01/25/1999 - Packet FILE COPY
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pwNwd 1-25-99.agn
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS MEETING
NOVEMBER 23, 1998
Members Present: David Strauss, Gretchen Buehner, John Haunsperger (arrived late), Beverly
Froude, Norm Penner
Members Absent: None
Staff Members
Present: Mike Miller
1. Call to order:
Norm Penner called the meeting of the Tigard Water Board of Commissioners to order at 7:08 p.m.
on November 23, 1998.
2. Roll Call/Introductions
All members present.
3. Visitors Comments
There were none.
3. Approval of minutes
a. September 28, 1998. Minutes were not available.
b. October 26, 1998. Minutes were not available.
4. Intergovernmental Water Board Update
There was no update. The next Board meeting was scheduled for December 9.
5. Utility Manager's Report
• Mike advised the Board that he had filing information for the March 1999 election, mentioning that
John,Norm and Bev were up for re-election.
• Mike distributed an update on the Menlor Reservoir. He reported that the reservoir was on line
with some data system work left to be done and the paving and planting in progress.
• Mike reported that they were still scheduled on December 15 to receive the reports from Murray
Smith&Associates on the Willamette River and from the City of Portland on the Bull.Run. He said
that they knew that Portland's proposal did not include any new major facilities in the Bull Run
watershed but rather focused on short term transmission. He said that Portland was confident that
conservation would get them through to 2050.
Tigard Water District Board -November 23, 1998 Page 1
Mike reported that he and the Water Conservation Program Coordinator met with Portland staff in
October to discuss the South Shore wellfield on the Columbia River with regards to status of
capacity and contamination. He referenced his memo detailing the conversation. He reviewed the
contamination found in the Blue Lake and Troutdale aquifers, noting the Portland was monitoring
those wells. He noted that Portland has had contamination in the wellfield for the past 10 years. He
mentioned that the wellfield was designed for a capacity of 105 million gallons per day (mgd)but
was currently at 69 mgd due to contamination concerns.
Norm asked if this would restrict Portland's ability to provide water over the long term. Mike
explained that the wellfield was originally intended as an emergency backup only but Portland was
now planning to blend 20-30 mgd from the wellfield with Bull Run water during the summer months
in order to alleviate the taste and discolored water problems that they ran into late last summer when
they drew down the Bull Run reservoir too low. He mentioned that Portland had an aggressive
wellhead protection program and 60 monitoring wells (which would be updated next spring).
Gretchen expressed concerns regarding potential earthquake damage to the Bull Run system from
low intensity earthquakes. Norm agreed that there was a high potential that a natural disaster would
cut off Portland from Bull Run, mentioning the difficulty Portland had with the 1996 flood. Mike
reviewed Portland's work to alleviate the slide problem, including installing a fourth conduit.
Bev asked if Portland was still talking about filtering to address the turbidity and other problems.
Mike said that Portland's contingency plan included building a water filtration plant but the plan to
augment the Bull Run water with well water could postpone the plant for a while. He mentioned
environmental and fish concerns that impacted how Portland handled the situation.
Bev commented that what she heard Mike saying was that Portland would submit an incomplete
report on December 15 that included no new major facilities in the watershed, only transmission
lines, and would not provide sufficient information on which a layman could make a decision. Mike
commented that a layman might interpret the report as Portland having plenty of water.
Mike reviewed the concerns that staff had with the report so far, mentioning lower estimates for
long term peak day demands at 2050 than Tigard gave to Portland. He noted the shift in Portland's
review to consideration of a regional water system and their use of old water consumption records
from the Wolf Creek Highway Water District for their Westside estimates. He commented that
while those records might work for that portion of the Tualatin Valley Water District, Tigard's
tracking of its water consumption showed what the true consumption was for their area. He
mentioned Portland's projected growth in the Tigard water service area from 43,000 to 58,000 by
2050, a low number that worked to Portland's advantage. Bev commented that Metro has admitted
that its growth projection figures were not accurate, as proven during the Western Bypass study.
Gretchen reiterated the concern that the Portland report would contain sufficient errors to prevent
anyone from making an informed decision. Mike mentioned that he and Ed Wegner would not
officially review the Portland and WWSA reports. Instead a committee of four employees from
various jurisdictions would review the report in an effort to bring objectivity to the evaluation.
Tigard Water District Board -November 23, 1998 Page 2
The Board discussed the probable reaction of the Citizens for Safe Water Committee. They agreed
that the committee should be encouraged to hire their own experts (preferably people with
credentials and current knowledge in the field)to review the report. They discussed strategies for a
public relations campaign to advise people of the misinformation floating around and the
misinformation contained in the Portland report.
Mike mentioned that Portland staff did not agree with Mr. Sten's ideas of a new dam and treatment
plant because of expense and lack of buy-in from the Eastside. He noted that Portland changed its
statements to encouraging conservation and minor transmission fixes in order to have sufficient
water in the Bull Run. Norm pointed out that people living in an area where it rained all the time
were not going to conserve water. Mike concurred, and reiterated that Tigard's projections showed
that their peak day demand in 2050 would be 26 mgd. He said that Portland was using a much
lower number.
Mike mentioned the potential for a significant increase in costs, noting that Portland could not give
them a fixed cost for water under this proposal. He pointed out that Portland's rate calculations
provided them with a moneymaking machine.
Mike confirmed that Portland's wholesale business represented 40% of their sales. Gretchen noted
that Portland charged their wholesale customers considerably more than they charged their internal
customers. The Board discussed making the public aware that at some point in the future, they
could end up paying 25%to 30%more than Portland's internal retail customers paid. Mike said
that currently Portland charged $1.10 to its residential customers while Tigard charged $1.32 to its
residential customers.
Bev spoke to Mr. Sten presenting his modified position at another public hearing, especially if the
message has changed that significantly. The Board concurred.
The Board discussed the Wilsonville situation that might send them to the Willamette River anyway.
• Mike presented the preliminary analysis on the Willamette River monitoring program. He pointed
out that out of the 170 inorganic and organic compounds tested for, they detected only 17 above the
minimum detection levels. He said that the one organic compound found in August was not present
in the September sampling. He reviewed how the filtration process would either remove or dilute
contaminants so that they were below detectable levels at the tap.
Norm mentioned an argument that he thought should be made regarding the Willamette River:
people routinely drank Willamette River water now and showed no side effects from doing so. He
pointed out that the people who used the river every summer for recreation purposes also had no
"exotic" medical conditions traceable to the Willamette. He spoke to making it clear that the
pollution of the Willamette started at the upper end of Portland. Bev agreed with the need to clarify
exactly what part of the river was under discussion.
The Board discussed strategies for a media campaign to inform citizens regarding the facts,
especially that Portland's water would no longer come solely from the Bull Run and that it was not
"pure"water. They noted that cost might not be a consideration for many.
Tigard Water District Board -November 23, 1998 Page 3
6. Non-Agenda Items
John distributed a letter received from Andrew Jordan. He reported that there has been no activity
since this letter and the matter was still up in the air. The Board discussed the possibility of a
lawsuit with Gretchen reviewing a possible course of action on the plaintiff's part. They discussed
how they could get the"rightful share" from those who benefited but never contributed.
7. Set next meeting date
The Board discussed when to schedule their next meeting. Mike said that the Board would receive
the same information as the Intergovernmental Water Board. He said that staff hoped to get the
evaluation in time for a presentation to Council in January but he was not certain, although the
target date for a Council decision was late April or early May.
Dave moved to schedule their next meeting in January. John seconded the motion.
Gretchen expressed concern at not meeting until January 28. Bev suggested combining their
meeting with the IWB meeting scheduled for January 13.
Dave amended his motion to move that the Board not meet in December. John seconded the
motion. A voice vote was taken with Norm, John, Dave, and Bev voting yes and Gretchen
voting no.
The Board agreed by consensus to meet with the IWB on their next scheduled meeting, tentatively
January 13.
8. Adjournment
Norm adjourned the meeting at 8:20 p.m.
Tigard Water District Board -November 23, 1998 Page 4
TIGARD WATER DISTRICT
INCOME STATEMENT & BALANCE SHEET
As of December 31, 1998
INCOME STATEMENT
Accounts FY BUDGET Prior Y-T- D Monthly Y-T- D
REVENUES
1% PY Water Sales Revenue 9,300.00 0.00
Interest Earned 1,500.00 1,158.57 100.04 1,258.61
Recovered Expenditures 0.00 0.00
Total Revenues 10,800.00 1,158.57 100.04 1,258.61
EXPENDITURES
Professional Services 3,580.00 162.00 162.00
Contractual Services 5,000.00 0.00 147.00 147.00
Special Department Expenses 1,300.00 0.00 0.00
Office Supplies & Expenses 0.00 0.00 0.00
Advertising & Elections 4,300.00 0.00 0.00
Dues & Subscriptions 1,010.00 476.00 476.00
Travel Food & Lodging 650.00 0.00 0.00
Education & Training 400.00 0.00 0.00
Insurance 2,000.00 0.00 70.00 70.00
Contingency/Reserve 2,700.00 0.00 0.00
Total Expenditures 20,940.00 638.00 217.00 855.00
BALANCE SHEET
ASSETS
Cash & Investments 0.00 39,222.57 (116.96) 39,105.61
Net Fixed Assets 0.00 0.00
Total Assets 0.00 39,222.57 (116.96) 39,105.61
LIABILITIES & FUND BALANCE
Liabilities 0.00
Accounts Payable 0.00 0.00
Due Other Funds 0.00 0.00
Total Liabilities 0.00 0.00 0.00 0.00
Fund Balance
Fund Balance 35,000.00 38,702.00 0.00 _ 38,702.00
Excess of Revenues/(Expenditures) (35,000.00) 520.57 (116.96) 403.61
Total Fund Balance 0.00 39,222.57 (116.96) 39,105.61
Total Liabilities and Fund Balance 0.00 39,222.57 (116.96) 39,105.61
g:\Excel\TWD\Montbly\94-5isbsxls
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OLLIG = i'=_ SONS INC® "it--,,
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P.O.BOX 14130 PORTLAND,ORE.97293-0130
January 8, 1999
INSURANCE REVIEW
Prepared for
TIGARD WATER DISTRICT
Underwritten by: Special Districts Insurance Services
Policy term: January 1, 1999 to December 31, 2000
I. PROPERTY
$ 5,000 Business Personal Property
Located: 13125 SW Hall Blvd., Tigard, OR
$ 100,000 Construction Equipment - Rented/Leased
$ 25,000 Extra Expense
Perils Insured: Risks of Direct Physical Loss subject to standard exclusions
(i.e., Power Failure, Flood, Earth Movement, etc.)
DEDUCTIBLE: $250
II. LIABILITY
$ 500,000 General Liability(Includes Directors & Officers)
III. BUSINESS AUTO
$ 500,000 - Non-Owned& Hired Auto Liability only
IV. UMBRELLA
$2,000,000 Excess Liability
TD
(.. Nil” IF You DON'T KNOW INSURANCE, KNOW YOUR AGENT
PHONE:503/232-9141 1-800-488-4153 FAX:503/233-3040 bolliger@juno.com
Insurance Review
TIGARD WATER DISTRICT
Page 2 - 99/00
V. CRIME
NO COVERAGE PROVIDED
VI. INLAND MARINE
NO COVERAGE PROVIDED
VII. BOILER & MACHINERY
NO COVERAGE PROVIDED
VIII. WORKERS' COMPENSATION
NO COVERAGE PROVIDED
IX. BONDS
Underwritten by: Western Surety Company
Policy Term: August 22, 1998 to August 22, 2001
$2,000 Highway Permit Bond
X. MISCELLANEOUS
NO COVERAGE PROVIDED
****THIS IS MERELY A REVIEW AND SHOULD IN NO WAY BE CONSTRUED AS
REPLACEMENT OF THE POLICY. PLEASE REFER TO THE POLICY FOR COMPLETE
INFORMATION AS RESPECTS CONDITIONS,EXCLUSIONS AND COVERAGES****
SPECIAL DISTRICTS
app INSURANCE SERVICES RECEIVEDasEn
�—
r`
JAN 0 4: 1999
COVERAGE INVOICE RISK MANAGEMENT
December 4, 1998
Invoice Number: 99G54211
District Agent of Record #641263
Tigard Water Dist Bolliger & Sons Inc.
