HomeMy WebLinkAboutMedford Water Agreement 2000_';.:~
AGREEMENT
THIS AGREEMENT, made and entered into in duplicate this .---~ day of
2000, by and between the City of Central Point, a municipal
corporation o the State of Oregon, hereinafter called the "PURCHASER,' and the City of
Medford, a municipal corporation of the State of Oregon, acting by and through its duly
constituted Water Commission, hereinafter called "VENDOR,' witnesseth:
WHEREAS the VENDOR has surplus water available in its municipal water system
and
WHEREAS PURCHASER desires to purchase surplus water from the municipal
water system of the VENDOR,
NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE TO AND WITH
EACH OTHER AS FOLLOWS:
1.
The Purchaser's primary water supply connections from the Vendor's system are
,through an eight inch (8") connection on Beall Lane, a 10" connection on Hopkins Road,
..and a 10" connectiori on Hamrick Road. The connections are available for utilization on -
_ a year-round basis. All piping and control valves downstream of these master meters
shall be the responsibility of the Purchaser.
2.
The VENDOR o+ivt9~i4a,,ltiid .operates the treatment and transmission facilities which
.:... , .
supply "surplus' water to the' PURCHASER. VENDOR is constantly attempting to
anticipate the water demands of its customers, including the PURCHASER. The VENDOR
needs reasonable accurate forecasts of the future water demand in order to be sure to
have sufficient 'surplus" capacity in these facilities to meet the growth needs of its
customers. Therefore, the Purchaser agrees that at the five-year renewal period it will
convey to the VENDOR a reasonable estimate of its maximum daily demand for the next
five-year period. The estimated maximum day demand for the next five-year period up to
the year 2005 is 6.0 million gallons per day.
Both parties understand and acknowledge that PURCHASER'S estimated demand
is just a forecast and may prove to be too low or that a large industrial or commercial
customer may alter the demands of the PURCHASER. In the event that PURCHASER
becomes aware that it shall exceed its estimated maximum day demand, it shall notify the
Agreement - 1 -
VENDOR with a new estimated demand. The VENDOR will then determine If It has
sufficient surplus treatment and transmission capacity to meet this anticipated demand.
If sufficient capacity does not exist, then the VENDOR shalt provide the PURCHASER with
a time line for meeting the demand.
In the case of an extremely large industrial or commercial user (those who utilize
over 2.d mgd), VENDOR will make a determination whether fumishing that particular user
with Its needed water supply is a rational and intelligent use. of the region's limited water
resources. VENDOR does not guarantee PURCHASER that every large commercial or
industrial users located In its service area will automatically be provided water. VENDOR
will, however, apply the same standard as related to service to larger users evenly across
all the jurisdictions supplied by the VENDOR.
3.
The term of this agreement shall be five years from the date hereof. PURCHASER
may, at its optlon extend the term for three additional five-year periods, which periods
would run through 2040, 2045, and 2020 respectively. Written notice of the election to
exercise afive-year extension of the contract must be given to the VENDOR not later than
January 1 of the year in which the agreement would expire, if there was no extension.
4.
All rules and regulations of the VENDdR or its Board of Water Commissioners
relating to water users outside of the City of Medford as now (n effect, or as the Board of
Water Commissioners of the City of Medford may from time to time prescribe, shalt be
deemed a part of this Agreement and PURCHASER agrees to comply therewith and Its
rights for the supply~of water shall'be governed thereby. No such rules or regulations shall
relieve VENDOR of its obligation to supply water in accordance with the terms of this
Agreement except as may be dictated by Federal and State regulations or other Items
beyond the VENDOR'S control. Nothing contained herein this Agreement shall be deemed
to modify, alter or repeat any such regulations now or hereafter adopted, f URCtiASf~R
acknowledges that Ii has received a copy of all rules and rules and regulations governing
water service of VENDOR relating to water users outside the City of Medford. VENDOR
shalt promptly, upon passage, supply to PURCHASER a copy of any amendments or
additions to said rules and regulations.
5.
