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Clean Water Services - Establish City Plan District INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND CLEAN WATER SERVICES FOR MODIFICATIONS TO SOUTHWEST 85TH AVENUE WITHIN THE DURHAM ADVANCED WASTEWATER FACILITY PLAN DISTRICT This Agreement, dated c�0 , 2015, is between Clean Water Services(District) and the ity of Tigard(City). A. RECITALS WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary; and WHEREAS, District and City collaborate on projects that involve wastewater treatment, stormwater and erosion control, and general civil engineering projects in an effort to improve water quality in the Tualatin Basin; and WHEREAS, District and City entered into an Intergovernmental Agreement dated January 25, 2005 (2005 IGA)that articulates the procedures for working together on projects; and WHEREAS, District and City entered into an Intergovernmental Agreement dated June 12, 2012 where District and City agreed to work together to establish a City Plan District associated with the Durham Advanced Wastewater Treatment Facility(Durham Facility); and WHEREAS, District and City worked together to establish the Durham Facility Plan District pursuant to Chapter 18.650 of City's Development Code(Plan District); and WHEREAS,District and City desire to enhance security and public safety within and in the vicinity of the Durham Facility; and WHEREAS, District and City wish to maintain and improve safety of pedestrian and bicycle access to Cook Park via SW 85th Avenue and the existing Cook Park pathway; and WHEREAS, District is in the process of designing the Durham Facility Phase 5B2 plant improvements project that will require construction of utilities across SW 85th Avenue within the Plan District; and WHEREAS, District and City wish to work cooperatively in modifying the southern portion of SW 850h Avenue within the Plan District to restrict vehicular access to achieve Page 1 IGA for Modifications to SW 85th Avenue within the Durham Advanced Wastewater Facility Plan District the goals of increased Durham Facility security and safety of District staff and the general public; NOW,THEREFORE, it is agreed by and between the parties hereto as follows: B. PROJECT DESCRIPTION AND BACKGROUND The Durham Facility Phase 5B2 Project(Project)will primarily include hydraulic and odor control improvements for the treatment facility. The Project impacts SW 85th Avenue in that there will be significant pipeline crossings of the street that will require the street to be torn up at times and not accessible. During the preliminary planning for this Project District and City Planning and Engineering staff met several times to discuss the upcoming Project. During these meetings District and City Engineering staff developed a concept to address the concerns of Durham Facility security and safety for both the general public and District employees. The general concept is to limit vehicular traffic on that portion of SW 85th Avenue located within the Plan District and that bisects the treatment facilities within the Operations Subdistrict as shown in Map 18.650.A of City's Development Code. The concept also includes traffic calming and redirection at the point where access will be restricted through the use of a cul-de-sac type terminus of regular vehicle traffic while maintaining pedestrian and bicycle access along SW 85th Avenue and the Cook Park path. Finally,the Project will result in access improvements off of SW 85th Avenue to the RV dump station that the Durham Facility provides for the community. The concept is generally depicted in Exhibit A. C. DISTRICT OBLIGATIONS District will construct its Project to include modifying SW 85th Avenue within City's right-of-way, by completing the following activities: 1. Design and construct the Project. 2. Provide,for City review, progress submittals of the design at the 60 percent, 90 percent, and final bidding document production milestones for the Project. 3. Provide a design that allows continued pedestrian and bicycle access from the new vehicular traffic terminus (new cul-de-sac)to the existing Cook Park path that includes the following features (generally as shown in Exhibit A): a) a planted median in section 1 of the modified street,and b) a reduced section of planted median in section 2 of the modified street that will allow convenient District access to the Facility's existing Headworks building. 