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HomeMy WebLinkAbout2842 OURCA IGA ORDINANCE NO. ~'-' AN ORDINANC AUT.ORIZ NG AN INTERGOVERNMENTAL AGREEMENT CREATING THE OREGON UTILITY RESOURCE COORDINATION ASSOCIATION INTERGOVERNMENTAL AGENCY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Declaration of intent. The City of Ashland, Oregon, by and through its elected mayor and council, intends to create the Oregon Utility Resource Coordination Association Intergovernmental Agency (OURCA ICA) pursuant to ORS 190.003 through 190.265 by an intergovernmental agraement (Agreement) with the following parties: the City of Ashland; Clatskanie People's Utility District; Columbia River People's Utility District; Emerald People's Utility District; Eugene Water & Electric Board; the City of Forest Grove, Water & Light Department; McMinnville Water and Light Commission; Northern Wasco County People's Utility District; Springlfield Utility Board; and Tillamook People's Utility District (each of which is referred to individually as a "Party" and collectively as the "Parties"). A draft of the Agreement is attached as Exhibit A. SECTION 2. The effective date of the Agreement is August 15, 1999. SECTION 3. The public purposes for which the OURCA ICA is created is to use any authority vested in the OURCA ICA to further the economy and efficiency of each Party by the purchase, sale, generation, transmission, distribution, interchange or pooling of electrical energy and capacity among the Parties or with others. SECTION 4. To carry out its public purposes, the OURCA ICA shall have the following powers, duties and functions, in addition to those specified in ORS 190.003 through ORS 190.265: A. To arrange scheduling and dispatching of power, energy, capacity or transmission for the account of a Party or the OURCA IGA; B. To purchase power, energy, capacity, assets, generation facilities, transmission or ancillary services for the account of a Party or the OURCA IGA; c. To sell power, energy, capacity, assets, generation facilities, transmission, or ancillary services for the account of a Party or the OURCA IGA which is not needed to meet the loads of the Party or the OURCA IGA; D. To negotiate or advocate for power, energy, capacity, assets, generation facilities, transmission or ancillary services for the account of a Party or the OURCA IGA, including related administrative and legal proceedings; Page 1 - ORDINANCE F:~USER~PAUL~ORD~.OURCA Ordlnance.wlxl E. To study the most economic and efficient procurement of power, energy, capacity, assets, generation facilities, transmission or ancillary services for the account of a Party or the OURCA IGA; F. To perform the administration and accounting of all payments and receipts related to the purchase and sale of power, energy, capacity, assets, generation facilities, transmission, or services for the account of a Party or the OURCA IGA; G. To adopt such bylaws, rules, regulations, and policies as the Parties deem necessary to further the purposes of this Agreement; H. To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to ORS 288. 945; I. To exercise all powers pursuant to the applicable acts, charters or law of the individual Parties which are necessary or desirable to economically and efficiently develop and operate the OURCA IGA. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the and duly PASSED and ADOPTED this ~' day of Barbara Christensen, City Recorder day of ~ day of ~ SIGNED and APPROVED this ,1999. Paul Nolte, City Attomey Council Chairperson ,1999, ,1999. Page 2 - ORDINANCE F:~USEI;~PAUL~)RD~OiJRCA Ordlnance.wl3d 08/30/00 ~'5032243092 C.