PURCHASER agrees that water supplied to its customers is an "urban" service and
should be confined to current or future City residents, industries, or businesses. A current
Agreement - 2 -
map of the Central Point city limits is attached as `Exhibit A." PURCHASER may establish
its own urbanization and outside water service policies based on this premise or may
utilize the VENDOR'S policy. PURCHASER agrees that it will not serve any areas outside
their city limits other than:
(a) Areas within Purchaser's Urban Growth Boundary
(b) Areas within Purchaser's Future Urban Reserve Area; and
(c) Areas within the Seven Oaks Interchange "Area of Mutual
Planning Concern"
all as defined and described in PURCHASER'S Comprehensive Plan, which maybe duly
modified from time to time. PURCHASER also agrees to notify the VENDOR in writing of
all annexations or modifications to any of the boundaries described above.
6.
PURCHASER understands that the current agreement calls for the sale of `surplus'
water from the VENDOR and that by the year 2020-2030, with current growth trends,
VENDOR may completely utilize all of its natural streamflow rights from the Rogue River.
This will mean that the VENDOR will not have sufficient "surplus" water to meet the
summertime demands of the PURCHASER. Additional stored water for municipal and
,,,.industrial uses is currently: available from Lost Creek Reservoir. Even though 20 to 30
years remain before the system utilizes all of its current surplus water, PURCHASER has
developed a "Lost Creek Reservoir Stored Water Acquisition Methodology and Schedule"
which provides for the purchase of Lost Creek Water to meet PURCHASER'S future
summertime demands. This plan.is attached hereto as "Exhibit B,' and by this reference
incorporated hereinBased on PURCHASER'S Water Supply SDC, and with the execution
of this Agreement, including "Exhibit B,' the parties agree that the PURCHASER shall
henceforth, for purposes of VENDOR'S Resolution No. 992, qualify as a city which as
`secured (its) own water right or have a defined contractual obligation to do so "
Prior to the expiration date of the current agreement, the PURCHASER agrees to
purchase or acquire a minimum of the first one-third (1/3} of its 2020 demand. Additional
one-third (1/3) increments will be secured every five years, so that all of the
PURCHASER'S 2020 summertime demands will be obtained prior to 2015. Current growth
and demand projections indicate that the PURCHASER will need 2341 acre feet of water
to meet its 2020 summertime demands. Demand projections will be reviewed by the
VENDOR and PURCHASER on the renewal date of this agreement.
Agreement - 3 -
7.
PURCHASER shall pay monthly to VENDOR for all water thus purchased from
VENDOR at VENDOR'S regularly scheduled rates for water service to incorporated cities
in effect at a particular time. VENDOR reserves the right to change said rates at any time
upon sixty (60) days written notice to PURCHASER. VENDOR agrees to make reasonable
effort to notify PURCHASER annually, at least two months prior .to the end of
PURCHASER'S fiscal year of VENDOR'S opinion as to the need for rate adjustment
during the subsequent fiscal year.
8.
VENDOR has every intention of selling water to PURCHASER as long as
PURCHASER desires to purchase from VENDOR and, in furtherance of that
understanding, VENDOR agrees to negotiate in good faith with PURCHASER for renewal
of the contract. In the event that VENDOR does not renew the contract, then the current
agreement will continue in effect as long as reasonably necessary to allow PURCHASER
to secure other sources of water. However, Section 21 of the Charter of the City of
Medford limits the term of water service contracts to 20 years and, therefore, the
obligations of the VENDOR under this contract shall not, under any arcumstances, exceed
that period. of time:. PURCHASER shall make no assignment of the rights or interests
herein granted without written permission. In the event of any occurrence rendering the
PURCHASER incapable of pertorming under the contr•act,'any successor of the
PURCHASER, whether the result of legal process, assignment, or otherwise, shall
succeed to such right of the PURCHASER hereunder.
...; 9.
}; _ ..
The VENDOR, on Juna~15, 1992, passed Resolution No. 710 adopting a Water
Curtailment Plan for the VENDOR'S service area. Section IV and V of this plan calls for
the curtailment of water use by all types of customers using water provided by the
VENDOR during periods of drought or emergency. The City of Medford's Water
Curtailment Plan is hereby incorporated into and made a part of this contract by this
reference. During emergency or drought periods, the VENDOR shall give the
PURCHASER as much advance warning as possible prior to curtailment of water supplies.
