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12/13/2006 - Packet Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee bece-vv% bei t3, 2uoto 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 Signature 3- 7 - L3 Date Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, December 13, 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 —November 8, 2006 Motion from Board for minute approval. 4. Dareen Cook Credit for Leak Request- Bob Sesnon (5 minutes) 5. Water Building/Asset Discussion - Bob Sesnon (20 minutes) 6. Update on Annexation/Bull Mountain Incorporation Legal Challenge— Dennis Koellermeier(5 minutes) 7. Follow-up Discussion on the Joint Meeting with Tigard and Lake Oswego City Councils - Dennis Koellermeier(10 minutes) 8. Informational Items— Dennis Koellermeier • Term expiration for Commissioners Woodruff and Winn • Other items 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meeting —January 10, 2007, 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: 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 n V 1 Q.. Intergovernmental Water Board Meeting Minutes December 13, 2006 Tigard Water Building 8777 SW Burnham Street Tigard, Oregon Members Present: Patrick Carroll, Janet Zeider (alternate for George Rhine), Dick Winn and Sydney Sherwood (alternate for Tom Woodruff) Members Absent: Tom Woodruff, George Rhine, Bill Scheiderich Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich Financial & Information Services Director Bob Sesnon IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions The meeting was called to order at 5:36 p.m. Note: Item 3 was heard before item 2. 2. Public Comments: None 3. Approval of Minutes — November 8, 2006 Commissioner Winn motioned to approve the November 8, 2006, minutes; Commissioner Sherwood seconded the motion. The motion was approved by unanimous vote. Note: Item 2 was heard after item 3. 4. Dareen Cook Credit for Leak Request Mr. Koellermeier introduced Mr. Sesnon. Mr. Sesnon provided the Board with the details surrounding the leak and the credit for leak policy. Ms. Cook's grandson explained that he replaced the water line and the leak was repaired promptly. Commissioner Winn pointed out the Board had spilt the difference of the remaining balance with previous customers. Intergovernmental Water Board Minutes December 13,2006 1 The total cost was $813 and a $351.26 credit had already been issued. The Board discussed splitting the remaining balance, which would result in an additional credit of$230. Commissioner Winn motioned to follow past practice and split the difference between the credit already issued and the total bill; Commissioner Sherwood seconded. The motion was approved by unanimous vote. 5. Water Building/Asset Discussion Mr. Koellermeier explained he and Mr. Sesnon would present this item. Mr. Koellermeier noted he was not proposing any action be taken at this meeting, but was seeking to identify a process to deal with the issue of assets. Mr. Koellermeier referred to materials contained in the Board's packet. Mr. Koellermeier said Bev Froude, Chairperson of Tigard Water District (TWD), suggested the Board develop a process to decide what it wanted to accomplish related to assets. The process could include public hearings in order to get community input. Mr. Koellermeier proposed the Board might want to consider an amendment to the intergovernmental agreement to resolve asset issues once and for all. He added this resolution should be a win-win situation for all the IWB members. Current asset issues include the water building and Canterbury property. With regard to Canterbury, Mr. Koellermeier said the agreement had been satisfied, and, in reality, this was surplus property. He proposed a surplus property disposal process because the City of Tigard wants to use the property to build a park. He added a lease of the property might work, but this fails to resolve the question of how to address assets. In order to use system development charge funds to develop the park, the park would need to be on Tigard's books; this may preclude a lease. Mr. Koellermeier relayed the water building was not addressed in the 1993 agreement. The City of Tigard plans to make substantial improvements to the water building