per his suggestion, the following process would change the designation of the surplus property from a system asset to an other asset and the property would subsequently fall under Tigard's ownership. As part of the property transfer process, staff would provide regular updates to the Board and the District. Steps to Transfer Ownership of Surplus Property 1. Tigard requests authorization from the IWB to partition the Canterbury property 2. The IWB authorizes the partition 3. The artition process is completed and deeds for each parcel are recorded 4. The IWB holds public hearing, declares the surplus parcel as an other asset, and, per the IGA, the property falls under Ti ard's ownership 5. Tigard and the IWB request the TWD deed the surplus property to Tigard, consistent with the IGA 6. Tigard grants the potential well site easement, the TWD deeds the surplus property to Tigard, and both documents are recorded The John Tigard House is located on the Canterbury site. A copy of the lease agreement between the TWD and the Tigard Area Historical and Preservation Association is attached. The City proposes to include the John Tigard House in the surplus parcel and would honor the terms of the existing agreement. Enclosures: April 6, 2006, MSA Letter with Map April 21, 2006, Memo from TWD Attorney Balfour IGA between the City of Tigard and the TWD Tigard Area Historical and Preservation Association Lease c: Tigard City Council Craig Prosser, Tigard City Manager Dan Plaza, Parks and Facilities Manager MQA llurrh*6&waxiw.lnc. 1nl;incervPf nners t>►yu S1.1%s.�ruc IXX) IbTtlanc, PHONE iO3 1.1;10110 Its»►;>> ,f MEMORANDUM DATE: April 6,2006 , �t PROJECT: 01-0547.101 TO: Mr. Dennis Koellermeier V T Public Works Director g w L City of Tigard FROM: Chris H. Uber, P.E. f e I %I— Murray, tMurray,Smith& Associates, Inc. RE: Canterbury Site Water Facility Review Introduction In accordance with your request this memorandum documents a review of the City's existing facilities at the City's Canterbury site located near the intersection of SW Canterbury Lane and SW 103''Avenue. This memorandum documents the assessment of the need for future water system facilities at the site or use of the site for a future aquifer, storage and recovery (ASR) facility. Assessment and Findings Representatives of MSA and GSI completed respective reviews of the site. The City's May 2000 Water Distribution Study was reviewed and the issue was internally discussed with MSA's Tigard water team. It was agreed and confirmed through this review and discussion that no additional reservoirs, or other major above ground water facilities are needed at this site. The master plan does call for the abandonment of the pump station once the 550-foot reservoir has been installed. Other than that, the site is adequate as it stands with no additional facilities. 01-0547.101 Page 1 tA2 Canterbury Site Facility Rniew April 2006 City of Tigard F',reweisNlYIST4UIYrcnudludiennn :mer.+r,.xc rtrax+a.1:-+16 bx GSI initially commented that the site is not favorable for an ASR injection site because of its relatively close proximity to other existing City ASR wells. Consideration should be given however to possibly using this site as an additional recovery point by installing an additional production well at or near the Canterbury site possibly allowing increased recovered water production capacity. GSI's review and evaluation of this issue is further documented in the attached memorandum, graphics and figures. Conclusion and Recommendations Based on the evaluation and findings it is recommended that the City take the following actions: 1. Review the findings and conclusion of this memorandum and determine if an additional production well at the Canterbury site is desirable. 2. Secure easement of needed property. 3. Proceed with actions for the construction of a new production well at the site. Thank you for this opportunity to be of service and please feel free to contact us should you have any questions or comments concerning the evaluation and findings of this memorandum. 01-0547.101 Page 2 of 2 Canterbury Site Facility Review April 2006 City of Tigard i Groundwater Solutions,Inc. 55 SW Yamhill Strrel, 5ulle 400 Portland, Oregon 97704 ph: $01-119.6799 ftr: $01,119 0940 e: grouadwatersolutions com Memozxndwn P � To: Chris Uber, PE-MSA N Dennis Koellemeier--City of Tigard `" L'°-x` '4^'9 —'-� From: Larry Eaton, RG-Groundwater Solutions, Inc. ` - Ted Ressler,RCi --Groundwater Solutions, Inc. c.... ,_�i,�`3� Date: 22-March-06 73i<14-,loot Re: Surplus Land Next to Canterbury Site Chris and Dennis, We understand that the City has land adjacent to the Canterbury site that has not been used and is being considered for other purposes,such as a park(see attached photo- Figure 1). The question posed to GSI Is whether this land should or could be used for future groundwater development. As previously discussed and as outlined in our original aquifer storage and recovery (ASR)report,we do not believe this site is suitable for hostvig another ASR well because of excess head buildup in the aquifer in this area. In other words,if more water is injected at the Canterbury site(beyond the current target of about 120 million gallons)using one or more wells,the water level in the Tigard High School well will likely rise to an unacceptable high level. For this reason, we have recommended exploring alternative sites on Bull Mountain for ASR purposes. The Canterbury site,and possibly the adjacent land,could however,host another groundwater production well to help meet City peak demands since the aquifer is already being recharged at the site. Water injected in ASR 1 could be recovered from ASR 1 and a new well. To evaluate this idea,we completed a preliminary well interference calculation to assess the maximum drawdown that would be realized if two wells were operating at the Canterbury site. The following assumptions were made: ➢ The new well would be located approximately 500 feet from ASR 1 (see Figure 1). ➢ Data collected from the site during the 2005 ASR program and during previous testing at the Canterbury site were used to calculate a transmissivity for the aquifer,which was used in the groundwater equation to calculate the theoretical drawdown at the new well. Specifics included: o ASR 1 pumping at 775 gallons per minute(Rpm) o New well pumping at 775 gpm o Duration of pumping at 119 days Y The new well would perform identical to ASR 1(see Figure 2-as-built for ASR 1). ➢ Using the principal of superposition and the calculated and observed drawdowns at the site,a new drawdown was superimposed to estimate the maximum drawdown at ASR 1 and the new well(see Figure 3). Given the available drawdown at ASR 1,a second well could be located near the site. The available drawdown at ASR 1 may be sufficient so that consideration could be given to installing an even higher yield well near the Canterbury site. Operationally,we reconuuend that ASR 1 be used for injecting source water and that one or both wells(assuming a new groundwater production well is uistalled) be used to pump stored water to meet City peak demands. We would not recommend banking more than the current storage target of 120 million gallons. The water recovered at t:t,r. new well,however,will approach the quality of native groundwater sooner than ASR 1, but exactly when this would occur during the recovery phase is uncertain(it most likely would be near the end of the recovery phase). This operational sarin io is shnilar to what the City of Beaverton is planning for at its Sorreiito ASR facility. Please note that this is a preliminary assessment and that a more thorough evaluation would be recommended before the City commits to a second production well at this site. Such an evaluation would have to take into account the infrastructure at the Canterbury site. We also would recommend completion of a cost benefit analysis. Please do not hesitate to call with questions. P1103 -I IC-ARD 006 OPERATIONS\REPORTS MEM(7iICA.NTERBURY_,SECONu WEI L 00C 2 �.LLne path i LenVih. 50992 u s .; L15a L:ne DISOIN Cleat All R I e_ Figure 1 Canterbury Site—Potential New Groundwater Production Well Site CADocuments and SettingslchOLocal Sell ingsV1'emlxirary Internet 1`iles\Ot.KD5\ igure I_Canterhury_Sccond_well (3).doc AS-BUILT for ASR-1 Depth Lithology from (aka COT-11R;WASH 58003) Elevation (ft MSL) (ft BGS) geochemicai analyses 0 Ground surface Elevation-395 It MSL 400 16-inch _———— Frenchman Springs Member borehole (highly weathered to clay) Grout seal ito-as' Claystone intesbed 88' I00 t3a Sentinel Bluffs flow Sao lweatheredl130, 12•inch OD o " n o 'uo.65 Sentinel Bluffs flow (weathered) t65 —_v ie Winter Water Flow Fllnaedtatic2W 200 iposition ofcomact is uncertain) Miter level ).;. _ Za17 '- 256 ft BGS039 4 MSI? ---- ---- - '+ S.. Ppinw laW trtserhrecc+at 3W_ >n sr, 1C0 t � Wa rinw Zone 1310.3297 r iso Open hole Winter Water Flow Cebnnatfe 400 � t12-inch 0 i i Interflow Zone 1405-41101 borehole 436' 4164%' Inter flow Zone(437-493'1 Ortley or Grouse Creek? Byron Jackson Flowserve Vertical Pump n v 9 stage I -I J L Colonnade 477 Model I l"MQ"Ii" e iF o / 491lSF.4 111() a� 500 ` E : InterlbwZone,(491-Sit') Pump intake fr 471Y I3CiS tN Ortle or Grouse Creek? r #j 4�¢i" Interflow Zone(sta-5297 s = -$ I ,s?a Calonnadc? 5C4! i�4-' �'y.b'.,•3i3'•4�;:a. 5b7' Interflow tune 1561.592') 78 o Ortley or Grouse Creek? WELL PERFORMANCE: -200 6W_ Intaaow 2..(594-5991 a ental n=Icor *ata!uen.h Yield-1,000 gpm Specific Capacity 9 gpmlft AQUIFER PERFORMANCE: Si Its tone,Clay5tone,Weathered Basalt to Clay Long term Tran5rt)issivity.-40,000gpd/ft Storativity Coefficient--9.05 x 10' Well Efficiency--5096 300 Vesicular Flow Top aInterior Flow Basalt Notes ;;; ;•`„ri; Pillow Basalt 1. Interflow zones estimated. 2. BGS-below ground surface. Interflow Zone 3. MSL-mean sea level. IFI-11-11 f I 4.Geology compiled by Dr.Beeson Colonnade Fractures rising macroscopic identification and geochemical analysis. Figure 2 As-Built City of Tigard ASR-1 Well Groundwater Solutions,Inc (aka COT-1 R;WASH 58003) December 12,2001 r► Q=775 gpm r► Q=775 gpm I} �— 135'—i► Q ♦ 505' Z I ground surface jLEGEND C — — — Static water level 100 Minimum water level observed during 2004-2005 ASR Operation I Predicted minimum water level f — — — resulting from additional groundwater i pumping I 200 .. L �. _ _ _. _ - - _ - - - - - _ — _. - - _ i A _ _ _ Q SWL= 160 ft MSL(236 ft BGS) n 24' 21' Ca 63' dd Well @775 gpm f a 300 o O �zc els Theis Equation: (used to calculate interference) Parameters: ASR 1 dd=27 ft 400 ASR 1 Q=775 gpm Time=119 days Pump Intake S=5 x 10-4(source:Golder&Assoc.) 4 470'BGS Tcalc.=38,000 gpd/ft i SCALE Notes: 100. 