02/13/2013 - Packet Completeness Review
for Boards, Commissions
and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Name of Board, Commission or Committee
02/13/2013
Date of Meeting
I have verified these documents are a complete copy of the official record.
Judy Lawhead
Print Name
'Sign tore
01/07/2015
Date
Intergovernmental Water Board Agenda
SERVING TIGARD, KING CITY,DURHAM AND TIGARD WATER DISTRICT
MEETING DATE: Wednesday, February 13, 2013, 5:30 p.m.
MEETING LOCATION: Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
1. Call to Order, Roll Call and Introductions
2. Approval of Minutes — December 12, 2012
Action: Motion to approve the December 12, 2012 minutes.
3. Public Comments
Call for comments from the public.
4. Water Supply Update —John Goodrich
No action required.
S. Update on the Draft Intergovernmental Agreement for Water Service —Dennis Koellermeier
No action required.
6. Election of Chair and Vice-Chair—Dennis Koellermeier
Action: Motion to appoint the Chair and Vice Chair.
7. Informational Items
No action required
8. Non-Agenda Items
Call for non-agenda items from the board.
9. Next Meeting:
March 13, 2013, at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon
10. Adjournment
Action: Motion for adjournment.
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.
INTERGOVERNMENTAL WATER BOARD AGENDA— February 13, 2013
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-718-2591 1 www.tigard-or.gov I Page 1 of 1
Intergovernmental Water Board JWB) Minutes
SERVING TIGARD,KING CITY,DURHAM AND TIGARD WATER DISTRICT
MEETING DATE: Wednesday, December 12, 2012, 5:30 p.m.
MEETING LOCATION: Tigard Public Works Building
8777 SW Burnham Street
Tigard, OR 97223
Members Present:
Gretchen Buehner Representing the City of Tigard
Ken Henschel Representing the Tigard Water District
Keith Jehnke Representing the City of Durham
Andrew Barrett Member-At-Large
Members Absent:
Dick Winn Representing the City of King City
City of Tigard Staff Present:
Dennis Koellermeier Public Works Director
John Goodrich Utility Division Manager
Kristie Peerman IWB Recorder
1. Call to Order, Roll Call and Introductions
Commissioner Buehner called the meeting to order at 5:33 p.m.
2. Approval of Minutes —November 14, 2012
Commissioner Henschel moved to approve the November 14,2012, minutes.
Commissioner Barrett seconded the motion. The motion passed by unanimous vote of
the commissioners present,with Commissioners Barrett,Buehner, Henschel, and Jehnke
voting yes.
3. Public Comments
There were no comments from the public.
4. Water Supply Update
Mr. Goodrich reported:
■ leverage water use for the month of November was 4.11 million gallons per day
(mgd). This amount was slightly above November 2011 water use.
■ Injection into aquifer storage and recovery (ASR) #2 is accruing at a rate of about
1000 gallons per minute. To date ASR#2 has approximately 15 million gallons of
water stored. Once ASR#2 has reached its targeted storage goal of 200-250
million gallons, the City of Tigard (COT) will begin injecting into ASR#1.
■ ASR#3 is in design. Construction will begin in fiscal year 2014.
5. City of Tigard Future Water Supply Development—Dennis Koellermeier
Mr. Koellermeier reported:
o The City of Sherwood recently completed the construction of water pipelines
and facilities from the Willamette River Treatment Plant in Wilsonville to
Sherwood's water distribution system.
■ In order to evaluate future Willamette River water supply scenarios for the
Tigard Water Service area,Tigard contracted with Murray, Smith &Associates
(MSA). MSA provided a conceptual analysis of the following scenarios:
➢ Supply development in partnership with Wilsonville and Sherwood.
➢ Major regional supply development with partners.
Brian Ginter,P.E., Murray Smith &Associates, Inc. gave a PowerPoint presentation
titled the Future Water Supply Development Concept Analysis. The presentation is on
file in the IWB record.
Presentation highlights:
■ Mr. Ginter discussed the two scenarios. Both would:
➢ Connect the Willamette River supply to Tigard's 10-Million-Gallon
Reservoir.
➢ Deliver 25 mgd to the COT in the year 2030.