13125 SW Hall Blvd. PO Box 14130
Tigard, OR 97223 Portland, OR 97293-0130
Coverage Effective: January 1, 1999 to December 31, 1999
COVERAGE DESCRIPTION TOTAL PREMIUM
General Liability $ 505
Automobile Liability 0
Non-Owned Auto Liability 120
Automobile Physical Damage 0
Non-Owned Auto Physical Damage 0
Excess Liability Premium 600
Property Coverage 287
Property Flood Endorsement 0
Property Earthquake Endorsement 0
Boiler and Machinery 0
Multi-Crime Policy 0
Public Officials Bond 0
Total Premium: $
Multi-Line Credit Applied: No
Help us apply your payment correctly -
please include this invoice
(or a copy) with your check. (PURCHASE
Thank you! OORDER#:
;ACCOUNT#:
t
jAPPROPRIATION
Please Remit to: BALANCE:
PURCH SPECIALIST
SPECIAL DISTRICTS ASSOCIATION OF OREGON }APPROVAL:
P.O. Box 12613 {DEPARTMENT
Salem, OR 97309 P OVAL: J
City of Portland Water
Bureau Proposal for
Expanded Service
Presentation to the
Tigard Intergovernmental
Water Board
January 13, 1998
• 3
CityPortland Water System Plan for
of Portland Water Bureau
Expanded Southwest Service
Proposal for Expanded Service
■A contract already exists with Tigard
effective until 2007.
Presentation to the 'The Portland water system is of very high
Tigard Intergovernmental Water Board quality and backed by a base of
January 13, 1998 experience to operate that system.
•The proposal contains a specific set of
improvements designed to meet Tigard's
water supply needs over the long term.
Portland Water System Plan for Portland Water System Plan for Expanded
Expanded Southwest Service Southwest Service
"'Flexibility of proposal ■Conservation
•Proposed east-west transmission route could •The costs and savings of conservation
be located further south and benefit from programs not included in proposal.
multiple users. ■Assumption of regional commitment.
■Winter use of Portland system ■Refines timing and costs of system
®Added supply increments could include a improvements.
Third dam in the Bull Run.
Primary Issues Addressed by the
Portland Proposal Water Supply Needs Assumptions
■Adequate transmission and storage. ■ Portland water demand forecast is based
•Supply source enhancements utilize existing on actual historical consumption data and
investments and are increased incrementally dimate records back to 1943.
over time. "'Population forecasts were obtained from
'•The projects are implementable in a timet' Metro based on geographic service areas.
manner.
NAII factor for historic reductions due to
Reliable system provides high quality water. conservation have been induced in the
IN Reasonable costs are equitably allocated. forecast.
1
Water Supply Needs Assumptions Water Supply Needs Assumptions
■West-side demand forecasts based on II Forecasts for non-peak season and annual
consumption data for TVWD service area. average use average of all weather years.
■Forel for supply indude estimates to ■Non-peak season average demands used
2050 for peak season and peak day for sizing emergency supply.
(based on hottest weather demands). ■Annual average forecast is used to
estimate revenue flow for financial portion
of proposal.
Portland Water System Plan for
Water Supply Needs Assumptions Expanded Southwest Service
■Demand modeling can accommodate ■Institutional Issues
changes in future demand forecasts. is Proposal does not specify details of
■Over time we can create demand arrangements to supply water.
forecasts for specific wholesale providers ■Specific terms and arrangements can be
based on their consumption data. finalized when Tigard,Wilsonville,and
Sherwood determine source choice and
number of existing and new customers is
known.
■ Portland is already beginning the process to
proceed with negotiating contracts.
Portland Water System Plan for
Expanded Southwest Service Expanded Southwest Service Plan Water
Supply Needs
■Portland is willing to discuss issues of •
ownership and decision making as a part of 1. Peak Season Demand and Supply
contract negotiations.
•Portland anticipates that it should be possible 2. Peak Day Demand and Supply
to complete contract negotiations within-a
year after Tigard and the other new 3.West Side Demand and Supply
customers make their decisions. 4. Emergency Demand and Supply
2
Peak Season Supply
Table 3
PEAK SEASON DEMAND
__ I
_ Table 4 i a.a..e.. I 1
........... 72
•10% Peak S..... .1094 i
Tea. (4111.•.wa.) Desk... OUR.9a9...) 1
(MINI....N...) ....w a..
2606 25.6 29.1 31.21 I...2 'p.,rr.�.r.w H.rs...�.rl >. ! _
4....,
22 It 282 31.3 34.4
1_v. 307 34.2 37.5 { •Into 1..+6w.r0 ss
.,_u .
�
2O.36 31.4 34.9 San PPPPPP.- i3.. 1...6......... 1 ,.
Y+.-9 32.1 35.7 39.3 I - oases aas
0 328 - 36.9 40Dl
1lane1..................e2.
13..6.......s...,..roa i 44.4 1
,mu
PEAK DAY DEMANDS PEAK DAY SUPPLY
Table S
52005
■ Well field Upgrade(304mgd).
-WA WOO) rook 0490.6•46.114.1 .0. ■ Powell Butte II(30mg storage)
2660 ILA 3533 21.6 52010
z1. 25. L72 310" N Phase I Conduit 5(327mgd)
.,. 2771 30.7 33..5
I 52020
V. 716.3 31.1 N39 1
2731 325.5 316.0 N Powell Butte III(30mg storage)
VC 3:337 1 - 2961 3311 363.6 1 III 2030
■ Westside ASR (347mgd)
52040
■ Conduit No.5 (450+mgd)
WEST SIDE SUPPLY
West Side Peak Day Demand Peak Day Supply
Table? a.
52000
■ West Side Capacity(90mgd)
3.11.110 car 9.. W.I. T. ., ,'. 6 ..'.. .`.6 ..to6 ■ WCSL7 Pumped&TVWCI(3WC)
2966 96. 61 13.6 12 93 1.4 su 52001
2914 R-S 7J - 15.1 1.3 • 61 . .J 914 ;1
1029 01.8 u -355 u 31 - u 3043 ■ Wilsonville to Beaverton Pipelines
21ID 03 Li 16.S L9 N.1 '3 113A S 2010
209 203 U 161 1.4 .03 7.7 1113
2157 71.7 U 172 1.4. 33.4 22 1143 5 WCSL II(+60mgd)
■ 150mgd Capacity
3
EMERGENCY SUPPLY
Emerge'icy Demand _ -
Tattles ■2000 Capacity(92 ta 2w11yd)
- ■ Well field 72 to 90mgd
— • TVWD(7WC)10 to 20mgd
■ Other 10 to 20mgd
Naar Avenel*
r... R.e6i".." III2005 Capacity c120 to 160n.
•
■ Well Feld 90 to 100mgd
«• n, 1143 ■2010
.. 2.. 12.E ■7WC(Porttand Connection-
I. 1 N 2020
-A 20. 1442 ■Bull Run Treatment
�eG m :KS ■2030 Capacity(140 to 160Rge)
ase. au 1..., I •Westside ASR 20mgd
■Canyon Leg Conduit No.5
Y 2040 Capaaty(160 to 2B0mgd)
■Eastside ASR 20mgd
Expanded Southwest Service Plan Facility Expanded Southwest Service Plan Facility
Summary
Summary
Table 2
Table 2 --
- T1wlnb.lew and Sten..YnPew._11 ITr M Added Added Cel
!CapacityProject
Sapp., P Allan'
...F.. 1+r 1. tie... tier. C.e Tumble./ Pesten. i 2051130 16
I
Ce.veelsrJilefetin PpeYr 2001 26
Prone aid Tww..tife.....r..0w OCAS aches)
Legere aa.*Se. ragemF 120 211•100 00 PG I 55 ! b Tgrd ®MGD
TPfd teTWferifSnennod 056140
0de�c
0 f. eed ! — .bit Varier n ® eedi
er Gaeron Cen 2010 10-20
rise Onwe.1 eel 1.. 2500 . 11S 1....m.,-,,610+1n1 MGD 5
.Pow.Deb b Beaverton SYidsnyten Co.* 2010 !601AGD le
Teane....10f.. AA no 1000 746G . u1 j 54yeey liw 11(60 ides)
15 6faeoMf...n r. 2656 101000 200 1) ( ;Leg W COMi S 2010 b MGD 15
ee
Me.blwaeeonry, 20b A VG0 2.OG ! 11
910 Run Canyon 1106 of Ce.10A S ON inches) 2020 $
l.ererme ComPefon of Centel 5 2040 150 MGD 66
(6.fides)
Pow.Elting Resen0i 0 2005 50 MGD 25
I Powe.(1../le Pesonoi IS 2020 1 50 MGD 25
Major Supply and Transmission Existing
Cost Analysis Facilities
■ Existing Major Supply and Transmission ■ Facilities indude:
II New Major Supply and Transmission a supply-dams,Headworks and
groundwater system
IIISouthwest Transmission Fadlities a Conduits from watershed
• Terminal storage
4
Major Supply and Transmission Existing Major Supply and Transmission Existing
Facilities:Assumpcor 1s
facilities: Am1mni
■Extension of existing contract pricing
■Costs ■Continuous facility reinvestment
I Operations and Maintenance(O&M) W2%Increase in depreciation and ROI
I Asset depreciation(based on replacement value)
I Return on Investment(ROI) ■O&M cyst increase at 2%Inflation
■Unit Costs
I Total of all costs/total demand
I No differential peaking ratios between customers
Major Supply and Transmission New Major Supply and Transmission New
�arilities _ �ariliriec Assts
■ Dam 1 and 2 raises ■Capital costs
■ New Conduit 5 ■Cost inflated at 2%until construction
•Treatment facilities w Converted to annual debt service
■Well field improvements l 20-year repayment period
1 6%interest and level payments
■ ASR
Major Supply and Transmission New
Kaci{itis-Oss imnfi Southwest Transmission Facilities
MOM costs
■Fixed costs vary-0.25%to 5.00%of ■ Wilsonville-Tualatin Pipeline
initial inflated construction cost ■ Beaverton-Tualatin Pipeline
■Variable cost change with demand It Washington County Supply II
■Fixed and variable cost increase at 2% for
inflation
■Unit costs-annual total cost/total demand
5
Southwest Transmission Facilities: Southwest Transmission Facilities:
Assumptions Assumptions
`mom
■Capital costs ■Distribution of costs based on
■2%Inflation until construction design capacity requirements of
■Converted to annual debt service each community.
125-year repayment period
1 6%interest with level payments
■ O&M costs
■0.25%of inflated construction-
not induded
Portland Water System Plan for Expanded
Total Cost Summary Southwest Service
■Existing Major Supply and Transmission ■Summary
iThe Portland water system can expand to meet the
■+ New Major Supply and Transmission needs of Tigard and other new southwest customers.
■+Southwest Transmission Facilities The proposal assumes high service reliability,
including emergency backup,and makes
improvements to reduce system vulnerability.
II The projects in proposal can be implemented and
are backed up with other potential improvements
(e.g.a third dam).
Portland Water System Plan for Portland Water System Plan for
•
Expanded Southwest Service Expanded Southwest Service
---
NI Cost of providing Portland water service Is reasonable "More analysis and detail can be provided.
and based on equitable cost distribution. s Portland welcomes discussion about supplying water
Q Portland recognizes Tigard and other wholesale for duration of existing contract and over the longer
customers want role in selecting system improvements. term.
II Actual costs and rates need refinement through
contract negotiation.
IN Some facilities in the proposal could be financed
directly by those using fadrnies.