4. Commit to providing similar planted median in section 3 of the street(Exhibit A) at a future time that is convenient to District and is in conjunction with future Durham Facility construction projects that would impact this section of street. Page 2 IGA for Modifications to SW 85th Avenue within the Durham Advanced Wastewater Facility Plan District 5. Coordinate with City on the design details of the new offset cul-de-sac that will be the terminus of regular vehicular traffic, including any appropriate traffic calming features and appropriate signage and barricading. 6. Cooperate with City and Tualatin Valley Fire &Rescue(TVF&R)to ensure that TVF&R emergency access is maintained to the existing Waverly Drive emergency access road. 7. Acknowledge City's existing SW 85th Avenue right-of-way and that City may, upon two years' notice,require District, at the District's sole cost, to return this section of street to its current configuration(see D.5 below). District will provide City any additional Right of Way needed as a result of the new cul-de-sac. 8. Maintain the section of street south of the new cul-de-sac in a manner acceptable to City. 9. District's Project manager shall be Randy Naef, Principal Engineer, or as assigned. D. CITY OBLIGATIONS City will: 1. Review and provide input into the 60%and 90% design submittals within 10 working days of receipt,unless otherwise discussed, and consider the Project a Public Facilities Improvement. 2. Provide design assistance including meeting with District's designer during the design phase regarding the design details of the new cul-de-sac, and associated street closure, traffic calming, signage and barricading design details. 3. Allow District the following restricted access provisions during construction of its Project: a)total closure of the portion of SW 85th Avenue within the Plan District during a two-week period for construction of the pipelines that cross the street, and b) allow continuous access for only pedestrian and bicycle for all other times with the exception of sporadic closures during the workday necessitated by construction or for public safety reasons.No restriction of pedestrian or bicycle access will be allowed during special occasions such as the Tigard Balloon Festival as directed by City. 4. Cooperate with District and TVF&R in determining TVF&R's emergency access requirements to the existing Waverly Drive emergency access road. 5. Make a finding that the proposal is in the public interest prior to directing the District to return this section of SW 85th Avenue back to its pre-modified condition. Page 3 IGA for Modifications to SW 85th Avenue within the Durham Advanced Wastewater Facility Plan District 6. Give the District two years' notice prior to requiring the District, at the District's sole cost,to return this section of street to its current configuration(see D.5 above) 7. City's project manager shall be Kim McMillan,Assistant City Engineer, or as assigned. E. COMPENSATION The Project as outlined above will be funded by the District. Standard permit and plan review fees, as specified in the 2005 IGA Section 3.C.8,will apply. F. GENERAL TERMS 1. Laws and Regulations. City and District agree to abide by all applicable laws and regulations. 2. Term of this Agreement. This Agreement is effective from the date the last party signs it and shall remain in effect until the Project is complete and the parties' obligations have been fully performed or the Agreement is terminated as provided herein. 3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the others and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which arises out of, or results from,the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 4. Integration. This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. Page 4 IGA for Modifications to SW 85th Avenue within the Durham Advanced Wastewater Facility Plan District 5. Termination. This Agreement may be terminated immediately by mutual written agreement of both parties,or by either of the parties notifying the other in writing prior to award of a construction contract, with the termination being effective in 30 days. The obligations contained in sections C.7, D.5 and D.6 shall survive the termination or expiration of this Agreement. 6. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by the project managers from each party, the Mayor and Clean Water Service's General Manager will attempt to resolve the issue. If the Mayor and Clean Water Service's General Manager are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided in Oregon law. 7. Interpretation of Agreement. A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 8. Severabilitv/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable,the enforceability of the remaining provisions shall not be impaired. In addition to the obligations contained in section F.5, all provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 9. Approval Required. This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) District's General Manager or the General Manager's designee and, when required by applicable District rules, District's Board of Directors and 2)the Tigard City Council. Page 5 IGA for Modifications to SW 85d`Avenue within the Durham Advanced Wastewater Facility Plan District 10. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. CLEAN WATER SERVICES CITY OF TIGARD, OREGON By: , By: Bill Gaf/fi, Gene'r ager Marty /Wine, City Manager Date: Date: APPROVED AS TO FORM 3ar VED AS TO FORM istrict Counsel Attorney Page 6 IGA for Modifications to SW 85h Avenue within the Durham Advanced Wastewater Facility Plan District CH2MHILL PROJECT NO. 495379 N RV DUMP STATIONS NEW CUL-DE-SAC TERMINATION OF SW 85TH AVE HEADWORKS EFFLUENT STRUCTURE (HES) 7 HEADWORKS 1,02 U w PLANTED MEDIAN, TYP N z / O Lu BIOFILTER I - - - WAVERLY DRIVE EMERGENCY ACCESS ROAD w > M Q z = O �— Lo U 00 Lu U U) EXISTING COOK PARK 1 PEDESTRIAN AND BICYCLE PATH EXHIBIT SCALE 1 "=150' CLEAN WATER SERVICES DURHAM AVVVVfF PHASE 5132 CH2MHILL INTERGOVERNMENTAL AGREEMENT BETWEEN CLEAN WATER SERVICES AND THE CITY OF TIGARD TO ESTABLISH A CITY PLAN DISTRICT ASSOCIATED WITH THE DURHAM ADVANCED WASTEWATER TREATMENT FACILITIES This Agreement dated , U I u ) a ,2012, is between Clean Water Services (CWS)a county service district organized under ORS Chapter 451 and the City of Tigard,Oregon (City)an Oregon municipality. A. RECITALS 1. ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. 2. City and CWS intend to jointly undertake establishment of a City plan district specific to the area in which CWS's Durham Advanced Wastewater Treatment Facility(Durham Facility) is located. 3. The Durham Facility represents a highly specialized series of land uses, serving not only City users but region-wide users. While located within the City,the Durham Facility's operations,capabilities and regulatory compliance have significant effects beyond the City, necessitating careful consideration of the effects of the Durham Facility Plan District on both the City and other communities that are within CWS's jurisdiction. Its operation affects Washington County communities other than just the City. 4. Presently,the Durham Facility is located in multiple City land use zones. Modification, upgrade,and expansion of the Durham Facility must be consistent with the standards of each of the applicable zones. The current zoning status impedes CWS's ability to plan for, finance and construct necessary improvements in order to operate the Durham Facility in an efficient,cost-effective manner, meeting environmental and technical standards and serving communities in a manner consistent with their growth management plans. The City is likewise concerned that under current zoning, it may be unable to approve upgrades or expansions at the Durham Facility that would serve local and regional public interests . 5. The parties anticipate that a site-specific plan district will establish a mechanism allowing the City and CWS to focus and balance the relevant factors uniquely associated with the Durham Facility's operations and needs, as well as those of the region and the City. 6. The parties intend this intergovernmental agreement as a coordination tool to accomplish a project of limited scope and duration. This Agreement is not intended to affect the terms or obligations of either party, as specified in the IGA between the City and CWS dated January 25, 2005, and all amendments thereto. Intergovernmental Agreement Clean Water Services and City of Tigard Page 1 of 5 NOW,THEREFORE,the parties do mutually agree as follows: B. SPECIAL TERMS 1. Cooperation. The City and CWS agree to work diligently and cooperatively in developing policies, standards and guidelines for a"Durham Advanced Wastewater Treatment Facility"Plan District(Durham Facility Plan District or Plan District),consistent with this Agreement, including the above Recitals and below-stated Purposes. Preliminarily,the proposed Plan District is intended to cover the geographic area outlined in the attached Exhibit A. The City and CWS recognize that the Plan District cannot be finalized and implemented until the City adopts the Plan District as amendments to its Comprehensive Plan and/or the Community Development Code('CDC'). 