■ Scenario 1-Supply Development in Partnership with Wilsonville and Sherwood.
➢ Tigard may participate in the expansion of existing infrastructure and
buy into excess capacity when available.
➢ Existing infrastructure was built in good economic times, and there is a
firm number on the cost, so the potential buy in would be lower than
scenario 2.
➢ Total Estimated Project Cost,Year 2030 Dollars - $170.6 million
■ Scenario 2-1\/1ajor Regional Supply Development with Partners.
➢ Costs and elements will vary depending on the number of regional
partners.
Infrastructure is not constructed and is still at the conceptual stage.
➢ Significant transmission costs can be anticipated.
➢ Willamette River Water Treatment Plant expansion would require
construction of a new facility running parallel to existing treatment
plant.
➢ Potential partners are Sherwood,Wilsonville, Hillsboro,Tualatin and
Tualatin Valley Water District (TVWD).
➢ Total Estimated Project Cost,Year 2030 Dollars - $371.4 million
Mr. Ginter discussed the different phasing options of the two scenarios.
Mr. Koellermeier stated the Lake Oswego partnership is projecting a total project cost of
$230 million in 2016 dollars. Tigard will likely be responsible for a little more than 50
percent of this cost.
The board discussed Tigard's Charter. It requires Tigard voters to approve the
Willamette River supply before it can be used as a drinking water source for Tigard
citizens.
Mr. Koellermeier stated:
■ The PowerPoint presentation was for informational purposes.
■ The Sherwood/Wilsonville partnership is the most economical scenario.
■ COT will likely need to decide whether to pursue the Sherwood/Wilsonville
partnership within the next 18 months. A financial commitment (of
approximately$5 or $6 million) would be required if Tigard moves forward with
this scenario.
■ Currently COT has no legal obligation to participate in the
Sherwood/Wilsonville partnership.
6. Briefing on the November 21, 2012, Boil Water Advisory—John Goodrich
Mr. Goodrich reported:
Monday, The COT collected routine water samples.
November 19, 2012
Tuesday, Water sample results tested positive for:
November 20, 2012 ■ E-coli bacteria and total coliform at a Durham location.
■ Total coliform at a different location off 121,sc and Walnut.
Second samples were taken at the same locations.
Wednesday, Second sample results were positive for both e-coli and total
November 21; 2012 coliform at the Durham location.
The COT issued a boil water advisory at approximately 9 a.m.
Crews were sent to Durham to collect additional samples and
flush the water system.
Tigard staff notified IWB members,Tigard city council and
executive staff.
The COT activated its CodeRed emergency notification system.
The system alerted 86 percent of its contacts in the first hour and
reached 92 percent of all contacts during the day.
Tigard staff received 200 phone calls from water customers within
the first hour of the boil water advisory and a total of 220-230 by
the end of the day.
Thursday, Water samples were negative for e-coli bacteria and total coliform.
November 22, 2012
The boil water advisory was lifted. A message—lifting the boil
water advisory—was issued via the CodeRed system.
Tigard staff was available for incoming phone calls on
Thanksgiving Day.
■ The City of Portland found no bacterial contamination in its water system.
■ On Monday,November 26, 2012, a debriefing of Tigard staff and boil water
advisory data was provided to Tigard executive staff.
Mr. Koellermeier noted that Washington County Health Department is responsible for
notifying restaurants. Also, frequently asked questions (FAQs) are available on the COT
website.
7. Informational Items
Lake Oswego/Tigard Water Partnership Update:
■ Commissioner Henschel requested an update on the Lake Oswego/Tigard Water
Partnership land use application.
➢ Mr. Koellermeier reported the COT had officially filed a notice of
appeal to West Linn City Council. Commissioner Henschel stated that
Tigard Water District would be available to testify during the appeal if
needed.
Water Charges Discussion:
■ Commissioner Henschel questioned the water meter size criteria.
➢ Mr. Goodrich provided a brief discussion regarding future counts and
how they determine meter size.
■ Commissioner Buehner questioned the booster charge and the number of
customers effected with the booster charge.
Mr. Goodrich provided information on the charge and stated less than
10 percent of customers are affected. He added the COT has provided
6 million gallons of water for additional fire protection service to those
customers.