and the facility may be affected by long-term downtown planning. He noted the building could change use sometime in the future. Commissioner Carroll interjected the building could not change use without the Board's approval. Mr. Koellermeier proposed the Board open a discussion in which each of the partners could state what they would like to accomplish. He noted King City and Durham owned a very small share of the water building and he was unclear what their corporate interest would be in continuing to do so. He acknowledged the Board might want to protect its ownership of the building to be sure water customers are not asked to pay for a new facility in the future. Intergovernmental Water Board Minutes December 13,2006 2 Mr. Koellermeier advised that from Tigard's perspective it was "messy" for the City to make an investment in an asset with multiple owners. Commissioner Carroll responded the improvements could be considered lease tenant improvements. Mr. Koellermeier said that improvements made by public, non-profit entities might be given different consideration than improvements made by private, for-profit organizations. In order to craft solution that works for everyone, Mr. Koellermeier proposed the Board discuss what each of the members might like to accomplish and protect regarding mutually-owned assets. Commissioner Carroll noted that although Tigard owned a 70 percent interest in the water building, the building was really owned by the rate payers. Mr. Koellermeier explained the rate payers are not an entity, whereas the Cities of Tigard and Durham exist as entities. He added the agreements were made between the City of Tigard and the cities of King City, Durham and the TWD. Commissioner Carroll asserted there was an obligation to the water system, not to the City of Tigard. He acknowledged the Board could decide to enter into some type of agreement with Tigard. He pointed out Mr. Koellermeier's interests lie with the City of Tigard and Tigard water customers. Commissioner Carroll said the water building should be dedicated for uses related to the water system. There was a discussion about the differentiation between the City of Tigard and the water district. Mr. Koellermeier acknowledged he represents both the Board and the City of Tigard and this was why he was seeking an amenable solution to the issue. Commissioner Winn stated the financial health of the City of Tigard's water department is reflected in rate payers' water bills. Water customers, like King City and Durham, are affected by the success of Tigard's water department. Commissioner Winn added King City has a small interest in the water building. Since King City can't do anything with that interest, he asked if King City's share of the facility might be purchased by the City of Tigard. King City could use the revenue. Mr. Koellermeier provided some historical background. The Board acquired the water building through a legislative process; no money was exchanged. Basically, custodial duties associated with this asset shifted from one public entity to another. If he were a Board member, Mr. Koellermeier said he might want a guarantee that Tigard would not increase the administration costs and subsequently raise rates for the use of the building. An agreement could be crafted to address any such concerns the Board may have. Commissioner Winn noted his reading of the agreement clearly says the building belongs to the City of Tigard. Commissioner Carroll disagreed. Intergovemmental Water Board Minutes December 13,2006 3 Mr. Koellermeier added the attorney hired by the TWD arrived at generally the same conclusion as Commissioner Winn. The attorney said if one party wanted to change the condition of an asset without the cooperation of the other partners, the issue would likely end up in court. The attorney concluded the party pursuing the change would likely prevail as long as the change was consistent with state law. Commissioner Carroll said it did not make sense for the original parties to enter into such an agreement regarding common assets. The water building is an asset of the water district and should only be used as such. There should be no other consideration. Any City of Tigard use of the water building