~,BL; IIUSToN ~]002/016 IWI'ERGOVEI~ME~ AGREEMENT CREATING OREGON UTILITY RESOURCE COOI~DINATION ASSOCIATION INTERGOVRR.NMENTAL AGENCY THIS INTF.~C-O~AL AG~EHT CRF-.~TING THE OREGON UTILITY RESOURCE COORDINATION ASSOCIATION INTERGOV'ERNlVl]~ITAL AGENCY (Agreement) is entered into by a~d between the following parties: th= City of Ashland, a municipal corporation of the State of Oregon (Ashland); Clntskani¢ People's Utility District, an Oregon peopl.'n utility district (PUD) formed under ORS Chapter 261 (Clatskanio PUD); Bmerald People's UtiliW District, au Oregon PUD formed under ORS Chapter 261 (Bmerald PUD); Eugene Water & Eleclric Board, a municipal utility of th= State of Oregon (BWI~); the City of McMi~ville, a municipal corporation ofihe Slate of Orelo~, acling by and through the McMinnville Water and Light Commission (MW&L); Nor~hcrn Wasco County People's Utility Dislrict, an Ore$on PUD formed unde~ ORS Chapter 261 ['Northern Wasco PUD); a~d Tillamook People's Utility District. an OreEon PUD formed under ORS Chapter 1261 (T/llarnook PUD) (each of which is referred to here~ individually as a "Pan'y" and collectively as the "Pa~ies"); · ~ RECITALS: A. WtHiREAS, the Parties hereto are authorized ~o enter into this A~reeraent crealiug ~he Oregon Uiility Resource Coordination Association Inter~ove~m~e~tal Agency (OURCA IGA) pursuant to their respective principsl acts, char~, and ORS 190.003 to 190.265; B. WHEREAS, each of the Parties operates a consumer-owned electric utility in the State of Ore, on and is authorized to purchase, ~enetate, transmit, distribute, s~ll and interchange electric energy within and without their individual boundaries; C. WHERBAS, the Ps.~ie~ intend to further the economy and efficiency of their respcctive consumer-owned clectrlc utilities by forming th~ OURCA IGA; D. WHEREAS, pursuant to ORS 190.010, the OURCA IGA may perf0rm any or all functions and activities that a Party to this .~ent, its officers or agencies, has the authority ~o perform; E. WHEREAS, the Parties intend by this Agreement to set forth the paznmeters, terms, nnd conditions purs~i_n.t to which ~he OUP. CA IGA will act; F. ~, the Parties intcnd to use any authority vested in the OUF. CA IOA to fuzther the economy and efficiency of each Party by the purchase, sale, generation, transmission, -1- '0$/~a.o/00 15:15 '~'$032243092 CABLE HUSTON ~003/016 ; distribution, interchange or pooling of cl~hical energy and capacity ~nong the Parties or with others; ~. Wt~R.EAS, each of the Parties has taken all actions required unde~ applicable acts, charters and law .to authorize the execution and performance of this Agreement; NOW, TI,.]HR.EFOR.E, ~ PARTIES agree as follows: OURCA IGA 1.10URCA ICA. ~ is hereby c~atcd the O~gon Utility l~,esoorce Coordination Association lntorgovemme~tal Agency, refemxl to herein as the OURCA IGA. The pmfies to the OURCA ICA are Ashlsnd, Clatakanie PUD, Bmerald PUD, RWI~B, MW&L, Nor~l~rn Wasco PUD, and Tillamook PUD. 1.2 Effective Date. Tho off~otiv~ date of this A~re~nent is S~pt~mber 9, 1999. 1.3 General Power. The OD'RCA IOA ~ have tho following powers, in addition to those specified in ORS 19~.0R3 to ORS 190.265: 1.3.1 To an'ange scheduling and dispatc~ of power, energy, capacity or transmission for the account of a Party, Parties or the OD'RCA IGA; 1.3.2 To purchase power, energy, capacity, assets, aeneration facilities, transmission or ancillary services for the account of a P~cy, Panias or the OURCA IGA; 1.3.3 To sell power, energy, capacity, asn~, generation facilities, transmission, or ancillary services for the account of a Party, Pa~-s