CodeRed Flyer Request:
■ Commissioner Henschel requested the COT put together an informational flyer
on the CodeRed system. A commissioner on the Tigard Water District board is
the owner of multi-family unit complexes in Tigard and would like to include the
CodeRed flyer in his new tenant informational packet.
8. Non-Agenda Items
The board did not discuss any non-agenda items.
9. Next meeting
January 9, 2013, at 5:30 p.m.
Public Works Auditorium, 8777 SW Burnham Street,Tigard, Oregon
10. Adjournment
At 6:50 p.m. Commissioner Buehner moved to adjourn the meeting. Commissioner
Henschel seconded the motion. The meeting adjourned by unanimous vote of the
Commissioners present, with Commissioners Barrett, Buehner, Henschel, and Jenke
voting yes.
Dick Winn, IWB Chair Kiistie Peerman, IWB Recorder
Date: �L/�3 ' -i Date: ;I-A 5)1_3
� � _. �• WM�r �� •� �• 4rF.ems_ �����q r r � �• y -
?!� • ' .. -,,•_• �• At %�+.�
,
S
ti
w
,_. e � -• +�`+'h« h'F�e��£
s - [ - t• 'V�,��:����R`� ��. +,�"9'G k y�� ". # ^�°,� '�+.� -}`.."#i - t�C' •f� '_ 9 � � t - -s Z r
- �J /+x t� S,F ,�," 1 � !'L -�•� � �['r. y4�l+w 4 { d - .�- -
-, ,. _ � } � � - , `` - ,ni S `r'".-.' ,jam:�� •'► }
i � �
4
A
e - •
1
40
lilts r:a � + • "�• ' .r,{� �;
•
0y V
- t"' � /�, '.� f�s ti, P• --. ky• '- � Y.�tY -!� � r �l�-��y ,`r, �..- � -- a.k _ 1 9 a
+Fv
't'4 �•< �' �r •�y� kfF� -,*, �r r~� �` r
-lil
"fit �k � ��_ _,r--�• � d � .._.Yt�..et_. .sa. t �� �x'�j'�` ; � �.
Submitted at the IWB Meeting
i. -
Date. /-3 /0 Agenda Item No_.. '' .• .1A
�`p A' Fr ,
-.aV -. � ��.Y..�iG - _ r'1, {L �C+�4: di. 74 � ♦ -
A-1-
CABLE HUSTON
CAM .. rIUS1L`1r. BLN LDt (=r i1,"%AG! SEN LIOYD L1l' . At iGR?-1f'15
MEMORANDUM
Submitted at the IWB Meeting
TO: Intergovernmental Water Board B ,�
y:
FROM: Clark Balfour
Date: ._..:�3—/ Agenda Item No.:
City of Tigard, Special Legal Couns�.
DATE: February 13, 2013
RE: Proposed Water Service Agreement
Attached is an initial draft of a new IGA for the Tigard Water Service Area. This is
intended for discussion purposes to explore how the Cities and Tigard Water District will handle
water service going forward. It is not the only model, but this reflects a mode of ownership and
operation from the Tigard perspective.
Among other things,the agreement would provide:
ARTICLE III.
The current IWB Agreement would terminate prior to the current expiration date of Dec
31, 2018.
ARTICLE IV.
The City of Tigard would own all water system assets, whether within the City or
without. The Cities of Durham and King City as well as Tigard Water District would transfer
and convey all ownership right title and interest to COT.
ARTICLE V(1)(3)(5).
In consideration of COT assuming ownership, COT would have all obligations and
responsibilities to construct, repair, replace, operate and maintain the system. Water would be
provided to all citizens in the TWSA on the same terms and conditions with uniform rates by
customer class.
ARTICLE V (1)(3)(5)(6)(7).
COT is fully responsible to acquire and maintain water supply for the Parties. This
would include all state and federal permits and requirements. As part of this, COT will provide
all demand planning and forecasting.
Page 1
\\NetappOl\prolaw_docs\24512\24512 004\747004.doc
ARTICLE V (8).
