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08/10/1993 - Packet TIGARD WATER DISTRICT REGULAR BOARD OF COMMISSIONERS MEETING AGENDA August 10, 1993 at 7:30 p.m. Call to order 1. Visitors 2. Minutes of July 21, 1993 meeting Recommendation: Approve minutes as written 3. MPAC Representative -Rob Mitchell Item # 93-TWD-810-001 4. Ratification of representative and alternate to Metro Policy Advisory committee. Recommendation: Approve Resolution 93-13 ratifying the election of representative and alternate from Washington County to the Metro Policy Advisory committee (MPAC). Item #93-TWD-810-002 5. Board of Commissioner's Stipend Item #93-TWD-810-003 6. Interim Manager's Report a.) Work Accomplished Report --Item #93-TWD-810-004 b.) Quitclaim Deed --Item #93-TWD-810-005 7. Chair's Comments 8. Commissioner's Comments 9. Other Business 10. Executive Session The Tigard Water District will go into Executive Session under the provisions of ORS 192-660(1)(e), (h) and (j) to discuss real property transactions, public investments and possible litigation. 11. Adjourn TIGARD WATER DISTRICT BOARD OF COMMISSIONERS SPECIAL WORKSHOP MEETING MINUTES 7 p.m. July 21, 1993 Commissioners Present: John Haunsperger, Beverly Froude, George Morgan, Lou Ane Mortensen and Art Pedersen Staff Present: Randy Volk, Acting Administrative Director; Mike Miller, Senior Management Analyst; Nancy Johnson, Accounting Supervisor; Lorry Christian, Administrative & Human Resource Coordinator; Leslee Gemmill, Office Assistant; and David Knowles, Attorney. Visitors: Bob Wyffels, Rusty Thomas and John Schwartz The meeting was called to order at 7:17 p.m. by Chair Haunsperger. 1. Minutes of July 13 meeting. Commissioner Morgan motioned to approve the meeting minutes of July 13 as submitted and Commissioner Pedersen seconded the motion. A voice vote was called and the meeting minutes were approved unanimously. 2. David Knowles, attorney, reviewed the Interim Intergovernmental Agreement for Creation of a Joint Water Agency with the new Board of Commissioners. There was brief discussion regarding this agreement. Then Mr. Knowles outlined ORS 308.225, ORS 222.520 and the local budget law. (See attachment.) 3. a. Self Introduction and Brief Summary of Background by Commissioners. Each Commissioner presented their background and how they became members of the Tigard Water District as Board of Commissioners. b. Copies of Resolutions and Ordinance approved at 6/29/93 Board meeting. There was no discussion or comments regarding this agenda item. c. Educate about Water and Supply. etc. Randy Volk reviewed the history of the Tigard Water District and Mike Miller talked about water lines, transmission mains and future reservoir sites. d. Tour of the District. This agenda item was not discussed. e. Billing: hi-monthly to monthly. This agenda item was not discussed. f. Employee feedback regarding transition from TWD to SEWCJWA. This agenda item was not discussed. g. Complaints from water patrons? Randy Volk indicated there were no specific complaints from water patrons however, a federally required statement regarding lead and copper levels in the customer's water which will be printed on the back of this month's water bill may increase the number of phone calls to the water district. There was brief discussion regarding delinquent accounts and water accounts actually shut off for lack of payment. h. Training and Development of Employees._ This agenda item was not discussed. i. Auditors: Are there any pending issues from the last audit? Nancy Johnson indicated that there is still one issue pending from the last audit management letter and due to a lack of people we are unable to comply. i. Control costs for purchases. This agenda item was not discussed. k. Control fees to patrons. This agenda item was not discussed. 1. Review of assets and infrastructure required to maintain service to unincorporated area without incurring unnecessary costs to patrons of unincorporated area. This agenda item was deleted by the Commissioners. At 8:35 p.m., Chair Haunsperger requested a five minute recess. The regular meeting reconvened at 8:48 p.m. m. Current definition of agreement between SEWCJWA and TWD for continued operational requirements and water service. This agenda item was deleted by the Commissioners. n. Who is drafting final 190 agreement? Commissioner Morgan addressed the other Board of Commissioners regarding his concerns about certain policy issues of the 190 agreement. Commissioner Pedersen agreed with Commissioner Morgan's statements and asked what the advantages and/or reasons for the three cities to have withdrawn from the Tigard Water District. John Schwartz, Board of Director for the SEWCJWA briefly talked about the City of Tigard's reasons for the withdrawal and explained that special districts were originally designed to dissolve when a city was capable and/or willing to manage the water district. 2 o. City of Tiaard's giving consideration to consolidation. elimination and duplications to save dollars. John Schwartz said one of the contributing factors to the Cities of Tigard, Durham and King City withdrawing and forming a joint water agency was for the possible consolidation of efforts and duplication of equipment. At 8:58 p.m., the Board of Commissioners and David Knowles, Attorney, went into Executive Session under the provisions of ORS 192.550(1)(e), (h) and (j) to discuss real property transactions, public investments and possible litigation. At 9:45 p.m., the Board came out of Executive Session and Chair Haunsperger brought the general meeting to order. Letter from Patrick Reilly_ . City Administrator. City of Tigard dated and received July 21. 1993. Commissioner Morgan made a motion that the City of Tigard be informed that the District wishes to continue its existence as a District, and to also have representation on any effort to establish a joint water agency on a more permanent basis than now exists. To implement this, Commissioner Morgan further moved that the District engage David Knowles as its attorney to represent the policy position that the Board feels was incorporated in the interim agreement that recognizes two things: (1) the identity of the unincorporated area be maintained and (2) the policy of non discrimination, favoritism or partiality be avoided in the establishment of any service conditions. Commissioner Froude seconded the motion. A voice vote was called for and the motion was passed unanimously. D. Administrator. Correspondence dated July 20. 1993 from John Schwartz. Vice Chairman. SEWCJWA. addressed to the members of the King_ City City Council. The SEWCJWA subcommittee met on July 20, 1993 to write a proposal regarding an interim manager. The proposal was to be presented to the King City council members on July 21st for consideration at their next council meeting or before if possible. The proposal for consideration includes that John Buol work for the Joint Water Agency 16 hours per week with set office hours at the Agency and at King City. a. Goals and objectives of Commissioners. This agenda item was not discussed. r. How TWD can best serve water patrons. This agenda item was not discussed. 4. Other Business. Beverly Froude asked the Board for their input regarding the written proposal outlining Mr. Buol's employment as interim administrator for the SEWCJWA. After discussion, it was decided that the Board was in favor of this proposal for the interim period and 3 Commissioner Morgan stated it was important that a work plan be formulated and a formal open recruitment process begin. The 1993 Washington County Leaders' Conference is scheduled for August 25 and 26 at the Silver Falls Conference Center. Commissioner Froude is going to consider attending. Randy Volk mentioned that Mrs. Martha Bishop formally requested the big yellow van be driven in the Tigard Town Country Days Parade. After a brief discussion, the Board of Commissioners agreed that it would not be a problem to have the van in the parade however, to keep in mind the name reflected (Tigard Water District) isn't correct. Comments were heard from Bob Wyffels. The meeting adjourned at 10:05 p.m.. 4 TIGARD WATER DISTRICT AGENDA BILL August 5, 1993 Item # 93.TWD.810-001 SUBJECT: DEPARTMENT: Visitor Rob Mitchell, elected representative to Lorry Christian Metro Policy Advisory Committee (MPAC), Administrative & Human Resource Chair, Tualatin Valley Water District Board Coordinator of Commissioners. BUDGET: ESTIMATED REVENUES: None None STAFF REPORT: At the July 13 meeting, the Board asked that Rob Mitchell be invited to this meeting to discuss the role of MPAC and answer questions. RECOMMENDED ACTION: ALTERNATIVE ACTION: BOARD ACTION TAKEN: TIGARD WATER DISTRICT AGENDA BILL August 5, 1993 Item # 93.TWD.810-002 SUBJECT: DEPARTMENT: Resolution 93-13, Ratifying Lorry Christian Ratifying Rob Mitchell as Representative Administrative &Human Resource to Metro Policy Advisory Committee Coordinator BUDGET: ESTIMATED REVENUES: None None STAFF REPORT: With the adoption of the new Metro charter in the November 1992 election, a new advisory committee, the Metro Policy Advisory Committee (MPAC) was formed. This committee is required to include elected representatives from special districts in each of the three metro counties. Under the charter, MPAC has three major roles at Metro: • Metro must seek the advice of MPAC before authorizing provision regulation of a service by Metro which is not at that time a local government service. • If Metro wants to provide or regulate a service which is a local government service, it must first get approval either from MPAC or from the voters. • By September 1995, Metro, with MPAC advice, will complete a study of the Boundary Commission functions. Representation of special districts in each of these functions will prevent a bias in favor of general purpose government. The Special Districts Association of Oregon(SDAO) organized caucus meetings which were held in each county. At these meetings, candidates for