1.dd=drawdown 50C ?Q=Discharge Rate(gpm) 2.BGS=below ground surface 3.gpm=gallons per minute 4.5=Storativity 5.T=Transmissivity 6.gpd-gallons per day 7,ft=feet t 00 600 606'BGS Groundwater Solutions,Inc. = Figure 3 New Well Predicted Drawdown Cry ofrgara Oregon �it03-Tigard\2005 Operacinns\�pnrtK-Memuiwecttaectvt.al .r T—di5&March-19,2W&-pip CABLE HUSTON BENEDICT HAAGENSEN & LLOYD LLP ATTORNEYS AT LAW SUITE 2000 1001 SW FIFTH AVENUE PORTLAND,OREGON 97204-1136 TELEPHONE(503)224-3092 FACSIMILE(503)224-3176 CLARK I.BALFOUR obalfou[{(�chbh.com www:cablehuston.com April 21, 2006 VIA EMAIL AND REGULAR MAIL George Rhine, President Board of Commissioners Tigard Water District 15361 SW Ashley Drive Tigard, OR 97224 Re: Canterbury Hill Reservoir Dear President Rhine and Board Members: You asked questions regarding the Intergovernmental Agreement Between the City of Tigard and the Tigard Water District for Delivery of Water Service (IGWA) effective January 1, 1994, and the disposition of the real property commonly known as the"Canterbury Hill Reservoir Site." My understanding is that this site was acquired in the name of Tigard Water District. It contains two reservoirs,jointly called "Reservoir No. 1,"and referred to as Asset No. SE-22RES and Pump Station No. 1,referred to as Asset SE-50 PST, in the Tigard Water District's System Assets and Liabilities Final Report dated November, 1994,prepared by Economic Engineering Services, Inc. The City of Tigard subsequently constructed an ASR well on the site. My understanding is that the Tigard Water District is still the record title holder to this single parcel of property. Discussions have been ongoing whether the remainder of the. property is necessary for water system purposes or could be used for other uses such as City parks and open space. 1. How is the Real Property Asset defined Under the Intergovernmental Water Agreement(IGWA)? The 1994 IGWA was executed on the heels of the statutory withdrawal of District territory and assets by the Cities of Tigard,Durham, and King City. By ORS 222.540, the City may withdraw the District's assets, except those necessary to serve the remaining area of the District not absorbed by the City. The Water District transferred all assets to the Cities, not just infrastructure, in the 1994 Agreement. The Cities and District in turn pledged the assets to the \1dc03%doas\ngslMy Doatuncnts\cib\27351-TWD\RbineLtr3.doc Corvallis Office—582 NW Van Buren,Corvallis,OR 97330(541)754-7477 CABLE HUSTON BENEWT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 2 City of Tigard whereby Tigard would manage, operate, and maintain the water system for all parties to the IGWA, including the District. Assets were defined as real, personal and intangible property in Section 4A (1). Assets were divided into two groups: A. System Assets: assets necessary for the operation of Tigard's water supply system throughout the original District, not including those other assets of Tigard. This was further defined as "water mains, service installation, strictures, facilities, improvements or other property necessary for operation of the City of Tigard's water supply system throughout the original District." (See Section 4A(2) (a)). 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." (See Section 4A (2) (b)). Section 4B goes on to state that all system assets and other assets shall be pledged by the Cities and 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. In our opinion, the subject real property is a system asset. First, it is the parcel upon which are situated major system assets identified in the November, 1994 System Assets and Liabilities Report. The land is integral to the improvement. The Intergovernmental Agreement that I reviewed does not have an exhibit or schedule that states this subject property was deemed a system asset or other asset. However, the system asset study followed closely upon the creation of the Intergovernmental Water Agreement and the parties have treated similar property as system assets over the past 12 years. The parties have designated this as a system asset by its inclusion in the 1994 System Asset Report. Second,past conduct indicates that the site is a system asset. The Intergovernmental Water Board has faced a similar issue on the Menlor Reservoir site (Clute Property) in the summer of 2000. Various and sundry minutes from June 13, 2000 through October, 2000, reflect statements by the City of Tigard and other members Of the Intergovernmental Water Board (including District representatives) that it was a system asset, that a portion of the Menlor site was no longer needed and voted to partition the Menlor site and sell the property. The Intergovernmental Water Board authorized the City of Tigard to apply for a minor land partition. The City of Tigard recognized in its Council minutes that the Intergovernmental Water Board needed to make decisions on the disposition of system or capital assets. Upon receipt of partition approval, the City declared the property surplus under its procedures. \\dc03\docs\mjs\My Docuinents\cib )7351-TWD\R]iineLti2.doc CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 3 Therefore, we conclude that the property is a system asset based on the IGWA the System Assets and Liability Report and past practice. The Intergovernmental Water Board should determine whether this portion of the property is needed for water service. However, some things should be verified. For example, if there is more than one legally recognized parcel, and all of the water system assets are on one parcel, leaving the other unencumbered, then an argument could be made that the unencumbered separate tax lot is defined as "other assets"under the IGWA. In that case, the agreement says that other assets become the property of the jurisdiction in which they reside. If so, then the asset could be deemed a City of Tigard asset by virtue of the agreement. My understanding is this is a single parcel and should follow the process of the Menlor property. 2. How is the Decision Made and By Whom? As indicated, if it is a system asset,then the agreement requires that the Intergovernmental Water Board determine whether it should remain so for provision of water service. If not, the Board should determine its disposition. Section 5H of the agreement states that"The parties to this agreement shall not have the right to transfer ownership of or remove system assets or any interest therein received or kept as a result of the City's withdrawal from the original District or any interest in system assets acquired during the term of this agreement without the written consent of the other party." This is not the clearest language. I believe it is intended to say no party may transfer ownership and system assets without consent of the other parties. Section 5A provides that"the system assets will be utilized by Tigard in order to provide water service to property residents and businesses in the original District. The District's ownership interest in the assets shall remain though the assets are being utilized by Tigard unless and until transferred to Tigard by agreement or operation of law. The parties agree to execute all documents necessary to allow utilization of the assets by Tigard." Further, there is a mission statement in Section 1 where the parties commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future, long-term supply needs of the area. It is a good faith/fair dealing clause. Does it require unanimous consent of the Intergovernmental Water Board members? Typical voting requires three affirmative votes. However,the specific provisions of Section 5H relating to property disposition would seem to require unanimity. The terms of an agreement should be construed together although a specific clause will be given precedence over a general statement. In our opinion, the decision to declare a system asset as surplus and not needed for the ongoing needs of the water system is an Intergovernmental Water Board decision that should be unanimous under Section 5H. However,we believe a court would find no single party can \\dc03\docs\mjs\My Documents\cib\27351-TWD\RhineLtr2.doc CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine, President Board of Commissioners of the Tigard Water District April 21, 2006 Page 4 withhold consent and vote no without having a reasonable basis for doing so based upon current and long-term water supply operations. It would be prudent for the Board to seek an opinion of its engineers or consultants. We do not believe this issue was discussed in the Menlor site. We understand the Intergovernmental Water Board voted unanimously to have the City of Tigard move forward with the partition application. Therefore,while past practice shows this type of process, there apparently were no dissents to that action. In this case, there may be some dissent by the Tigard Water Board, which would result in a non-unanimous decision. In that case, one or more of the other parties could seek a judicial determination to declare: (1) The action of a majority Intergovernmental Water Board is sufficient to declare property system assets unnecessary for water system improvements and to transfer it; or (2) If unanimity is required,then the District did not have a reasonable basis to decline. If not, the court could compel consent under the cooperative clauses. This is a system asset. The decision to partition and convert to other uses or sale would require a vote of the Intergovernmental Water Board. Section 5H requires unanimity and past practice seems to give credence to that. But, the decision by a member to decline is not unfettered. It must be based on a reasonable analysis that the system asset is needed in the future and should remain. The opinion of the Water Board's engineer would have great weight. 3. If the City of Bull Mountain is formed over the Remaining Area of the Tigard Water District, can it become a member of the Intergovernmental Water Board? As indicated in the recitals of the 1994 Agreement, the Tigard Water District presently encompasses unincorporated territory that was part of the original District. All of the original territory of the District within Tigard, King City and Durham was withdrawn in 1993, leaving this remnant. If the City of Bull Mountain is formed over the entire remnant territory of the District, the provisions of ORS 522.510 would apply: whenever the entire area of a water district becomes incorporated in or annexed to a City in accordance with law, the District shall be extinguished and the City shall, upon the effective date of such incorporation or annexation, succeed to all the assets and become charged with all the liabilities, obligations and functions of the District. If this occurs, then the new City would succeed to all the rights, obligations and properties of the District. Once again,we come back to paragraph 5H, where it indicates that neither the benefits received by the District or the obligations incurred under the ternis of this Agreement are \\dc03\docs\mjs\My Documents\cib\27351-TWD\RhineLtr2.doc CABLE HUSTON BENEDICT HAAGENSEN&LLOYD LLP George Rhine,President Board of Commissioners of the Tigard Water District April 21, 2006 Page 5 assignable or in any manner transferable by the District without the written consent of the City. I do not believe this clause would stand up in the face of the statutory directive of ORS 222.510, which compels the transfer. However,that would be an issue for the new City of Bull Mountain to take up with the other Cities as part of the Intergovernmental Water Agreement or at the courthouse. I believe the state statute would prevail in this instance. 4. Intergovernmental Water Board Agreement. The parties have worked with this agreement for 12 years. Past minutes reflect that the parties recognize a need to rework the document. The foregoing discussion points to that need and the parties should give this serious consideration to amending the agreement to obtain more clarity. I hope this answers your questions. I look forward to meeting with the Board on April 24, 2006. Very truly yours, Clark I. Balfour CIB:n js \\dc03\docs\mjs\My Documents\cib\27351-TWD\Rhine1.lr2.doc BMW A DRrCTNKgL INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES This Agreement is made and entered into by the City of Tigard, an Oregon municipal corporation, (hereinafter "Tigard") and the Tigard Water District, a domestic water supply district existing under ORS Ch. 264, (hereinafter "District") . Tigard and District are jointly referred to herein as "the Parties. " Unless identified as "original, " District refers to the remnant district. RECITALS• 1. The cities of Tigard, King City and Durham (collectively the "Cities") withdrew from the original District effective July 1, 1993 . 