6
ist Per Unit for Existing Supply and Transmission Facilities
Cost Per Ult
for E 4stirig aipp y S Trarsrni ssi on F acili ties
$1.60
$1.40
i 61.20
$100 -
$0.80 -
$0.00 -
2000 2010 _ 2020 2030 2040 2150
Figure 1
Peak Season Supply
with Incremental Enhancements
Compared to
Demand During Driest and Average
Weather Conditions
50
Supply
45 u eGSid.ASR
fai
u B0
u West Side ASR
v 2.6 BG Treatment
35 OMI
a
25 .r. ._., .M... z
<N� •
20 x _
roC3
i�av
15
2000 2010 2020 2030 2040 2050
Years
lit Costs of Systemwide Additions to Supply and Transmission
Unit Costs of System/4 de Addt ons
1r Supply and Transn i scion System
$1.00
u. $0.80
U
V
x $0.60
ss
v
.°11s $0.° kmsmsM20501assual
water ksdmsrt ptert air,.
$0.00
2300 2010 2323 2330 2340 3350
• •
WILLAMETTE RIVER
WATER SUPPLY SYSTEM
PRELIMINARY REPORT
Intergovernmental Water Board
Presentation •
January 13, 1999
PROJECT OVERVIEW
.
9 Certainty of Supply for Participants
o Demand and Capacity Needs
o System Components - Size and Location
o Permitting
o System Reliability
o Endangered Species Act
O Water Quality
o Willamette River Raw Water - Take Another Look
o Treatability
o Drinking Water Standards
• Present
• Future
O Costs
o Initial
o Financing
o Operation and Maintenance
o Long Term Financial Impacts
• ' 1 LLAMETTE R VER WATER SUPPLY SYSTEM
SUPPLY SYSTEM COMPONENTS
• River Intake & Raw Water Pump Station
• Water Treatment Plant
• High Service Pump Station
• Finished Water Transmission Main
• WILLAMETTE IVER WATER SUPPLY SYSTEM
CAPITAL COSTS
O City of Tigard's Costs
o Construction: $34.7 million
o Contingencies and Other Factors: $5.5 million
o Project Cost: $40.2 million
O Total Project Cost: $92.3 million
• How far does this $40 million investment take the
Tigard water service area?
• WILLAMETTE RIVER WATER SUPPLY SYSTEM
g Percent Certainty of Costs o
— 0 0 C)
Pr 0
n
mi M
I4 -22. ao
PR
rm73
at> :•
9 . p `< C
fil '< y
C 0 (7;i cD
iv
rp
4
0
�
7 V7 c)
7
0
ffP z
3
SCHEDULE
•
O Tigard's New Supply Could Be Complete in 2002
o Decision to Proceed Spring 1999
o Financing in Place Mid 1999
o Biological Assessment Complete Mid 1999
o Wetland Delineation and
Mitigation Efforts Initiated Mid 1999
o Permit Applications Submitted Mid 1999
• Implementation Issues
o Governance
o Project Development
o Project Financing
o Further Detailing Technical Issues
• WILLAMETTE RIVER WATER SUPPLY SYSTEM *
SUPPLY SYSTEM RELIABILITY
O Reliability
o Floods
o Turbidity
• 1996 Flood Events
• Recent Storms
- Joint Water Commission
- City of Corvallis
o Power Outages
o Water Quality
WILLAMETTE RIVER WATER SUPPLY' SYSTEM •
PREVIOUS RAW WATER MONITORING SHOWED
THE RIVER IS SUITABLE AS A WATER SOURCE
•
O 1994-1996 -- TVWD Monitoring
O 1991-1995 -- UGSG Monitoring
O Potential for Organic Contaminants a Concern
• WI L LAMETTE RIVER VE WATER SUPPLY SYSTEM
TIGARD BEGAN UPDATED RAW WATER
MONITORING IN JULY 1998
•
O All SDWA Regulated Contaminants
• EPA Contaminant Candidate List
O All Pesticides and Herbicides Detected by USGS
S
Anywhere in Willamette Basin
• 25 Suspected Endocrine Disrupters
WILLAMETTE RIVER WATER SUPPLY SYSTEM •
a 1-
RESULTS OF FIRST FOUR MONTHS
CONSISTENT WITH PAST RESULTS
•
O No Detects in 2 Sets of Low Flow Samples
0 64 Semi-Volatile Organics
O 19 Acid Extractable Organics (Phenols)
O 15 Herbicides
o Diquat, Paraquat, EDB, DBCP
O 14 Organophosphorous Pesticides
O 41 Nitrogen and Phosphorous Pesticides
O 64 Volatile Organics
O 30 SDWA Regulated Pesticides
o Dioxin
• WILLAMETTE R I VER WATER SUPPLY SYSTEM
MAY BE NO DETECTS OUT. OF 170 ORGANIC
CHEMICALS ANALYZED
• Simazine (1 .7 ug/L) Detected by Montgomery Labs
Method
O Not Detected by 2 EPA Methods in Same Water
Sample
O Not Detected in Repeat Sampling on
September 23, 1998
• Not Detected in November 1998 Sampling
• Not Detected in Previous Sampling
• If Present, Still at Levels Below MCL of 4 ug/L, Will
Be Further Removed by Treatment
• ' M L LAMETTE RIVER WATER SUPPLY SYSTEM
MAY BE NO DETECTS OUT OF 170 ORGANIC
CHEMICALS ANALYZED
•
O Dichloromethane Detected at 1 .2 ug/L in Second
Round, Not in First Round
O Not Detected in Previous Sampling
O Frequent Laboratory Contaminant
O If Present, Still at Levels Well Below MCL of 5 ug/L
* WILL AME TTE RIVER WATER SUPPLY SYSTEM .
OTHER PARAMETERS TYPICAL OF PNW
WATER SOURCES AND PREVIOUS RESULTS
•
• Hardness
O Giardia, Crypto, Microbials
O Metals
• Turbidity
• Natural Organic Matter - (TOC) Disinfection by
Product Precursors
' I LLA ETTE RIVER WATER SUPPLY S'TSTEM
TREATMENT PROCESS MEETS
CURRENT REGULATIONS . . .
•
Current Floc Sed Ozonation GAC Corrosion Final
Regulation Filtration Control Disinfection
Turbidity ✓ ✓ ✓
(IESWTR)
Coliform ✓ I 1 1 1
Bacteria (TCR)
Giardia ✓ ✓ ✓ ✓
(IESWTR)
Cryptosporidum ✓ ✓ ✓ ✓
(IESWTR)
Lead (LCR) ✓
SOC's (Phase I,
II, V) ✓ ✓ ✓ ✓
THM's (D/DBP)
1 1
1
1
1
HM's (D/BBP) ✓ ✓ I 1
✓
• WILLAMETTE RIVER WATER SUPPLY SYSTEM •
. . . AND ANTICIPATES FUTURE
REGULATIONS
•
Regulation Floc Sed Ozonation GAC Corrosion Final '
Filtration Control Disinfection
THM's (Stage 2 ✓ ✓ ✓ ✓ ✓
DBP)
HAA's (Stage 2 ✓ ✓ ✓ ✓ ✓
DBP)
Cryptosporidum ✓ ✓ ✓ ✓
(ESWTR)
Filter Backwash ✓ ✓ ✓
Contaminant ✓ ✓ ✓ ✓
Candidate List
WILLAMETTE R I VER WATER SUPPLY SYSTEM
PLANT DESIGNED TO MEET REGULATIONS
TO AT LEAST THE END OF THE NEXT DECADE
•
Regulation Date Regulation
Comes Into Effect
THM's (Stage 2 DBP) 2007
HAA's (Stage 2 DBP) 2007
ESWTR (Cryptosporidum) 2007
Filter Backwash 2003
Contaminant Candidate List 2007 E---> 2013
WILLAMETTE RIVER WATER SUPPLY SYSTEM •
FINISHED WATER AT THE TAP WILL BE
THE BEST IN THE REGION
•
Regulation Willamette River Typical Regional EPA Standards'
Supply Range
Bacteria 0% 0% 5%
Lead 5-10 10-15 15
Turbidity 0.01-0.1 0.05-0.3 0.3/1
THM's 5-10 15-40 80
(40)
HAA's 5-10 15-30 60
(30)
Giardia >99.99% 99.9% 99.9%
Removal Removal Removal
Cryptosporidium >99.99% 0-99% 0-99% Removal
Removal Removal (99-99.99%
Removal)
• WILLAMETTE R I VER WATER SUPPLY SYSTEM •
COST IMPACTS
• Assumptions
o Inflation
o Tigard's Current Bond Rating
o Ownership Will Impact Long Term Costs
o System Development Charges (SDC's)
• Growth Pays for Growth
• Owning Tangible Assets Allows SDC's
to Offset Customer Costs •
* WILLAMETTE RIVER WATER SUPPLY SYSTEM *
ECONOMIC ASSUMPTIONS
•
O 3% Inflation
O
5.1 % Interest
• Growth per City Water Demand Estimates
WI L LA ETTE RIVEN WATER SUPPLY SYSTEM •
PROJECT COST IMPACTS
• Operating Costs - Volume Charge
O Capital Costs - City Funded with Debt
O SDC's - Used to Offset Debt Service
1 N L LAMETTE RIVER WATER SUPPLY SYSTEM •
GROSS SUPPLY COST
•
• City of Tigard Gross Supply System Water Cost Summary
$9,000,000
$8,000,000
$7,000,000
to ❑Supply System
$6.000,000 Capital Costs
as
0 $5,000,000
1, $4,000,000
$3,000,000
•Wholesale Water
$2,000,000 _ Charges
$1,000,000
opt, oh o� ,�\ \tx '(\ o 6 o ti h o
�o �o �o �o ryo (12 (19 (i2 Ct
tioti .' Ct, Ct,
Fiscal Year Ending
WILLAMETTE RIVER WATER SUPPLY SYSTEM •
GROSS UNIT COST OF WATER .
.
City of Tigard Gross Unit Cost Summary
$2.50
$2.00 —i' - - - - - - - - - - - - -
•
LI $1.50
m
o $1.00 - - -
0
$0.50 -
$- lllllllllllllllllllllllllllllllllllllll
%f1' Ob Or° 00 ,\O Nc`L Nts '•C' y0 �O r`L 1b �0 r0 . �O cb% nat. c �0 tO
rO (O 9O (O �O cVO cO 9, 9O 'O �O (1 . �O 9O eO �O cO (O cO (O
Fiscal Year Ending
- - •Escalated Dollars —Constant 1998 Dollars
WILLAMETTE RIVER WATER SUPPLY SYSTEM •
•
NET UNIT COST OF WATER
•
City of Tigard Net Unit Cost Summary
$2.50
$2.00 -
3 $1.50 - - -_
a,
$1.00 - -
$0.50
011' OOb 000 000 0.�0 \9' \t` \C° 0 00 O`L�' 0`1.. 00 00 00c 000 0b Or° 00 ODO
ti ti ti ti ti ti ti ti 0 ti ti `11 .(11
ti (1,%
Fiscal Year Ending
-.-Net Cost,Escalated$ - --Net Cost,Constant 1998 $
-;-Net Savings,Escalated$ —Net Savings,Constant 1998 $
• WILLAMETTE RIVER WATER SUPPLY SI' STEM ,
,
SUMMARY
• Certainty
o Effort Has Increased Tigard's Level of Certainty
• Water Quality
o We Know What is Really in the Water
o The System Will Supply the Highest Quality
Drinking Water
O The Proposed Willamette River Water Supply System
For Tigard
o Economic
o Certain
o Long Term
WILLAMETTE RIVER WATER SUPPLY SYSTEM
TIGARD MUNICIPAL CODE
Chapter 12.10. WATER SYSTEM RULES
AND REGULATIONS 12.10.020 Use of Water.