2. Concurrent Activities. While the City is undertaking the preparation,processing and adoption of amendments to the Comprehensive Plan and/or CDC to specifically authorize the creation of plan districts within the City,the parties will proceed concurrently with the discussion and drafting of the standards for the Durham Facility Plan District. The intent is to develop the Plan District standards for consideration by the City Planning Commission and City Council and by the CWS Board of Directors, concurrently with the development and adoption of the authorizing Comprehensive Plan and/or CDC amendments. 3. Purposes of Durham Facility Plan District. The Durham Facility Plan District is intended to provide standards while preserving CWS's flexibility in the operation,modification,up- grade and expansion of the Durham Facility. The City and CWS desire to establish through the Durham Facility Plan District a single framework and process allowing for the following: a. the expansion of the Durham Facility to accommodate future urban growth or enhanced wastewater treatment capability; b. the adaptation of the Durham Facility to satisfy changes in environmental or regulatory standards and to incorporate technological advances or new methodologies in: wastewater treatment; waste-handling and processing; and wastewater, energy,and nutrient recovery; C. avoidance,management,and/or mitigation of negative off-site impacts on land uses adjacent to the Durham Facility,recognizing that certain impacts are inherent in the operation of a regional wastewater treatment facility and that such impacts should be balanced with the overall community benefit such facilities provide; d. addressing transportation system impacts from future changes at the Durham Facility; e. the creation of specific land use and permitting processes for the Durham Facility that will allow permit issuance on a timely basis; and f. the regulation of land uses,site and building design and environmental impacts from new development within the Durham Facility Plan District,taking into account the specialized operational requirements and the regional service nature of the Durham Facility. Intergovernmental Agreement Clean Water Services and City of Tigard Page 2 of 5 4. Schedule of Tasks and ReVonsibilities. The specific tasks and responsibilities for undertaking and completing the tasks associated with the preparation and establishment of the Durham Facility Plan District, along with a timeline for their accomplishment,are set forth in the attached Exhibit B. The schedule may be modified as the need arises,as specified in section C.1. The parties commit to proceeding with the scheduled tasks in a prompt,cooperative,and diligent manner. 5. Public Process. The Durham Facility Plan District shall be reviewed by the City following a public outreach and hearing process that complies with City Development Code §18.390.060. The City shall be designated as the"Applicant." 6. Public Outreach. The City and CWS agree that public outreach is a key component to establishing and implementing the Durham Facility Plan District. CWS staff will be the primary lead for public outreach activities,with particular roles for City and CWS staff addressed in the attached Exhibit B. 7. Drafting Responsibilities. Consistent with Exhibit B,City Community Development Department staff will engage in a collaborative process with CWS that includes exchanges of information, concepts and proposals regarding the Plan District. From this process, City staff will prepare the initial draft for the Plan District. Upon provision of the initial draft of the Plan District to CWS,the City and CWS shall engage in further collaboration in order to reach a draft Plan District ordinance that is mutually acceptable to the parties(to include the CWS Board of Directors), for recommendation to the City Planning Commission and City Council for adoption. 