2 . Pursuant to ORS 222 .540, the District is obligated to turn over to the Cities its water mains, service installations, structures, facilities, improvements and other property in the area withdrawn from the District as it existed on June 30, 1993 , (original District) that are not necessary for the operation of the remainder of the water supply system of the District. 3 . The area withdrawn by Tigard was a major portion of the original District. Because of this, Tigard is entitled to a major portion of the original District's infrastructure pursuant to ORS 222. 540. King City and Durham are entitled to smaller portions of the original District's infrastructure. Furthermore pursuant to ORS 222 . 550, should the District dissolve, Tigard will be in a position to obtain all of the District's remaining assets which have not been distributed under ORS 222. 540. 4 . With the assets and infrastructure obtained by its withdrawal from the original District, Tigard is creating a city water department. I 5. The Cities and District agree that it is in their best interest if King City, Durham and the District were to be an integrated part of a water supply network receiving water service from Tigard's city water department. Tigard will receive revenue from water users in Tigard, King City, Durham, and the District, and with that revenue Tigard will provide the funds to pay for expenses incurred in providing water service. 6. The Cities and District agree that it is in their best interest to share authority for decision-making regarding the long- term water supply and capital improvement planning to serve present and future water customers of the original District. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 1 (12/23/93 - FINAL) 7. The Parties shall continue to prepare independent tax coordination plans. 8. Tigard and the District acknowledge that they have authority to enter into this Intergovernmental Agreement pursuant to the powers contained in Tigard' s Charter, ORS 264 .210 and ORS 190. 010. NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: 1. Mission Statement. The Cities withdrew from the original District with intent to take a more active role in planning and operating a domestic water supply system for the Southeast Washington County area in order to provide the residents of that area with the highest quality water service at the lowest possible cost. In keeping with that intention, the Parties to this Intergovernmental Agreement commit to working together to provide all of the residents and undeveloped property in the original District with a clean, economical water supply. The Parties further commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future long term water supply needs of the area. 2 . Term. This Agreement will be in full force and effect until December 31, 2018, unless sooner terminated by one or both of the Parties. Either party may terminate this Agreement by providing written notice to the other party a minimum of ten years prior to the effective date of termination. Tigard recognizes that by this Agreement, it is assuming the responsibility to provide water to the inhabitants of the District for the duration of this Agreement unless a reasonable alternative domestic water supply is available to the District and the Agreement is terminated. 3 . Intergovernmental Water Board. A. Tigard will establish an Intergovernmental Water Board (IWB) . The Intergovernmental Water Board will consist of five members. Members of the Board will be appointed by the respective governing bodies as follows: INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL) Tigard - One Member King City - One Member Durham - One Member District/Unincorporated Area - One Member At Large - One Member selected by a majority vote of the Other Members B. Intergovernmental Water Board Terms. (1) Initially, three Board members shall be appointed for a term of three years (from January 1, 1994 to December 31, 1996) and two Board members shall be appointed for a term of two years (from January 1, 1994 to December 31, 1995) . There shall be a drawing of lots to determine which Board members will serve two years and which will serve three years. Thereafter, Board members shall have two year terms. (2) Board members shall be appointed in December for the following two year term. Each term will begin on January 1. Each term will end on December 31 and each Board member shall serve until a successor has been appointed. Members may be re-appointed to succeeding terms. Vacancies may be filled in the same manner as a regular appointment. (3) Board members shall be an elected official serving on the respective governing body except for that member selected by a majority vote of the other members. Each respective governing body may appoint an alternate to attend meetings in the place of a regularly appointed Board member. The alternate shall be appointed in the same manner and must meet the same qualifications as the regularly appointed Board member. C. Tigard may appoint city officials as ex officio members of the Intergovernmental Water Board to assist the Board in its duties. They shall serve at the pleasure of the Tigard City Council and shall have no voting privileges. D. A quorum of the Board shall be three (3) members. All actions of the Board shall require at least three (3) votes, excluding abstentions. E. The Intergovernmental Water Board will make recommendations to the Tigard City Council on water service issues and will have the following responsibilities: (1) to make a continuing study of the rate structure of the water system. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL) (2) to consider and prepare plans for and make recommendations to the Council for a long-range operation and management program. (3) to investigate and study means of effecting economies in operation and management. (4) to review and make recommendations to the Budget Committee and Council on all budget requests for operation and maintenance. (5) to study and consider ways and means of improving the water system and services which it provides. (6) to study and make recommendations on Tigard's program for providing insurance for system assets and operations. (7) to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations. (8) to work with other agencies and jurisdictions in a cooperative effort to plan for the future water supply needs of the area. (9) to make recommendations to the Council relative to all of the above-mentioned matters and as to any other matters which the Intergovernmental Water Board may feel to be for the good of the water system, the overall public interest and for the benefit of the consumer. F. Power to Grant Variances (1) Except when prohibited by subsection 2 of this section, upon application, the Intergovernmental Water Board may grant variances from the water system rules and regulations enacted by the City of Tigard when it finds that: a) strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; b) the variance requested has no material adverse effect upon the water system and it is consistent with established policies of the Tigard City Council. (2) The Intergovernmental Water Board may not grant variances relating to annexation of property, fire protection requirements, cross-connection requirements, fees, rates and charges. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 4 (12/23/93 - FINAL) 4 . Division of Original District Assets. A. Pursuant to ORS 222 . 540 (4) , the District agrees that the division of assets after withdrawal from the original District by the Cities shall be consistent with the following concepts: (1) Assets include real, personal and intangible property. "Intangible property" includes but is not limited to: moneys, checks, drafts, deposits, interest, dividends and income. (2) Assets will be divided into two groups: a. System Assets: Assets necessary for the operation of Tigard's water supply system throughout the original District, not including those "other assets" of Tigard. Personal and intangible property are system assets. Water mains, service installations, structures, facilities, improvements or other property necessary for operation of the City of Tigard's water supply system throughout the original District are system assets. b. Other Assets: Assets not necessary for the operation of the City of Tigard's water supply system throughout the original District. Other assets shall become the property of the jurisdiction in which the asset is located. Water mains, service installations, structures, facilities, improvements or other property not necessary for the operation of the City of Tigard's water supply system throughout the original District are other assets. B. All system assets and other assets shall be pledged by the Cities and the District to Tigard. All system assets and other assets shall be managed by Tigard and shall be utilized by Tigard in order to provide water services to properties, residences and businesses in the original District. C. Should one of the Cities or the District terminate its water service agreement with Tigard, the Cities' and the District's proportionate interest in a system asset shall be determined based upon the following formula: Jurisdiction's Proportionate Interest = (A + B + C) /3 A = Jurisdiction's Percentage of Current Consumption in original District B = Jurisdiction' s Percentage of Current Real Market Value in original District INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 5 (12/23/93 - FINAL) C = Jurisdiction's Percentage of Current Meters in original District The Cities' and the District's proportionate interest in a system asset capital improvement shall be based upon the capital improvement's depreciated value. The depreciated value shall be based upon the useful life of the capital improvement under generally accepted accounting principles using a straight line method of depreciation. D. Upon termination of this Agreement, other assets shall become the property of the jurisdiction in which the asset is located. 