should be done by agreement between the water board, the Board and the City of Tigard. Commissioner Sherwood noted the agreement didn't clearly define how the assets were to be addressed. She relayed that Gretchen Buehner would soon be serving as Tigard's representative on the Board. She is an attorney and will be helpful in resolving these asset issues. Commissioner Sherwood said there is a genuine need to get the matter addressed and resolved. She spoke in support of working together to clarify the asset ownership issue. Commissioner Winn reiterated the original parties came up with this agreement and all the resources, including those of the TWD, were put into the pot. The agreement says the entity taking over jurisdiction also takes over the asset. Mr. Koellermeier, speaking for the City of Tigard, commented Tigard did not want to create a hostile relationship with its IWB partners. Thus, he was proposing an agreement or amendment to the current agreement be developed in the hope of resolving current and future asset ownership issues. Audience member and Chairperson of the TWD, Bev Froude, provided historical information about the original agreement and suggested there should be an additional discussion of this matter. Mr. Koellermeier summarized that the City of Tigard was going to make an investment in the water building and it's reasonable to get the asset issue resolved as a part of that process. Mr. Koellermeier also mentioned the Canterbury property, noting he expected the park would be in the construction phase by July 2007. Commissioner Carroll asserted if the Board sold a piece of the Canterbury property to the City of Tigard, then profits from the sale should be used to fund water-related projects. Mr. Koellermeier responded this was not how state law was structured. Commissioner Carroll said if state law was on Tigard's side, then Tigard should go ahead and "steal" the assets. Intergovernmental Water Board Minutes December 13,2006 4 Commissioner Sherwood interjected the City of Tigard was not seeking to take over, but wanted to find a solution that was fair to everybody. With regard to the Canterbury property, Mr. Koellermeier discussed the difference between system assets and other assets. The attorney representing the TWD suggested the Canterbury property be partitioned if Tigard wanted to convert the surplus property to a park. Commissioner Carroll remarked the creation of a park at the Canterbury site would not provide any benefit to the rate payers of Durham. He declared any money from the sale of such assets should benefit the water system. Mr. Koellermeier acknowledged Commissioner Carroll's suggestion made sense if the Board intended to sell the property on the open market. He noted the situation might be viewed differently when converting the property from one type of public use to another. Commissioner Carroll responded the public use was for the benefit of the City of Tigard. Mr. Koellermeier said a park at the Canterbury site would be the closest park to the unincorporated area. Commissioner Sherwood suggested the discussion be continued to the next meeting when Tigard's new representative, Gretchen Buehner, would be in attendance. 6. Update on Annexation/Bull Mountain Incorporation Legal Challenge Mr. Koellermeier reported there was no new information regarding the Cach Creek area annexation. He advised this item will be on the next agenda. He noted the final vote on the incorporation of Bull Mountain has been certified; formation of the new city did not pass. 7. Follow-up Discussion on the Joint Meeting with Tigard and Lake Oswego City Councils The Board discussed their recent water partnership meeting with the Lake Oswego and Tigard City Councils. Mr. Koellermeier said he had received positive feedback from Lake Oswego. He added there would be another meeting in February or March and expects the partnership will be more attractive to Lake Oswego as that city begins to explore the cost of capital improvements. Commissioner Carroll pointed out that Lake Oswego would be less likely to lose its water rights if they were being used. The Board expressed concern about Lake Oswego's time line. Intergovernmental Water Board Minutes December 13,2006 5 Mr. Koellermeier said he planned to provide the Board with information on cost and governance issues related to the partnership prior to the next joint meeting. 