The level of curtailment will be determined by the VENDOR based on the severity of the
proposed shortage. The PURCHASER should be responsible for enforcing the curtailment
plan in its service area.
F~greement - 4 -
10.
It is further understood and agreed by and between the parties hereto that this
agreement is conditioned upon the faithful performance by PURCHASER of all terms and
provisions hereof, which, on its part, are to be kept and performed and any failure to do
so or any default which is not remedied within ten days after the mailing of written notice
from VENDOR to PURCHASER specifying the particulars of the alleged default, shall give
the VENDOR the right to discontinue furnishing water as herein provided and the
VENDOR may, at its option, terminate this agreement. Notwithstanding the foregoing,
PURCHASER shall not be deemed in default hereunder if the default is of such a nature
that it cannot be remedied within 10 days and PURCHASER proceeds in good faith to cure
such default.
11.
In the event any suit, action or other proceeding is brought with regard to this
Agreement, or to enforce any of the provisions hereof, the prevailing party in any such
suit, action or other proceeding, or any appeal therefrom,-shall be entitled to reasonable
attorneys' fees.
IN WITNESS WHEREOF,. the City of Central Point has caused this Agreement to
be_executed in duplicate by its duly authorized officers and City of Medford, acting by and
-•.;. through Its-.Board of Water -Commissioners, has caused the same to be-executed in
duplicate by the Chair of said Commission and its City Recorder, all on the day and year
first above written.
CITY OF CENTRAL POINT,..,
1. _. .
-~G
TAayor
Re d r
CITY OF MEDFORD
BY AND THROUGH ITS
BOARD OF WATER COMMISSIONERS
Cher /I
ity Recor~~
Agreement - 5 -
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EXHIBIfiA
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CITY OF CENTRAL POINT
LOST CREEK RESERVOIR STORED WATER
ACQUISITION METHODOLOGYAND SCHEDULE
Provided below is a discussion on the methodology and schedule to be used by the City of
Central Point (City) for the purchase of stored water in Lost Creek Reservoir, and associated
water right acquisition.
INTRODUCTION
Beginning in 1945, the City of Central Point (City) has obtained its domestic water from the
Medford Water Commission (MWC). The water is obtained from the MWC on a °surplus° water
agreement basis (i.e. the MWC will supply water to the City if a surplus amount of water exists in
their water supply, treatment, and conveyance system). The MWC has estimated that they will
have enough existing water supply (utilizing existing water rights on the Rogue River and Big
Butte Springs) to meet the water demands of their customers (which includes the City) until at
least the year 2030.
To prepare for the time when the MWC's °surpius° water supply is depleted (i.e during future
year peak summer demand periods projected to begin in the year 2030), the MWC has
requested its `other aty" customers to obtain water rights for and purchase stored water from
Lost Creek Reservoir. The stored water would then be released from the Lost Creek Reservoir
to the-Rogue River, where it would be withdrawn by the MWC at their Robert A. Duff Water
Treatment faality for treatment and then distribution into the MWC's domestic water conveyance
system: "The MWC has requested that by the year 2020, that the City should obtain enough
stored water to meet its estimated summer period 5-month water demand (i.e. ttose water
demands from May-to September) projected for the year 2030;10 years in advance of the
beginning for the need of the water.
Anticipating the need to secure a future water supply source, the City in November 1994 began
collecting a water supply systems development charge (SDC) from new development The
purpose of the water supply SDC was to generate funds necessary to purchase the Lost Creek
Reservoir stored water to addres~'ttje increase in water demands on the City's domestic water
system (and in tum, the MWC's water source) which is attributed to continuing development in
the City. Currently an SDC of $337.00 per equivalent meter unit (which equates to a typical
single family residence) is collected. As of July 1, 2000, the City's Water Supply SDC fund is
projected to have a balance of approximately $443,400.