5. Asset Ownership/Water Rates/Revenues. A. Tigard's Utilization of Assets. (1) The Parties agree that all system assets in which the Parties have an undetermined proportionate interest and all other assets received as a result of the division of assets after withdrawal from the original District by the Cities shall be utilized by Tigard in order to provide water services to properties, residences and businesses in the original District. The District's ownership interest in the assets shall remain though the assets are being utilized by Tigard, unless and until transferred to Tigard by agreement or operation of law. Tigard will maintain and insure the real and personal property assets it utilizes. The Parties agree to execute all documents necessary to allow utilization of the assets by Tigard. (2) Tigard agrees that it will maintain, preserve and keep the assets it utilizes in good repair and working order. Tigard may appropriate from the water fund all moneys necessary to meet this obligation. (3) Tigard shall keep the assets free of all levies, liens and encumbrances except those created by this Agreement or consented to by the governing body of the District in writing. The Parties to this Agreement contemplate that the assets will be used for a governmental or proprietary purpose by Tigard and, therefore, that the assets will be exempt from all property taxes. Nevertheless, if the use, possession or acquisition of the assets are determined to be subject to taxation, Tigard shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the assets. Tigard shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the assets. Where there is shared use of the INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 6 (12/23/93 - FINAL) assets, these costs will be shared in an equitable manner. (4) Tigard shall maintain (i) casualty insurance insuring the assets against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State of Oregon and any other risks reasonably required by District in an amount equal to at least the replacement value of the assets and, (ii) liability insurance that protects District, including its officers and commissioners, from liability arising from Tigard's operation of the water supply system in an amount satisfactory to District and (iii) worker's compensation insurance covering all employees working on, in, near or about the assets as required under the laws of the State of Oregon. Tigard shall furnish to District, certificates evidencing such coverage. All such insurance shall be with insurers that are authorized to issue such insurance in the State of Oregon, shall name District as additional insured and shall contain a provision to the effect that such insurance shall not be canceled or modified materially and adversely to the interest of District without first giving written notice thereof to District at least ten (10) days in advance of such cancellation or modification. All such casualty insurance shall contain a provision making any losses payable to Tigard and District as their respective interests may appear. Tigard may meet any of these requirements through a self-insurance program. Such insurance requirements may be waived in writing by the governing body of the District. (5) To the extent permitted by law, Tigard shall indemnify, protect, hold harmless, save and keep harmless District from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Agreement, the ownership of any asset or any accident in connection with the operation, use, condition, possession, storage or return of any asset resulting in damage to property or injury to or death to any person; provided, however, that Tigard shall not be deemed to be indemnifying District for claims arising from its own conduct. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the termination of this Agreement for any reason. B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in District shall be the same as those charged within Tigard. Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 7 (12/23/93 - FINAL) and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied in both Tigard and the remainder of the original District, except that at the request of the District, Tigard will collect on behalf of the District additional charges imposed by the District on District customers. C. Moneys/Revenues. (1) Moneys and revenues for system capital improvement shall be held by Tigard in a fund dedicated solely for this purpose. (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the District to system capital improvement shall be used solely for system capital improvement by Tigard in accordance with subsection 5.D. (3) Moneys deposited in a reserve fund for revenue bonds of the water system are not a system asset and are not subject to the system asset distribution formula in Section 4 of this Agreement. (4) The Parties agree to develop a methodology for system development charges and to impose and collect such charges in their respective jurisdictions. If any of the Cities or District fail to impose system development charges as contemplated herein, then the other parties may elect to terminate collecting system development charges within their jurisdictions. The Parties agree that Tigard should collect the system development charges imposed by the District until such time as Tigard imposes its own charge. D. Capital Improvements. (1) (a) Capital projects shall be implemented in accord with a long-range capital improvement program supported by sound engineering analysis, in the best interests of water customers within the original District, ignoring city boundaries. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 8 (12/23/93 - FINAL) (b) The capital improvement program must be approved by the governing bodies of one less than the number of jurisdictions holding an ownership interest in the water system. A governing body may not unreasonably withhold consent if the program is supported by sound engineering analysis, is in the best interests of water customers within the original District and consistent with the goal of working together to provide all of the residents and property in the original District with a clean, economical water supply. If a proposed capital improvement program is not approved as provided for in this subsection, then the governing bodies of any two jurisdictions may request mediation under the provisions of ORS Chapter 36 to determine if approval of the program has been unreasonably withheld. (c) Tigard shall prepare and deliver to the District a proposed Capital Improvement Plan no later than June 30, 1994 for consideration by the Cities and the District. The District's Capital Improvement Plan dated June, 1993 , will guide Tigard' s spending on capital projects until a capital improvement program is adopted pursuant to subsection (b) . (2) The capital improvement program shall establish the location of a capital improvement whether within Tigard, King City, Durham or the District and shall distinguish whether a capital improvement qualifies as a system asset or other asset. (3) Capital improvements made subsequent to entering into this Agreement that are determined to be other assets shall become the property of the jurisdiction in which the improvement is located. For capital improvements made subsequent to entering into this Agreement that are determined to be system assets, the Cities and the District each shall have a proportionate interest in such "system asset" capital improvement's depreciated value. The depreciated value shall be based upon the useful life of the capital improvement under generally accepted accounting principles using a straight line method of depreciation. The Cities' and the District's proportionate interest in such "system asset" capital improvement's depreciated value shall be determined based upon the formula in Section 4 .D. of this Agreement. (4) Should one of the Cities or the District terminate its water service agreement with Tigard, such jurisdiction shall have rights to the use of all system assets equal to its Jurisdiction's Proportionate Interest as INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 9 (12/23/93 - FINAL) determined above. Tigard shall be provided reasonable compensation for any use of its water system necessary for the continued reasonable use of a system asset by a jurisdiction. If the asset is not essential to the operation of such jurisdiction's water system, Tigard may terminate such jurisdiction's rights in the system asset capital improvement by payment of a sum equal to the Jurisdiction's Proportionate Interest in the depreciated value of such system asset. (5) The Parties acknowledge that the water system currently serving the original District is an integrated system. To the extent that either Party should terminate this Agreement, the Parties agree to cooperate with each other and to enter into such agreements necessary for the continued reasonable operation of the resulting water systems. E. Long-term water supply contracts shall be entered into in accord with the best interests of water customers within the original District, ignoring city boundaries. Long-term water supply contracts must be approved by the governing bodies of one less than the number of jurisdictions holding an ownership interest in the water system. A governing body may not unreasonably withhold consent to a contract if the contract is supported by sound engineering analysis, is in the best interests of water customers within the original District and consistent with the goal of working together to provide all of the residents and property in the original District with a clean, economical water supply. If a proposed long-term water supply contract is not approved as provided for in this subsection, then the governing bodies of any two jurisdictions may request mediation under the provisions of ORS Chapter 36 to determine if approval of the contract has been unreasonably withheld. F. The District shall receive an annual rebate equal to 1% of the previous year's water sale revenue within the District for District expenses. In addition, Tigard, at the District's request, will appropriate and deliver an amount not to exceed $40, 000 from Tigard's initial (1/94 to 6/94) water fund budget for District operating expenses for the period from January 1, 1994 through June 30, 1995. Tigard will reimburse the District from water system revenues the cost of the District's Division of Assets study undertaken to fulfill the District's obligations pursuant to ORS 222 .540. G. Accounting (1) Water activities will be accounted for in the same manner as other enterprise activities currently under the jurisdiction of Tigard. Expenditures directly linked to INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 10 (12/23/93 - FINAL) water activities will be recorded in the water fund. Applicable indirect charges will be apportioned to the water fund in the same manner as such charges are apportioned to other enterprise funds to properly reflect the costs associated with each activity. Tigard shall use generally accepted accounting principles applicable to utility enterprises for the recording and identifying of all revenues and expenditures made for the water system. The Intergovernmental Water Board shall review such allocation and methodology. (2) The accounting method used by Tigard shall, to the extent possible, document the use of assets by Tigard for non- water system activities. Use of assets by Tigard for non-water activities shall be funded from resources other than the water fund. H. The Parties to this Agreement shall not have the right to transfer ownership of or remove system assets or any interest therein received or kept as a result of the Cities' withdrawal from the original District or any interest in system assets acquired during the term of this Agreement without written consent of the other Party. Neither the benefits received by the District nor the obligations incurred under the terms of this Agreement are assignable or in any manner transferrable by the District without the written consent of the City. I. No part of this Agreement shall be interpreted as a waiver of either Party' s statutory rights upon annexation of territory. 6. Indebtedness. A. Each of the Parties shall be liable for their respective share of the debt, if any, acquired or retained as a result of the Cities ' withdrawal from the original District. B. Tigard may incur, without the consent of the District, debt relating to the water supply system, provided payment of the debt is fee, rate or charge based. If the debt is to be paid for by means other than fees, rates or charges, Tigard must have approval and consent of the governing body of the District in writing prior to incurring such debt. The District shall be liable for its proportionate share of any debt for which it has given its written approval and consent. C. Tigard is authorized to perform the function and activity of incurring water revenue bond indebtedness for the water system by authorizing the issuance of water revenue bonds pursuant to ORS 288.805 to 288. 