8. Informational Items Term expirations for Commissioners Woodruff and Winn were discussed. It was noted: - Councilor Gretchen Buehner will take over Councilor Woodruffs assignment to represent the City of Tigard on the IWB. - Councilor Woodruff will continue to represent Tigard on other water- related matters. - Councilor Sherwood will continue to serve as Tigard's alternate representative to the IWB. - Commissioner Winn reported he will serve another term as King City's representative to the IWB. 9. Non-Agenda Items: None 10. Next Meeting - Wednesday, January 10, 2007, 5:30 p.m. - Water Auditorium 11. Adjournment At 6:34 p.m. Commissioner Sherwood motioned to adjourn the meeting; Commissioner Winn seconded the motion. The motion was approved by unanimous vote. 3 I��L tel! ..3 ASTL Greer A. Gaston, IWB Recorder Date: ZGYS - Intergovernmental Water Board Minutes December 13.2006 6 Agenda Item No.: .3 IWB Meeting Date: Dwc. 13 Zoafo 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 emodel: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 I 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 10. Adjournment The meeting was adjourned at 5:53 p.m. Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes November 8,2006 3 IWB Credit for Water Leak Policy June, 2006 When a water leak occurs on the customer's side of the water meter resulting in an unusually high water bill, customers may apply for a credit. Credits are calculated by multiplying the wholesale water markup per ccf by the estimated size of the leak in ccfs. Wholesale Times Estimated Equals Credit water size of the markup per leak in ccfs ccf $1 .26 x 100 = $126 $1 .11 x 1000 = $1110 The wholesale water markup varies with the type of service, e.g. residential, commercial, etc. The estimated size of the leak is calculated based on the difference between usage during the leak and the average usage in previous years. The application to the City for the credit must be in writing and must include proof the leak was fixed within 10 days of discovery. Any applications for credits greater than $500 must be considered by the Intergovernmental Water Board. Agenda Item No.: 4 IWB Meeting Date: ec, l3. 2a4(o 41 MEMORANDUM TO: Intergovernmental Water Board FROM: Tom Imdieke, Financial Operations Manage RE: Doreen Cook Utility Account DATE: November 27, 2006 The attached credit for leak request is being forwarded to you for your review and consideration at your December 13, 2006 meeting. The leak was calculated to be 394 ccf and the averge consumption for this account is 8 ccf. The water portion of the bill during this leak period was $812.99. A credit for leak in the amount of$351.26 has already been issued to this customer based on current policy. The customer was notified on September 14, 2006 of high consumption by City Utility Billing staff. In addition, City staff travled out to the property to notify the customer and assisted in turning the service off until it could be repaired. The repair was made within 24 hours after notification. The customer is now requesting additional credit for the leak based on the fact that they are on a fixed income and cannot afford this additional expense. y REQUEST FOR ADJUSTMENT DUE TO A LEAK The City of Tigard has a policy of issuing partial credits for leaks that are repaired in a timely n manner. The city expects leaks to be repaired within ten days of discovery. Credits are based on your average usage for the same period in previous years. This average is deducted from the total consumption used during the time of the leak. The excess usage is charged at the wholesale rate of water,with the difference between wholesale and resale cost deducted TIGARD from the utility account as the Credit for Leak Please describe the specific circumstances of your request: 1246:11-'�,- -1 J� k" — �Q P �h PLEASE SEND LETTER Date leak found: -A712 , Date leak repaired: Account#: `aQ40- cc�� Location of Service: -r) '� k)- Q`yy► 19 P Y� S,+- Customer Name27 `-;W 0-0 o � -� �a 3 Mailing Address: 9<$ ,� SL a 0(b a44? l t AVH Or q P-2,5 ('30 7 Street address City State