Sections: Water will be furnished for ordinary
domestic,business and community purposes, and
12.10.010 Application for Service. fire protection, only. No water will be furnished
12.10.020 Use of Water. for the direct operation of steam boilers,
12.10.030 Service Size. machinery or golf courses, except on an
12.10.040 Separate Connection. interruptible basis, and the City will assume no
12.10.050 Furnishing Water. responsibility therein. (Ord.93-34)
12.10.060 Private Service Pipes.
12.10.070 Credit for Water Leaks. 12.10.030 Service Size.
12.10.080 Jurisdiction.
12.10.090 Waste-Plumbing-Inspection. A standard service connection, with 5/8" x
12.10.100 Physical Connections with other 3/4" meter,will be installed from the main to the
Water Supplies or Systems. street curb or property line. The amount of the
12.10.110 Cross Connection Control meter installation charge shall accompany all
Program. applications. Larger meters may be required for
12.10.120 Payment-Delinquency. some services. The size of meter shall be
(Repealed by Ord.96-02). determined by the City management. The City
12.10.130 Water Rates. shall prescribe the number of buildings to be
12.10.140 Discontinuance of Service. served from one meter and such determination
12.10.150 Interrupted Service-Changes in shall be final. No customer shall furnish water to
Pressure. any family,business,institution,or premises other
12.10.160 Service Connection than those occupied by that customer; provided,
Maintenance. however, that the City Council may permit a
12.10.170 Main Extensions. customer to supply others through customer's
12.10.180 Limitation on the Use of Water. service connection, in which event such customer
12.10.190 Temporary or Transient service. will be charged an additional monthly minimum
12.10.200 Construction Water. for each additional customer so supplied. Such
12.10.210 Meter Out-of-Order-Test. permit may be revoked and separate service
12.10.220 Fire Hydrants. connections required at any time. (Ord.93-34)
12.10.230 Fire Hydrant-Temporary Use.
12.10.240 Illegal Use of Fire Hydrant or 12.10.040 Separate Connection.
Meter.
12.10.250 Amendments-Special Rules- A separate service connection will be
Contracts. required for each dwelling, apartment or motel,
12.10.260 Grievances. place of business, and institution. All outlying
12.10.270 The Public Works Director and buildings and premises used as a part of such
Authorized Representatives. dwelling place or business or institution may be
12.10.280 Power to Grant Variances. served from such connection, as well as all
buildings on such premises operated under the
12.10.010 Application for Service. one management. City shall prescribe the number
of buildings to be served from one meter and such
No service will be supplied or water determination shall be final. No customer shall
furnished to any premises except upon written furnish water to any family, business, institution
application on printed forms of the City. (Ord.93- or premises other than those occupied by that
34) customer; provided, however that the City
•
12-10-1 Rev. 11/96
TIGARD MUNICIPAL CODE
Council may permit a customer to supply others 12.10.070 Credit for Water Leaks.
through customers' service connection in which
event such customer will be charged an additional When a water leak occurs on the customer's
monthly minimum for each additional customer side of the water meter resulting in an unusually
supplied. Such permit may be revoked and high water bill,customers may apply for a credit.
separate service connections required at any time. The credit is limited to the difference between the
(Ord.93-34) average wholesale cost of water multiplied by the
number of water units estimated to have leaked,
12.10.050 Furnishing Water. and the total amount of the water bill less normal
usage. The average wholesale cost of water is the
The City shall not be obligated to furnish and per unit average cost of water as established by
install, at its expense, system facilities for all the Intergovernmental Water Board at the
property within the City. The City shall,so far as beginning of each fiscal year.
reasonable and practicable and within its financial
means, however, provide adequate source of The application to the City for the credit
supply, necessary primary feeder mains, storage must be in writing and must include proof of the
facilities and other improvements necessary to leak being fixed within 10 days of discovery of the
make water service generally available to all areas - leak.
within the City. Extensions to furnish water to
areas not now served by the City will be made at Any applications for credits greater than this
the expense of those persons requesting service. code section allows will.be considered by the
Such extensions will be made by the City or by Intergovernmental Water Board. (Ord. 96-39;
those expressly authorized by the City. All Ord.96-02;Ord.93-34)
applications for line extensions to provide new
service are subject to review by the City Council. 12.10.080 Jurisdiction.
Consideration will be given to the City's ability to
serve and to eligibility for annexation to the City All service connections, meters, mains and
of the property to be served. The City may parts of the system through which water is served,
contract with other governmental entities for the except the pipes beyond the meter, are the
provision of water. The terms of service will be property of the City, and under its exclusive
defined by agreement and consistent with the control. No person other than the Public Works
terms of this Chapter. (Ord.93-34) Director or authorized person shall install any
service,make any extension, turn the water on or
12.10.060 Private Service Pipes. off, or otherwise tamper or interfere with the
water or the system. (Ord.93-34)
All pipes from the meter to the premises
must be installed in accordance with good 12.10.090 Waste-Plumbing-Inspection.
engineering practice, and maintained in good
order by the customer. Pipes must be laid 24 Water will not be furnished to premises
inches deep provided with a stop and waste valve where it is allowed to run or waste to prevent
for drainage, and all standpipes or fittings of any freezing, or through defective plumbing, or
kind must be so located,anchored and installed as otherwise. Plumbing should be of high test and
not to interfere with or endanger the meter. All first class, and in conformance with the
pipes must be well protected from freezing. (Ord. appropriate codes of the jurisdiction issuing the
93-34) building permit, and where pressures may
become high, on 5/8" x 3/4" and 1" meters, a
pressure regulator may be installed at the meter
by the City to control varying pressures. (On
12-10-2 Rev. 11/96
TIGARD MUNICIPAL CODE
meters 1 1/2" and larger, customer is responsible information concerning physical connections with
for installing a pressure regulator.) The City will water supply systems violations.
not be responsible for damage from varying
pressures. The Public Works Director or No person shall interfere with or attempt to
authorized person may inspect pipes and prevent the Public Works Director or other
plumbing at proper times. (Ord.93-34) authorized representative from entering upon
private premises and inspecting the property
12.10.100 Physical Connections with other when an emergency exists or the Public Works
Water Supplies or Systems. Director or authorized representative exhibits a
warrant authorizing entry. (Ord.93-34)
Neither cross connections nor physical
connections of any kind shall be made to any 12.10.110 Cross Connection Control
other water supply, whether private or public, Program.
without the written consent and approval of the
City Council, and the written approval of the The purpose of this section is to protect the
Oregon State Board of Health. (Included in this water supply of the City from contamination or
category are all pipe lines, appurtenances and pollution from potential cross connections;and to
facilities of the City system and all pipes, assure that approved backflow devices are tested
appurtenances, pumps, tanks, storage reservoirs, annually as follows:
facilities, equipment, appliances, etc., of other
systems whether located within or on public or (a) The installation or maintenance of any
private property, or the premises of a water cross connection which would endanger the water
customer.) supply of the City is prohibited. Any such cross
connection now existing or hereafter installed is
The City's Public Works Director or other hereby declared unlawful and shall be rectified as
authorized representative shall have the right, at directed by the City or its authorized
all reasonable times, to enter upon private representative(s).
property to inspect the premises of customers for
physical connections with other water supplies. (b) The control or elimination of cross
However, before entering upon private property, connections shall be in accordance with the
the Public Works Director or other authorized regulations of Oregon State Health Division. The
representative shall obtain the consent of an policies, procedures, and criteria for determining
occupant or a warrant of the municipal court appropriate levels of protection shall be in
authorizing entry for the purpose of inspection. accordance with the Accepted Procedure and
Any such connection shall be removed by the Practice in Cross Connection Control Manual,
customer within ten days after written notice to Amer. Water Works Association, Pacific
remove is given by the City. If not removed Northwest Section, current edition (OR Admin.
within the time specified,the City may remove or Rules,Ch.333-61.070).
discontinue any connection which it may have for
servicing the property. (c) It shall be the objective of the City to
protect the potable water system from
No search warrant shall be issued until an contamination or pollution due to cross
affidavit has been filed with the municipal court, connections. Water service to any premises shall
showing probable cause for the inspection, by be contingent upon the customer providing cross
stating the purpose and extent of the proposed connection control in a manner approved by the
inspection, citing this Chapter as the basis for the City. Backflow devices required to be installed
inspection, whether it is an inspection instituted shall be a model approved by,the Oregon State
by complaint, or other specific or general Health Division.
12-10-3 Rev.11/96
TIGARD MUNICIPAL CODE
meter and meter box from loss or damage by
(d) Authorized employees of the City with freezing, hot water, traffic hazards, and other
proper identification shall have free access at causes, in default of Which, such customer shall
reasonable hours of the day to those parts of a pay to the City the full amount of the resulting
premise or within buildings to which water is damage. (Ord.93-34)
supplied. Water service may be refused or
terminated to any premise for failure to allow 12.10.170 Main Extensions.
necessary inspections.
(a) Designed and Installed by the City.
(e) These requirements must be strictly
observed as a matter of public health and to All extensions of mains and laterals of
prevent any possible contamination of the water the City, and installed by the City, shall be paid
system. (Ord.93-34) for by the applicant,at cost plus 10%for overhead
and supervision, and 8% for engineering. The
12.10.120 Payment-Delinquency. estimated cost thereof, together with such 18%,
shall be deposited with the City when application
Repealed by Ord.96-02. (Ord.96-02;Ord.93-34) for such main extensions is made.
12.10.130 Water Rates. (b) Designed by Others, Installed by the
City.
All rates, fees and charges shall be set by
resolution of the Tigard City Council. (Ord.93-34) When design or supervision of
installation of improvements is performed by
12.10.140 Discontinuance of Service. licensed engineers, subject to approval by the
City, and installed by the City, a fee shall be paid
Discontinuance of service for 30 days or more of 10%for administration,inspections,water loss,
will be made upon written application, without sampling, etc., and 2% for engineering review.
charge,provided all bills are paid. (Ord.93-34) The estimated cost thereof, together with such
12%, shall be deposited with the City when
12.10.150 Interrupted Service - Changes in application for such main extensions is made.
Pressure.
(c) Designed and Installed by Others.
The water may be shut off at any time for
repairs or other necessary work with or without When design or supervision of
notice. Conditions may cause a variation of the installation of improvements is performed by
pressure. The City will not be responsible for any licensed engineers, and installation is performed
damage caused by interruption of service or and paid for by others, subject to approval by the
varying pressure. When service is interrupted, City, a fee of 12% of construction costs shall be
hot water faucets should be kept closed to prevent imposed for development charges.
backflow of hot water or steam. (Ord.93-34)
Size of such extensions, type of pipe,
12.10.160 Service Connection location, gate valves, fixtures, fire hydrants and
Maintenance. other fittings shall be under City specifications
and subject to City approval,and such mains shall
The City will maintain all standard service be laid from the end of the existing main to the far
connections in good repair without expense to the end of the property to be served. No lines or
customers. Each customer is required to use laterals shall be laid until the estimated cost
reasonable care and diligence to protect the water thereof, as hereinabove set forth, shall_have been
12-10-4 Rev. 11/96
TIGARD MUNICIPAL CODE
deposited with the City. All such extensions of and any subsequent revisions or amendments to
mains and laterals, and installation of fire same which may be made from time to time.
hydrants shall be the sole property of the City, (Ord.93-34)
without right of immediate refund on the part of
the person or persons paying for such extension or 12.10.180 Limitation on the Use of Water.
on the part of any person or persons whomsoever.
No extension of main will be permitted, accepted Limitation on the use of water as to hours,
or served by the City unless such line be at least a purpose, or manner may be prescribed from time
6-inch diameter pipe. Short extensions, such as to time by resolution of the City Council. (Ord.
cul-de-sacs, can be of small diameter upon 93-34)
approval of the City.
12.10.190 Temporary or Transient service.
When a person is required to pay the
cost of extending a water main adjacent to Temporary or transient service for
property other than that person's own so that construction work will be rendered upon deposit
water service for domestic use is provided for in advance of connection charge and one month's
such other property without further extension of estimated water bill, and payment on the first of
the water main,the City shall require the owner of each month of all accrued charges. Upon
the other property, prior to providing water discontinuance of service refund will be made for
service to that property, to refund to the person all connection materials usable by the City at their
required to pay the cost of extending the water depreciated value,less the cost of removal and all
main, a pro rate portion of the cost of extension. charges due. No temporary service shall be
The right to require such refund shall not continue installed for any residence or building where
for more than 10 years after the date of installation permanent service connection may later be
of the extension of the water main. The amount to installed.(Ord.93-34)
be refunded shall be determined by the City and
such determination shall be final. 12.10.200 Construction Water.
Each construction contractor shall be Rates, fees and charges for water used via a
approved by the City's Public Works Director permanent meter installation for construction
prior to installing pipe lines, pumps, etc. Those purposes shall be set by resolution of the City
installations made by private contractors will be Council. The charges shall be billed at completion
thoroughly inspected and approved by the City to of construction,but shall not exceed a period of 6
ensure compliance with plans and specifications. months, unless authorized by the City. (Ord. 93-
Back-filling of trenches prior to City approval is 34)
unauthorized.