945, as amended, for the financing of water system capital improvements. Such debt may be secured by a pledge of INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 11 (12/23/93 - FINAL) water system revenues, appropriate rate covenants, and mortgaging of water system assets. Tigard may not mortgage water system assets without first receiving the written consent of the Cities' and District's governing bodies. D. If this Agreement is terminated by either Party and indebtedness remains under Section 6.A. or has been incurred and approved by the District in manner described in Section 6.B. , District shall either: 1. Pay in full, within 60 days of the effective date of termination, its proportionate share of the indebtedness; or 2. Pay annually its proportionate share of the indebtedness as payment is due. 7. Services Provided By Tigard. A. Tigard will provide water to properties and customers in all jurisdictions equally. If circumstances require water restrictions, each jurisdiction shall share equally. The District may not sell water provided through this Agreement to a third party without the prior written consent of Tigard. B. Tigard will provide equally and in a manner consistent with the terms of this Agreement all services required for delivery of potable domestic water to properties and customers within the cities of King City and Durham as well as the territory of the District, including but not limited to system repair and maintenance, water distribution, new installations, system upgrades, and billing functions. Tigard is under no obligation to provide such water services to areas annexed to the District subsequent to this Agreement. C. District agrees that Tigard is empowered to use any right of condemnation possessed by the District that is necessary to provide water services consistent with the terms of this Agreement, and will take any action necessary for Tigard to exercise that right on the request of Tigard. D. To the extent that such agreements or contracts are transferrable, the District agrees to take the necessary action to transfer its water supply agreements or contracts with the City of Portland and the City of Lake Oswego to Tigard in order to facilitate the provision of water services consistent with the terms of this Agreement. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 12 (12/23/93 - FINAL) E. The District may use the former Tigard Water District office building for meetings of the District Board and for receipt of the Board 's correspondence. To the extent that Tigard charges other governmental entities for use of the building, the District agrees to compensate Tigard a reasonable amount for use of the building. F. Tigard agrees to assist the District in preparation of budgets, organization and noticing of meetings and other administrative duties at the request of the District. The District agrees to compensate Tigard a reasonable amount for such assistance. 8 . Rules and Regulations. A. The Rules, Rates and Regulations for Water Service Handbook, (November, 1992) , adopted by the Board of Commissioners Tigard Water District is attached hereto as Exhibit "A" and shall be deemed a part of this Agreement. B. The Tigard City Council may modify, alter or repeal the rules, rates and regulations in Exhibit "A. " Rules and regulations will be modified, altered or repealed only after the Intergovernmental Water Board has had the opportunity to study the proposed rules and regulations. The Intergovernmental Water Board is empowered to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations. The Parties agree to comply with the rules and regulations currently in effect and as hereafter adopted by the Tigard City Council, and water service to the District shall be governed thereby. 9. Extension of Service. A. Extension or modification of District's water distribution system shall be done only with prior written approval of District. Furthermore, Tigard will not make any extensions or service connections within King City' s or Durham's Urban Growth Boundary without permission from the King City or Durham City Council. B. For the unincorporated area within the District, it is the governing body of the District which, subject to the rules and regulations specified in Section 8, has the authority to allow connections to the water supply system. C. Residents located within the District shall not be responsible for any expenses associated with efforts of the City of Tigard to withdraw from the Tualatin Valley Water District to reach the goal of having a single water purveyor for the City. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 13 (12/23/93 - FINAL) 10. Employee Benefits/Personnel. All employees of the Southeast Washington County Joint Water Agency shall become employees of the City. The City shall accept such employees with all existing benefits and salary, including, but not limited to, health, retirement, disability insurance, wages, vacation and compensatory time. Nothing in this subsection is intended to limit the City's authority to alter benefits or salary except as such authority is otherwise limited by this Agreement or by the provisions of ORS 236.605 to 236.650. 11. Annual Meeting. The governing bodies of the Parties to this Agreement shall meet annually with the Intergovernmental Water Board to discuss and consider issues related to this Agreement. The Intergovernmental Water Board and the Tigard Water Department shall issue an annual report on its activities to the Parties at this meeting. 12. Attorneys Fees. In the event any suit, action or other proceeding is brought with regard to this Agreement, or to enforce any of the provisions hereof, the prevailing party in any such suit, action or other proceeding, or any appeal therefrom, shall be entitled to reasonable attorneys fees. Attorney fees which are awarded pursuant to this Section may not be paid from the fees, rates and charges collected by Tigard for water services. 13 . Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 14. Ratification of this Agreement. Prior to the effective date of this Agreement, each Party shall enact a resolution ratifying the Agreement. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 15. Amendments. Any amendment to this Agreement must be approved by the governing bodies of the District and Tigard. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 14 (12/23/93 - FINAL) 16. Effective Date. This Agreement shall be effective January 1, 1994 . CITY OF' TTGAI�D, OREGON Attest: By: TIGARD WATER DISTRICT, OREGON 1 Attest: By: dgard\dgardWDAga(12/23/93 - final) 1 INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 15 (12/23/93 - FINAL) EXHIBIT "A.. . r �+ .. - ,3g* RULES, ,• ,`':� 1": RATES, REGULATIONS p For Water Service __ 1992 November, ` r ''1LJkti• Js ., Adopted by the BOARD OF COMMISSIONERS TIGARD WATER DISTRICT s.r.;,f-� Phone 503/639-1554 TIGARD WATER DISTRICT 8777 SW Burnham PO BOX 230000 NOVEMBER 7992 . Tigard, OR 97223 Tigard, OR 97281-1999 "tt�; r � \ .. - _ • _`'`r'S t 7 _ d ter{. TIGARD TO THE PATRONS OF WATER DISTRICT TIGARD WATER DISTRICT BOARD OF COMMISSIONERS :... This Water District is a municipal corporation, incorporated under the laws of the State of Position Term Oregon, and its operations are governed by law. It No.. Expires is governed by a Board of Commissioners, duly. June 30 elected by the qualified voters of the District: . Robert Wyffels,'Chair ' `' 1993 Audrey Castile, Secretary 5 1995 The water supply and distribution system is the Clarence Nicoli,.Treasurer_....4-. 1§95 property of the people of the District. Jon Kvistad ,..1 1993 John T. Haunsperger 2 1993 The Commissioners ask the cooperation of all patrons to insure observance of rules, protection of the system; and prompt payment of water bills. Administrative Director Notify the District immediately of any condition, Jeri L. Chenelle needing correction. :. ..';; f" Superintendent. � � The Board of Commissioners'meets regularly on ` Randy J. Volk the second Tuesday of each month at 7:30 p.m. at iLthe District office. '{ r 00 79, r^y, 3 ;• RULES, RATES, AND REGULATIONS charges for these are shown in Appendix 1. The of the' size of meter shall be determined by management. TIGARD WATER DISTRICT District shall prescribe the number of buildings to be served from one meter and such determination ' shall be final. No user shall furnish water to any . The Board of Commissioners has adopted the family, business, institution, or premises other than • following rules,' rates, and regulations for service those occupied by that user; provided, however, in the Tigard Water District. that the Board may permit a user to supply others through user's service connection, in which event Section 1. Application for Service. No service such user will be charged an additional monthly- will be supplied or water furnished to any premises minimum for each additional user so supplied. except upon the written application of the legal Such permit may be revoked and separate service owner of the premises, or his duly authorized connections required at any time. agent, upon the printed forms of the District. Such owner shall be responsible for all charges for Section 5. Furnishing Water. The District shall service to said premises, whether supplied to not be obligated to furnish and install, at its 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. Water will be furnished necessary primary feeder mains, storage facilities for ordinary domestic, business and community and other improvements necessary to make water purposes, and fire protection, only. No water will service generally available to all areas within the be furnished for the direct operation of steam District. Extensions to furnish water to areas not boilers, machinery or golf courses, except on an now served by the District will be made at the interruptible basis, and the District will assume no expense of those persons requesting service. . responsibility therein. Such extensions will be made by the District or by - those expressly authorized by the District. All Section 3. Service Size. A standard service applications for line extensions to provide new connection, with 5/8" x 3/4" meter, will be service are subject to review by the Board of - installed from the main to the street curb or Commissioners. Consideration will be given to the property line. (See charges in Appendix I.) The District's ability to serve and to eligibility for " 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 Section 6. Private Service Pipes. All pipes from Plumbing should be of high test and first class; ` the'meter to the premises must be installed in and where pressures may become high, on 5/8" x- accordance with good engineering practice, and 314" and 1" meters, a pressure regulator may be l- • 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 .l 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 customer's side of the water Water Supplies or Systems. Neither cross meter resulting in an unusually high water bill, connections nor physical connections of any kind customers can apply for a credit to their water bill shall be made to any other water supply, whether equal to 1/2 the cost of the leak (above the private or public, without the written consent and normal