the MPAC representatives were nominated and elected. The representative from Washington County is Rob Mitchell, Tualatin Valley Water District, with alternate Bill Bloom, Tualatin Valley Fire and Rescue District. These representatives have been seated and meetings of MPAC have begun. Gussie McRoberts, Gresham mayor, was elected MPAC chair, and Rob Mitchell was elected vice chair. Metro has asked that boards of the special districts in each county ratify the election results. In the event of a challenge, there would be no question as to the qualification of a special district Agenda Bill 93.TWD.810-002, page 2 representative to serve on MPAC if a majority of the special district boards within the appropriate county ratifies the appointment. RECOMMENDED ACTION: Approve Resolution 93-13 ratifying Rob Mitchell as MPAC representative and Bill Bloom as alternate from Washington County. ALTERNATIVE ACTION: Take whatever other action the Board prefers. BOARD ACTION TAKEN: J 1992 METRO CHARTER Filed by the Metro Charter Committee with the elections officer of the Portland area metropolitan service district, pursuant to ORS 268.730, for approval or rejection by district voters at the November 3, 1992 general election. PREAMBLE We, the people of the Portland area metropolitan service district, in order to establish an elected, visible and accountable regional government that is responsive to the citizens of the region and works cooperatively with our local governments; that undertakes, as its most important service, planning and policy making to preserve and enhance the quality of life and the environment for ourselves and future generations; and that provides regional services needed and desired by the citizens in an efficient and effective manner, do ordain this charter for the Portland area metropolitan service district, to be known as Metro. CHAPTER I NAMES AND BOUNDARIES Section 1. Title of Charter. The title of this charter is the 1992 Metro Charter. Section 2. Name of Regional Government. The Portland area metropolitan service district, referred to in this charter as the "Metropolitan Service District", continues under this charter as a metropolitan service district with the name "Metro." Section 3. Boundaries. The Metro area of governance includes all territory within the boundaries of the Metropolitan Service District on the effective date of this charter and any territory later annexed or subjected to Metro governance under state law. This charter refers to that area as the "Metro area". Changes of Metro boundaries are not effective unless approved by ordinance. No change of Metro boundaries requires approval by a local government boundary commission or any other state agency unless required by law. The custodian of Metro records shall keep an accurate description of Metro boundaries and make it available for public inspection. CHAPTER II FUNCTIONS AND POWERS Section 4. Jurisdiction of Metro. Metro has jurisdiction over matters of metropolitan concern. Matters of metropolitan concern include the powers granted to and duties imposed on Metro by current and future state law and those matters the council by ordinance determines to be of metropolitan concern. The council shall specify by ordinance the extent to which Metro exercises jurisdiction over matters of metropolitan concern. 1992 Metro Charter Page 1 Section 5. Regional Planning Functions. (1) Future Vision. (a)Adoption. The council shall adopt a Future Vision for the region between January 15, 1995 and July 1, 1995. The Future Vision is a conceptual statement that indicates population levels and settlement patterns that the region can accommodate within the carrying capacity of the land, water and air resources of the region, and its educational and economic resources, and that achieves a desired quality of life. The Future Vision is a long- term, visionary outlook for at least a 50-year period. As used in this section, "region" means the Metro area and adjacent areas. (b) Matters addressed. The matters addressed by the Future Vision include but are not limited to: (1) use, restoration and preservation of regional land and natural resources for the benefit of present and future generations, (2) how and where to accommodate the population growth for the region while maintaining a desired quality of life for its residents, and (3) how to develop new communities and additions to the existing urban areas in well-planned ways. (c) Development. The council shall appoint a commission to develop and recommend a proposed Future Vision by a date the council sets. The commission shall be broadly representative of both public and private sectors, including the academic community, in the region. At least one member must reside outside the Metro area. The commission has authority to seek any necessary information and shall consider all relevant information and public comment in developing the proposed Future Vision. The commission serves without compensation. (d) Review and amendment. The Future Vision may be reviewed and amended as provided by ordinance. The Future Vision shall be completely reviewed and revised at least every fifteen years in the manner specified in subsection (1)(c) of this section. -:(e)Effect. The Future Vision is not a regulatory document. It is the intent of this charter that the Future Vision have no effect that would allow court or agency review of it. (2) Regional Framework Plan. (a) Adoption. The council shall adopt a regional framework plan by December 31, 1997 with the consultation and advice of the Metro Policy Advisory Committee (MPAC) created under section 27 of this charter. The council may adopt the regional framework plan in components. (b) Matters addressed. The regional framework plan shall address: (1) regional transportation and mass transit systems, (2) management and amendment of the urban growth boundary, (3)protection of lands outside the urban growth boundary for natural resource, future urban or other uses, (4) housing densities, (5) urban design and settlement patterns, (6) parks, open spaces and recreational facilities, (7) water sources and storage, (8) coordination, to the extent feasible, of Metro growth management and land use planning policies with those of Clark County, Washington, and (9) planning responsibilities mandated by state law. The regional framework plan shall also address other growth management and land use planning matters which the council, with the consultation and advice of the MPAC, determines are of metropolitan concern and will benefit from regional planning. To encourage regional uniformity, the regional framework plan shall also contain model terminology, standards and 1992 Metro Charter Page 2 procedures for local land use decision making that may be adopted by local governments. As used in this section, "local" refers only to the cities and counties within the jurisdiction of Metro. (c) Effect. The regional framework plan shall: (1) describe its relationship to the Future Vision, (2) comply with applicable statewide planning goals, (3) be subject to compliance acknowledgement by the Land Conservation and Development Commission or its successor, and (4) be the basis for coordination of local comprehensive plans and implementing regulations. (d) Amendment. The council may amend the regional framework plan after seeking the consultation and advice of the MPAC. (e) Implementation. To the maximum extent allowed by law, the council shall adopt ordinances: (1) requiring local comprehensive plans and implementing regulations to comply with the regional framework plan within three years after adoption of the entire regional framework plan. If the regional framework plan is subject to compliance acknowledgement, local plans and implementing regulations shall be required to comply with the regional framework plan within two years of compliance acknowledgement; (2) requiring the council to adjudicate and determine the consistency of local comprehensive plans with the regional framework plan; (3) requiring each city and county within the jurisdiction of Metro to make local land use decisions consistent with the regional framework plan until its comprehensive plan has been determined to be consistent with the regional framework plan. The obligation to apply the regional framework plan to local land use decisions shall not begin until one year after adoption and compliance acknowledgement of the regional framework plan; and (4) allowing the council to require changes in local land use standards and procedures if the council determines • changes are necessary to remedy a pattern or practice of decision making inconsistent with the regional framework plan. (3) Priority and funding of regional planning activities. The regional planning functions under this section are the primary functions of Metro. The council shall appropriate funds sufficient to assure timely completion of those functions. Section 6. Other Assigned Functions. Metro is also authorized to exercise the following functions: (1) Acquisition, development, maintenance and operation of: (a) a metropolitan zoo, (b) public cultural, trade, convention, exhibition, sports, entertainment, and spectator facilities, (c) facilities for the disposal of solid and liquid wastes, and (d) a system of parks, open spaces and recreational facilities of metropolitan concern; (2) Disposal of solid and liquid wastes; (3) Metropolitan aspects of natural disaster planning and response coordination; (4) Development and marketing of data; and (5) Any other function required by state law or assigned to the Metropolitan Service District or Metro by the voters. • 1992 Metro Charter Page 3 Section 7. Assumption of Additional Functions. (1) Assumption ordinance. The council shall approve by ordinance the undertaking by Metro of any function not authorized by sections 5 and 6 of this charter. The ordinance shall contain a finding that the function is of metropolitan concern and the reasons it is appropriate for Metro to undertake