Budget and proposed rates would be prepared by COT around February of each year for
review and comment. The COT Council would adopt the budget and rates as part of COT
processes under applicable law.
ARTICLE V (9).
Rates to cover capital, operation and maintenance and the like would be built on cost of service
principles under AWWA manuals or other accepted utility ratemaking practices.
ARTICLE VL
COT will obtain all rights to use of the rights of way of King City, Durham and
Washington County held by the transferring parties. While there is no legal requirement, COT
would pay a fee for use of the ROW to Durham and King City. The fee would be on water sales
within those Cities but not include amounts charged for capital construction secured by the rates.
ARTICLE VII.
Annexed areas will be served.
ARTICLE VIII.
If a Party wishes to withdraw,it may do so upon notice. It may purchase from COT
those distribution only system assets within its boundaries. It may not obtain any transmission or
storage assets regardless of location. At that point the Withdrawing Party would either execute a
wholesale purchase agreement with COT or find its own source.
ARTICLE VIII (2).
Purchase of the identified assets would be original cost new less depreciation plus the
proportionate share of any debt against the water system assets as of the date of withdrawal.
ARTICLE X.
Connection to the system, standards regarding use, development requirements (as they
relate to the water system) and other system related requirements would be those adopted by
COT. Permits would be issued by COT and all fees and charges would be billed and collected
by COT.
OTHER PROVISIONS.
Article IV—Termination
Article XI—Dispute Resolution
Article XII—Indemnity
Article XIII—General Provisions
Page 2
\\Netapp01\prolaw_docs\24512\24512.004\747004.doc
Distributed to IWB Members j---8-/3 _
Via: E-mail C Mail ❑In-person at meeting DRAFT
Preliminary Discussion
New IGA regarding Water Service
This Intergovernmental Agreement Regarding Water Service (Agreement) is made by
and between the Tigard, a municipal corporation, the Durham a municipal corporation, the City
of King City, a municipal corporation and the Tigard Water District, a domestic water supply
district. d z
� o
I. Recitals f D
WHEREAS, effective July 1, 1993,the Cities of Tigard, Durham and King City
withdrew the area and water system infrastructure within their boundaries from the Tigard Water
District. In lieu of the division of Tigard Water District assets as provided by 222.540, each of
those Cities and Tigard Water District entered into an Intergovernmental Agreement for the �I
Delivery of Water Service to territory within the then existing District boundaries (IWB
Agreement); and,
WHEREAS, the IWB Agreement provides, among other things, for Tigard operation and
management of the entire water system wherever located and that all users within the Tigard
Water Service Area would obtain service at the same rates and on the same terms and conditions;
and
WHEREAS,the IWB, Agreement also provided for participation by the Parties through
an Intergovernmental Water Board to make recommendation on various issues to the Tigard City
Council; and
WHEREAS, Tigard has provided all services under the IWB Agreement since its
effective date and the existing IWB Agreement expires on Dec 31, 2018. The Parties desire to
terminate and cancel the IWB Agreements prior to the current expiration date and to replace it
with this IGA whereby the Tigard assumes complete ownership of the water system within the
Tigard Water Service Area(TWSA) along with the obligations set forth herein; and being fully
advised
NOW,therefore the Parties agree as follows:
II. Definitions
City of Tigard, shall mean the City of Tigard, an Oregon municipal corporation (Tigard)
City of King City, shall mean the City of King City, an Oregon municipal corporation(King
City)
City of Durham, shall mean the City of Durham, an Oregon municipal corporation(Durham)
DRAFT
Tigard Water District, shall mean the Tigard Water District, a domestic water supply District
organized and operating under ORS 264 (TWD)
Tigard Water Services Area(TWSA), shall mean the area of the Tigard Water District, as it
existed on July 1, 1993, the effective date of the IWB Agreement and as set forth on Ex. 1,
attached and incorporated by reference.
Water System Assets shall mean all Water Systems facilities, appurtenances, real property and
personal property used in pumping, storage, transmission and distribution of potable water within
the TWSA.
III. Effective Date
The effective date of this Agreement is and shall continue in perpetuity
unless terminated as provided in Article IX. On the effective date of this Agreement, the IWB
Agreement shall terminate and be of no further effect.