12.10.210 Meter Out-of-Order-Test.
If water main extension is necessary to
serve an existing single family dwelling and the If a meter shall fail to measure accurately,the
main size required by the City is larger than a 6" bill shall be the average for the same periods in
installation across the front of their property,plus prior years. Tests will be made periodically
the cost of the meter. without charge to the customer. A customer may
demand a test upon payment of a charge for such
The developer or owner requesting the test. The rates,fees and charges for this test shall
construction project shall be liable for any added be set by resolution of the City Council. (Ord. 93-
cost due to design difficulties. Applicant(s) will 34)
agree to be bound by and comply with the City's
main extension policy and rules and regulations '
12-10-5 Rev.11/96
TIGARD MUNICIPAL CODE
12.10.220 Fire Hydrants.
12.10.280 Power to Grant Variances.
Fire hydrants will be installed by the City
upon receipt of payment in advance of the (a) Except when prohibited by subsection b
estimated cost of the hydrant, fittings, and of this section, upon application, the
installation,plus 10%for overhead. (Ord.93-34) Intergovernmental Water Board may grant
variances from the water system rules and
12.10.230 Fire Hydrant-Temporary Use. regulations enacted by the City of Tigard when it
finds that: a) strict application of the rules and
Any person who desires to use a fire hydrant regulations create undue economic hardship for
for temporary water supply must obtain the applicant with no significant benefit to the
permission of the City. The charge for temporary water system; b) the variance requested has no
use shall be set by resolution of the City Council. material adverse effect upon the water system and
Customer is responsible for repair and/or it is consistent with established policies of the
replacement of damaged meter. (Ord.93-34) Tigard City Council.
12.10.240 Illegal Use of Fire Hydrant or (b) The Intergovernmental Water Board
Meter. may not grant variances relating to annexation of
property, fire protection requirements, cross-
The penalty for connection to a fire hydrant connection requirements, fees, rates and charges.
or meter without proper authority is a $100 fine. (Ord.93-34)U
(Ord.93-34)
12.10.250 Amendments - Special Rules -
Contracts.
The City may at any time amend, change or
modify any rule, rate or charge, or make any
special rule, rate or contract, and all water service
is subject to such power. (Ord.93-34)
12.10.260 Grievances.
Any grievance as to service or complaints
shall be made to the Public Works Director, who
shall attempt to resolve the problem. Any
unresolved grievances as to service or complaints
shall be reported and will be considered by the
Intergovernmental Water Board at the Board's
next meeting. (Ord.93-34)
12.10.270 The Public Works Director and
Authorized Representatives.
The Public Works Director or an authorized
representative are not authorized to make any
changes in these rules,rates, or regulations. (Ord.
93-34)
12-10-6 Rev. 11/96
. .;ti ) A yul el Lu ate-t- �, I(--
-
CITY OF TIGARD, OREGON
RESOLUTION NO. q3-U1-1
A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE
TIGARD WATER DISTRICT, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT,
AND 'APPOINTING THE WATER DISTRICT'S MEMBER AND ALTERNATE TO THE
INTERGOVERNMENTAL WATER BOARD CREATED UNDER SECTION 3 OF THE
AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD THAT:
SECTION 1: The Intergovernmental Agreement for water services
between the City and Tigard Water District,
attached hereto as Exhibit A, is approved. The
Mayor is hereby authorized and directed to execute
the Agreement.
SECTION 2: The City Recorder is authorized to do all things
necessary to secure signatures from the Tigard
Water District and to deliver a copy of the signed
Agreement to the City of King City and the City of
Durham.
SECTION 3: ` oh SC war-1-3 is designated as
the City's member on the Intergovernmental Water
B and created under Section 3 of the Agreement.
F'Ct_u L N u/NAA- - is designated as
the City's alternate member on the
Intergovernmental Water Board.
PASSED: By LLACXL muw3 vote of all Council members
present after being read by number and title only,
this ,� �{ '' da of rn,m , 1993.
-e7
Cathy Wheatley, City Rcorder
APPROVED: This arli day o % 'Age )• ,A4..11 , 93.
Gerald R. 'wards, Mayor
Approved as to fo
V'
C y Att y
Date: lo?/a
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF TIGARD AND THE
TIGARD WATER DISTRICT FOR
DELIVERY OF WATER SERVICE TO TERRITORY
WITHIN THE DISTRICT BOUNDARIES
This Agreement is made and entered into by the City of Tigard,
an Oregon municipal corporation, (hereinafter "Tigard") and the
Tigard Water District, a domestic water supply district existing
under ORS Ch. 264, (hereinafter "District") . Tigard and District
are jointly referred to herein as "the Parties. " Unless
identified as "original, " District refers to the remnant district.
RECITALS:
1. The cities of Tigard, King City and Durham (collectively
the "Cities") withdrew from the original District effective July
1, 1993.
2 . Pursuant to ORS 222 . 540, the District is obligated to
turn over to the Cities its water mains, service installations,
structures, facilities, improvements and other property in the area
withdrawn from the District as it existed on June 30, 1993 ,
(original District) that are not necessary for the operation of the
remainder of the water supply system of the District.
3 . The area withdrawn by Tigard was a major portion of the
original District. Because of this, Tigard is entitled to a major
portion of the original District's infrastructure pursuant to ORS
222. 540. King City and Durham are entitled to smaller portions of
the original District's infrastructure. Furthermore pursuant to
ORS 222.550, should the District dissolve, Tigard will be in a
position to obtain all of the District's remaining assets which
have not been distributed under ORS 222.540.
4. With the assets and infrastructure obtained by its
withdrawal from the original District, Tigard is creating a city
water department.
5. The Cities and District agree that it is in their best
interest if King City, Durham and the District were to be an
integrated part of a water supply network receiving water service
from Tigard's city water department. Tigard will receive revenue
from water users in Tigard, King City, Durham, and the District,
and with that revenue Tigard will provide the funds to pay for
expenses incurred in providing water service.
6. The Cities and District agree that it is in their best
interest to share authority for decision-making regarding the long-
term water supply and capital improvement planning to ` serve
present and future water customers of the original District.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 1 (12/23/93 - FINAL)
7. The Parties shall continue to prepare independent tax
coordination plans.
8. Tigard and the District acknowledge that they have
authority to enter into this Intergovernmental Agreement pursuant
to the powers contained in Tigard's Charter, ORS 264. 210 and ORS
190. 010.
NOW, THEREFORE, the premises being in general as stated in
the foregoing recitals, it is agreed by and between the Parties
hereto as follows:
1. Mission Statement.
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.
2. Term.
This Agreement will be in full force and effect until December
31, 2018, unless sooner terminated by one or both of the Parties.
Either party may terminate this Agreement by providing written
notice to the other party a minimum of ten years prior to the
effective date of termination. Tigard recognizes that by this
Agreement, it is assuming the responsibility to provide water to
the inhabitants of the District for the duration of this Agreement
unless a reasonable alternative domestic water supply is available
to the District and the Agreement is terminated.
3. Intergovernmental Water Board. _
A. Tigard will establish an Intergovernmental Water Board
(IWB) . The Intergovernmental Water Board will consist of five
members. Members of the Board will be appointed by the respective
governing bodies as follows:
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL)
Tigard - One Member
King City - One Member
Durham - One Member
District/Unincorporated Area - One Member
At Large - One Member selected by a majority vote of the
Other Members
B. Intergovernmental Water Board Terms.
(1) Initially, three Board members shall be appointed for a
term of three years (from January 1, 1994 to December
31, 1996) and two Board members shall be appointed for
a term of two years (from January 1, 1994 to December
31, 1995) . There shall be a drawing of lots to determine
which Board members will serve two years and which will
serve three years. Thereafter, Board members shall have
two year terms.
(2) Board members shall be appointed in December for the
following two year term. Each term will begin on January
1. Each term will end on December 31 and each Board
member shall serve until a successor has been appointed.
Members may be re-appointed to succeeding terms.
Vacancies may be filled in the same manner as a regular
appointment.
(3) Board members shall be an elected official serving on
the respective governing body except for that member
selected by a majority vote of the other members. Each
respective governing body may appoint an alternate to
attend meetings in the place of a regularly appointed
Board member. The alternate shall be appointed in the
same manner and must meet the same qualifications as the
regularly appointed Board member.
C. Tigard may appoint city officials as ex officio members
of the Intergovernmental Water Board to assist the Board in its
duties. They shall serve at the pleasure of the Tigard City
Council and shall have no voting privileges.
D. A quorum of the Board shall be three (3) members. All
actions of the Board shall require at least three (3) votes,
excluding abstentions.
E. The Intergovernmental Water Board will make
recommendations to the Tigard City Council on water service issues
and will have the following responsibilities:
(1) to make a continuing study of the rate structure of the
water system.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL)
(2) to consider and prepare plans for and make
recommendations to the Council for a long-range operation
and management program.
(3) to investigate and study means of effecting economies in
operation and management.
(4) to review and make recommendations to the Budget
Committee and Council on all budget requests for
operation and maintenance.
(5) to study and consider ways and means of improving the
water system and services which it provides.
(6) to study and make recommendations on Tigard's program for
providing insurance for system assets and operations.
(7) to make a continuing review of any and all rules and
regulations regarding the water system which may be
adopted by the Council and periodically to make
recommendations to the Council for additions or
amendments of such rules and regulations.
(8) to work with other agencies and jurisdictions in a
cooperative effort to plan for the future water supply
needs of the area.
(9) to make recommendations to the Council relative to all
of the above-mentioned matters and as to any other
matters which the Intergovernmental Water Board may feel
to be for the good of the water system, the overall
public interest and for the benefit of the consumer.
F. Power to Grant Variances
(1) Except when prohibited by subsection 2 of this section,
upon application, the Intergovernmental Water Board may
grant variances from the water systemrules and
• regulations enacted by the City of Tigard when it finds
that: a) strict application of the rules and regulations
create undue economic hardship for the applicant with no
significant benefit to the water system; b) the variance
requested has no material adverse effect upon the water
system and it is consistent with established policies of
the Tigard City Council.
(2) The Intergovernmental Water Board may not grant variances
relating to annexation of property, fire protection
requirements, cross-connection requirements, fees, rates
and charges.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 4 (12/23/93 - FINAL)
4 . Division of Original District Assets.
A. Pursuant to ORS 222.540(4) , the District agrees that the
division of assets after withdrawal from the original District by
the Cities shall be consistent with the following concepts:
(1) Assets include real, personal and intangible property.
"Intangible property" includes but is not limited to: moneys,
checks, drafts, deposits, interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Tigard's water supply system throughout the original
District, not including those "other assets" of Tigard.
Personal and intangible property are system assets.
Water mains, service installations, structures,
facilities, improvements or other property necessary for
operation of the City of Tigard's water supply system
throughout the original District are system assets.
b. Other Assets: Assets not necessary for the
operation of the City of Tigard's water supply system
throughout the original District. Other assets shall
become the property of the jurisdiction in which the
asset is located. Water mains, service installations,
structures, facilities, improvements or other property
not necessary for the operation of the City of Tigard's
water supply system throughout the original District are
other assets.
•
B. All system assets and other assets shall be pledged by
the Cities and the District to Tigard. All system assets and other
assets shall be managed by Tigard and shall be utilized by Tigard
in order to provide water services to properties, residences and.
businesses in the original District.
C. Should one of the Cities or the District terminate its
water service agreement with Tigard, the Cities' and the District's
proportionate interest in a system asset shall be determined based
upon the following formula:
Jurisdiction's Proportionate Interest = (A + B + C)/3
A = Jurisdiction's Percentage of Current Consumption in
original District
B = Jurisdiction's Percentage of Current Real Market
Value in original District
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 5 (12/23/93 - FINAL) -
C = Jurisdiction's Percentage of Current Meters in
original District
The Cities' and the District's proportionate interest in
a system asset capital improvement shall be based upon the capital
improvement's depreciated value. The depreciated value shall be
based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line
method of depreciation.