Zip Phone DOCUMENTATION YOU MUST SUBMIT COPIES OF PLUMBER'S BILLS AND/OR RECEIPTS FOR PARTS, REQUIRED TO FIX THE LEAK. ------------------------------------------------------------------------------------------------------------------------------------ FOR OFFICE USE ONLY $2.05 $2.03 $2.40 $1.99 $2.56 - 1.14¢ RES MUR COM IND IRR Markup Previous years usage: #periods used X �¢ - 3S .a Lo Average Leak Period Leak ccf Markup Credit Adjustment Total Credit:$ ,`ate Date Issued:�k 6Iy(P Issued By: l .iTAL INVOICE No. 142910 Store 4002 TIGARD Hours: Mon 6:00 - 10:00 14800 SW SEQUOIA PARKWAY Tie e:oo - 10:00 STAPLE E �CxiS'Cf� �CEtPT HERS Wed a:00 10:00 TIGARD, OR 97223 Thr 6:00 • 10:00 (503) 624-3505 Fris:oo - 10:00 S" t e:oo • 10:00 yr o sun T:oo s:oo Sed, U)ip ''.? DOREEN COOK 9815 SW O'MARA ST ► 'f TIGARD, OR 97223 ! PHN (503) 620-3764 m Z Agent Driver's License Number Vehicle license Written By l OR 458219 OR _ MATTHEW CSI Job Number/Location Job Phone PO Number/Birthdate Checked In By 9815 SW O'MARA ST _ SHAWN E Date and Time Out Date and Time Due In Date and Time In Rented Period —jl 09/15/2006 2:59 pm 09/15/2006 6:59 pm 09115/2006 7:07 pm 4 HRS RENTAL EQUIPMENT Part Number 10ut In Description Min Charge Ex-Hours Per Day Per Week Per Month DP Tax Amount 10506000521 1 1 C.P. Prodigy 16HP w/Tracks 96.00 24.00 137.00 411.00 1233.00 Y Y 96.0_0 J 1050600052 C.P. Prodigy 16HP w/Tracks Usage Y 0.00 11050600052 F F Fuel Charge If 4.00 per Unit) _ Y 1 _ 0.00 999714 1 Cleaning Fee- Return Clean I Y7 _0.00 Rental Subtotal 96.00 FUEL AND USAGE CHARGES Charges below reflect the mileage, wear or fuel charges associated with the meter readings recorded on the agreement Charge i Charge Reading Reading Allotted Actual Billable Part Number Typeper Unit Units Out In Usage Usage Usage Charge 1050600052 Usage 28.00 HOUR 1 220.2 221.0 4.0 0.8 0.0 0.00 1050600052 Fuel 4.00 GALLONS 2.00 2.00 0.00 0.00 0.00 0.00 Page 1 of 2 No. 142910 Customer Copy ACCEPT 0/0 N SH Ft WUS' OrtENIIORISES, INC. 8MLSELEYcompany I SOUORCFWRGOM= NE N FEI TIGARD 03013 11B FRT = N 0 e1q, �iOB AHP = N 0 N, 91.10 SW BURNIFIM RD TIGARD, OR 97�223-6 WRITER SALESMAN PH: 503-620-91211 FAX-. 503-620-0351. C A S H S A L E S 0 R D E R MI,F A ll)/ AD DER NO. REQUIRED DATE SHIP WHS. SELL WHS. TAG P.O.NO. 3 1.-.2 8 1 091'1.`106 1 STOMER NO. I CUSTOMER ALPHA CONTRACT NO. BID NO, ORDER DATEORDERED BY INSTRUCTIONS OML CONTACT 572 W E f E F N.f- 9115/of ED mark, parks VENDOR WESTL-RN PLUMBING COUNTER PICK UP )460 SW TIGARb ST 4 101 91.10 SW BURNHAM RD VENDOR P.O.NO. rIGARD, OR 9721213-52721 TIGARD, CIR 97223-61213 SHIP VIA ROUTE NO. RUN NO. DEPART Tlh CPU f1c"UNITER. pl(JI-lip • PCs BAGS BOXES I CRATES LENGTHSJ BUNDLES. ROUTE DESC , ,UST PH. 50"l-639 5'e"l E, ISTOMER P.O.NO. JO8 NAME A N, DD KMOR6 0"O ,' H I 8� l— Ja 1''f AVP I o:l I WU4701.010 1 PEX I D V-4.67, b Y)V I sa c 1 5 ;LXX 2- cir 'p, Mw I.1r11" k �'5ll r-a:3 V; 5f ....... ili vi,4 `t o Big w .67 0 0.00 USTOMER'S TERMS: C 0 N T i UE Dk nATI:- J THE HOt-IE DEPOT 04002 14800 SW SEQUOIA PARKWAY TIGARD, OR 97223 503-639-3500 4002 00010 55300 09/15/06 SALE 11 EMP469 02:27 PM [,+* :j�. 1- 032888405929 REDUCER <A> 1.94 032888405257 3/4GA90OSTEL <A> 1.49 032888991453 3/4X5GALNIPL <A> 1.09 739071 3FT BRY HYDT <A> 39.98 SUBTOTAL 44.50 ALES AX 0.00 TOTAL $44.50 XXXXXXXXXXXX2845 VIS 44.50 AUTH CODE 042422/3 02518 TA I �I�I��IIII�III�IIIIIIII����I�IIIII�III�IIIIII���II��I 4002 10 55300 09/15/2006 0658 RETURN POLICY DEFINITIONS POLICY ID DAYS POLICY EXPIRES ON A 1 90 12/14/2006 THE H014E DEPOT RESERVES THE RIGHT TO LIMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. CARPET CLEANING BY CHEM-DRY IS NOW AVAILABLE THROUGH HOME DEPOT. CALL TODAY: 1-800-HOI-IEDEPOT wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww THE HOts1E DEPOT #4002 ' 14800 SW SEQUOIA PARKWAY TIGARD, OR 97223 503-639-3500 4002 00010 54980 09/15/06 SALE 11 EMP469 01:39 PM • ossa; •�► A,*R& 4°3 032888004054 1 GATE VLV <A> 7.53 032888405837 1"GALMALLCPL <A> 1.46 j 078864177206 1/2X260TAPE <A> 0.99 012871624315 FITTING <A> 1.01 SUBTOTAL 10.99 TAX 0.00 TOTAL $10.99 XXXXXXXXXXXX245 DEBIT 10.99 AUTH CODE 761428 �IIIII{11111111111111111111111111111111111111111!111111 4002 10 54980 09/15/2006 0658 RETURN POLICY DEFINITIONS POLICY ID DAYS