IV. Ownership
In consideration of the assumption of obligations and responsibilities in Article V below,
King City, Durham and TWD grant, convey, transfer and assign all ownership or right, title and
interest in any and all water system assets of whatsoever kind and wherever situated in the
TWSA to Tigard and Tigard accepts ownership AS-IS. The Water System assets are identified
on EX. 2, attached hereto and incorporated by reference. King City, Durham and TWD agree to
execute all documents to effectuate such conveyances as requested by Tigard. Upon
conveyance, Tigard will own 100% of the Water System assets as a municipal utility and the
transferring parties shall have no shared ownership or tenancy in common in any water system
assets.
V. Tigard Covenants and Obligations
Tigard agrees to:
1. Provide all water for the TWSA and shall supply water to King City, Durham and TWD
at the same quality and on the same terms, conditions and price for the same customer
types and classes as exist in Tigard.
2. Tigard will be a direct retail service provider to all users in the TWSA and provide all
customer service, billing, and operation services. The use of the water system shall be
according to ordinances, rules or other standards adapted by Tigard.
3. Tigard has obtained water supply sources and will continue to develop water supply
sources to achieve reliable and redundant supplies for the future demands of the TWSA
including present boundaries, areas annexed and urban reserves. Tigard covenants to
DRAFT
provide water to King City, Durham or TWD so long as they are parties to the
Agreement.
4. Tigard will plan, design, build, finance, operate, maintain, repair and replace the water
system as necessary and recover costs through rates charged to all users in the TWSA.
5. Tigard will develop Curtailment Plan to meet shortages in water supply and curtailment
shall be equal throughout the TWSA so that all users are treated equally.
6. Tigard will be responsible for demand forecasting and planning based on population
information provided by King City, Durham and TWD.
7. Tigard will be responsible for compliance with all federal and state statutes, rules and
administrative processes.
8. Tigard will develop a budget for each year for review by the Cities of King City and
Durham and TWD prior to consideration, review, approval and appropriation by Tigard.
Tigard will present the proposed budget to the governing body of each Party in February
of each year for review. The City Council of Tigard is the sole and final decision maker
on budget and rate matters.
9. Tigard will be responsible for calculation of rates and charges including system
development charges as related to the water system and to adopt rates in accordance with
AWWA M-1 standards, including any system related debt coverage requirements.
10. Tigard will be responsible for conservation programs and planning, PR/Media relations,
public outreach meetings and support and other public messaging.
11. Tigard will perform such other functions as the Parties hereto mutually agree in writing.
VI. Right of Way
1. Tigard shall have the right to use and occupy the streets and roads of King City and
Durham where water system assets now exist or may be placed in the future. Tigard shall
succeed to all rights and obligations that TWD may have for its existing facilities within
any City or County rights of way.
Tigard will pay King City and Durham a mutually agreed fee on for use of City rights of
way. The Parties agree that such payment is mutually agreed and voluntary and that such
payment cannot be imposed on Tigard under existing law. To the extent payment is based on
rates and charges collected by Tigard in each City, any amount within the rates and charges
DRAFT
allocated to debt service for capital improvements shall not be included in the calculation for
payment by Tigard to King City or Durham.
VII. Annexation
Tigard has planned for and will provide water service to areas within existing TWSA
according to anticipated densities under the applicable comprehensive plan and zoning codes of
Tigard, King City, Durham and Washington County. Tigard will also serve areas annexed to a
Party and any designated Urban Reserve. Service will only be provided on annexation to a
Party, unless the health hazard annexation statutory process compels Tigard to provide water
service to the subject property(ies).
VIII. Withdrawal
1. A Party may withdraw from the IGA upon two years notice to all Parties. Withdrawal shall
be effective on date specified in notice, unless the Parties agree otherwise in writing.
2. A Withdrawing Party may withdraw and elect to re-acquire only those distribution system
assets within its boundaries. To the extent a capital improvement was made to the
distribution system, the Withdrawing Party will pay Tigard for that capital cost improvement
as they negotiate. If bonds or indebtedness have been incurred against the water system or
real property, withdrawal cannot occur until the debts have been paid or satisfactory
arrangements to Tigard have been made for payment of the proportionate share of debt.