D. Upon termination of this Agreement, other assets shall
become the property of the jurisdiction in which the asset is
located.
5. Asset Ownership/Water Rates/Revenues.
A. Tigard's Utilization of Assets.
(1) The Parties agree that all system assets in which the
Parties have an undetermined proportionate interest and all
other assets received as a result of the division of assets
after withdrawal from the original District by the Cities
shall be utilized by Tigard in order to provide water services
to properties, residences and businesses in the original
District. The District's ownership interest in the assets
shall remain though the assets are being utilized by Tigard,
unless and until transferred to Tigard by agreement or
operation of law. Tigard will maintain and insure the real
and personal property assets it utilizes. The Parties agree
to execute all documents necessary to allow utilization of the
assets by Tigard.
(2) Tigard agrees that it will maintain, preserve and keep
the assets it utilizes in good repair and working order.
Tigard may appropriate from the water fund all moneys
necessary to meet this obligation.
(3) Tigard shall keep the assets free of all levies, liens
and encumbrances except those created by this Agreement or
consented to by the governing body of the District in writing.
The Parties to this Agreement contemplate that the assets will
be used for a governmental or proprietary purpose by Tigard
and, therefore, that the assets will be exempt from all
property taxes. Nevertheless, if the use, possession or
acquisition of the assets are determined to be subject to
taxation, Tigard shall pay when due all taxes and governmental
charges lawfully assessed or levied against or with respect
to the assets. Tigard shall pay all gas, water, steam,
• electricity, heat, power, telephone, utility and other charges
incurred in the operation, maintenance, use, occupancy and
upkeep of the assets. Where there is shared use of the
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 6 (12/23/93 - FINAL)
assets, these costs will be shared in an equitable manner.
(4) Tigard shall maintain (i) casualty insurance insuring the
assets against lossor damage by fire and all other risks
covered by the standard extended coverage endorsement then in
use in the State of Oregon and any other risks reasonably
required by District in an amount equal to at least the
replacement value of the assets and, (ii) liability insurance
that protects District, including its officers and
commissioners, from liability arising from Tigard's operation
of the water supply system in an amount satisfactory to
District and (iii) worker's compensation insurance covering
all employees working on, in, near or about the assets as
required under the laws of the State of Oregon. Tigard shall.
furnish to District, certificates evidencing such coverage.
All such insurance shall be with insurers that are authorized
to issue such insurance in the State of Oregon, shall name
District as additional insured and shall contain a provision
to the effect that such insurance shall not be canceled or
modified materially and adversely to the interest of District
without first giving written notice thereof to District at
least ten (10) days in advance of such cancellation or
modification. All such casualty insurance shall contain a
provision making any losses payable to Tigard and District as
their respective interests may appear. Tigard may meet any
of these requirements through a self-insurance program. Such
insurance requirements may be waived in writing by the
governing body of the District.
(5) To the extent permitted by law, Tigard shall indemnify,
protect, hold harmless, save and keep harmless District from
and against any and all liability, obligation, loss, claim and
damage whatsoever, regardless of cause thereof, and all
expenses in connection therewith, including, without
limitation, counsel fees and expenses, penalties and interest
arising out of or as the result of the entering into of this
Agreement, the ownership of any asset or any accident in
connection with the operation, use, condition, possession,
storage or return of any asset resulting in damage to property
or injury to or death to _any person; provided, however, that
Tigard shall not be deemed to be indemnifying District for
claims arising from its own conduct. The indemnification
arising under this paragraph shall continue in full force and
effect notwithstanding the termination of this Agreement for
any reason. -
B. The fees, rates and charges charged by Tigard for
providing water services to properties, residences and businesses
in District shall be the same as those charged within Tigard.
Notwithstanding the foregoing, Tigard may impose higher fees, rates
and charges for providing water service to properties, residences
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 7 (12/23/93 - FINAL)
and businesses when the cost of providing such service is greater
due to unusual circumstances, including, but not limited to
additional cost to pump water up hill to reach customers. Any
higher fees, rates and charges imposed for providing water service
shall be reviewed by the Intergovernmental Water Board prior to
taking effect and shall be limited to covering the actual
additional costs of providing such service. When higher fees,
rates and charges are imposed, they shall be consistently applied
in both Tigard and the remainder of the original District, except
that at the request of the District, Tigard will collect on behalf
of the District additional charges imposed by the District on
District customers.
C. Moneys/Revenues.
(1) Moneys and revenues for system capital improvement shall
be held by Tigard in a fund dedicated solely for this
purpose.
(2) Moneys transferred to Tigard as a result of the division
of assets after withdrawal from the original District by
Tigard which were previously dedicated by the District
to system capital improvement shall be used solely for
system capital improvement by Tigard in accordance with
subsection 5.D.
(3) Moneys deposited in a reserve fund for revenue bonds of
the water system are not a- system asset and are not
subject to the system asset distribution formula in
Section 4 of this Agreement.
(4) The Parties agree to develop a methodology for system
development charges and to impose and collect such
charges in their respective jurisdictions. If any of
the Cities or District fail to impose system development
charges as contemplated herein, then the other parties
may elect to terminate collecting system development
charges within their jurisdictions. , The Parties agree
that Tigard should collect the system development charges
imposed by the District until such time as Tigard imposes
its own charge.
D. Capital Improvements.
(1) (a) Capital projects shall be implemented in accord with
a long-range capital improvement program supported by
sound engineering analysis, in the best interests of
water customers within the original District, ignoring
city boundaries.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 8 (12/23/93 - FINAL)
(b) The capital improvement program must be approved by
the governing bodies of one less than the number of
jurisdictions holding an ownership interest in the water
system. A governing body may not unreasonably withhold
consent if the program is supported by sound engineering
analysis, is in the best interests of water customers
within the original District and consistent with the goal
of working together to provide all of the residents and
property in the original District with a clean,
economical water supply. If a proposed capital
improvement program is not approved as provided for in
this subsection, then the governing bodies of any two
jurisdictions may request mediation under the provisions
of ORS Chapter 36 to determine if approval of the program
has been unreasonably withheld.
(c) Tigard shall prepare and deliver to the District a
proposed. Capital Improvement Plan no later than June 30,
1994 for consideration by the Cities and the District.
The District's Capital Improvement Plan dated June, 1993,
will guide Tigard's spending on capital projects until
a capital improvement program is adopted pursuant to
subsection (b) .
(2) The capital improvement program shall establish the
location of a capital improvement whether within Tigard,
King City, Durham or the District and shall distinguish
whether a capital improvement qualifies as a system asset
or other asset.
(3) Capital improvements made subsequent to entering into
this Agreement that are determined to be other assets
shall become the property of the jurisdiction in which
the improvement is located. For capital improvements
• made subsequent to entering into this Agreement that are
determined to be system assets, the Cities and the
District each shall have a proportionate interest in such
"system asset" capital improvement's depreciated value.
The depreciated value shall be based upon the useful life
of the capital improvement under generally accepted
accounting principles using a straight line method of
depreciation. The Cities' and the District's
proportionate interest in such "system asset" capital
improvement's depreciated value shall be determined based
upon the formula in Section 4.D. of this Agreement.
(4) Shouid one of the Cities or the District terminate its
water service agreement with Tigard, such jurisdiction
shall have rights to the use of all system assets equal
to its Jurisdiction's Proportionate Interest as
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 9 (12/23/93 - FINAL)
determined above. Tigard shall be provided reasonable
compensation for any use of its water system necessary
for the continued reasonable use of a system asset by a
jurisdiction. If the asset is not essential to the
operation of such jurisdiction's water system, Tigard may
terminate such jurisdiction's rights in the system asset
capital improvement by payment of a sum equal to the
Jurisdiction's Proportionate Interest in the depreciated
value of such system asset.
(5) The Parties acknowledge that the water system currently
serving the original District is an integrated system.
To the extent that either Party should terminate this
Agreement, the Parties agree to cooperate with each other
and to enter into such agreements necessary for the
continued reasonable operation of the resulting water
systems.
E. Long-term water supply contracts shall be entered into
in accord with the best interests of water customers within the
original District, ignoring city boundaries. Long-term water
supply contracts must be approved by the governing bodies of one
less than the number of jurisdictions holding an ownership interest
in the water system. A governing body may not unreasonably withhold
consent to a contract if the contract is supported by sound
engineering analysis, is in the best interests of water customers
within the original District and consistent with the goal of
working together to provide all of the residents and property in
the original District with a clean, economical water supply. If
a proposed long-term water supply contract is not approved as
provided for in this subsection, then the governing bodies of any
two jurisdictions may request mediation under the provisions of ORS
Chapter 36 to determine if approval of the contract has been
unreasonably withheld.
F. The District shall receive an annual rebate equal to 1%
of the previous year's water sale revenue within the District for
District expenses. In addition, Tigard, at the District's request,
will appropriate and deliver an amount not to exceed $40,000 from
Tigard's initial (1/94 to 6/94) water fund budget for District
operating expenses for the period from January 1, 1994 through June
30, 1995. Tigard will reimburse_-the District from water system
revenues the cost of the District's Division of Assets study
undertaken to fulfill the District's obligations pursuant to ORS
222.540.
G. Accounting
(1) Water activities will be accounted for in the same manner
as other enterprise activities currently wider the
jurisdiction of Tigard. Expenditures directly linked to
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 10 (12/23/93 - FINAL)
water activities will be recorded in the water fund.
Applicable indirect charges will be apportioned to the
water fund in the same manner as such charges are
apportioned to other enterprise funds to properly reflect
the costs associated with each activity. Tigard shall
use generally accepted accounting principles applicable
to utility enterprises for the recording and identifying
of all revenues and expenditures made for the water
system. The Intergovernmental Water Board shall review
such allocation and methodology.
(2) The accounting method used by Tigard shall, to the extent
possible, document the use of assets by Tigard for non-
water system activities. Use of assets by Tigard for
non-water activities shall be funded from resources other
than the water fund.
H. The Parties to this Agreement shall not have the right
to transfer ownership of or remove system assets or any interest
therein received or kept as a result of the Cities' withdrawal from
the original District or any interest in system assets acquired
during the term of this Agreement without written consent of the
other Party. Neither the benefits received by the District nor the
obligations incurred under the terms of this Agreement are
assignable or in any manner transferrable by the District without
the written consent of the City.
I. No part of this Agreement shall be interpreted as a
waiver of either Party's statutory rights upon annexation of
territory.
6. Indebtedness.
A. Each of the Parties shall be liable for their respective
share of the debt, if any, acquired or retained as a result of the
Cities' withdrawal from the original District.
B. Tigard may incur, without the consent of the District,
debt relating to the water supply system, provided-payment of the
debt is fee, rate or charge based. If the debt is to be paid for
by means other than fees, rates or charges, Tigard must have
approval and consent of the governing body of the District in
writing prior to incurring such debt. The District shall be liable
for its proportionate share of any debt for which it has given its
written approval and consent.
C. Tigard is authorized to perform the function and activity
of incurring water revenue bond indebtedness for the water system
by authorizing the issuance of water revenue bonds pursuant to ORS
288.805 to 288.945, as amended, for the financing of water system
capital improvements. Such debt may be secured by a pledge of
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 11 (12/23/93 - FINAL)
water system revenues, appropriate rate covenants, and mortgaging
of water system assets. Tigard may not mortgage water system
assets without first receiving the written consent of the Cities'
and District's governing bodies.
D. If this Agreement is terminated by either Party and
indebtedness remains under Section 6.A. or has been incurred and
approved by the District in manner described in Section 6.B. ,
District shall either:
1. Pay in full, within 60 days of the effective date
of termination, its proportionate share of the
indebtedness; or
2. Pay annually its proportionate share of the
indebtedness as payment is due.
7. Services Provided By Tigard.
A. Tigard will provide water to properties and customers in
all jurisdictions equally. If circumstances require water
restrictions, each jurisdiction shall share equally. The District
may not sell water provided through this Agreement to a third party
without the prior written consent of Tigard.