bill), up to a maximum of$150. Customers approval of the Board of Commissioners, and the must apply for credit in writing, to the Water written approval of the Oregon State Board of District, and forward proof of the leak being fixed Health. (Included in this category are all pipe lines, in a timely manner. appurtenances and facilities of the District system 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 ances, etc., of other systems whether located which water is served, except the pipes beyond within or on public or private property, or the the meter, are the property of the District, and premises of a water user.) under its exclusive control. No person other than = -- the Administrator or authorized person shall install The Districts 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 i� water or the system. the premises of users for physical connections :I with other water supplies. Any such connection Section 9. Waste--Plumbing—inspection. shall be removed by the customer within ten days Water will not be furnished to premises where it is after written notice to remove is given by the allowed to run or waste to prevent freezing, or District. If not removed within the time specified, i through defective plumbing, or otherwise. the District may remove or discontinue any `6 7 pollution due to cross connections. . connection which it may have for servicing the bon or p property. Water service to any premises shall be contingent f upon the customer providing cross connection Section 11. Cross Connection Control control in a manner approved by Tigard Water Program. Be it resolved that the Board of District. Backflow devices required to be installed Commissioners, Tigard Water District, hereby shall be a model approved by the Oregon State • adopts a cross connection control program as Health Division. described below, effective May 13,1986: Authorized employees of Tigard Water District with The purpose of this resolution is to protect the proper identification shall have free access at 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 i; backflow devices are tested annually. tgrminated to any premise for failure to allow necessary inspections. i The installation or maintenance of any cross I, connection which would endanger the water ADOPTED by the Board of Commissioners, Tigard supply of Tigard Water District is prohibited. Any Water District, on May 13,1986. +' such cross connection now existing or hereafter yinstalled is hereby declared unlawful and shall be These requirements must be strictly observed as a In 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. The control or elimination of cross connections Section 12. Reading—Billing. Meters will be read shall be in accordance with the regulations of on or about the 20th day of each month for the Oregon State Health Division. The policies, preceding two months. Fifteen days or less will be procedures, and criteria for determining appropri- billed as a half-month. Over 45 days will be billed ate levels of protection shall be in accordance with as two full months. the Accepted Procedure and Practice in Cross Connection Control Manual, Amer. Water Works Section 13. Payment—Delinquency. All bills are i Association, Pacific Northwest Section, current due on the 12th day of the calendar month edition (OR Admin. Rules, Ch. 333-61.070). following billing. The amount due must be paid to an authorized agent of the District. Unpaid bills It shall be the objective of Tigard Water District to become delinquent after the 12th of the month. protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is • ,. .y •fy�rngVy,* �� A�,,.ri.•:«.-%... w t....•..i...w.. ... ..... I .. � .. .. .. .. ..... ..�.. .._ .. 1F •�� C:3'1'4 =i' ��.°`�"Y•� t_, t a .'! . TIGARD WATER DISTRICT _ Fill- .:. _ <c ice./•. t: .�• .. .� —•. .•.. ` ^, a. ,,fps�•,::►�'r•-,•--`. '• .. .. . •� r. $! 9 violated, the water will be shut off and service Section 18. Main Extensions, designed and disconnected until payment is received in full, and { installed by the District. All extensions of mains. compliance with all rules is made. and laterals of the District, and installed by the Ii District, shall be paid for by the person or their Section 14. Water Rates. See Appendix 11. assigns who desire such extensions, at cost plus Charge for turning off*and on when water service 10% for overhead and supervision, and 8% for 11 is discontinued for non-payment of bill: $5.00 for engineering. The estimated cost thereof, together the first two times; $10.00 thereafter. with such 18%, shall be deposited with the District �j when application for such main extensions is : 'I Section 15. Discontinuance of Service for 30 made. days or more will be made upon written applica tion, without charge, provided all bills are paid. Designed by others, installed by the District. ii When design or supervision of installation of j Section 16. Interrupted Service—Changes in improvements is performed by licensed engineers, j Pressure. The water may be shut off at any time subject to approval by the Water District,and I, for repairs or other necessary work with or without installed by the District, a fee shall be paid of 10% notice. Conditions may cause a variation of the for administration, inspections, water loss, pressure. The District will not be responsible for sampling, etc., and 2% for engineering review. �I 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. �i back flow of hot water or steam. Designed and installed by others.When�design, Section 17. Service Connection Maintenance. or improvements isP . su 'ervision of installation of im r P 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 ii expense to the users. Each user is required to use approval by the District, a fee of 12% of construe- reasonable care and diligence to protect the water tion costs shall be imposed for development th meter and meter box from loss or damage by charges. freezing, hot water, traffic hazards, and other causes, in default of which, such user shall pay to Size of such extensions, type of pipe, location, the Water District the full amount of the resulting gate valves, fixtures, fire hydrants and other damage. fittings shall be under District specifications and subject to District approval, and such mains shall j be laid from the end of the existing main to the far end of the property to be served. No'lines or j and approved by District personnel to ensure laterals shall be laid until the estimated cost compliance with plans and specifications. i► thereof, as hereinabove set forth, shall have been Back-filling of trenches prior to District approval is i! deposited with the District. All such extensions of unauthorized. mains and laterals, and installation of fire hydrants shall be the sole property of the District, without If water main extension is necessary to serve an fl 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 dwelling will pay extension of main will be permitted, accepted'or the cost of a 6" installation across the front of their served by the District unless such line be at least a property, plus the cost of the meter. 6-inch diameter pipe. Short extensions, such as cul-de-sacs, can be of smaller diameter upon Applicant(s) will agree to be bound by and comply approval of the Districtwith the District's main extension policy and rules and regulations and any subsequent revisions or When a person is required to pay the cost of amendments to same which may be made from ! extending a water main adjacent to property other time to time. I than that person's own so that water service for domestic use is provided for such other property Section 19. Limitation on the use of water as to without further-extension of the water main, the hours, purpose, or manner, may be prescribed District shall require the owner of the other from time to time by the Board. property, prior to providing water service to that property, to refund to the person required to pay Section 20. Temporary or Transient Service. the cost of extending the water main, a pro rata Temporary or transient service for construction ..II portion of the cost of extension. The right to' ( work will be rendered upon deposit in advance of require such refund shall not continue for more connection charge and one month's estimated than 10 water bill, and payment on the first of each month ears after the date of installation of the Y f i extension of the water main. The amount to be of all 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 value, less the cost of removal and all charges Each construction contractor shall be approved by due. No temporary service shall be installed for competent District authority prior to installing pipe any residence or building where a permanent lines; pumps, etc. Those installations made by service connection may later be installed. private contractors will be thoroughly inspected i 12 Section 21. Construction Water. Water used via Section 26 -Amendments Special Ruies� a permanent meter installation for construction Contracts. The Board may at any time amend, purposes will be billed at the one month's rate change or modify any rule. rate.or charge, or make (See Appendix II) at completion of construction, any special rule, rate or contract, and all water. �f but not to exceed a period of 6 months, unless service is subject to such power. authorized by the District. Section 27. Grievances. Any unresolved J Section 22. Meter Out-of-Order—Test. If a meter grievances as to service or complaint shall be reported and will be considered by the Board at E shall fail to measure accurately, the bill shall be the next regular monthly meeting. - i the average for the same periods in prior years. Tests will be made periodically without charge to Section 28. The Administrator and Employees the user. A user may demand a test upon payment are not authorized to make any changes in these of a $5.00 charge for such test. If the meter reads rules, rates, or regulations. 5% or more over, such charge shall be.rebated to , the user. j Section 23. Fire Hydrants. Fire hydrants will be Approved November 28,1972 installed by the Water District upon receipt of Revised November, 1992, payment in advance of the estimated cost of the BOARD OF COMMISSIONERS hydrant, fittings, and installation, plus 10% for I overhead. I4 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 _ i shown in Appendix 11 plus $25.00/month for i 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 connection to a fire hydrant or meter without proper authority is a $100 fine. ._,. " APPENDIX_ l—Meter Inslallation Charges :.. APPENDIX II—Water Rates Copper Service, including P-R Valve Monthly Minimum* Out of District 1 if required, Connection Fee Meter Size (400 cubic feet) (Additional) Size of Meter Charge Schedule 5/8"x3/4" $ 6.50 $ 2.50 ,.. System 4. 1" 10.50 4.00 Development installation Total 1 1/2" 16.50 6.00 Meter Size Charge Fees Charges t? 2" 33.50 10.00 3" 61 .50 15.00 j 5/8"x3/4" $ 845. + $250 = $ 1095 F: . 4"' 103.50 19.00 I 1". 1690 + 350 = 2040 6" 144.50 28.00 1 1/2" 4225 + 715 = 4940 8" 201 .00 38.00 2" 6760 + 945 = 7705 Rate over 400 cubic feet: $1 .20 per 100 cubic feet. 3" 13,520 + cost plus 10% 4" 21 ,125 + cost plus 10% Fire Rates (Sprinklers) will be based on the size of 6" 42,250 + cost plus 10% F. the service going into the building or vault: 8" 67,600 + cost plus 10% $15 a mo.— 6" & smaller 10" 97,175 + cost plus 10% $20 a mo.