it. (2) Assumption of local government service function. (a) An ordinance authorizing provision or regulation by Metro of a local government service is not effective unless the ordinance is approved by the voters of Metro or a majority of the members of the MPAC. Voter approval may occur by approval of a referred measure (1) authorizing the function or (2) relating to finances and authorizing financing or identifying funds to be used for exercise of the function. As used in this section, "local government service" is a service provided to constituents by one or more cities, counties or special districts within the jurisdiction of Metro at the time a Metro ordinance on assumption of the service is first introduced. (b) An ordinance submitted to the MPAC for approval is deemed approved unless disapproved within 60 days after submission. (c) No approval under this subsection is required for the compensated provision of services by Metro to or on behalf of a local government under an agreement with that government. (3) Assumption of other service functions. The council shall seek the advice of the MPAC before adopting an ordinance authorizing provision or regulation by Metro of a service which is not a local government service. (4) Assumption of functions and operations of mass transit district. Notwithstanding subsection (2) of this section, Metro may at any time assume the duties, functions, powers and operations of a mass transit district by ordinance. Before adoption of this ordinance the council shall seek the advice of the Joint Policy Advisory Committee on Transportation or its successor. After assuming the functions and operations of a mass transit district, the council shall establish a mass transit commission of not fewer than seven members and determine its duties in administering mass transit functions for Metro. The members of the governing body of the mass transit district at the time of its assumption by Metro are members of the initial Metro mass transit commission for the remainder of their respective terms of office. (5) Boundary commission functions. The council shall undertake and complete a study of the Portland Metropolitan Area Local Government Boundary Commission, with advice of the MPAC, by September 1, 1995. The council shall implement the results of the study and shall seek any legislative action needed for implementation. 1992 Metro Charter Page 4 Section 8. Preservation of Authority to Contract. All Metro officers shall preserve, to the greatest extent possible, the ability of Metro to contract for all services with persons or entities who are not Metro employees. Section 9. General Grant of Powers to Carry Out Fr actions; Construction of Specified Powers. When carrying out the functions authorized or assumed under this charter: (1) Metro has all powers that the laws of the United States and this state now or in the future could allow Metro just as if this charter specifically set out each of those powers, (2) the powers specified in this charter are not exclusive, (3) any specification of power in this charter is not intended to limit authority, and (4) the powers specified in this charter shall be construed liberally. CHAPTER III FINANCE Section 10. General Authority. Except as prohibited by law or restricted by this charter, Metro may impose, levy and collect taxes and may issue revenue bonds, general and special obligation bonds, certificates of participation and other obligations. The authority provided under this section supplements any authority otherwisegranted by law. Section 11. Voter Approval of Certain Taxes. Any ordinance of the council imposing broadly based taxes of general applicability on the personal income, business income, payroll, property, or sales of goods or services of all, or a number of classes of, persons or entities in the region requires approval of the voters of Metro before taking effect. This approval is not required (1) to continue property taxes imposed by the Metropolitan Service District, (2) for the rate or amount of any payroll tax imposed by a mass transit district as of June 1, 1992, if the functions of that district are assumed by Metro, or (3) for additional payroll tax revenues for mass transit imposed to replace revenues lost by withdrawal of any locality from the service area of the mass transit district after June 1, 1992. For purposes of sections 11, 13 and 14 of this charter, "taxes" do not include any user charge, service fee, franchise fee, charge for the issuance of any franchise, license, permit or approval, or any benefit assessment against property. Section 12. Voter Approval of General Obligation Bonds. Issuance of general obligation bonds payable from ad valorem property taxes requires the approval of the voters of Metro. 1992 Metro Charter Page 5 Section 13. Prior Consultation for Tax Imposition. Before imposing any new tax for which voter approval is not required, the council shall establish and seek the advice of a tax study committee that includes members appointed from the general population, and from among businesses and the governments of cities, counties, special districts and school districts, of the Metro area. Section 14. Limitations on Expenditures of Certain Tax Revenues. (1) Generally. Except as provided in this section, for the first fiscal year after this charter takes effect Metro may make no more than $12,500,000 in expenditures on a cash basis from taxes imposed and received by Metro and interest and other earnings on those taxes. This expenditure limitation increases in each subsequent fiscal year by a percentage equal to (a) the rate of increase in the Consumer Price Index, All Items, for Portland-Vancouver (All Urban Consumers) as determined by the appropriate federal agency or (b) the most nearly equivalent index as determined by the council if the index described in (a) is discontinued. (2) Exclusions from limitation. This section does not apply to (a) taxes approved by the voters of Metro or the Metropolitan Service District and interest and other earnings on those taxes, (b) payroll taxes specified in section 11 of this charter, and (c) tax increment financing charges on property. Section 15. Limitations on Amount of User Charges. Except to the extent receipts in excess of costs from food and beverage sales, parking and other concessions are dedicated to reducing charges for the provision of goods or services to which the concession directly relates, charges for the provision of goods or services by Metro may not exceed the costs of providing the goods or services. These costs include, but are not limited to, costs of personal services, materials, capital outlay, debt service, operating expenses, overhead expenses, and capital and operational reserves attributable to the good or service. CHAPTER IV FORM OF GOVERNMENT Section 16. Metro Council. (1) Creation and Powers. The Metro council is created as the governing body of Metro: Except as this charter provides otherwise, and except for initiative and referendum powers reserved to the voters of Metro, all Metro powers are vested in the council. 1992 Metro Charter Page 6 (2) Composition. Beginning January 2, 1995, the council consists of seven councilors, each nominated and elected from a single district within the Metro area. Until that date the council consists of the 13 members of the governing body of the Metropolitan Service District whose terms begin or continue in January 1993 and whose districts continue until replaced as provided in this section. The terms of those members expire January 2, 1995. (3) Apportionment of council districts. (a) Creation and appointment Qf apportionment commission. A Metro apportionment commission of seven commissioners is created. To appoint the commission the council shall divide itself into five pairs of councilors and one group of three councilors. Each pair and group of councilors shall be from contiguous districts and appoints one commissioner. The presiding officer appoints one commissioner and the commission chair. At least two commissioners must be appointed from each of the three counties within the Metro area, and each commissioner appointed by a pair or group of councilors shall reside in one of the districts from which the councilors making the appointment are elected or appointed. All appointments to the commission shall be made by February 1, 1993. (b) Appointment by executive officer. If all appointments to the commission are not made by February 1, 1993, the executive officer shall appoint all commissioners and designate its chair by March 1, 1993. The executive officer shall appoint at least two commissioners from each of the three counties within the Metro area and may not appoint more than one commissioner from a single council district. (c) Disaualificarions from commission membership. No commissioner, or his or _ her spouse, children, or stepchildren may (1) be a Metro councilor, executive officer or employee, (2) be an elected officer or employee of any city, county or special district, (3) have an economic interest which is distinct from that of the general public in any policy or legislation adopted by Metro or the Metropolitan Service District within the previous two years or which is being considered for adoption, or (4) be engaged, directly or indirectly, in any business with Metro which is inconsistent with the conscientious performance of the duties of commissioner. No commissioner may be a candidate for the office of councilor or executive officer in the first primary and general elections after adoption of this charter. Any challenge of the qualifications of a commissioner shall be made by May 1, 1993. (d) Commission vacancies. A vacancy on the commission is filled by action of the authority that appointed the commissioner whose position is vacant. (e) Filing of apportionmem plan. Not later than July 1, 1993, the commission shall adopt and file with the council an apportionment plan dividing the Metro area into seven council districts. Councilors from those