B. Tigard will provide equally and in a manner consistent
with the terms of this Agreement all services required for delivery
of potable domestic water to properties and customers within the
cities of King City and Durham as well as the territory of the
District, including but not limited to system repair and
maintenance, water distribution, new installations, system
upgrades, and billing functions. Tigard is under no obligation to
provide such water services to areas annexed to the District
subsequent to this Agreement.
C. District agrees that Tigard is empowered to use any right
of condemnation possessed by the District that is necessary to
provide water services consistent with the terms of this Agreement,
and will take any action necessary for Tigard to exercise that
right on the request of Tigard.
D. To the extent that such agreements or contracts are
transferrable, the District agrees to take the necessary action to
transfer its water supply agreements or contracts with the City of
Portland and the City of Lake Oswego to Tigard in order to
facilitate the provision .of water services consistent with the
terms of this Agreement.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 12 (12/23/93 - FINAL)
E. The District may use the former Tigard Water District
office building for meetings of the District Board and for receipt
of the Board's correspondence. To the extent that Tigard charges
other governmental entities for use of the building, the District
agrees to compensate Tigard a reasonable amount for use of the
building.
F. Tigard agrees to assist the District in preparation of
budgets, organization and noticing of meetings and other
administrative duties at the request of the District. The District
agrees to compensate Tigard a reasonable amount for such
assistance.
8. Rules and Regulations.
A. The Rules, Rates and Regulations for Water Service
Handbook, (November, 1992) , adopted by the Board of Commissioners
Tigard Water District is attached hereto as Exhibit "A" and shall
be deemed a part of this Agreement.
B. The Tigard City Council may modify, alter or repeal the
rules, rates and regulations in Exhibit "A." Rules and regulations
will be modified, altered or repealed only after the
Intergovernmental Water Board has had the opportunity to study the
proposed rules and regulations. The Intergovernmental Water Board
is empowered to make a continuing review of any and all rules and
regulations regarding the water system which may be adopted by the
Council and periodically to make recommendations to the Council for
additions or amendments of such rules and regulations. The Parties
agree to comply with the rules and regulations currently in effect
and as hereafter adopted by. the Tigard City Council, and water
service to the District shall be governed thereby.
9. Extension of Service.
A. Extension or modification of District's water distribution
system shall be done only with prior written approval of District.
Furthermore, Tigard will not make any extensions or service
connections within King City's or Durham's Urban Growth Boundary
without permission from the King City or Durham City Council.
B. For the unincorporated area within the District, it is the
governing body of the District which, subject to the rules and
regulations specified in Section 8, has the authority to allow
connections to the water supply system.
C. Residents located within the District shall not be
responsible for any expenses associated with efforts of the City
of Tigard to withdraw from the Tualatin Valley Water District to
reach the goal of having a single water purveyor for the City.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 13 (12/23/93 - FINAL)
10. Employee Benefits/Personnel.
All employees of the Southeast Washington County Joint Water
Agency shall become employees of the City. The City shall accept
such employees with all existing benefits and salary, including,
but not limited to, health, retirement, disability insurance,
wages, vacation and compensatory time. Nothing in this subsection
is intended to limit the City's authority to alter benefits or
salary except as such authority is otherwise limited by this
Agreement or by the provisions of ORS 236. 605 to 236.650.
11. Annual Meeting.
The governing bodies of the Parties to this Agreement shall
meet annually with the Intergovernmental Water Board to discuss and
consider issues related to this Agreement. The Intergovernmental
Water Board and the Tigard Water Department shall issue an annual
report on its activities to the Parties at this meeting.
12 . Attorneys Fees.
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. Attorney fees which are awarded
pursuant to this Section may not be paid from the fees, rates and
charges collected by Tigard for water services.
13. Applicable Law.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14. Ratification of this Agreement.
Prior to the effective date of this Agreement, each Party
shall enact a resolution ratifying the Agreement. This Agreement
may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
15. Amendments.
Any amendment to this Agreement must be approved by the
governing bodies of the District and Tigard.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 14 (12/23/93 - FINAL)
16. Effective Date.
This Agreement shall be effective January 1, 1994.
CITY 0/T • • a OREGON
Attest: By ' 4f/ `
�wn,e (1)f1Pabc-,
TIGARD WATER DISTRICT, OREGON
Attest: By:
tigard\tigardWD.iga(12/23/93 -final)
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 15 (12/23/93 - FINAL)
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• • REGULATIONS , I.. '�,•,' `•' °';`;
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BOARD OF COMMISSIONERS :;."'"'r''`•f� 1. 1�.
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TIGARD WATER DISTRI•CT •
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TIGARD WATER DISTRICT Phone 503/639-1554 -rare•;';
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8777 SW Burnham PO BOX 230000 • °r.ti°•'
NOVEMBER 1992 -x",� 1;
Tig•
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TIGARD TO THE PATRONS OF
WATER DISTRICT 's...'''. :.• . , f .: *., i .....',/','" .-,... ..• , : , . . , .
TIGARD WATER DISTRICT . • , . .,•
BOARD OF COMMISSIONERS . .
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• , . •
... .:. ... r••• This Water District is a municipal corporation,
: ,•••,..•,:, ; •,,.......
•:........... ••., :.• . . incorporated under the laws of the State of • ' . ' •
••••P, Position Term ; , Oregon, and its operations are governed by law. It ' ......''....::....:•:•:••:.
, ....,••-••,.:••,...,.., •••
... ..,, . . .. - .. . No.. Expires is governed by a Board of Commissioners, duly,
June 30 elected by the qualified voters of the District: .• ,
Robert Wyffels; Chair • ' - •• ••• 3,... • 1993 . •'
Audrey Castile, Secretary 5 1995 The water supply and distribution system is the • . • '
Clarence Nicoli,;Treasurer . . .4 , . 1§95 property of the people of the District. • : .• ' .. . .
. .
Jon Kvistad 1 ' 1993 . . .‘. • , •
John T. Haunsperger 2 1993 . The Commissioners ask the cooperation of all ' • ''
patrons to insure observance of rules, protection. ' ,
.
of the system; and prompt payment of water bills. . .
•
Administrative Director Notify the District immediately of any condition'
Jed L. Chenelle . needing correction. . •
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Superintengeni.. . .7, .
. .., „ . . ... /. .. ; . The Board of Commissioners meets regularly'on
-.,,. • ..7 , r..: . -.... %,.. ':;. ...: .. • • ,
Randy J. Volk' ' .: . . the second Tuesday of each month at 730 p.m. at
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r RULES, RATES, AND REGULATIONS
charges for these are shown in Appendix 1'. The
- of the' • • size of meter shall be determined by management. .
' TIGARD WATER DISTRICT District shall prescribe the number of buildings to '
be served from one meter and such determination
shall be final. No user shall furnish water to:any
ii • The Board of Commissioners has adopted the family, business, institution, or premises other than
• i' following rules; rates, and regulations for service those occupied by that user; provided, however,' . .
in the Tigard Water District. • • - • that the Board may permit a user to supply others,.
. • • through user's service connection, in which event •
•Section 1. Application for Service. No service such user will be charged an additional monthly '
• ` will be supplied or water furnished to any premises minimum for each additional user so supplied.
except upon the written application of the legal Such permit maj be revoked and separate service
• owner of the premises, or his duly authorized connections required at any time. ' ,
Iagent, upon the printed forms of the District. Such
owner shall be responsible for all charges for Section 5. Furnishing Water. The District shall •
service to said premises, whether supplied to not be obligated to furnish and install, at its • • • •
himself or to a renter,or occupant thereof, and for expense, system facilities for all property within the
the.compliance of any occupant with all rules of District. The District shall, so far as reasonable
the District. • and practicable and within its financial means,.
however, provide adequate source of supply,". .
Section 2. Use of Water. Water will be furnished necessary primary feeder mains, storage facilities
for ordinary domestic, business and community and other improvements necessary to make water
'purposes, and fire protection, only. No water will service generally:available to all areas within the
• be furnished for the direct operation of steam District. Extensions to furnish water to areas not • .,
'i boilers, machinery or golf courses, except on an now served by the District will be made at the ' •
interruptible basis, and the District will assume no expense of those persons requesting service. .
responsibility therein. Such extensions will be made by the District or by .
those expressly authorized by the District. All
Section 3. Service Size. A standard service applications for line extensions to provide new `
connection, with 5/8" x 3/4" meter, will be service are subject to review by the Board of
' installed from the main to the street curb or , Commissioners. Consideration will be given to the
property line. (See charges in Appendix I.) The District's ability to serve and to eligibility•for • ,„
'
amount of the meter installation charge shall annexation to the District of the property to be
l accompany all applications. Larger meters may served. , , .
be required for some services. The additional . '
i
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• ,Section 6. Private Service Pipes. All pipes from . Plumbing should be of high test and first class I
the meter to the premises must be installed in • and where pressures may become high, on 5/8" x••• r ,
• accordance with good engineering practice, and 3/4" and 1" meters, a pressure regulator may be •
• maintained in good order by the user. Pipes must installed at the meter by the District to control-
be laid 24 inches deep and provided with a stop varying pressures. (On meters 1 1/2" and larger,
Id and waste valve for drainage, and all standpipes user is'responsible for installing a pressure:•
or fittings of any kind must be so located, regulator.) The District will not be responsible.for
.1' anchored and installed as not to interfere with or damage from varying pressures. The Administrator
endanger the meter. All pipes must be well or authorized person may inspect pipes and
protected from freezing. plumbing at proper times.' .
Section 7. Credit for Water Leaks. When a water Section 10. Physical Connections with other'
leak occurs on the customer's side,of the water Water Supplies or Systems. Neither cross• •
meter resulting in an unusually high water bill, g connections nor physical connections of any kind •
customers can apply for a credit to their water bill shall be made to any other water supply, whether
equal to 1/2 the cost of the leak (above the private or public, without the written consent and
ii normal bill), up to a maximum of $150. Customers approval of the Board of Commissioners, and the . , •
must apply for credit in writing, to the Water written approval of the Oregon State Board of . •
• District, and forward proof of the leak being fixed Health. (Included in this category are all pipe lines, •
• in a timely manner. appurtenances and facilities of the District system ' , .
• . and all pipes, appurtenances, pumps, tanks';••
Section 8. Jurisdiction. All service connections, storage reservoirs, facilities, equipment, appli
meters, mains and parts of the system through ances, etc., of other systems whether located
which water is served, except the pipes beyond within or on public orprivate property, or the. '
the meter, are the property of the District, and premises of a water user.)
•
under its exclusive control. No person other than
YII the Administrator or authorized person shall install The District's Administrator or other authorized {
any service, make any extension, turn the water representative shall have the right without being ' •
on or off, or otherwise tamper or interfere with the deemed guilty of trespass or unlawful act to check 1 .
, water or the system. the premises of users for physical connections
with other water supplies. Any such connection
{ Section 9. Waste--Plumbing--Inspection. shall be removed by the customer within ten days •
Water will not be furnished to premises where it is after written notice to remove is given by the , '
allowed to run or waste to prevent freezing, or District. If not removed within the time specified;
through defective plumbing, or otherwise. the District may remove or discontinue any• •
: , 6... 7
•
connection which it may have for servicing the tion or pollution due to cross connections.
' property. • Water service to any premises shall be contingent .
upon the customer providing cross connection
Section,11. Cross Connection Control control in a manner approved by Tigard Water ;
Program. Be it resolved that the Board of District. Backflow devices required to be installed
• Commissioners, Tigard Water District, hereby ; • shall be a model approved by the Oregon State
adopts a cross connection control program as Health Division.