— 8" & larger Bull Mountain Meter Rates Booster Pumps: For areas served by District 5!8"x3/4" $1000 $250 – $1250 '' owned and operated booster pumps, either to '"` storage or direct to the system, an additional ' 1" 2000 + 350 = 2350I`` 1 1!2" 5000 + 715 = 5715 ` minimum of $1.50 per month per meter (regard- . 2" 8000 + 945 = 8545 less of meter size) shall be made. This charge is 3" 16,000 + cost plus 10% not applicable to the booster pumps located at SW 4" 25,000 + cost plus 10% 72nd and Hunziker Road and SW Bonita Road 6" 50,000 + cost plus 10% near 1-5. _. 8" 80,000 + cost plus 10% 10" 115,000 + cost plus 100% Fre Service Connection: • Note: Billing is bi-monthly so amounts above Fee $1,250 per Fire Service Tap + 12% Fee should be multiplied by 2 to compute bill for each based on Construction Costs. period. y ATTENTION i Corrections to Rules. Rates and Regulations.January 1993. These changes to the Rules, Rates and Regulations for Water Service occurred after printing. Please insert the following in the appropriate places.Wording changes within paragraphs are underlined. We apologize for any problems this may have caused. Section 4. Separate Connection.(Add the entire section.) A separate service connection will be required for each dwelling, apartment or motel, place of business,and institution. All outlying buildings and premises used as a part of such dwelling place or business or institution may be served from such connection, as well as all buildings on such premises operated under the one management.District shall prescribe the number of buildings to be served from one meter and such determination shall be final.No user shall furnish water to any family,business, institution or premises other than those occupied by that user, provided, however, that the Board may permit a user to supply others through users'service connection in which event such user will be charged an additional monthly minimum for each additional user so supplied.Such permit may be revoked and separate service connections required at any time. Section 9: (Change second sentence to read) ' . . . Plumbing should be of high test and first class and in conformance with the at)12rriate code of f the furisdiction issuing the buildingl2ermit, and where pressures may become high,on 5/8"x314"and 1"meters, a pressure regulator maybe installed at the meter by the District to control varying pressures. . . Section 12: Reading--Billing. (Eliminate the entire section.) Section 18: (Add sentence at the beginning of the last paragraph in Section 18.) The developer or owner requesting the .pnstruction oroiect shall be liable for any added cost due to design difficulties. Section 22: (Delete $5.00.) (Add) ". . .•.4 user may demand a test upon payment of a$25.00 charge for such test. . . " 04/25/2061 11: 43 5635822443 HOUSTONS PAGE 02 LEASE AGREEMENT This lease is made and executed on 1979 , by and between TIGARD WATER DISTRICT, of 8841 S. W. Commercial Street, Tigard, Oregon 97223, telephone number 503-639-1554, here- inafter called "Lessor" , TIGARD AREA HISTORICAL AND PRESERVATION ASSOCIATION, of 2042 S. W. Custer Street, Portland, , Oregon 97219, hereinafter called "Lessee" , and OREGON HISTORICAL SOCIJM, of 1230 S. W. Park Avenue, Portland,"Ozegon 97205, telephone number 503-222-1741, hereinafter called "Guarantor" ; and WHEREAS , Lessee wishes to lease from Lessor the demised premises, hereinafter described, for the purpose of locating and restoring the John Tigard House thereon and holding the same open to the public as a historic home; and WHEREAS, Lessor wishes to lease the same to Lessee for the above stated purpose and for no other purpose; and WHEREAS , Guarantor, in a mutual effort with Lessee, wishes to preserve and protect the John Tigard House for the en- joyment of future generations and to induce Lessor to lease the demised premises to Lessee; NOW, THEREFORE , in consideration of the covenants and considerations herein contained, it is hereby agreed; I Lessor leases to Lessee and Lessee hires from Lessor, for the purpose of locating and restoring the John Tigard House and holding the same open to the public as a historic home , and for no other purpose, that certain premises with appurtenances , situated in the City of Tigard, County of Washington, State of Oregon, and more particularly described in the schedule attached hereto, marked "Exhibit A" , (hereinafter referred to as the "demised premises") and by this reference made a part hereof. II The initial term of this lease shall be for one year, commencing on the date hereof, subject to renewal as hereinafter provided. ZII I The total rent per year shall be $1. 00 , which Lessee shail pay to Lessor, without deduction or offset, at Lessor's address set forth above. n _ r*`T rr Trr�nTTtf�TYm II 114/2b/2001 11:43 5035822443 HOUSTONS PAGE 03 I I I. IV Lessor covenants that Lessor owns the demised premises I in fee simple and has full right to make this lease and that Lessee shall have quiet and peaceful possession of the demised premises during the term hereof. V Lessee shall not use or permit the demised premises, or any part thereof, to be used for any purpose or purposes. oth- er than the purpose or purposes 'for which the demised premises are hereby leased. V1 During the term of this lease, Lessee shall comply with all applicable laws affecting the demised premises and the John Tigard House, the breach of which might result in any penalty on Lessor or forfeiture of Lessor's title to the demised premises . Lessee shall not commit, or suffer to be committed, any waste on the demised premises , or any nuisance. I V11 Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the demised premises and the John Tigard House at all reasonable times for the purpose of in- specting the same, or for the purpose of posting notices of non- responsibility for alterations, additions or repairs, without any rebate of rent and without any liability to Lessee for any loss of occupancy or quiet enjoyment of the demised premises thereby occasioned. VIII Lessee may encumber by mortgage or deed of trust, or other proper instrument, its leasehold interest and estate in the demised premises together with all buildings and improvements placed by Lessee thereon, as security for any indebtedness of Lessee. If Lessee shall encumber its leasehold interest and es- tate in the demised premises and if Lessee or the holder of the indebtedness secured by such encumbrance shall give notice to Lessor of the existence thereof and the address of such holder, then Lessor will mail or deliver to such holder, at such address , a duplicate copy of all notices in writing which Lessor may, from time to time, gave to or serve on Lessee under and pursuant to the terms and provisions hereof. IX Because this lease is personal, between Lessee and Les- sor, Lessee may not sublet the demised premises in whole or in b,4/25/20e1 11:43 5035822443 HOUSTONS PAGE 04 part without Lessor's prior written consent, but the making of any such sublease shall not release Lessee or Guarantor from, or otherwise affect in any manner, any of Lessee's or Guarantor's obligations hereunder. Lessee shall not assign or transfer this lease, or any interest herein, without the prior written consent of Lessor, and a consent to an assignment shall not be. deemed to be a consent to any sub9equent assignment, Any such assignment without such consent shall be void, and shall, at the option of Lessor, terminate this lease. The damage, destruction, or partial destruction of any building or other improvement which is a part or to become a part of the demised premises shall not release Lessee from any obliga- tion hereunder and, in the case of damage to or destruction of any such building or improvement, at its option Lessee shall , at its own expense, promptly repair and restore the same to a condi- tion as good or better than that which existed prior to such dam- age or destruction, or alternatively, terminate the lease. X Lessee shall ,keep the demised premises and all build- ings and other -improvements at any time located thereon, free and clear of any and all mechanic's, materialman's , and other liens , for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Lessee, any altera- tion, improvement, or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the premises, or any ob- ligations of any kind incurred by Lessee, and that at all times promptly and fully to pay and dischaxge any and all claims on which any such lien may or could be based, and to indemnify Les- sor and all of the demised premises and all buildings and improve- ments thereon against all such liens and claims of liens and suits or for other proceedings pertaining thereto. XI. Lessor shall not be liable for any loss, injury , death , or damage to persons or property which at any time may be suf- fered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the demised premises or the John Tigard House, whether such loss , injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or any occupant, subtenant, visitor, or uses' of any portion of the demised prem- ises or the John Tigard House, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind from the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liabilities , loss or damage whatsoever, on account of any such loss, injury, �i UaRo � _ r.��cfi nr_uFFrtr..U^ -- 04/25/2001 11: 43 5035822443 HDUSTONS PAGE 05 death or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now or here- after placed or built on the demised premises and to the property of Lessee in, on or about the demised premises or the John Tigard Rouse, and for injuries to persons or property in or about, the de- mised premises or the John Tigard House, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death or damage arising by reason of the negligence .or misconduct of Lessor, its agents or employees. . X11 If any action at law or in equity shall be brought to recover any rent under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this lease, or for the recovery of the possession of the demised premises, the prevailing party shall be entitled to recover from the other party as part of the pre- vailing party 's costs reasonable attorneys' fees , the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XIII Lessor grants to Lessee, subject to the conditions set forth below, the right and option to renew this lease indefinite- ly for additional terms of one year each at the same rental as i provided above and otherwise subject to and on all of the terms and conditions herein contained; provided, however, that Lessor may terminate this renewal option at any time upon one year's written notice. As each such option may be exercised, Guaran- tor's obligations herein contained likewise continues . XIV Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts , at the times , and in the manner herein provided, and shall keep and perform all of the terms and conditions hereof on its part to be kept and per- formed and, at the expiration or sooner termination of this lease , peaceably and quietly surrender to Lessor the demised premises in a condition as good as or better than that which existed prior to this lease. XV Lessee shall maintain in effect through the term of this lease personal injury liability insurance covering the de- mised premises and the John Tigard House and its appurtenances and the sidewalks fronting thereon in the amount of $300 ,000 per injury to or death of any one person, and $300 ,000 for injury to or death of any number of persons in one occurrence, and property 04/25/2001 11:43 5035822443 HOUSTONS PAGE 06 damage liability insurance in the amount of $300 ,000. Such insur- ance shall insure both Lessor and Lessee. XV1 In the event of