Where payment is required for capital improvements or debt, the calculations will generally
be original cost new less depreciation plus a proportionate share of financing cost.
3. The Withdrawing Party shall have no right to obtain ownership in any water system asset
outside its boundary or any storage or transmission asset wherever located. A Withdrawing
Party must negotiate with Tigard to re-acquire only distribution system assets within
Withdrawing Party's boundaries. The Withdrawing Party shall not re-acquire any assets
owned by Tigard outside the Withdrawing Party's boundaries.
4. The Withdrawing Party must install master meters at its expense at all connection point(s)
with Tigard water system. The Master Meter shall be the property of Tigard even if paid for
by Withdrawing Party.
5. The Withdrawing Party must negotiate a wholesale water purchase contract with Tigard or
obtain its own source. If the Withdrawing Parties negotiates wholesale purchase contract
with Tigard, then billings will be based on water through the Master Meters according to the
terms of the contract. The cost of the master meter, operations,maintenance repair and
replacement will be included in the rate.
DRAFT
6. If the Withdrawing Party obtains water from another source,then in addition to the Master
Meters at connection points, a Tigard approved back flow device must be installed at the
expense of the Withdrawing Party, unless Tigard approves the other water source, all in
Tigard's in its sole discretion.
7. Thereafter the Withdrawing Party shall be solely responsible for all aspects of its re-acquired
water system. Tigard shall have no further responsibility for supply and shall be completely
released from further obligations under this Agreement, known or unknown.
IX. Termination
Termination may occur for breach or nonpayment. After thirty days written notice and
reasonable opportunity to cure, the defaulting party will be terminated from the IGA. If a Party
is terminated, Tigard may elect to continue to provide direct retail service or elect to sell the
distribution system as provided in Section VIII above.
In lieu of termination, the non-defaulting Parties may elect to place a defaulting party in
suspense status until the breach is cured service will continue to be provided. All costs and other
obligations shall continue to accrue against the defaulting Party.
X. Budget, Billing and Payment
Tigard will develop an annual budget and projected rates in February of each year and
provide to the other Parties or opportunity for review and comment. Tentative rates for all
customer classes will be developed based on anticipated usage and other allocation factors
adopted by Tigard in its discretion. Tigard City Council will consider comments by the Parties as
part of its budget and rates adaption processes with notices to all direct retail customers within
the TWSA as required by law.
The direct retail customers will be billed and pay to Tigard directly for monthly use fees,
SDCs and other fees and charges adopted by Tigard and be governed by all rules, regulations
ordinances and policies relating to the Water System adopted by Tigard.
King City, Durham and TWD will direct all persons seeking connection to the Tigard
water system to conduct all transactions directly with Tigard and all system connections and
other system requirements shall be in accordance with Tigard adapted standards.
XI. Dispute Resolution
A. The Parties hereby agree that resolution of any and all disputes arising out of the terms of
this Agreement or interpretation thereof shall follow the steps as set forth hereunder. The
Parties recognize that a dispute may occur between any combinations of two or more
Parties. The disputants are referred to as "Disputing Parties" or if one such party the
"Disputing Party." Nothing shall prevent the Disputing Parties from waiving any of the
DRAFT
steps by mutual consent.
B. Dispute Resolution Steps.
Step One (Negotiation):
A Party who has a dispute will give written notice to all other Parties setting forth the
reasons for such dispute. Within thirty (30) calendar days following written notice of a dispute,
the Disputing Party(ies) will designate an authorized Representative to negotiate on behalf of the
Party he/she represents and attempt to negotiate a proposed resolution. If the Representatives
negotiate a proposed resolution, the Representatives shall reduce the resolution to writing and
submit the same for approval by the Disputing Parties, subject to approval by the Disputing
Parties' governing bodies if necessary. A resolution so approved shall be binding on the
Disputing Parties. If the proposed resolution is not approved,the Disputing Parties shall proceed
to Step Two.
Step Two (Mediation):
If the dispute cannot be resolved within sixty (60) calendar days of the written notice
required at Step One, the Disputing Parties shall submit the matter to non-binding mediation.