districts are first elected in the first statewide primary and general elections after adoption of this charter for a term of office beginning January 2, 1995. The affirmative vote of four commissioners is required to adopt the apportionment plan. • (f) Appointment of apportionment referee. If the commission fails to file an apportionment plan by July 1, 1993, the council shall appoint an apportionment referee by July 15, 1993. The provisions of subsection (3)(c) of this section apply to appointment of the 1992 Metro Charter Page 7 referee. The referee shall prepare and file with the council an apportionment plan within 60 days after his or her appointment. (g) Effective date of apportionment plan. An apportionment plan filed under this subsection becomes effective on the 30th day after filing unless a voter of Metro petitions for judicial review of the plan as provided by law. (h) Criteria for districts. As nearly as practicable, all council districts shall be of equal population and each shall be contiguous and geographically compact. The council may by ordinance prescribe additional criteria for districts that are consistent with the requirements of this subsection. (i)Appropriation offunds. The council shall appropriate sufficient funds to enable the commission and referee to perform their duties under this section. (j) Abolition of commission. The commission is abolished upon filing the apportionment plan required by this section or on July 2, 1993, whichever is earlier. (k) Repeal of subsection. Subsection (3) of this section is repealed January 1, 1994. Upon repeal its provisions shall be stricken from this charter and the other subsections of this section renumbered. (4) Initial terms of office. The terms of office of the four councilors receiving the highest number of votes among the seven councilors elected in 1994 end January 4, 1999. The terms of office of the other three councilors end January 6, 1997. Thereafter the term of office of councilor is four years. (5) Council presiding officer. At its first meeting each year the council shall elect a presiding officer from its councilors. (6) Council meetings. The council shall meet regularly in the Metro area at times and places it designates. The council shall prescribe by ordinance the rules to govern conduct of its meetings. Except as this charter provides otherwise, the agreement of a majority of councilors present and constituting a quorum is necessary to decide affirmatively a question before the council. (7) Quorum. A majority of councilors in office is a quorum for council business, but fewer councilors may compel absent councilors to attend. (8) Record of proceedings. The council shall keep and authenticate a record of council proceedings. Section 17. Metro Executive Officer. (1) Creation. The office of Metro executive officer is created. The executive officer is elected from the Metro area at large for a term of four years. The executive officer serves 1992 Metro Charter Page 8 full time and may not be employed by any other person or entity while serving as executive officer. (2) Duties. The primary duty of the executive officer is to enforce Metro ordinances and otherwise to execute the policies of the council. The executive officer shall also: (a) administer Metro except for the council and the auditor, (b)make appointments to Metro offices, boards, commissions and committees when required to do so by this charter or by ordinance, (c) propose for council adoption measures deemed necessary to enforce or carry out powers and duties of Metro, (d) prepare and submit a recommended annual Metro budget to the coancil for approval, and (e) keep the council fully advised about Metro operations. (3) Transition from Metropolitan Service District. The Metropolitan Service District executive officer in office when this charter takes effect is the Metro executive officer until January 2, 1995 when his or her term expires. The Metro executive officer is elected in the first statewide primary or general election after adoption of this charter for a term beginning January 2, 1995. (4) Veto. (a) Except as provided in this subsection, the executive officer may veto the following legislative acts of the council within five business days after enactment: (1) any annual or supplemental Metro budget, (2) any ordinance imposing, or providing an exception from, a tax, and (3) any ordinance imposing a charge for provision of goods, services or property by Metro, franchise fees or any assessment. (b) The council, not later than 30 days . after a veto, may override a veto by the affirmative vote of(1) nine councilors while the council consists of 13 positions and (2) five councilors after the council consists of seven positions as provided by section 16(2) of this charter. (c) A legislative act referred to the voters of Metro by the council is not subject to veto. Section 18. Metro Auditor. (1) Creation. The office of Metro auditor is created. The auditor is elected from the Metro area at large for a term of four years. The auditor serves full time and may not be employed by any other person or entity while serving as auditor. (2) First election: disqualification for other Metro elected offices. The auditor is first elected in the first statewide primary or general election after adoption of this charter for a term beginning January 2, 1995. During the term for which elected, and for four years thereafter, the auditor is ineligible to hold the offices of Metro executive officer or Metro councilor. (3) Duties. The auditor shall: (a) make continuous investigations of the operations of Metro including financial and performance auditing and review of financial transactions, personnel, equipment, facilities, and all other aspects of those operations, and (b) make reports to the Metro council and executive officer of the results of any investigation with any 1992 Metro Charter Page 9 recommendations for remedial action. Except as provided in this section, the auditor may not be given responsibility to perform any executive function. Section 19. Term of Office. The term of office of an officer elected at a primary or general election begins the first Monday of the year following election and continues until a successor assumes the office. CHAPTER V OFFICERS, COMMISSIONS AND EMPLOYEES Section 20. Oualifications of Elected Officers. (1) Councilor. A councilor shall be a qualified elector under the constitution of this state when his or her term of office begins and shall have resided during the preceding 12 months in the district from which elected or appointed. When the boundaries of that district have been apportioned or reapportioned during that period, residency in that district for purposes.of this subsection includes residency in any former district with area in the district from which the councilor is elected or appointed if residency is established in the apportioned or reapportioned district within 60 days after the apportionment or reapportionment is effective. (2) Executive officer and auditor. The executive officer and auditor shall each be a qualified elector under the constitution of this state when his or her term of office begins and shall have resided during the preceding 12 months within the boundaries of Metro as they exist when the term of office begins. At the time of election or appointment the auditor shall also hold the designation of certified public accountant or certified internal auditor. (3) Multiple elected offices. A Metro elected officer may not be an elected officer of the state; or a city, county or special district during his or her term of office. As used in this charter, special district does not include school districts. (4) Judeine elections and a ualifications. The council is the judge of the election and qualification of its members. Section 21. Compensation of Elected Officers. (1) Council. The salary of the council presiding officer is two-thirds the salary of a district court judge of this state. The salary of every other councilor is one-third the salary of a district court judge of this state. A councilor may waive a salary. 1992 Metro Charter Page 10 (2) Executive officer. The salary of the executive officer is the salary of a district court judge of this state. (3) Auditor. The salary of the auditor is eighty percent of the salary of a district court judge of this state. (4) Reimbursements. The council may authorize reimbursement of Metro elected and other officers for necessary meals, travel and other expenses incurred in serving Metro. Section 22. Oath. Before assuming office a Metro elected officer shall take an oath or affirm that he or she will faithfully perform the duties of the office and support the constitutions and laws of the United States and this state and the charter and laws of Metro. Section 23. Vacancies in Office. (1) Councilor. The office of councilor becomes vacant upon the incumbent's: (a)death, (b) adjudicated incompetency, (c) recall from office, (d) failure following election or appointment to qualify for the office within 10 days after the time for his or her term of office to begin, (e) absence from all meetings of the council within a 60 day period without the council's consent, (f) ceasing to reside in the district from which elected or appointed, except when district boundaries are reapportioned and a councilor is assigned to a district where the councilor does not reside and the councilor becomes a resident of the reapportioned district within 60 days after the reapportionment is effective, (g) ceasing to be a qualified elector under state law, (h) conviction of a felony or conviction of a federal or state offense punishable by loss of liberty and pertaining to his or her office, (i) resignation from office, or (j) becoming an elected officer of the state or a city, county or special district. (2) Executive officer and auditor. The offices of executive officer or auditor become vacant in the circumstances described in subsection (1)(a)-(d) and (g)-(j) of this section, or if the executive officer or auditor ceases to reside in the Metro area. The office of auditor also becomes vacant if the incumbent ceases to hold the designation of certified public accountant or certified internal auditor. (3) Vacancy after reapportionment. If a councilor vacancy occurs after the councilor has been assigned to a reapportioned district under section 32 of this charter, the vacancy is in the district to which that councilor was assigned. (4) Determination of vacancy. The council is the final judge of the existence of a vacancy. 