8. Cost-Sharing. As its financial contribution to the tasks to be undertaken by the City under the attached Exhibit B, CWS agrees to pay an amount based upon the City's direct costs for such activities. Budgeted categories for such direct costs are estimated in the attached Exhibit C. Payments by CWS to the City shall not exceed the amounts set forth in Exhibit C,and shall be paid on a time and materials basis upon the City's completion of each task included in Exhibit C. 9. Withdrawal from Plan District Process. Because the adoption of the Durham Facility Plan District is legislative in nature,the City cannot commit to a specific outcome of the process. Accordingly,either the City or CWS may withdraw from the Durham Facility Plan District process but only after making good faith efforts to reach mutual agreement with the other party on the content, operation and effect of the Durham Facility Plan District. Before a withdrawal can occur,the City Manager and CWS's General Manager shall confer,with the objective of resolving any issues associated with a proposed withdrawal. CWS's withdrawal will not affect the City's right to retain the amounts paid by CWS under Exhibit C. If either party withdraws,both parties shall retain all legal rights that they presently hold relating to processes or activities concerning Durham Facility operations, modification or expansion. C. GENERAL TERMS 1. Amendment of Agreement. This Agreement may be amended only by mutual written agreement of the parties. Intergovernmental Agreement Clean Water Services and City of Tigard Page 3 of 5 2. Indemnification Clause. Within the limits of the Oregon Tort Claims Act,codified at ORS 30.260 through 30.300,each of the parties shall indemnify and defend the others and their officers, employees,agents,and representatives from and against all claims,demands,penalties,and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof,including attorney fees)in favor of any person on account of personal injury,death,damage of property,or violation of law,which arises out of,or results from,the negligent or other legally culpable acts or omissions of the indemnitor,its employees,agents,contractors or representatives. 3. Resolution of Disputes. If any dispute arising out of this Agreement cannot be resolved by the project managers from each party,the City Manager and CWS General Manager will attempt to resolve the issue. If the City Manager and CWS General Manager are not able to resolve the dispute, the parties will submit the matter to mediation,each party paying its own costs and sharing equally in common costs. In the event the dispute is not resolved in mediation,the parties will submit the matter to arbitration with the Arbitration Services of Portland. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided by Oregon law. The process described in this section does not limit the rights afforded the parties under section B.9 of this Agreement. 4. Laws and Regulations. City and CWS agree to abide by all applicable laws and regulations. 5. Integration. Subject to the performance and completion of the tasks described in Exhibit B,this document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 6. Attorney Fees. If any dispute arises concerning the interpretation or enforcement of this Agreement,the prevailing party in any such dispute shall be entitled to recover all of its attorney fees, paralegal fees,costs,disbursements and other expenses from the nonprevailing party, including without limitation those arising before and at any trial,arbitration,bankruptcy,or other proceeding and in any appeal. 7. Term of Agreement. This Agreement is effective from the date of execution by both parties. The Agreement shall terminate upon adoption of the Plan District by the Tigard City Council, except as otherwise provided for in this Agreement. 8. Termination. This Agreement may be terminated by mutual written agreement of the parties,or by withdrawal of a party pursuant to section B.9 of this Agreement. Intergovernmental Agreement Clean Water Services and City of Tigard Page 4 of 5 9. Interpretation of Agreement. a. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. b. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 10. Severability/Survival. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable,the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. 11. Approval Required. This Agreement and all amendments shall become effective when approved by 1) CWS's General Manager or the General Manager's designee and,when required by applicable CWS rules, CWS's Board of Directors and 2)the City Council and the City Manager. 12. Choice of Law/Venue. This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed the day and year first written above. CITY OF TIGARD,OREGON CLEAN WATER SERVICES By: By: "a —�-•��— Marty Wine, 05ifManager Diane Taniguchi-D is,Deputy General Manager APPROVED AS TO F APPROVED AS TO FORM 0 ZN4 P. City'Attdmey CWS Counsel APPROVED AS TO THE WAIVER OF CITY COD 18.390.060B ox- Development Director Intergovernmental Agreement Clean Water Services and City of Tigard Page 5 of 5 E diibit A: Proposed Plan 1 , ■E City of Tigard =a 1111111 � p r.