The Disputing Parties shall attempt to agree on a mediator. If they cannot agree, the Parties will
select a mediator through the Rules of the American Arbitration Association's Mediation Service
or such other neutral service as the Parties may agree upon.
Step Three (Legal Action):
After exhaustion of the preceding processes, a Disputing Party may initiate litigation in
the District Court of the State of Oregon for Washington County.
C. Legal Fees. Each Disputing Party shall bear its own legal and expert witness fees at all
stages of the dispute resolution process, including at trial or on any appeals.
XII. Indemnity
A. Subject to the Constitution and laws of the State of Oregon and the damage limitations of
ORS 30.260 to 30.300, each Party shall defend, indemnify, and hold each other harmless
from and against any and all claims, demands, suits, actions,judgments, recoveries,
liabilities, damages, penalties, costs and expenses, including but not limited to reasonable
attorneys' fees resulting from damage to property or bodily injury, including death, to the
extent caused by a Party's breach of this Agreement or the negligent actions or omissions
of that Party, or its employees, servants, agents, or officers elected or appointed. The
indemnification obligation provided in this section shall survive any withdrawal from, or
any expiration or termination of, this Agreement for the duration of any applicable statute
DRAFT
of limitations.
XIII. GENERAL PROVISIONS
A. Rights and Obligations Reserved. This Agreement reserves to each Party and shall not be
construed in derogation of any rights,powers, privileges, authority, liabilities, obligations
and duties set forth in or provided by any previous agreement executed by a Party
relating in any way to the design, development, acquisition, installation, operation,
maintenance, repair or replacement of a radio communication system or any part or
component thereof or property right therein. Each party shall retain responsibility and
authority for operation of its System.
B. Amendments;New Members. Any Party may request changes to this Agreement.
Amendment to this Agreement, including but not limited to a change in the Members,
whether by assignment or an addition, must be proposed in writing and approved by a
vote of the governing body of each Party. The terms and conditions of adding a new
Member shall be as mutually agreed by the Parties and the proposed new member by
written Agreement.
C. Access to Records. To the extent permitted by law, all records, accounts and documents
relating to matters covered by this Agreement shall be subject to inspection, copying,
review or audit by any Party. Upon reasonable notice, during normal working hours,
each Party shall provide the other Parties with access to its facilities for copying said
records at their expense.
D. Public Records.
(i) All records related will be available for inspection and copying under the
provisions of the Oregon Public Records Act, ORS Chapter 192, subject to any
exemptions or limitations on disclosure.
(ii) If a Party or one of its Representatives receives a request for a Water System
related record, the Party shall provide a copy of the request to the other Parties.
The Parties, in good faith, shall promptly undertake the following actions: (a)
search for and collect responsive records in the possession of a Party or its
Representatives; (b) identify possible disclosure exemptions; and(c) seek
agreement among all Parties on how to respond. Absent agreement on other
arrangements, the Party receiving the request shall remain responsible for
responding to the requester.
DRAFT
E. Confidential Information. If a Party considers any portion of a record it provides under
this Agreement, whether in electronic or hard copy form, to be protected from disclosure
under law, the Party shall clearly identify any specific information that it claims to be
"Confidential." A Party receiving a request for a record marked as Confidential shall
notify the other Parties of the request and the date that such record will be released to the
requestor unless another Party obtains a court order to enjoin that disclosure. If another
Party fails to timely obtain a court order enjoining disclosure,the receiving Party will
release the requested information on the date specified. No Party shall be liable for any
records that the Party releases in compliance with this section or in compliance with an
order of a court of competent jurisdiction.
F. Agreement Complete. This Agreement is a complete expression of the terms herein and
any oral or written representations or understandings not incorporated herein are
excluded.
G. Time of Essence. Time is of the essence in the performance of the provisions of this
Agreement.
H. Waiver. No term or provision of this Agreement shall be deemed waived and no breach
excluded unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented.
1. Subsequent Breach. Waiver of any default shall not be deemed a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach and shall not be construed to be
a modification of the terms of the Agreement unless stated to be such through written
approval of all Parties.
J. Rights Reserved. Except as specifically provided herein, each Party retains all rights and
claims that may exist now or in the future against another Party.