1992 Metro Charter Page 11 Section 24. Filling Vacancies. A majority of councilors holding office shall fill a vacancy by appointment within 90 days after it occurs. The term of office of the appointee runs from the time he or she qualifies for the office after appointment until a successor is duly elected and qualifies for the office. If the vacancy occurs more than 20 days before the first general election after the beginning of the term for that office, the term of office of the appointee runs only until the first council meeting in the year immediately after that election. A person shall be elected for the remainder of the term at the first primary or general election after the beginning of the term. Section 25. Limitations of Terms of Office. No person may be elected councilor for more than three consecutive full terms. No person may be elected executive officer for more than two consecutive full terms. The limitations of this section apply only to terms of office beginning on or after January 2, 1995. Section 26. Appointive Offices and Commissions. (1) Appointments and confirmation. The executive officer appoints all employees in the office of the executive officer, all department directors, and all other positions this charter or ordinance requires the executive officer to appoint. Appointments of department directors are subject to council confirmation. The council by ordinance may require confirmation of other . positions. (2) Removal. Employees in the office of the executive officer and department directors serve at the pleasure of the executive officer. Staff employed by the council serve at the pleasure of the council. The executive officer may remove his or her other appointees as provided by ordinance. Section 27. Metro Policy Advisory Committee. (1) Creation and composition. The Metro Policy Advisory Committee (MPAC) is created. The initial members of the MPAC are: (a) One member of each of the governing bodies of Washington, Clackamas and Multnomah Counties appointed by the body from which the member is chosen; (b) Two members of the governing body of the City of Portland appointed by that governing body; (c) One member of the governing body of thesecond largest city in population in Multnomah County appointed by that governing body; (d) One member of the governing body of the largest city in population in Washington County appointed by that governing body; 1992 Metro Charter Page 12 (e) One member of the governing body of the largest city in population in Clackamas County appointed by that governing body; (0 One member of a governing body of a city with territory in the Metro area in Multnomah County other than either the City of Portland or the second largest city in population in Multnomah County, appointed jointly by the governing bodies of cities with territory in the Metro area in Multnomah County other than the City of Portland or the second largest city in population in Multnomah County; (g) One member of a governing body of a city with territory in the Metro area in Washington County other than the city in Washington County with the largest population, appointed jointly by the governing bodies of cities with territory in the Metro area in Washington County other than the city in Washington County with the largest population; (h) One member of a governing body of a city with territory in the Metro area in Clackamas County other than the city in Clackamas County with the largest population, appointed jointly by the governing bodies of cities with territory in the Metro area in Clackamas County other than the city in Clackamas County with the largest population; (i) One member from the governing body of a special district with territory in the Metro area in Multnomah County appointed jointly by the governing bodies of special districts with territory in the Metro area in Multnomah County; (j) One member from the governing body of a special district with territory in the Metro area in Washington County appointed jointly by the governing bodies of special districts with territory in the Metro area in Washington County; (k) One member from the governing body of a special district with territory in the Metro area in Clackamas County appointed jointly by the governing bodies of special districts with territory in the Metro area in Clackamas County; (1) One member of the governing body of Tri-County Metropolitan Transportation District of Oregon appointed by the governing body of that district; and, (m) Three persons appointed by the executive officer and confirmed by the council. No person appointed under this part of subsection (1) may be an elected officer of-or employed by Metro, the state, or a city, county or special district. Each person appointed under this part of subsection (1) shall reside in the Metro area during the person's tenure on the MPAC. (2) Change of composition. A vote of both a majority of the MPAC members and a majority of all councilors may change the composition of the MPAC at any time. (3) Duties. The MPAC shall perform the duties assigned to it by this charter and any other duties the council prescribes. • (4) Bylaws. The MPAC shall adopt bylaws governing the conduct and record of its meetings and the terms of its members. 1992 Metro Charter Page 13 Section 28. Metro Office of Citizen Involvement. (1) Creation and numose. The Metro office of citizen involvement is created to develop and maintain programs and procedures to aid communication between citizens and the council and executive officer. (2) Citizens' committee in office of citizen involvement. The council shall establish by ordinance (a) a citizens' committee in the office of citizen involvement and (b) a citizen involvement process. The council shall appropriate sufficient funds to operate the office and committee. CHAPTER VI ELECTIONS AND REAPPORTIONMENT Section 29. State Law. Except as this charter or a Metro ordinance provides otherwise, a Metro election shall conform to state law applicable to the election. Section 30. Elections of Metro Officers. (1) Generally. Except for certain elections to fill a vacancy in office, the first vote for councilor, executive officer or auditor occurs at an election held at the same time and places in the Metro area as the statewide primary election that year. If one candidate for a Metro office receives a majority of the votes cast at the primary election for all candidates for that office, that candidate is elected. If no candidate receives a majority of the votes cast at the primary election, the candidates receiving the two largest numbers of votes cast for the office are the only names to appear on the general election ballot that year as candidates for that office. The candidate who receives the largest number of votes cast at the general election for that office is elected. • (2) Nonpartisan offices. All elections of Metro officers are nonpartisan. Election ballots shall list the names of candidates for Metro offices without political party designations. Section 31. Multiple Candidacies. No person may be a candidate at a single election for more than one Metro elected office. 1992 Metro Charter Page 14 Section 32. Reapportionment of Council Districts After Census. (1) General requirements. Within three months after an official census indicates that the boundaries of council districts deny equal protection of the law, the council shall change the boundaries to accord equal protection of the law and shall assign councilors to the reapportioned districts. As nearly as practicable, all council districts shall be of equal population and each shall be contiguous and geographically compact. The council may by ordinance specify additional criteria for districts that are consistent with this section. (2) Failure to reapportion. If the council fails to establish council district boundaries as provided by this section, the executive officer shall establish the boundaries within 60 days. Section 33. Recall. (1) Generally. An elected officer of Metro may be recalled in the manner and with the effect described by the constitution and laws of this state. (2) Effect of reapportionment. Upon the effective date of a council reapportionment under section 32 of this charter, a councilor is subject to recall by the voters of the district to which the councilor is assigned and not by the voters of the district of that councilor existing before the reapportionment. Section 34. Initiative and Referendum. The voters of Metro reserve to themselves the powers of initiative and referendum. The council may provide for the exercise of those powers in a manner consistent with law. Section 35. Amendment and Revision of Charter. The council may refer, and voters of Metro may initiate, amendments to this charter. A proposed charter amendment may embrace only one subject and matters properly connected with it. The council shall provide by ordinance for a procedure to revise this charter. CHAPTER VII ORDINANCES Section 36. Ordaining Clause. The ordaining clause of an ordinance adopted by the council is: "The Metro Council ordains as follows:". The ordaining clause of an initiated or referred ordinance is: "The People of Metro ordain as follows:". 