or the OD'RCA ICA which is not needed to meet the loads of the Party, Pmies or the OD'RCA IOTA; 1,3.4 To negotiate or advocate for power, energy, capacity, assets, generation facilities, uausmiasion or ancillary services for the accotmt of a Party, Parties or thc OURCA IGA. including administrative and legal proceedings related thereto; 1.3.5 To study the most economic and efficient procurement of power, energy, capacity, assets, generation facilities, mmsmission or ancillary services for the account of a Party, Parties or the OURCA IOA; -2- * 05/3~0/00 1.5._:16 '~'5032243092 CABLE HUSTON ]~004/016 !.3.6 To perEoxm thc -dm;~istration and accounting of-il paymemts and receipts relatod to thc purchase and sale of power, enu~sy, capacity, assets, Smeration £acflifies, transmission, or services for the account of a Perry, Pm'ties or the OURCA IOA; 1.3.7 To adopt such bylaws, rules, regulations, and policies es thc Parties deem necessary to further the purposes of this Agreement; 1.3.8 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebteclness, includin~ the power to issue remmue bonds under Ol~ 288.805 to OP~ 288.945; 1.3.9 To exercise all powers pursuant to the appUcable ~ct~ chmters or l~w of tho individual Parties which ere necess~y or desirable to economically end efficiently develop end operate tho O1.TRCA IGA. 1.4. M~tings. MeetinEs of the OX]RCA IOA ~ bo conducted hi accordance w/th the provisions o£the Oregon Publ/c Meetings Law, OES 192.610 to 192.?I0. 1.5 Offices. Thepdncipalo~icc~oftheOURCAIGAsh~nbelocatedat 1001 S,W.F/flh Avenue, Suite 2000, Portland OR, 9?204, do Cable Hutton Benedict Hsagonsen & Lloyd, LT~. 1.6 Budgettug. T~. Board shall pravidc for an immal work plan and an estimate of exparmes for the next fiscal ycer. N~ Pm~cy shall provide h-kind sc~ices to further the purposes of the OURCA IGA es each Perry deans necessary or desirable. Such in-kind $ervice~ shall not be r~imborsed fi'om the OUI~CA IGA or other Pm'des, unless otherwise agreed. 2.1 Board of Director~. Tho OUF. CA IGA shall be governed by a Board of Dit~tors (Board). The Soverning body of e~ch Patty shall appoint one (1) ~pmsmtativc to the Board and one (1) alternate representative. An alternative rcpr~un~o shall agt in a Board capacity only during 'the absence of that Paz'cy's .rel~re~mtetivo, l~epresentatives and alternate raprm~ntatives shall -3- __ ~/3o/oo 15.:1~ '~'$032243092 CABI.,~ HUSTON ~005/016 serve et thc pl~sur~ of their rev~e~livo govcrni.s bodics. In tho avant of a vacancy, the governing body of the Party shall appoint a successor. 2.2 Officers. After the effective date of this Asreemem, the Board shall elect f~om its membc~'ship a President, a Vic~ President, and a Secr~ry/Treesurm (collwtivdy, the "Officers") who shall serve a term consisting of the rcmsinde~ of 1999 and the following calendar year. Thcresfler, annually, at the beginning off each calendar year, the Bonni shall elect from its membership Officers who shall sm'ye a tettn et'elm (1) yam:. Officers shall nerve at the pleasure of the Board or until their successors shell be appointed and take office. 2.2.1 D~ttes of President. The President shall preside at all meetings ofthe OURCA IGA and shall submit such recommendations and information as she or he may determine appropriate to discuss at the OD-RCA IOA meeting. The President shell perform the duties and responm'bilities of the OURCA IOA in accordance with the obligsfions and ltmitati~ms set forth in this A~menC The Presidenl shall otherwise not hold herself or himself out to have thc authority to bind the members of thc OUF, CA IOA to any financial or othe~ obligations. 