The purchase price for stored water from Lost Creek Reservoir is $674.13 per acre foot,
according to Mr. Mike Posovich of the Army Corps of Engineers (ACOE). Mr. Posovich and
other ACOE personnel have indicated that the price is not expected to change over the life of the
reservoir. There is currently an annual operation and maintenance charge for the stored water
of approximately $16.00 per acre foot, which has historically been declining over time. The
methodology for the purchase of Lost Creek Reservoir stored water assumes that the purchase
of Lost Creek Reservoir stored water would be made utilizing SDC funds, and the annual
operation and maintenance costs associated with the stored water would be funded from the
City's water utility fund.
City ojCentra! Point
Lost Creek Water Purchase Methodology and Schedule Page 1 oj3
HISTORICAL SUMMER DEMAND PERIOD WATER CONSUMPTION
The MWC has specified that the City obtain the necessary water rights and Lost Creek
Reservoir stored water to meet the summer demand period beginning in the year 2030 (the
summer demand period spans a 5-month period which occurs from the beginning of May to the
end of September). To determine the average per capita consumption rate during this 5-month
summer demand period, staff utilized the City's historic water consumption and estimated
population for the past five years (1995 to 1999). As illustrated in Table 1, over the past 5 years,
the average total acre-foot per capita consumption during the 5-month summer demand period
has ranged from 0.106 to 0.117 acre-feet/capita, with a 5-year average of 0.1117 acre-
feet/capita.
POPULATION AND SUMMER PERIOD WATER DEMAND PROJECTIONS
As of July 2000, the City is projected to have a population of approximately 12,200. The City has
been working with the Rogue Valley Council of Governments (RVCOG), the Center for
Population Research and Census of Portland State University (PSU), and the Oregon Education
Association on determining population projections for the City. The City recently revised its
projections to reflect actual annual growth rates being experienced. Working with staff from
RVCOG, PSU, and OEA the population projections were revised on a regional basis, but are still
considered by the City's planning staff to be somewhat low for the City. The revised population
projections project only a 2.31 percent growth rate through the year 2025, and then falling below
2 percent for the years beyond 2025. Based on historic population growth trends, current and
projected near future development plans, and on the amount of undevelopedlunderdeveloped
residential lands within the City's Urban Growth Boundary, the City's Planning Department has
estimated-that growth will continue to occur a# an annual rate of approximately 5 percent through
the year 2005, and then grout at a slower rate of approximately2 percent annually thereafter.
These growth rates were applied to the City's current population,_and the projected City.
populations {at five year intervals) and are presented in Table 2 for the period between Year 2000
to Year 2030, and in Table 3 for the period between Year 2030 and Year 2050.
As illustrated in Tables 2 and 3, the summer period demands from the Year 2000 to the
Year 2050 were projected utilizing the City's historic summer period 5-year averaged
consumption rate of 0.1117 acre,feeUcapita, and the City's population projections. The
estimated summer period demand for the year 2030 is projected to be approximately 2,854 acre
feet; and the estimated summer period water demand for the year 2050 was estimated to be
approximately 4,241 acre feet.
An allowance of approximately 1 million gallons per day was added to the projected Year 2030
summer period demand as a °safety factor" to account for additional residential demand
because of changes in population growth or water usage, and to provide an allowance for the
development of a relatively large water user industry in the City. This equates to an approximate
17 percent safety factor in addition to the projected Year 2030 summer period water demand, for
a total projected Year 2030 5-month summer water demand of 3,325 acre feet.
An allowance of approximately 2 million gallons per day was added as a °safety factor" to the
projected Year 2050 summer period demand, again to account for additional residential demand
because of changes in population growth or water usage, and to provide an allowance for the
development of a relatively large water user industry in the City. This equates to an approximate
City ojCentra! Point
Lost Creek Water Purchase Methodology and Schedule Page 2 oj3
22 percent safety factor in addition to the projected Year 2050 summer period water demand, for
a total projected Year 2050 5-month summer water demand of 5,180 acre feet.