1992 Metro Charter Page 15 Section 37. Adoption by Council. (1) General requirements. The council shall adopt all legislation of Metro by ordinance. Except as this charter otherwise provides, the council may not adopt any ordinance at a meeting unless: (a) the ordinance is introduced at a previous meeting of the council, (b) the title of the ordinance is included in a written agenda of the meeting at which the ordinance is adopted, (c) the agenda of that meeting is publicized not less than three business days nor more than ten days before the meeting, and (d) copies of the ordinance are available for public inspection at least three business days before that meeting. The text of an ordinance may be amended, but not substantially revised, at the meeting at which it is adopted. (2) Immediate adoption. The provisions of this section do not apply to an ordinance adopted by unanimous consent of the council and containing findings on the need for immediate adoption. (3) Vote reouired. Adoption of an ordinance requires the affirmative votes of(a) seven councilors while the council consists of 13 positions, and (b) four councilors after the council consists of seven positions as provided by section 16(2) of this charter. Section 38. Endorsement. The person presiding over the council when an ordinance is adopted shall endorse the ordinance unless the council prescribes a different procedure by general ordinance. Section 39. Effective Date of Ordinances. (1) Generally. An ordinance takes effect 90 days after its adoption unless the ordinance states a different effective date. An ordinance may state an earlier effective date if(a) an earlier date is necessary for the health, safety or welfare of the Metro area, (b) the reasons why this is so are stated in an emergency clause of the ordinance, and (c) the ordinance is approved by the affirmative vote of two-thirds of all councilors. An ordinance imposing or changing a tax or charge, changing the boundaries of Metro, or assuming a function may not contain an emergency clause. (2) Vetoed and referred ordinances. If the executive officer vetoes an ordinance and the council overrides the veto, the date of adoption is the date on which the veto is overridden. If the council refers an ordinance to the voters of Metro, the ordinance effective date is the 30th day after its approval by a majority of the voters voting on the measure unless the ordinance specifies a later date. If a referendum petition is filed with the filing officer not later than the 90th day after adoption of an ordinance, the ordinance effective date is suspended. An ordinance is not subject to the referendum after it is effective. An ordinance referred by a referendum petition (a) does not take effect if a majority of the voters voting on the measure reject it and 1992 Metro Charter Page 16 (b) takes effect, unless the ordinance specifies a later date, on the date the results of the election are certified if a majority of the voters voting on the measure approve it. Section 40. Content of Ordinances. Each ordinance may embrace only one subject and all matters properly connected with it. The council shall plainly word each ordinance and avoid technical terms as far as practicable. Section 41. Public Improvements and Special Assessments. General ordinances govern the procedures for making, altering, vacating or abandoning a public improvement and for fixing, levying and collecting special assessments against real property for public improvements or services. State law governs these procedures to the extent not governed by general ordinances. CHAPTER VIII MISCELLANEOUS PROVISIONS • Section 42. Transition Provisions. All legislation, orders, rules and regulations of the Metropolitan Service District in force when this charter takes effect remain in force after that time to the extent consistent with this charter and until amended or repealed by the council. All rights, claims, causes of action, duties, contracts, and legal and administrative proceedings of the Metropolitan Service District that exist when this charter takes effect continue and are unimpaired by the charter. Each is in the charge of the officer or agency designated by this charter or by its authority to have charge of it. The unexpired terms of elected officers of the Metropolitan Service District continue as provided by this charter. Upon the effective date of this charter, the assets and liabilities of the Metropolitan Service District are the assets and liabilities of Metro. Section 43. Effective Date. This charter takes effect January 1, 1993. Section 44. Severability. The terms of this charter are severable. If a part of this charter is held invalid, that invalidity does not affect any other part of this charter unless required by the logical relation between the parts. 1992 Metro Charter Page 17 F . Section 45. State Legislation. By adopting this charter the voters of Metro direct the council to seek, and request the Legislative Assembly of this state to enact, any legislation needed to make all parts of this charter operative. 1992 Metro Charter Page 18 D 1 SPECIAL DISTRICTS ASSOCIATION OF OREGON A 0 / 727 Center Street NE •Salem, Oregon 97301 P.O. Box 12613 •Salem, Oregon 97309-2613 Phone: (503) 371-8667 • FAX: (503) 371-4781 MEMORANDUM DATE: June 15, 1993 TO: Managers of Special Districts within Metro Service District Boundaries FROM: Pat Lynch, Special Districts Association of Oregon Kevin Hanway, Western Advocates SUBJECT: Ratification of MPAC Appointments As part of the new Metro charter adopted at last November's election, a new advisory committee was formed, the Metro Policy Advisory Committee(MPAC). Unlike its.predecessor(Regional Policy Advisory Committee-RPAC), this committee, by the terms of the charter, is required to include elected representatives from special districts in each of the three metro counties. This is good news for special districts, evidence of the increasing recognition of the legitimate role special districts have to play in providing services in the metro area. MPAC has three major roles to play at Metro. Metro must seek the advice of MPAC before authorizing provision or regulation of a service by Metro which is not at that time a local government service. If Metro wants to provide or regulate a service which is a local government service, it must first get approval either from MPAC or from the voters. Finally, by September, 1995, Metro, with MPAC advice, will complete a study of the Boundary Commission functions. Representation of special districts in each of these functions will prevent a bias in favor of general purpose government. The Special Districts Association of Oregon(SDAO)was asked to organize the process for selection of the special district representatives to MPAC. We notified all of the metro-area districts of an organizational meeting to begin this process. From there, caucus meetings were held in each county at which candidates for the MPAC representatives were nominated and elected. The election results were: Clackamas County Representative: Chuck Petersen, Oak Lodge Sanitary District Alternate: John Reeves, Damascus Water District V Multnomah County Representative: Bud Farm, Powell Valley Road Water District 7-v Alternate: Marilyn Stevenson, Valley View Water District -0(97 diel Washington County �d `P ` ! "' -1 Representative: Rob Mitchell, Tualatin Valley Water District Alternate: Bill Bloom, Tualatin Valley Fire and Rescue District These representatives have been seated and meetings of MPAC have begun. Gussie McRoberts, Gresham mayor, was elected MPAC chair, and Rob Mitchell was elected vice chair. As a precaution against any future legal challenges to the qualifications of the committee or individual representatives, Metro has asked us to request that boards of the districts in each county ratify the election results. In the event of a challenge, there would be no question as to the qualification of a special district representative to serve on MPAC if a majority of the special districts boards within the appropriate county had ratified the appointment. It is essential that all special districts respond to this request, so that we can be certain to accomplish ratification by a majority of districts. We would appreciate your cooperation in presenting the ratification proposal to your board at its next meeting. A draft resolution has been enclosed, which has been approved in form by Metro, to assist you. A sample of a completed resolution is also enclosed for your reference. After adoption of the resolution, please return certified copies to the Clerk of the Council at Metro, 600 N.E. Grand Avenue, Portland 97232-2736, and to Pat Lynch at the SDAO office. Please call Kevin Hanway at 635-1224, or Pat Lynch at 1-800-285-5461, if you have any questions about MPAC or the ratification process. We appreciate your prompt help in adopting and returning the resolution to Metro. TIGARD WATER DISTRICT Resolution 93-13 A resolution ratifying the election of representative and alternate from Washington County to the Metro Policy Advisory Committee (MPAC). Whereas the Metro charter adopted in November 1992, established the Metro Policy Advisory Committee (MPAC)to advise the Metro Council on issues specified in the charter; and Whereas MPAC is to consist of elected local government officials from throughout the Metro region; and Whereas after written notice to the governing bodies of all special districts in the county, a caucus of special district elected officials met on January 5, 1993, to elect the special district representative and alternate for Washington County; and Whereas the following persons were nominated for the position of representative or alternate: Washington County: Rob Mitchell, Representative and Bill Bloom, Alternate Now, Therefore, Be it resolved that the Tigard Water District Board of Commissioners concurs in the election by the caucus of Rob Mitchell as representative and Bill Bloom as alternate to serve as the special district representative to MPAC for Washington County. Chair of the Board ATTEST Interim Manager Date TIGARD WATER DISTRICT AGENDA BILL August 5, 1993 Item # 93-TWD-810-003 SUBJECT: DEPARTMENT: Stipend for Commissioners. Lorry Christian Administrative & Human Resource Coordinator BUDGET: ESTIMATED REVENUES: This item has been budgeted for. None STAFF REPORT: ORS 198.190 states that "A member of the governing body of a district may receive not to exceed $50 for each day or portion thereof as compensation for services performed as a member of the governing body. Such compensation shall not be deemed lucrative. The governing body may provide for reimbursement of a member for actual and reasonable traveling and other expenses necessarily incurred by a member in performing official duties." The former Board of Commissioners received a monthly stipend of$45 each. RECOMMENDED ACTION: Approve a specific stipend per month or an amount of money reimbursing Commissioners toward expenses incurred on behalf of the District. This amount will be paid by check each month to Commissioners, rather than a credit against any water bill. ALTERNATIVE ACTION: Take whatever other action the Board prefers. BOARD ACTION TAKEN: TIGARD WATER DISTRICT AGENDA BILL August 6, 1993 Item #93-TWD-810-004 SUBJECT: DEPARTMENT: Work accomplished report for July Mike Miller and work projections for August and Sr. Management Analyst/ September. Engineering Coordinator BUDGET: ESTIMATED REVENUES: STAFF REPORT: In the attempt to keep the Board informed about the activities of the Agency, the work accomplished report was designed to show the different and varied types of work that is performed, not only by Agency personnel, but by private contractors working for developers within the Agency's boundary. The information regarding future activities of developers is helpful to the Agency in forecasting and scheduling activities of Agency personnel during the coming months. RECOMMENDED ACTION: No action is needed. ALTERNATIVE ACTION: BOARD ACTION TAKEN: Work Accomplished in July a. JWA finished relocating and adjusting nine water meters and services on SW 135th Avenue south of SW Walnut Street. The cost of this work which includes: labor; materials; equipment; and a 10% overhead charge, is $4,313.34. This was invoiced to the developer improving SW 135th Avenue. b. JWA replaced 108 feet of 8" C.I. (cast iron)pipe with 8" D.I. (ductile iron)pipe and removed and reinstalled a fire hydrant assembly on SW 135th Avenue at SW Walnut Street to accommodate the realignment and lowering of that intersection due to a street improvement project. The cost of this work which also includes: labor; materials; equipment; and a 10% overhead charge is $7,041.14. This amount was invoiced to the developer responsible for improving SW 135th Avenue. c. JWA replaced a fire hydrant at 13400 SW Walnut Street that was struck and damaged beyond repair by a delivery van. The cost of this work which includes: labor; material (new fire hydrant); equipment; and a 10% overhead charge is $1,388.81. This amount was invoiced to Magno-Humphries, Inc. owner of the delivery van. d. JWA installed 85- 3/4" water services in Hillshire#2, a single family residential development located south of the#3 reservoir site on SW 135th Avenue and west of the Benchview subdivision. The cost of this work which was charged to line item 52-7310 (water service installations) is $7,964.99. e. JWA installed four(4) 3/4" water services in Brelynn Woods, a single family development located at the west end of SW Mountain View Lane off of SW 93rd Avenue. The cost of this work which was charged to line item 52-7310 (water service installations) is $485.41. f. JWA installed a water sampling station in Hillshire#2 subdivision during the same time as the water services were being installed. The actual water sampling station is provided by the developer of the subdivision and the costs to install the sampling station are borne by the Agency. The cost of this work which was charged to line item 52-7340 (water sample station installations) is $143.50. g. JWA installed two (2) 2" water services for the new Tualatin Valley Fire and Rescue station next to the Operations Center. The cost of this work which was charged to line item 52-7310 (water service installations) is $280.34. h. JWA installed a 8" butterfly valve in a water main to help isolate that section of water main in the future. This work was charged to line item 51-6100 (repair and maintenance of water mains) for a total expenditure of$501.46 for July. i. JWA replaced six(6)valve boxes that were damaged or needed to be straighten so that the valve wrench can be aligned with the operating nut. This work is charged to line item 51-6105 (repair and maintenance of water valves) for a total expenditure of $78.94 for July. j. JWA replaced five (5) 5/8" x 3/4" water meters that were stuck or fogged and replaced five (5) meter boxes that were broken or damaged. This work is charged to line item 51-6160 (repair and maintenance of water meters) for a total expenditure of $263.53 for July. k. JWA repaired eight (8) 3/4" , one (1) 1", and one (1) 2" water service for various reasons (i.e. leaking services, services in roadway/sidewalks, street improvements, services that obstructed by mailbox clusters, etc.) during July. This work is charged to line item 51-6165 (repair and maintenance of water services) for a total expenditure this month of$613.18. 1. JWA repaired or replaced seven(7) 3/4" pressure regulators that were malfunctioning. This work is charged to line item 51-6170 (repair and maintenance of pressure regulators) for a total expenditure of$186.13 for the month of July. m. JWA replaced two (2) fire hydrants that were moved due to street improvement projects, and completely removed one fire hydrant so that it would not be placed in a concrete traffic divider. The Agency has a policy to update older fire hydrants whenever they must be moved to accommodate street improvement projects. These materials are charged to line item 51-6190 (repair and maintenance of fire hydrants) for a total expenditure of$1,350.27 for the month of July. n. JWA planted arborvitae at the High Tor reservoir site the first week of July. o. JWA installed 81 - 5/8" x 3/4" water meters; three (3) 1" water meters; and two (2) 1 1/2" water meters during the month of July. This work is charged to line item 52-7300 (water meter installations) for a total expenditure $5,541.95 during July. Work Accomplished in July by Private Contractors a. Private contractor installed 75 feet of 6" D.I. pipe and one (1) fire hydrant to serve four single family residences located at the west end of SW Mountain View Lane off of SW 93rd Avenue (Brelynn Woods). b. Private contractor to install 200 feet of 8" D.I. pipe, a vault for a 8" master water meter, and a vault with a 8" Double Check Valve Assembly (DCVA) for a new 210 unit multi-family development located in the City of Durham east of SW Boones Ferry Road next to the Tualatin River(Tualatin View Apartments). Work to be Accomplished in August a. JWA to install a 8" master meter for Tualatin View Apartments located in the City of Durham, east of SW Boones Ferry Road next to the Tualatin River. b. JWA to relocate and update the 3" compound water meter at Charles F. Tigard Elementary school on SW Grant Avenue. c. JWA to remove a fire hydrant and plug the fire hydrant tee (permanent removal) located on the south side of SW Bonita Road on the east side of the railroad tracks. The removal is necessary due to City of Tigard street improvement project scheduled this fall. d. JWA to replace a damaged fire hydrant at Bonita Packaging, 7333 SW Bonita Road, due to an unidentified truck striking the hydrant. e. JWA to install a fire hydrant on SW McKenzie Street between SW Pacific Hwy. and SW Grant Avenue to provide additional fire protection to the Kelly Center at St. Anthony's Catholic Church. JWA will be reimbursed by St. Anthony's for performing the work. f. JWA to install 66-3/4" water services and one (1) water sampling station for Bull Mountain Meadows, a single family residential development located on the south side of SW Scholls Ferry Road at the west end of the Agency. g. JWA to install two (2) 2" water services to serve Home Depot, a new commercial project located next to Interstate 5 south of SW Bonita Road. h. Private contractor for the JWA to have the SCADA system installed and operational around the end of August. Work to be Accomplished in August by Private Contractors a. Private contractor to install 1,000 feet of 12" D.I. pipe; 1,350 feet of 8" D.I. pipe; 950 feet of 6" D.I. pipe; and four(4) fire hydrants to serve 66 single family residences located on the south side of SW Scholls Ferry Road at the west end of the Agency (Bull Mountain Meadows). b. Private contractor to install 170 feet of 8" D.I. pipe; 500 feet of 6" D.I. pipe; two (2) fire hydrants; and relocate one fire hydrant to serve 61 multi-family residential units located on the east side of SW Hall Blvd. north of SW McDonald Street (Fanno Creek Village Apartments). c. Private contractor to install 1,940 feet of 8" D.I. pipe; four(4) fire hydrants; and a 8" fire line to serve a new commercial warehouse located on SW Sequoia Parkway south of SW Bonita Road (The Home Depot). d. Private contractor to install 1,730 feet of 6" D.I. pipe, and two (2) fire hydrants to serve 23 single family residences located south of SW 103rd Avenue and west of SW 100th Avenue (Marion Estates). e. Private contractor to install 60 feet of 8" D.I. pipe; 110 feet of 6" D.I. pipe; and three (3) fire hydrants to complete a commercial building project located in the Forum Business Park south of SW Scholls Ferry Road on SW Nimbus Avenue (Synektron). Work to be Accomplished in September by Private Contractors a. Private contractor to install 320 feet of 6" D.I. pipe, and one (1) fire hydrant to serve a new Church located on SW North Dakota Street west of SW 109th Avenue (The Church of Jesus Christ of Latter Day Saints). Pending Developments in Various Stages of Review a. Heron Grove, a 66 lot single family residential development located in the City of Durham off of SW Upper Boones Ferry Road at SW Ellman Lane. b. Bull Mountain Meadows phase 3, a 128 lot single family residential