any breach of this lease by Lessee which is not remedied within 30 days after notice thereof is giv- en by Lessor to Lessee, Lessor may terminate this lease and shall have the immediate right Qf re--entry and may remove all persons ' and property from the demised premises; such property may be re- moved at the cost of, and for the account of, Lessee. i XVII In addition to Lessee's duties, obligations and respon- sibilities hereinbefore described, Lessee, at its sole expense, shall be responsible for obtaining a conditional use permit from the City of Tigard, County of Washington, State of Oregon, pursu- ant to the City's letter to Lessee dated March 12, 1979 , a copy of which is attached hereto and marked "Exhibit B" , and by this reference made a part hereof. XVIII The John Tigard House to be located on the demised prem- ises shall be and remain the property of Lessee. - At the expira- tion or sooner termination of this lease, Lessee shall remove the John Tigard House from the demised premises. XIX Guarantor hereby makes the guarantees set forth in that certain letter from Guarantor to Lessor and dated February 9 , 1979 , a copy of which is attached hereto, marked "Exhibit C" , and by this reference made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this lease in triplicate on the /LAth day of 1979 . l TIGARD WATER DISTRICT I By TIGARD AREA HISTORICAL AND PRESERVATION ASSOCIATION 0 57 By I OREGON ORZCAL SOCI Paae 5 - LEASE ACRRR?AFNT Q4/25/2001 11: 43 5035822443 HOUSTONS PAGE 07 TIGARD WATER DISTRICT 994, ,.. w. r-cmmrnr,.t s7. TIGARD, QREODN 97723 PHONE (S03) 639-1554 LEGAL DESCRIPTION 'Site far .John Tigard house Beginning at a point 25 feet south and 25 feet west of the Northeast corner of Lot 5, TIGARDVILLE HEIGHTS , a plat of record in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence south 100 feet; thence west 136 feet to the east I line of that parcel of land described i-ri Book 529, Page 452, Deed Records of Washington County; thence North 010 19' East, along said east line, 100 feet to the south. boundary line of S. W. Canterbury Lane; thence North 890 33 ' East, along said south boundary line of S. W. Canterbury Lane, 136 feet to the point of beginning= containing 0. 31 acres. I PflO��s�o � eFRr � SPS Exhibit "A" 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 0 • 1 CITY OR TIGARD P.O. Box 73397 12420 S.W. Main Tigard, Oregon 97223 March 12, 1979 Tigard Area Historical s preservation Association 2042 S-W. Custer Street Portland, Oregon 9721:9 Re: CU 5-79 - John Tigard Home To Whoa It May Concern: Please be advised that the Tigard Planning Commission at their regular meeting of March 6, 1979, approved your request for a conditional use permit for the above referenced project_ This approval is subject to the following conditions: 1. That the -approval of the conditional use be subject to the approval of the minor land partition if found to be applicable by the applicant's and land owner's attorneys. 2. That this be resolved between staff and the applicant so far as appropriate number of accesses--whatever is reasonably possible in view of the special nature of the building, 3. That half street improvements be made along S.W. Canterbury Lane to City local street standards prior to final building inspection. 4. That five feet of right-of-way be dedicated 'with half street improvements to City standards along S.W. 103rd prior to final building inspection. 5. That all utilities be subsurface and street lights provided. 6. Utilities be installed prior to final building inspection. 7. That the fire marshall approve site and building prior to final building inspection. 8. That construction and drainage and sewage drainage plans be sub- mitted and approved by the city's building and engineering departments with necessary bonds prior to final building inspection. Exhibit "B" 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 09_ JOHN TIGARD HOME CU 5-79 March 12, 1979 Page 2 9. That landscaping plan and emplacement be approved prior to final building inspection. The conditional use permit shall expire in one year from the date of .approval, if the use has not begun and continual progress towards its full operation is not in evidence. If we can be of any further assistance, please do not hesitate to contact this office at 639-4171. Sincerely, . X�u S-C'4�,- r,en selby Associate City Planner r,s..db cc: Bob Santee Tigard Water District 'I Note: The following acknowledgement must be received by the City of Tigard within fourteen (14) days of your receipt of this letter. Failure to return this acknowledgement may result in action by the City of Tigard. II I hereby acknowledge this letter documenting the action of the Tigard Planning Commission. I have received and read this letter, and I agree to the decision here documented and to abide by any terms and/or conditions attached. - Signature (applicant) Date Signature (owner) Date 14/25/2001 11: 43 5035822443 HOUSTONS PAGE 10 Oregon Historical Society 1230 S.W. Park Avenue • Portland, Oregon 97205 •(503) 222-1741 • Cable: Historo THOMAS VAUGHAN Executive Director Editordn-Chief Oregon Hisloricul Quarterly 'I February 9, 1979 it Tigard Water District li Tigard, Oregon 97223 Gentlemen: Please be advised by this letter that the Oregon Historical Society will undertake to act as guarantor in the matter of the John Tigard House project undertaken by the Tigard Area Historical and Preservation Association and subject to the approval of the State Historic Preservation i Office of Oregon. By acting as guarantor the Oregon Historical Society accepts the responsibility of the ultimate disposition of the John Tigard House should the Tigard Area Historical and Preservation Society be dissolved or be otherwise unable to perform its stated function with regard to the John Tigard House. The assumption of this responsiblity protects the Tigard Water District from liability for the project in any way including upkeep of the property. The Society will oversee return of the property to the Tigard Water District should he project be concluded. Sin ely, j�Z/�ag Executive Director With which are now incorporated The Battleship Oregon Museum,orogon Geosruphic Names Board, Oregon Landmarks Cummittee,Oregon Lewis and Clark Trail Heritugu Foundation committee, North Pacific(Irkutsk)Archival Research Group Rxhi},it r Agenda Item No.: IWB Meeting Date: 41 MEMORANDUM ARD TO: Intergovernmental Water Board Commissioners FROM: Greer Gaston, Executive Assistant to Public Works Gj RE: Term Expirations for Commissioners Woodruff and Winn DATE: October 31, 2006 Commissioner Woodruff represents the City of Tigard and Commissioner Winn represents the City of King City on the Intergovernmental Water Board. Their current terms expire in December 2006. The City of Tigard and the City of King City need to inform the IWB who their representatives will be for the next two-year term beginning in January 2007 and going through December 2008. c: Jane Turner, City Manager, King City Craig Prosser, City Manager, Tigard Intergovernmental Water Board Serving Tigard, King City, Durham and Unincorporated Area MEETING NOTICE Wednesday, November 8 , 2006 5 : 3 0 p. m. )010 Note Location Change to: City of Tigard Town Hall 13125 SW Hall Blvd Tigard, Oregon 97223 City of Tigard P 13125 SW Hall Blvd. 0 al Tigard, OR 97223 Phone: 503-639-4171 TIGARD FAX TRANSMITTAL Date November 6, 2006 Number of pages including cover sheet 3 To: f�The City of King City (Fax No. 503-639-3771) AThe City of Durham (Fax No. 503-598-8595) From: Greer Gaston Co: City of Tigard Fax #: 503.684.8840 Ph #: 503.718.2592 SUBJECT: REVISED Intergovernmental Water Board Meeting Notice and Agenda MESSAGE: Please post the REVISED notice and agenda for the upcoming meeting of the Intergovernmental Water Board. Please note,the meeting location has been changed to: City of Tigard Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223. Thank you. 1AENGWAX.D0T Intergovernmental Water Board Serving Tigard, King City, Durham and Uninco purated Area MEETING NOTICE Wednesday, November 8 , 2006 5 : 3 0 p . m. Note Location Change to: City of Tigard Town Hall 13125 SW Hall Blvd Tigard, Oregon 97223 Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area REVISED AGENDA Wednesday, November 8, 2006 City of Tigard Town Hall 5:30 p.m. 13125 SW Hall Blvd. Tigard, OR 97223 1. Call to Order, Roll Cali and Introductions Call the meeting to order, staff to take roll call. 2. Public Comments Call for any comments from the public. 3. Approval of Minutes — September 13, 2006 Motion from Board for minute approval. 4. Discussion of Transferring Surplus Canterbury Property to the City of Tigard for a Neighborhood Park- Dennis Koellermeier(15 minutes) 5. Update on the Water Building Remodel- Dennis Koellermeier(10 minutes) 6. Update on the Annexation/Bull Mountain incorporation Legal Challenge- Dennis Koellermeier(5 minutes) 7. Discussion of Term Expiration for Commissioners Woodruff and Winn - Dennis Koellermeier(5 minutes) 8. Informational Items - Dennis Koellermeier 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meetings - November 14, 2006, 6 p.m. - Lake Oswego City Hall - December 13, 2006, 5:30 p.m. - Water Auditorium 11. Adjournment-Approximate Time 7:00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner LoC for City of TiCard PW 5036848840 11 /6/2006 3 : 40PM Last Transaction Date Time Type Identification Duration Pages Result 11 /06 03: 39p Fax Sent 5035988595 1 : 07 3 OK hp office jet 4200 series 4215 Personal Printer/Fax/Copier/Scanner ,LoC for City of Tigard PW 5036848840 11 /6/2006 3: 38PM Last Transaction Date Time Type Identification Duration Pases Result 11/06 03: 37p Fax Sent 5036393771 1 : 08 3 OK City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 TIGARD FAX TRANSMITTAL Date October 31, 2006 Number of pages including cover sheet 3 To: XThe City of King City (Fax No. 503-639-3771) P(The City of Durham (Fax No. 503-598-8595) From: Greer Gaston Co: City of Tigard Fax #: 503.684.8840 Ph #: 503.718.2592 SUBJECT: Intergovernmental Water Board Meeting Notice and Agenda MESSAGE: Please post the attached notice and agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. I:\EIG\fAX.DOT Intergovernmental Water Board Serving Tigard IG'ng City, Durbum and UnincorporateAArea MEETING NOTICE Wednesday, November 8, 2006 5 :30 p.m. City of Tigard Water Auditorium 8777 SW Burnham Tigard, Oregon 97223 Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, November 8, 2006 Tigard Water Building 5:30 p.m. 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call. 2. Public Comments Call for any comments from the public. 3. Approval of Minutes—September 13, 2006 Motion from Board for minute approval. 4. Discussion of Transferring Surplus Canterbury Property to the City of Tigard for a Neighborhood Park-Dennis Koellermeier(15 minutes) 5. Update on the Water Building Remodel-Dennis Koellermeier(10 minutes) 6. Update on the Annexation/Bull Mountain Incorporation Legal Challenge- Dennis Koellermeier(5 minutes) 7. Discussion of Term Expiration for Commissioners Woodruff and Winn - Dennis Koellermeier(5 minutes) 8. Informational Items-Dennis Koellermeier 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meetings-November 14, 2006, 6 p.m. -Lake Oswego City Hall -December 13, 2006, 5:30 p.m. - Water Auditorium 11. Adjournment-Approximate Time 7:00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for Citi of Tigard PW 5036848840 10/31 /2006 3 : 04PM Last Transaction Date Time Type Identification Duration Pages Result 10/31 03: 03p Fax Sent 5035988595 1 : 05 3 0K