SCHEDULE FOR OBTAINING WATER RIGHTS AND PURCHASING LOST CREEK
RESERVOIR STORED WATER
The City desires to secure an adequate water supply for its residents and customers well in
advance of when the MWC °surplus" supply is exhausted. The City must also indicate to the
Army Corp of Engineers a sincere interest and investment into the stored muniapal and
industrial (M&I) water of the Lost Creek Reservoir. However, it is in the City's best interest to put
off purchase of the stored water until the latest date to avoid paying ACOE's annual maintenance
and operation costs for the stored water. This would minimize the undue burden put on the
City's residents and water customers for these costs when the water demand does not warrant
the immediate purchase of the water.
As a balance the City has planned to purchase the stored water in Lost Creek Reservoir
beginning in July 2005. The purchase schedule presented in Table 4 illustrates that the City
could continue to make purchases at 5-year intervals and will have made enough stored water
purchases by the year 2020, to have enough total stored water to meet the estimated Year 2030
5-month summer period water demand (i.e. 10 years in advance of the need). Table 5
illustrates that after 2020, the City could continue to make purchases on a 5-year interval and
have purchased by the year 2050 over twice the amount of summer period water demand
needed, should the stored water be available for purchase.
The City will apply to the Oregon Water Resources Department for water rights for the stored
_: water a minimum of 7 months in advance of the planned purchase. Currenfiawonly allows an
applicant for water rights to obtain the water right a maximum of 6 months in advance of the
purchase. This should allow sufficient processing time for the water right application, so that the
waterright can be secured priortopurchase: _ ._ _ :..,
Because growth in the residential, commercial, and industrial sectors of the City, and per capita
consumption can change over time, the City will update the methodology and purchase
schedule on an annual basis, depending on SDC revenues collected, water needs determined,
and population and industrial growth experienced in the City. The City will continue to monitor
the activity that occurs regarding other cities or interested parties in obtaining the remaining M&I
water allotment stored in Lost Creek Reservoir. If conditions warrant, the City could potentially
(by Counal action) accelerate purchase of the stored water utilizing water supply SDC funds or
by use of other funds from the City's reserve fund, water utility funds, and/or through the use of
revenue bonds. However, as per our recent discussions with Army Corp of Engineers
personnel and other potential °users' of the stored water, there are presently no current interests
in purchasing any major portion of the remaining amount of M&I water allotment stored at Lost
Creek Reservoir.
City ojCentra! Point
Lost Creek Water Purchase Methodology and Schedule Page 3 oj3
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Table 4
Clty of CentYal Pofnf
Projected Lost Creek Stored Water Purchases
2005 to 2020
Estimated
SDC
Revenue
Estimated
Interest
Revenue
Estimated
Total
Revenue
Projected
Fund Balance Total
Annual
Stored Water
Available
acre-feet
Year
Fund Balance July 1,1999 $ 365,300
July 1, 1999 to June 31, 2000 $ 56,400 $ 21,700 $ 78,100 $ 443,400