2,2.2 Duties of Vice President. The Vice President shaH perform the duties of the President in thc absence or the incapacity of the P~nideut. In the case of the resignation or the dcath of the Preslde~t, the Vice President shah perform thc duties et'the President until such time es the Board shall elbct a new President. 2.2.3 Seoremry/Tresmarer. The Secretmy/Tteasuter shall keep thc minutes and the official records of the OURCA IGA md perform ~uch other duties required of a Sec~tary/Treasurer. The Sec~tnry/Tresmmsr shell bc responm'ble for the fiscal ndmi~iStlration of all funds of the OUKCA IGA. The Sccrata~flTreasurer and either the President or tho Vice President shall ~ct as co-signers of checks drawn upon the accounts of the OURCA K]A. The Secretary/Treasurer may dei~te the adt-i,~i,trative ftuminns of her or his office to anothar person or persons who need not be on the Board. 2.2.4 Additionsl Duties. The Oflicms of the OURCA IGA _sh,~ p~rfonn such other duties and functions as may from tim~ to time be required by thc OL1RCA IGA bylaws, or other rules and regulations. 2.3 Executive Committee. The Board amy establish an l~xeeutive Ctnwmi+~ee tha~ will be comprised of the three Officers and two additional Boeni mmnbers. The Executive Committee shall have the ditties, res!~msibilifies and a tram. all as detm-mined by the Boa~! fi'om time to -4- --- '08/~0..._/[~ 15:17 '~$032243092 CABI.~ I~kTSTON ~006/018 2.4 Voting Rights. Bxcopt u otherwise expresslyprovided in this A~reement, the Bonni shall exercise its voting fights in the following m~nner: 2.4.1 Quorum. A majorRy of the Board shall cons~mte a quorum for the ~-ansaction of business. 2.4.2 General Adminb~ntive ObUptions, Except as provided in Sections 2.4.3 and 2.4.4, general ndmin~t~a~ve obligations et ~eti~tie~ required to meet legal requirements or policies related to the existence of the OT.TRCA IOA or i~ operations may be acted ~ by a majority Vote of tho Board. C.~leral adnlinisl~ive obligations or agti~itias ii. Jude, bttt ~ not limited to, thc ole~ion of officers, cxenpliance with the Oregon Public Meetings Law, ORS 192.610 to ORS 192.710 and lzr~psmtion ofen annul work phm. Each Partes npporfioned share of the general ad~in~stratiw obligations or activities shall be determined in mxxmianc~ wi~h following Cost AU~calion Methodology. lqtty percent (50%) of costs are _-~,-_,~d equally among all Parties. Twenty-five percent (25%) of oosts shall be based on tho ratio of a Party's r~tail electri~ty sales in terms ofmegawatt hews ~s compared to the total OLTRCA IGA Pa~ies' ~ztail olectticit~ sales in terms ofmegawalI hollrs. Tho remair~ing twenly=fivo pel~.~nt (25%) oi'costs shall be based on the ratio of a Pa~y's ~ electricity revenues as compared to tho total OI.TRCA IGA Panics' retail electricity revenues. The Board will update the application of the Coat Allocation Meth..o~. _o~y upon th.e, entry or exit of any Paw/from the OURCA IGA or ai least annually. The in~fi~Coat Allocation Methodology, and the resulting percentage allocated to each Party, is attached as Bxln'bit A. 2.4.3 Employment of Staff or Consultants. Bxce~t as provided in Sections 2.4.2 and 2.4.4, the employment of staff or consultants, including th~ hirh~ and terminating of n~y staff, employees or consultants, shall require the authorization of the Board pursuant to the following two voting mechanisms: (1) A majority vote of the Board; and (2) A majority vote of the BOard, with each Board zalm=sentative's vote equal to tho percentage allocated to each P~ as specified in ~he Cost Allocation Methodology attached in Exlu'bit