POLICY EXPIRES ON A 1 90 12/14/2006 THE HOME DEPOT RESERVES THE RIGHT TO LIMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. CARPET CLEANING BY CHEM-DRY IS NOW AVAILABLE THROUGH HOME DEPOT. CALL TODAY: 1-800—HOMEDEPOT wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww � ENTER FORA CHANCE I I it I Agenda Item No.: _ s IWB Meeting Date: MEMORANDUM TIGARD TO: Intergovernmental Water Board FROM: Dennis Koellermeier, Public Works D� for RE: Water Building DATE: December 1, 2006 Staff has scheduled an agenda item for your December 13 meeting to begin a discussion about the water building as an asset. As background information, staff has updated the proportionate interest allocations of assets based on the IGA formula. This information and the Division of Original District Assets section from the IGA are attached for your review. City of Tigard Analysis of Proportionate Interest Allocations Updated from Tigard Water District System Assets and Liabilities Final Report- November 1994 Allocation Basis Real Market Consumption* Value' Meters" (A) (B) (C) District 641,523 880,511,030 3,671 Tigard 2,015,062 2,822,340,560 12,196 King City 130,395 201,727,000 1,238 Durham 74,115 116,051,350 358 2,861,095 4,020,629,940 17,463 Proportionate Interests Proportionate Change From Interests Original District 22.42% 21.90% 21.02% 21.78% 4.19% Tigard 70.43% 70.20% 69.84% 70.16% -3.23% King City 4.56% 5.02% 7.09% 5.55% -1.16% Durham 2.59% 2.89% 2.05% 2.51% 0.20% 100.00% 100.00% 100.00% 100.00% 0.00% "Other Assets" Percentages For Allocations District Tigard King City Durham District, Tigard, King City 22.34% 71.96% 5.69% 0.00% 100.00% District, Tigard 23.69% 76.31% 0.00% 0.00% 100.00% Tigard, Durham 0.00% 96.55% 0.00% 3.45% 100.00% " Consumption and Meters Updated as of October 31, 2006 " Real Market Value(RMV) Updated as of November 7, 2006 City of Tigard Analysis of Proportionate Interest Allocations Tigard Water District System Assets and Liabilities Final Report- November 1994 Allocation Basis Consumption RMV Meters (A) (B) (C) District 284,282 388,224,542 2,091 Tigard 1,347,248 1,460,215,489 8,565 King City 99,110 121,669,954 1,019 Durham 32,537 58,547,786 262 1,763,177 2,028,657,771 11,937 Proportionate Interests Proportionate Interests District 16.12% 19.14% 17.52% 17.59% Tigard 76.41% 71.98% 71.75% 73.38% King City 5.62% 6.00% 8.54% 6.72% Durham 1.85% 2.89% 2.19% 2.31% 100.00% 100.00% 100.00% 100.00% "Other Assets" Percentages For Allocations District Tigard King City Durham District, Tigard, King City 18.01% 75.11% 6.88% 0.00% 100.00% District, Tigard 19.35% 80.65% 0.00% 0.00% 100.00% Tigard, Durham 0.00% 96.94% 0.00% 3.06% 100.00% 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) City of Tigard 41 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-6394171 FAX TRANSMITTAL Date December 6, 2006 Number of pages including cover sheet 3 To: X/The City of King City (Fax No. 503-639-3771) 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. IAENGTAKDOT Intergovernmental mater Board Serving Tigard, Kang City, Durham and Unincorporated Area MEETING NOTICE Wednesday, December 13, 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, December 13, 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 —November 8, 2006 Motion from Board for minute approval. 4. Dareen Cook Credit for Leak Request- Bob Sesnon (5 minutes) 5. Water Building/Asset Discussion - Bob Sesnon (20 minutes) 6. Update on Annexation/Bull Mountain Incorporation Legal Challenge - Dennis Koellermeier(5 minutes) 7. Follow-up Discussion on the Joint Meeting with Tigard and Lake Oswego City Councils - Dennis Koellermeier(10 minutes) 8. Informational items - Dennis Koellermeier • Term expiration for Commissioners Woodruff and Winn • Other items 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meeting -January 10, 2007, 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 City of Tigard PW 5036848840 12/6/2006 12 : 32PM Last Transaction Date Time Tjpe Identification Duration Pages Result 12/06 12 : 31p Fax Sent 5036393771 1 : 08 3 OK hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 12/6/2006 12: 35PM —240 Last Transaction Date Time Type Idehtification Duration Pages Result 12/06 12: 33p Fax Sent 5038088595 1 : 08 3 OK