July 1, 2000 ro June 31,2001 $ 59,200 $ 17,700 $ 76,900 $ 520,300
July 1, 2001 ro June 31, 2002 3 62,200 $ 20,800 $ 83,000 $ 603,300
July 1, 2002 to June 31, 2003 $ 65,300 $ 24,100 $ 89,400 $ 692,700
July 1,2003 to June 31, 2004 $ 68,600 $ 27,700 $ 96,300 $ 789,000
July 1, 2004 ro June 31, 2005 $ 72,000 $ 31,600 $ 103,600 $ 892,600
Purchase 1300 acre feet on July 1, 2005 $ 887,500 1,300 2005
Estimated Fund Balance Juty 1, 2005 $ 5,100
Juty 1, 2005 to June 31, 2006 $ 73,400 $ 200 $ 73,600 $ 78,700
July 1, 2006ro June 31, 2007 $ 74,900 $ 3,100 $ 78,000 $ 156,700
Juty 1, 2007 ro June 31, 2008 $ 76,400 $ 6,300 $ 82,700 $ 239,400
July 1, 2008 ro June 31, 2009 $ 77,900 $ 9,600 $ 67,500 $ 326,900
July 1, 2009 to June 31, 2010 $ 79,500 $ 13,100 $ 92,600 $ 419,500
Estimated Revenues Juty 1, 2005 to June 31, 2010 $ 382,100 $ 32,300 $ 414,400 $ 419,500
Purchase 610 acre feet on July 1, 2010 $ A18,750 1,910 2010
Estimated Fund Balance July 1, 2010 $ 2,750
Juty 1, 2010.toJune31, 2011 $ 81,100 $ 100 $ 81,200 $ 83,950
July T; 2011 to'June 31, 2012 $ ' 82,700 $ 3,400 _
$ 86,100 $ 170,050
July 1, 2012 ro June 31, 2013 $ 84,400 $ 6,800 $ 91,200 $ 261,250
July 1, 2013 ro June 31, 2014 $ 86,100 $ 10,500 $ 96,600 $ 357,850
July 1, 2014 to June 31, 2015 $ 87,800 $ 14,300 $ 102,100 $ 459,950
Estimated Revenues July 1, 2010 ro June 31, 2015 $ 422,100 $ 35,100 $ 457,200 $ 459,950
Purchase 660 acre Teet on July 1, 2015 $ 450,500 2,570. 2015
Estimated Fund Balance Juty 1, 2015 $ 9,450
Juty 1, 2015 to June 31, 2016 $ 89,600 $ 400 $ 90,000 $ 99,450
Juty 1, 2016 ro June 31, 2017 $ 91,400 $ 4,000 $ 95,400 $ 194,850
July 1, 2017 to June 31, 2018 $ 93,200 $ 7,800 $ 101,000 $ 295,850
Juty 1, 2018 to June 31, 2019 $ 95,100 $ 11,800 $ 106,900 $ 402,750
Juty 1, 2019 to June 31, 2020 $ 97,000 $ 16,100 $ 113,100 $ 515,650
Estimated Revenues July 1, 2015 to June 31, 2020 $ 466,300 $ 40,100 $ 506,400 $ 515,850
Purchase 755 acre feet on Juty 1, 2020 $ 514,625 3,325 2020
Estimated Fund Balance July 1, 2020 $ 1,225
Table 5
Cfty of Central Polnt
Protected Lost Creek Stored Water Purchases
2020 to 2050
Estimated
SDC
Revenue
Estimated
Interest
Revenue
Estimated
Total
Revenue
Projected
Fund Balance Total
Annual
Stored Water
Available
acre-feet
Year
Estimated Fund Balance Juy 1, 2020 $ 1,225
Estimated Revenues Juy 1, 2020 to June 31, 2025 $ 514,800 $ 42,100 $ 556,900 $ 558,125
Purchase 815 acre feet on Juy 1, 2025 $ 555,125 4,140 2025
Estimated Fund Balance Juy 1, 2025 $ 3,000
Estimated Revenues Jury 1,2025 to June 31, 2030 $ 588,300 $ 46,900 $ 615,200 $ 618,200
Purchase 900 acre feet on Juy 1, 2030 $ 612,500 5,040 2030
Estimated Fund Balance Juy 1, 2030 $ 5,700
Estimated Revenues Juy 1, 2030 to June 31, 2035 $ 627,700 $ 52,500 $ 680,200 $ 685,900
Purchase 1000 acre feet on Juy 1, 2035 $ 680,000 6,040 2035
Estimated Fund Balance Juty 1,2035 $ S 900
Estimated Revenues Juy 1, 2035 to June 31, 2040 $ 693,300 $ 57,800 $ 751,100 $ 757,000
Purchase 1100 acre feet on Juy 1, 2040 $ 747,500 7,140 -2040
Estimated Fund Balance Juy 1, 2040 $ 8,500
Estimated Revenues Juy 1, 2040 to June 31, 2045 $ 765,400 $ 64,600 $ .830,000 $ 839,500
.Purchase 1200 acre feet on Juy 1, 2045 $ 815,000 8,340 2045
Estimated Fund Balance Juy 1, 2045 $ 24,500
Estimated Revenues Juy 1, 2045 to June 31, 2050 $ 812,200 $ 108,500 $ 920,700 $ 945,200
Purchase 1375 acre feet on Juy 1, 2050 $ 933,125 9,715 -2050
Estimated Fund Balance Juty 1, 2050 $ 12,075