:{I described below, effective May 13,1986:
,1
Authorized employees of Tigard Water District with ;.,'..;..,`;
The purpose of this resolution is to protect the proper identification shall have free access at ;
water supply of Tigard Water District from ' • reasonable hours of the day to those parts of a
, contamination or pollution from potential cross. premise or within buildings to which water is
connections; and to assure that approved supplied. Water service may be refused or
, backflow devices are tested annually. terminated to any premise for failure to allow
. . necessary inspections. •
The installation or maintenance of any cross
. connection which would endanger the water . ADOPTED by the Board of Commissioners, Tigard
I supply of Tigard Water District is prohibited. Any Water District, on May 13,1986.
such cross connection now existing or hereafter
, installed is hereby declared unlawful and shall be These requirements must be strictly observed as a '
ih rectified as directed by the Board of Commission- matter of public health and to prevent 'any possible
1l ers or its authorized representative(s). contamination of the water system. •
, • The control or elimination of cross connections , Section 12. Reading—=Billing. Meters will be read
, shall be in accordance with the regulations of on or about the 20th day of each month for the
. ; Oregon State Health Division. The policies, preceding two months. Fifteen days or less will be
procedures, and criteria for determining appropri- billed as a half-month. Over 45 days will be billed .
ate levels of protection shall be in accordance with as two full months.
the Accepted Procedure and Practice in Cross
Connection Control Manual, Amer. Water Works Section 13. Payment—Delinquency. All bills are
', Association, Pacific Northwest Section, current due on the 12th day of the calendar month .
edition (OR Admin. Rules, Ch. 333-61.070). following billing. The amount due must be paid to
r
an authorized agent of the District. Unpaid bills
It shall be the objective of Tigard Water District to become delinquent after the 12th of the month. •
protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is
.
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violated, the,water will be shut off and service I Section 18. Main Extensions, designed and , ;
disconnected until payment is received in full, and I installed by the District. All extensions,of mains,,• •
• i compliance with all rules is made. I and laterals of th,e District, and installed by the. "
I.
District, shall be paid for by,the person or their
II Section 14. Water Rates. See Appendix U. , assigns who desire such extensions, at cost plus,'
Charge for turning off'and on when water service i, 10% for overhead and supervision, and 8% for , . .
itis discontinued for non-payment of bill: $5.00 for a engineering. The estimated cost thereof, together • ,'
the first two times; $10,00 thereafter, • with such 18%, shall be deposited with the District
when application for such main extensions is
• Section 15. Discontinuance of Service for 30 made. ,
days or more will be made upon written applica-' . , • ,
tion, without charge, provided all bills are paid. Designed by others, installed.by the District.
; When design or supervision of installation of •
I Section 16. Interrupted Service—Changes in , improvements is performed by licensed engineers,
! Pressure. The water may be shut off at any time subject to approval by the Water District,and '
for repairs or other necessary work with or without installed by,the District, a fee shall be paid of 10% •
notice. Conditions may cause a variation of the for administration, inspections, water loss, . • • , •
pressure. The District will not be responsible for sampling, etc., and 2% for engineering review. .
I any damage caused by interruption of service or ' The estimated cost therof, together with,such '
varying pressure. When service is interrupted, hot 12%, shall be deposited with the District when
water faucets should be kept closed to prevent application for such,main extentions is made.,
it back flow of hot water or steam. ; .,
•
• Designed and installed by others.Whenmdesign, , ,
• . Section 17. Service Connection Maintenance. or supervision of installation of improveents is ,
The Water District will maintain all standard I performed by licensed engineers, and installation ', , ,,.
service connections in good repair without is performed and paid for by others, subject to ••'.' w
expense to the users. Each user is required to use approval by the District, a fee of 12% of construc- •
reasonable care and diligence to protect the water tion costs shall be imposed for development '
meter and meter box from loss or damage by charges. 0 • ' .
it freezing, hot water, traffic hazards, and other • •
• I' causes, in default of which, such user shall pay to Size of such extensions, type of pipe, location,
the Water District the full amount of the resulting gate valves, fixtures, fire hydrants and other ;
damage. fittings shall be under District specifications and , '
subject to District approval, and such mains shall , •
be laid from the end of the existing main to the far.,. ' , ' ;. .
10 • . . 1t' 11 '
., end of theproperty to be served. No lines or ' • I;''. ' and approved by District personnel to ensure. ;. ,.
laterals:shall be laid until the estimated cost • i ,' compliance'with plans and specifications. • .
1(, thereof, as hereinabove set forth, shall have been Back-filling of trenches prior to District approval is .
deposited with the District. All such extensions of � unauthorized, a
mains and laterals, and installation of fire hydrants 4 .
shall be the sole property of the District, without I If water main extension is necessary to serve an "
right of immediate refund on the part of the person •; existing single family dwelling and the main size .
1; or persons paying for such extension or on the �; required by the Tigard Water District is larger than
part of any person or persons whomsoever: No a 6" line, then that single family dwelling will pay . ' ''•• ,,''� '.:
extension of main will be permitted, accepted'or the cost of a 6" installation across the front of their • ..•
,
served by the District unless such line be at least a property, plus the cost of the meter. • •
6-inch diameter pipe. Short extensions, such as
cul-de-sacs, can be of smaller diameter upon • Applicant(s) will agree to be bound by and comply .
approval of the District. ` with the District's main extension policy and rules •
. ; and regulations and any subsequent revisions or
When a person is required to pay the cost of amendments to same which may be made from .
extending a water main adjacent to property other time to time. .
than that person's own so that water service for •
1 domestic use is provided for such other property Section 19. Limitation on the use of water as to
without further extension of the water main, the hours, purpose, or manner, may be prescribed
District shall require the owner of the other from time to time by the Board.
property, prior to providing water service to that . . .
property, to refund to the person required to pay Section 20. Temporary or Transient Service.
the cost of extending the water main, a pro'rata Temporary or transient service for construction
. portion of the cost of extension. The right to. work will be rendered upon deposit in advance of .'
require such refund shall not continue for more connection charge and one month's estimated
than 10 years after the date of installation of the water bill, and payment on the first of each month
extension of the water main. The amount to be of all accrued charges. Upon discontinuance of
;; refunded shall be determined by the District and j service, refund will be made for all connection
such determination shall be final. materials usable by the District at their depreciated
value, less the cost of removal and all charges
Each construction' contractor shall be approved by due. No temporary service shall be installed for . •
competent District authority prior to installing pipe any residence or building where a permanent
lines, pumps, etc. Those installations made by service connection may later be installed.
private contractors will be thoroughly inspected I
. 1,
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Section 21. Construction .�`I�! Section 26:•Amen�iments^ -S ecial Rulep-- ;.
Water. Water used via P
• a permanent meter installation for construction ^ . Contracts. The Board may at any time amend, ;
1 purposes will be billed at the one month's rate �•'•`' change or modify any rule; rate,or charge, or make..
(See Appendix II) at completion of construction, any special rule, rate or contract, and all water.
but not to exceed a period of 6 months, unless service is subject to such power. ;
E authorized by the District. Section 27. Grievances. Any unresolved
a' grievances as to service or complaint shall be
Section 22. Meter Out-of-Order--Test. If a motor reported and will be considered by *the Board at M
shall fail to measure accurately, the bill shall be •,, the next regular monthly meeting. , , , ,
If the average for the same periods in prior years.
;i Tests will be made periodically without charge to , Section 28. The Administrator and Employees,
,; the user. A user may demand a test upon payment '' are not authorized to make'any changes in these '
I} of a $5.00 charge for such test, If tho motor roads rules, rates, or regulations. . , •
5% or more over, such charge shall be rebated to ,
the user.
Section 23. Fire Hydrants. Fire hydrants will bo Approved November 28,1972, , ; ,, , . ,
installed by the Water District upon receipt of Revised November, 1992;.
• payment in advance of the estimated cost of the BOARD OF. COMMISSIONERS •
hydrant, fittings, and installation, plus 10% for I . . .
overhead. '
- .
'I Section 24. Fire Hydrant—Temporary Use. Any ` ' ' .
' person who desires to use a fire hydrant for , • ! '
temporary water supply must obtain'permission of , ' '•L ' "`
1the District. The user will be charged $25.00 for • • , ' • '
hook-up service plus the effective user rate as ` � '
1i shown in Appendix II plus $25.00/month for : • !
continued use. User is responsible for repair and/ • . • ••
!' or replacement of damaged meter. • . . '
•
Section 25. Illegal Use of Fire Hydrant or Meter. ' .. .
�' The penalty for connection to a fire hydrant or •,
meter without proper authority is a $100 fine.
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APPENDIX I—Meter Installation Chares • }go'
g r,t; APPENDIX II—Water Rates
Copper Service, including P-R Valve•
` Monthly Minimum* Out of District
if required, Connection Fee Meter Size (400 cubic feet) (Additional) ,
•
Size of Meter Charge Schedule 5/8"x3/4" $ 6.50 $ 2.50
m 1" 10.50 4.00
• .
1 1/2" 16.50 6.00Development Installation Total -
"
Meter Size Charge Fees Charges
' vii, 2 33.50 10.00
1g.• 3"
1 61.50 15.00
5/8"x3/4" $ 845. + ' $250 = $ 1095 • �<•. 4"` 103.50 19.00
1". 1690 + 350 .. = 20406" 144.50 28.00
. 1 1/2" 4225. + 715 = 4940 8" 201.00 • , 38.00 .
• 2" 6760 + 945 = 7705 1
Rate over 400 cubic feet: $1.20 per 100 cubic feet:
3" 13,520 + cost plus 10% • .
4" 21 ,125. + cost plus 10% Fire Rates (Sprinklers) will be based on the size of• •
6" 42,250 + cost plus 10% the service going into the building or vault: • .
..
8" 67,600 + cost•plus 10% $15 a mo,— 6" & smaller. •
10" 97,175 + cost plus 10% $20 a mo.— 8" & larger •
•
•
Bull Mountain Meter Rates
•
,;.. Booster Pumps: For areas served by District
• 5/8"x3/4" $1000 + $250 = $1250 owned and operated booster pumps, either to
1" 2000• + 350 = 2350 Z'�'' storage or direct to the system, an"additional
1 1/2" 5000 + 715 = 5715 11... minimum of $1.50•per month per meter (regard- . • :,• •
.I 2" • 8000 + 945 = 8945 less of meter size) shall be made. This charge is .
3" 16,000 + cost plus 10% not applicable,to the booster pumps located at SW •
4" 25,000 + cost plus 10% 72nd and Hunziker Road and SW Bonita Road • •. •
6" 50,000 + cost plus 10% near 1-5.
• 8" 80,000 + cost plus 10%
10" 115,000 + cost plus 10% •. ti,;
Fire Service Connection: l-y.,5
, . • Note: Billing is bi-monthly so amounts above
Fee $1,250 per Fire Service Tap + 12% Fee �, , . should be multiplied by 2 to compute bill for each ' •. •
based on Construction Costs. A.
period.
' I ATTENTION f '
• Corrections to Rules, Rates and Regulations,January 1993. ;
These changes to the Rules,Rates and Regulations for Water Service occurred after printing. Please insert the following in the
appropriate places.Wording changes within paragraphs are underlined. We apologize for any problems this may have caused.
Section 4. Separate Connection:(Add the entire section.) A separate service connection will be required for each dwelling, "
apartment or motel, place of business, and institution. All outlying buildings and premises used as a part of such dwelling place or
business or institution may be served from such connection, as well as all buildings on such premises operated under the one ...:..,:„.•:.':•:•,::,.:',,,";.::::;:•;•:•1;,1.,,..',:'
management.District shall prescribe the number of buildings to be served from ono meter and such determination shall be sinal.No
user shall furnish water to any family, business, institution or premises other than those occupied by that user; provided, however,
that the Board may permit a user to supply others through users'service connection in which event such user will be charged an
additional monthly minimum for each additional user so supplied. Such permit may be revoked and separate service connections
required at any time.
Section 9: (Change second sentence to read) ", , • Plumbing should be of high test and first class and in conformance with thra ;i' ;,*,;;,;`:',..r.},' ';;,,.i;,;,,• ';;;`,;,'!;t '''
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a ppropriatQcodes of the jurisdiction Issuinn the bn Io�jmIL and where pressures may become high,on 5/0"x3/4"and 1"motors, rf, ;;t ;;;,
a pressure regulator maybe installed at the meter by the District to control varying pressures. • . ' '� '..
Section 12: Reading—Billing, (Eliminate the entire section.)
Section 18: (Add sentence at the beginning of the last paragraph in Section 18.) The deveio2er or owner requesting the ,. , ' '
lienstruction project shall be liable for any added cost due to design difficulties. ° '
Section 22: (Delete $5.00.) (Add) "• , •,A user may demand a test upon payment of a $25.00 charge for such test. .. " • • • •
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