A. Each Party's apportioned share of arnp]oyment related expcnsea shall be determined.in accor~=n_.,ce with the Cost Allocation Methodology. The Board may delegate thc employment of staffor consultants, including the hiring and te~dzmting of any atafK employees or consultants, to ano~cr pa~on or pcxaons, upen a majority vote of the Board, with each Board representative's vote equ,l to th~ pereenta~e allocated to each Par~y as specified in the Cost Allocation Methodology attached as Exhibit A. 2.4,4 Procurement of Goods and Services and the Issuance or Sale of Bands, Securities or Other FoFmS of Indebtedness. Bxc~t as pro~ided in Sections 2.4.2 and 2.4.3, the procuremcsat of*goods and services, including but not limited to the purchase of generation facilitiu and powe~ supply conlracts, and th~ ina~ance or sale ofbollds, seomiti~s or other forms of indeb~edneas, including but not limited to the iastumce ofrevcuue bonds under ORS 288.805 -5- -. ~05/30/~ 15:17 '~503224~092 CABLE HUSTON ~007/0~6 to ORS 288.945, X~luires the affilmafiv¢ authorization of each individual Party to bo botm~ such authorization to b~ expressed by ~zsolution, o~dina~ce or other binding commiim~t of the Psrtyts governing body. Parti~ I~Ot affirmatively authorizin~ such a~tions ,hsl_l in no instances be liable. The procurem~t of seeds and services shall be performed by lmsolution or sapara~ agreemem which specifies (1) the appo~/onment of fees, costs, or revenue derived r,o/u the flmctions and activities; ~ (2) the manu~ in which such rc~mue shall bo accounted for. Such resolution or separate a~eneat may or may not involve the participation of the OURCA IGA, however, such l~rticipation of the 0UI~CA IGA shall not create liability for a Party that has not ,~,mativcly authorized such action. 2.4.5 Voting By Proxy. Any Board r~presentative may vote by proxy, provided thst the proxy power is granted to the p~xy voter in writing ~,d the effective proxy period is specifl~L 2,4.6 Voth~g In AbseutiL Any Bo~m/reprcsmlative may vote in absentia by telephone or in va/tinL incb~a~g by f~.~imile. Any written vote in absentia must bo received prior to the meeting ~t which the vote is to occur and must bo signed by the Board representative. 2.5 New Parties. The Boa~d may authorize a new Party to join the OURCA IGA if approved by 2/3 vote of the Board. 2.6 Insurance. Th~ OURCA IOA shall provide for adequate insurance to cover the directo~, officers, employees, staff, a~ents nnd act/vi~ies undet't~ken by the OURCA IOA. 2,7' Conflicts. The OURCA IGA shall not take an advocacy position in administrative or legal proceedin~ which posilion con,filets with the position ~ken by any individual Party. Parties shall notify the OIYP-,CA IQA of m~' such potential conflio~. TERbl AND TERMINATION 3.1 Term. t~xccpt as expre~lyprovided, the term ofthi~ Agreement aludlboperpetunl, unless by a uonnltoous vote the Boaa:l acts to dissolve the OUR.CA IGA. 3.1.1 Dissolution. Upon dissolution, each Pan'y to the OURCA IGA on the date of disaolutica shall remain liable solely for its individual shsr~ of say OD'RCA IOA a~panditoro that has been specifically incurred by the Pm~y in accordance with the ten-ms of this A~reement or by other resolutions or separa~ aireements of the Paz~y. Upon dissolution, the assets of the -6- __ '05/30~00 15:16 '~50322¢3092 CABLE HUSTO~ ~008/0Z6 O~RCA ~GA ~ be dist~but~ to tho members on the b~i~ o£the ri~t~ ~ obli~,tions of each Potty to the assets held ns of the date of the dissolution. 