K. Notice. Any notice shall be in writing and shall be addressed to the person designated
below. Any notice may be given by certified mail, overnight delivery, facsimile
telegram, or personal delivery. Notice is deemed given when delivered. Email may be
used for notice that does not allege a breach or dispute under this Agreement. The
following contact information shall apply until amended in writing by a Party providing
new contact information to each other Party.
DRAFT
King City
Name:
Address:
Email:
Telephone:
Durham
Name:
Address:
Email:
Telephone:
Tigard
Name:
Address:
Email:
Telephone:
Tigard Water District
Name:
Address:
Email:
Telephone:
L. Partial Invalidity. If any of the provisions of this Agreement are held to be invalid, illegal
or unenforceable, the remaining provisions shall remain in full force and effect. If the
invalidated section is essential to the benefit of the bargain,the Parties will in good faith
negotiate a replacement provision to make the Parties whole to the greatest extent
possible.
M. Assignment. No Party may sell or assign any of its rights or benefits under this
Agreement without approval of the governing bodies of each Party.
SIGNATURES
Agenda Item No.: t[7
IWB Meeting Date: Era., _30 2013
City of Tigard
Memorandum
To: Intergovernmental Water Board Commissioners
From: IWB Recorder Kristie Peerman
Re: Election of the IWB Chair and Vice-Chair
Date: February 5, 2013
The IWB bylaws call for the election of a chair and vice-chair during the board's February
meeting. The chair and vice-chair serve one-year terms. There are no term limits, so the chair
and vice-chair may be appointed to serve successive terms.
An excerpt of the relevant bylaws is attached.
INTERGOVEPJ91U TAL WATER BOARD BYLAWS
REVISED DECEMBER 14, 1994
ARTICLE I: Name of Organization
• Intergovernmental Water Board
ARTICLE II: Mission
• 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.
ARTICLE III: Members
The Intergovernmental Water Board (IWB) will
consist of five members. Members of the Board
will be appointed by the respective governing
bodies as follows:
Tigard - One Member
King City - One Member
Durham - One Member
District/unincorporated Area - One Member
At barge - One Member selected by a majority
vote of the Other Members.
ARTICLE IV: Officers
• The Intergovernmental Water Board shall elect
a Chair and Vice-Chair from its' members.
Election of the Chair and Vice-Chair shall be
held the first meeting in February of each
calendar year.
in the event of a resignation of the Chair,
the standing Vice-Chair shall become Chair on
the effective date of the resignation of the
Chair. The new Chair shall serve the
remainder of the vacating Chair's term. The
new Chair's one year term shall commence at
the first meeting of the next calendar year.
In the event of a resignation by the
Vice-Chair, an election to fill the unexpired
term shall be held at the next available
meeting.
Duties of the Chair:
• Presides over the deliberations of the Board.
• He/She votes on all questions brought before
the Board.
• Has the authority, with consent of Board
Members in attendance, to place time limits on
visitor comments .
Is recognized as the spokesperson for Board
actions and activities.
• Reviews and approves meeting agendas set by
Board prior to the meeting.
Duties of the Vice-Chair:
• Presides over the Board in the absence of the
Chair.
• Performs other duties assigned to the Chair in
the absence of the Chair.
ARTICLE V: Meetings:
• Meetings of the Intergovernmental Water Board
shall be held at a regular time and place set
by the members. Meetings of the
Intergovernmental Water Board are subject to
the open meetings law and are open to the
public. Only issues covered under ORS 192. 650
may be discussed in Executive Session.
Quorums:
• A majority of 3 members shall be considered a
quorum to conduct business. Duly appointed
Alternates count as Members for purposes of
establishing a quorum. In the event that the
elected Chair and Vice-Chair are both absent,
the Members in attendance shall elect a
Pro -Tem Chair for that meeting.
Agendas:
• At the end of each Board meeting agenda,
sufficient time shall be allocated to set the
agenda for the next meeting. Agendas shall be
reviewed and approved by the Chair prior to
mailing. Agendas and supporting material
shall be mailed to Board Members one week
prior to meetings. Information for last
minute agenda items shall be distributed to