■ � 1■ Tigard City Boundary 111 X11Taxlot Boundary 1 111 11 '� 1 111 ■i■ ■11111: '� �' ;:11111 ■� 1� ' 1111 ►� �"� ■ 1�■ i■■r. Tualatin River a 175 350 700 A I May 11,2012 11111 ■ A v \I 11 1■ I I I i J I 1 i ' ' 1 { � - Vii► � ��� DURHAM FACILITY PLAN DISTRICT-SCHEDULE OF TASKS AND RESPONSIBILITIES TASKS &MILESTONES LEAD PARTY JUN JUL AUG SEP OCT NOV DEC JAN Initial Chapter Formation/Scoping and Discussion Coordination Meetings City of Tigard Preparation of chapter concepts and proposals City of Tigard Neighborhood Listening Session(optional) Clean Water Services Delivery of Initial Draft Scope and Chapter Structure* City of Tigard Develop Code Language Coordination Meetings City of Tigard Internal Staff Review Draft City of Tigard Public Review Draft City of Tigard Neighborhood Meeting to Present Draft Clean Water Services Completion of Mutually Acceptable Draft City of Tigard Approval of Mutually Acceptable Draft by CWS* Clean Water Services Follow-Up City of Tigard Proposed Draft& Planning Commission Preparation of Proposed Draft City of Tigard Notice of Hearing City of Tigard Planning Commission Workshop(s) &Public Hearing(s)* City of Tigard Follow-Up City of Tigard Recommended Draft& City Council Preparation of Recommended Draft City of Tigard City Council Workshop(s) &Public Hearing(s)* City of Tigard Follow-Up I City of Tigard * Project Milestones **All dates are aspirational and approximate timeframes for completion. Tasks may be completed in shorter or longer timeframes as a rrsult the collaborative process r+ between parties or the requinemnts of the legislative process Exhibit C CWS Plan District Project DRAFT-Scope and Budget Hours Cost Task 1. Initial chapter form/scoping and discussion 215 $7,397 meetings review drafts Task 2. Develop code language 244 $8,191 meetings internal staff draft public review draft Task 3. Planning Commission,Proposed Draft 150 $5,288 preparation two meetings follow-up Task 4. City Council, Recommended Draft 158 $5,576 preparation two meetings follow-up Total = 767 $26,452 I City of Tigard June 28, 2012 Mr. Nate Cullen, P.E. Engineering Division Manager Clean Water Services Durham Treatment Plant Services 16060 SW 85`h Avenue Tigard, OR 97224 Re: Intergovernmental Agreement to Establish City Plan District Dear Mr. Cullen, Enclosed are two original, fully executed Intergovernmental Agreements (IGA) to Establish a City Plan District. This agreement is between Clean Water Services and the City of Tigard. This IGA was approved by the Tigard City Council at its June 12,2012, meeting. If you have any questions, please call me at (503) 718-2410. Sincerely, L � � Catherine Wheatley City Recorder/Records Supervisor Enclosure c: Marty Wine,Tigard City Manager City of Tigard Records Archives � G 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov �1! C1eanWater Services Our commitment is clear. May 24, 2012 Mr. Marty Wine City Manager City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Subject: Intergovernmental Agreement to Establish City Plan District Intergovernmental Agreements to establish a City Plan District associated with the Durham Advanced Wastewater Treatment facility are enclosed for City Attorney, Community Development Director, and your signatures. Please sign where indicated, and return one to our office at 16060 SW 85th Avenue, Tigard, Oregon 97224. If you have any questions regarding this letter, please contact Nate Cullen, Engineering Division Manager at(503) 547-8176. Sincerely, QAA, Nate Cullen, P.E. Engineering Division Manager Enclosure: Intergovernmental Agreements (4) /jn /j n Durham Treatment Plant Services 16060 SW 8e Avenue Tigard, Oregon 97224 Phone: (503)547-8175 Fax: (503)547-8196 www.CleanWaterServices.orq City of Tigard RECORDS New Records Transmittal Department: Administrative Services Division Code: 1500 Date: 6/28/2012 Prepared by: Cathy Wheatley Extension: 2718 Dept. Box No. Description Dates Retention Code Intergovernmental Agreement—Clean Water June 12,2012; 166-200-0135(4)(c) Services and City of Tigard; Terminates upon Approved by Tigard City Council on June 12, adoption of the Plan 2012; Resolution No. 12-1 District by the Tigard City Council * * *TO BE COMPLETED BY RECORDS DIVISION STAFF Laserfiche []Yes ❑ No Vault ❑Yes ❑ No Entered by: Date: I/Design and Communications/Records/New Records Transmittal—1/6/11