3.2 Voluntary Withdrawal by a Party. Any Pafly may elect to tmminat= their participation in this Agreement and withdraw fl~m the.OURCA IOA by giving written notice to the President ned e~ch member of thc OURCA IGA. Withdrawal shall be effective fen'y-frye (45) days the date of notice. The withdr-awin~ Pnn'y shall continue to pay its apportioned share of; or be responm~ole for, any debt atm~outsble to that Party inctured prior to the Party's wri~len notice of withdrawal, end shall hold hn~mless tho remnining Patties and the OUI~CA IGA for those financial respo,~s~ilities and obligations attn'butable solely to the withdrawing Pm'ty. 3.3 Xnvoluntnry Withdrawal of a Party. By a :?,/3 vote of the Board, any Party may be requested to withdraw from the OURCA IGA aud r~inq~ish the~ powe~ and duties under this Agreemmt. The President of the OURCA IGA shall notify such Party by wri~an notice addressed to that Pafly. Unless as otherwisg agt~d by a 2/3 vote of the Board, termination of the Party is effective foray-five (45) days fi-mn the date of notice. The withdrawing Pafly shall continue to pay its appoflioned sha~c of, or be responsible for, any previously incurred debt pm~suant to Sections 2.4.2 and 2.43 that is attributable to that Party as of the effective dam of the withdrawal, and shall hold h~rtnless the ~emalnins Paflies for those financial responsibilities and obligations at~ibu~le solely to the withdrawing Party. DISPUTE RF~OLUTION 4.1 Dispute Rmolution. If a dispute arises between the Parties or between the OURCA IGA and the Parties regardh~ breach of this Agreement or intmpretation of any ~'m of this Agreement, the Pnflies ~ ~ attsmp~ to ~solvo the dispute by negotiation, followed by bindh~ m;oitration if negotiation fails to resolve the dislmte~ 4.1.1 Negotiation. The Board Membe~ or other persons desigoated by esch of the disputing Paflies will negotiate on behalf of the Psl~ies they represent. Tho m~ro of the dispute shall be reduced to writing and shall be presented to each of tho disputin~ Paxties who shall th~ · meet and altennpt to resolvo the issue. Ifthe dispute is resolved at this step, theroshallbe a written determination of such resolution, si~ned by each disputing Petty and tariffed by the OUI~CA ICA which shall be binding upon the Parties. 4.1.2 Binding Arbitration. If the dispute csn,~ot be resolved by negotiation within forty-five (45) da~, the pafli~ ahll submit th~ malter to biuding mbitrmion. The Pazties shall att~npt to e~"ee on an arbitrator. If they cnnnot agrc~ upon an arbitrator within ten (10) days, the -7- '05/30/00 l$:l& ~'5032243092 CABLE RUSTON ~009/018 Parties shall submit the roarer of dctenninin$ an arbilrator to the Presidin~ Judge of the Marion County Ci~uit CourL The cammon costs of the arbitration shall be bor~¢ eq~ly by the Parties. Bach Party must he~r its individual costs and fees. 5.1 This Ail'cement, oth~ than Sections 1.7, 2.4, 2.5, 3.2, 3.3, and 5.1 may be amended upon majority vote of the Board ~md ~l~.t! be prepared by mutual written agrccment of th~ Pmies, signed by all of the Pa~tie~. Sections 1.7, 2.4~ 2.5, 3.2, 3.3, mad 5.1 ofthls Agreement may be amended only upon the aff~ulativc authorization of each Party. GElq~RAL FROV1SIONS 6.1 Mer~er. This Agreement embodie~ the entire a~eemmt ~! understandin~ between the P~ies rel~6,~g to the furmalion of the OURCA IGA hereto sad supersedes sll pri~r agr~nen~s 6.2 SeverabilRy. In csse auy one or more of the pwvisions contained in this Agreement should be invslid, illegal, or unenforceable in say ~ the v~lidity, leselity, and enfowe~bility of the rcmainin~ provisions contained herein shall not in any way be affected or impaired thc~-eby. 6.3 Notice. Any noti~ herein t~uired or l~dticd to be given ~ be siren in writing, shall be effective when actual~ rcr, eived, snd may be given by hand ddivery or by c~i~ed mail, first class postage prepsid, addressed to th~ Psrties ~s follows: C~=al City of Ashlmd D~pm~ment of Blectric Utilit/e~ City H~ 20 Rest Ashland, OR General Managn' Clatakanic Peoples ut/lity District P.O. Box 216 Clatak~ie, OR97016 Bmerald People's Utility District ~7~~t Seavay Loop Rood Eusenc. O1~ 97405 -8- ~05/30/00 15:16 '~'5032243062 CABL~ HUSTON 010/016 C.~n~r~i M~tS= McMim~ville Water & Light 855 Ma~h Lane McMinnviHc, OR 97128 General Mm~er Northern Wasco People's Utilit~ D/~rict P. O. Box 621 The Dalles, O1~ 97058 Tillnmook People's Ul/lity Distr/ct P. O. Box 433 Tillamook, OR. 97141 6.4 Counterparts. This AS~ement m~y be executed in any number ofcounMrpam and by the psrties on s~mite co~nterpM'ts,, shy role of'which 8h811 constitute all a~ b~tw~ and smon~ th~ Parties. Date:~ ecsc Utilities C,-reg Booth, Ggaend M~n~ger Cla~amie Peoplds Utility Distrid Date: Shields, C, ueul l~naSer Emerald Pooplds Utility District Ra~ly Berssrm, ~ lvhn~r Eusene Watc~ & Electric Bom-d Edward J. Gormley, Mayor and Ex-Officio Memb~ of the McMinnville Water & Light Commission Da~:_, -9- ~ 1B:19 ~'B032243092 CABLI~ ITilSTON ~Oll/O1B ~8/30/00 General Man~= McMinnville Water & Lisht 855 Ivian~h I. eno McMiunville, OR 97125 C,~ral Manager Northern Wasco People's Utility District P. O. Box 621 Tho Dalles, OR. 97058 General Manager Tillamook People's Utility District F. O, Box 433 Tillamook, OP- 97141 6,4 Counterparts. This Agzeemont may bo executed h~ any number of counterpam and by tile parties on separate countmparts, any one of which shall constitute an agreement between and among the Parties. 6.5 IN WITNESS WHEREOF, the Pnrties have executed this Agreement by tho date sct forth opposite their names below. Date:.. City of Ashl~d ~1'. . ~ Date:~ Mayor end Bx-Offioio Member of the Mc_~innville Water & Lil~ht Commi-~ion '9- .... 15:19 '~032243092 CABI.~ I1USTON ~o12/o16 Oenoral Ma~gor McMianvill= Wat=r & Light 855 Marsh Lane McMirmville, OR 97128 Gen~d M~aser Northern Wasco People's Utility District P. O. Box 62I The Dalles, OR 97058 TiUamoolr People's Uiility Di~ict P. O. Box 433 Tillsmooir. OR 97141 6.4 Counterparts. This Agro~__ _ellt may be executed in any amnber of cou~t~rparm and by the parties on separate counteaparts, any one of which shall constitute an agreement I~ WITNESS WI'It!I~OF, the Pm/i~s have executed this Agreg~mt by the date sei forth opposite their nam~ b~low. Date: ~ City of Ashland a D~l~arim~t of BlOc Utilities Clatskanie People's Utility Dislrki Date: _ ~d People's Utility Dist~ct Date: Mayor minx-Officio lvi~J~gr of the McMinnville Water & Ligl~t Commission Date; -9- .__~,05/30/00 15:19 ~'$032243092 CABLE HUSTON ~013/016 STATE OF OREGON ) County of ) SIGNED OR ATTESTED before me on this Edward $. Gormley. '~'~', day of ~.~-I~- .1~9, by ~,~...~o~ ~ . . My COmmission Expires: ...... Northern Wasco People's Utility District Date:_ _ T~eo le's-"Utility District Date: -10- 15:20 "~50322¢3092 C.,~,~].,~ ~'-cTS~O~ ~016/016 '0~/30~/00 __~'0~/30/00.~. 15:~9 ~$03224~092 CA~I.~. HUSToN STATE OF OR,~GON ) )ms, County of SIOI~P.D OR ATTEST]iD bafo~ me on this Edward ~. Gonuley. _ day of _ ,1999, by No~hern W~.o People's Ut/I/ty D/~tr/ct Tillamook People's (Jtility ~c~ ~/iatynnn Noln,u. Date: -10- · 08/$O/O0 '~$032243092 CABLE HUSTON [~015/016 STATE OF OREOON ) )ss. County of ) SIGI~D OR Al'rESTED before me on this Edward I. Gormley, _ dayof Northern Wasco People's Utilit~ District Title:, My Comm/ssion Expires: Date:~ Tillamook P~plSa Ul/lity District Da~: .. 10-