development located in the west end of the unincorporated area of the Agency on SW Scholls Ferry Road. c. Village at Fanno Creek Park, a multi family development located in the City of Tigard between SW Main Street and SW Ash Avenue. TIGARD WATER DISTRICT AGENDA BILL August 6, 1993 Item #93-TWD-810-005 SUBJECT: DEPARTMENT: Quitclaim of existing easement in Mike Miller Bull Mountain Meadows phase 2 Sr. Management Analyst/ Engineering Coordinator BUDGET: ESTIMATED REVENUES: STAFF REPORT: In November 1992 the Water District was granted a temporary utility easement for the purpose of guaranteeing ingress/egress to the 11 acre reservoir site south of SW Scholls Ferry Road . At that time the developers of Bull Mountain Meadows, Stone & Co. and Titan Homes, Inc., agreed to set aside a 25 foot wide access tract to our property in Phase 2 of their project. With the temporary easements in place the District was able to gain access from its property to a public street in Phase one of the development, which provides access to SW Scholls Ferry Road. Although the easement was to be extinguished automatically after the plat of Phase 2 of Bull Mountain Meadows was recorded at Washington County, the 25 foot tract of land outside of the public right-of-way could not. This is because the final location of the 25 foot tract of land has been slightly altered from the original legal description filed with the County. The new location of the 25 foot tract of land does not impair the ability of the Agency to gain access to public streets from the District property. Since the original legal description of the 25 foot tract of land is not the same as that of the platen that was recorded at Washington County on August 4, 1993, it is necessary for the District to extinguish the easement. In this way there will not be two easements overlapping each other on the same tax lot, which would reduce the buildable size of the lot. RECOMMENDED ACTION: Approve Resolution 93-16, a resolution to extinguish a waterline easement, Document No. 92-82635, in Bull Mountain Meadows Phase 2. ALTERNATIVE ACTION: Do not release the original easement and purchase lot 87 in Bull Mountain Meadows Phase 2. Estimated cost for the lot, $35,000 which is not in the adopted budget. BOARD ACTION TAKEN: TIGARD WATER DISTRICT RESOLUTION 93-16 A Resolution to extinguish an existing easement, Document No. 92-82635, to the reservoir site on Tax Lot 400, Map 2S 1 5DB. WHEREAS, Tigard Water District owns Tax Lot 400, Assessor's Map #2S 1 5DB, and has legal access to that property through public right-of-way within Bull Mountain Meadows; and WHEREAS, the owner and developers of Bull Mountain Meadows Phase 2, have relocated the 25 foot wide access tract slightly to the south of its recorded position in easement 92-82635; and WHEREAS, the new alignment does not inhibit the Agency's ability to gain access to public streets within Bull Mountain Meadows subdivision to SW Scholls Ferry Road. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the Tigard Water District does hereby extinguish the waterline easement recorded in Document No. 92-82635, located on lot 87 in Bull Mountain Meadows No. 2, Southwest 1/4 of Section 5, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon. Chair of the Board ATTEST: Interim Administrative Director Date CONSUMPTION &WATER LOSS REPORT Percentage of each type of water consumed, FY 1993-94 Month & Wells Clackamas R. Bull Run Total Year Cubic Feet Cubic Feet Cubic Feet Cubic Feet . July 1993 168,510 21,160,000 -0- 21,328,510 Aug. 1993 Sept. 1993 Oct. 1993 Nov. 1993 Dec. 1993 Jan. 1994 Feb. 1994 Mar. 1994 April 1994 May 1994 June 1994 Total 168,510 21,160,000 -0- 21,328,510 .8% 99.2% 0.0% 100.0% Unmetered water, FY 1993-94 Pumped Purchased Total Sold Loss Month Cu. Ft. Cu. Ft. Cu. Ft. Cu. Ft. Cu. Ft. Loss & Year x 1000 x 1000 x 1000 x 1000 x 1000 % . July 169 LO 21,160 21,329 20,678 651 3.05% 1993 P 0 Total: 169 21.160 21.329 20.678 651 3.05% . ( 1 month) *Monthly water losses are not accurate. Billing is accomplished every month,with one-half of the patrons billed for a 2-month period of water pumped/purchased computed on a monthly basis. Summary of water purchased and/or pumped and water losses Fiscal Year Well Lake Osweao Portland Water Losses 1987-88 0% 97% 3% 3.90% 1988-89 3% 93% 4% 7.90% 1989-90 6% 90% 4% 6.05% Average 1990-91 5% 90% 5% 9.00% 5.275% 1991-92 7% 89% 4% 15.50% 1992-93 9% 83% 8% 3.25% 1993-94 1% 99% 0% 3.05% (1 month) N.) A-1 FuuRE t5 50 bRiT (OUR 14 CzOTTA l leAR 514ADE3 ----7Th 2*--t )---I C0 0o Mk 1 J -_...•1 k--7- ( IIII f Y�r� itijo AUGUST INFORMATION PACKET • Tigard Water District List of Board of Commissioners. • Joint Water Agency List of Board of Directors. Meeting Notice: • FOCUS General Meeting, August 19th, Lake Oswego City Hall Council Chambers. Correspondence: • City of Tigard, Patrick Reilly's letter addressed to the TWD Board of Commissioners dated July 21, 1993. • Correspondence from David Knowles, Attorney with Davis Wright Tremaine Law Offices regarding Payment Obligations for TWD Outstanding General Obligation Bonds dated July 20, 1993. • Oregon Office of State Fire Marshall letter dated July 19th to Mike Miller, Senior Management Analyst, regarding Non-retail (Cardlock/Keylock) Fuel Dispensing Fire/Safety Evaluation on July 19, 1993. • Tigard Water District Ordinance 3-93 - An Ordinance adopting an Interim Intergovernmental Agreement for creation of a Joint Water Agency and declaring an emergency with attachments. Newspaper Articles: 1. Obituary on Jacob Peter Lohrenz, former superintendent of the Tigard Water District, Tigard Times, July 29, 1993 2. "Beaverton, Tualatin Valley Reach Water-Supply Plan" and "Water and Sewer Customers to Pay More for Service", The Oregonian, Friday, July 23, 1993. 3. "Water Cops Hunt Cheats in Proud Des Moines", The Oregonian, July 22, 1993. 4. "Wilsonville Retains Water-Use Rules as Reminder about Conservation", The Oregonian, July 22, 1993. 5. "More Rain, Fewer Water Cops in '93", The Oregonian, August 5, 1993 Miscellaneous: • Anonymous letter received July 19, 1993 addressed from a Tigard Citizen to the Editor of The Times. TIGARD WATER DISTRICT BOARD OF COMMISSIONERS George Morgan (Treasurer) 14130 SW 144th Ave. Tigard, OR 97224 h-590-1985 Lou Ane Mortensen 11160 SW Fonner Tigard, OR 97223 h-620-3072 b-626-2772 fax 627-0212 Art Pedersen P O Box 230804 Tigard, OR 97224 h-620-9572 John T. Haunsperger(Chair) 14260 SW High Tor Dr. Tigard, OR 97224-1464 Phone # 590-4214 Pager# 250-7273 (enter call back#) Msg#251-5200 (dial *6041#) Fax# 286-5450 Beverly Froude (Secretary) 12200 Bull Mountain Road Tigard, Or 97224 h-639-2529 SOUTHEAST WASHINGTON COUNTY JOINT WATER AGENCY BOARD OF DIRECTORS Lynda Jenkins, Chair (h)16525 SW Monterey Lane King City, OR 97224 (b) 639-4082 (h) 620-2119 John Schwartz, Vice Chair (h) 15900 SW 76th Tigard, OR 97224 (h) 620-5963 Robert Tydeman P 0 Box 23483 Durham, OR 97281 (h) 639-0092 (b) 288-7899 Patrick Reilly (b) 13125 SW Hall Blvd. Tigard, OR 97223 (b) 639-4171 Clarence Nicoli (h) 13560 SW Hall Blvd. Tigard, OR 97223 (h) 639-2983 Pager# 870-0862 Audrey Castile 8100 SW Durham Road Tigard, OR 97224 639-1395 Beverly Froude (h) 12200 Bull Mountain Road Tigard, OR 97224 (h) 639-2529 my= McKeever/Morris,Inc. 722 S.W.Second Avenue Suite 400 Portland,Oregon 97204 fax 503 228-7365 Date 28 7352 July 22, 1993 To: FOCUS Members and Interested Parties From: Mike McKeever,FOCUS staff Subject: Notice of FOCUS August 19 General Membership Meeting; Survey of Governance/Annexation Issues The next meeting of the FOCUS General Membership is: Thursday, August 19 5:30 p.m. - 8:00 p.m. Lake Oswego City Hall Council Chambers (380 A Street,Lake Oswego) The main agenda topic will be governance and annexation issues. The format will be similar to the July discussion on the Transportation Rule. If you would like to serve on the FOCUS Governance/Annexation Working Group,please give me a call. The group will be meeting within the next two weeks. Enclosed is a survey sent to all jurisdictions on issues related to governance and annexation. Please fill it out or have the appropriate person in your jurisdiction do so and return it no later than August 5 (see address on survey). As with the Transportation Planning Rule, these surveys will be used to convey information about relevant issues and activities that jurisdictions throughout the region are addressing. The July General Membership meeting will be shown on Cable Access on the following dates: • Thursday,July 22, 3:00 p.m., Channel 11 • Monday,July 26, 8:00 p.m., Channel 21 • Tuesday,July 27,9:00 p.m.,Channel 27 • Thursday, August 5, 7:00 p.m., Channel 21 • Friday, August 6, 6:00 p.m., Channel 27 We are working on having FOCUS meetings shown throughout the region in the near future. For those who are unable to attend the meetings or watch them on cable television,video tape copies will be available from our office. The July meeting video will be available shortly. The next Steering Committee meeting will be Thursday, August 5 from 11:00 a.m. to 1:00 p.m.at the office of McKeever/Morris (address above). All parties are welcome to attend. Please let us know whether or not your jurisdiction will be a member of FOCUS by •Iujv 31. 1993. We have received requests for some jurisdictions to notify us in August of their decision. If you would like,a FOCUS representative can make a presentation to your governing board. Notification of membership may also be given by contacting Greg Chew at 228-7352, or directly sending a check to FOCUS at the following address: FOCUS/City of Tualatin Finance Department PO Box 369 Tualatin,OR 97062-0369 If you have any questions,please call Mike McKeever or Greg Chew of McKeever/Morris,Inc.at 228-7352. Planning Public Involvement Project Management Landscape Architecture Within the next two or three years, which,if any,government services in your jurisdiction do you think are likely to be seriously studied to determine if a significant change should be made either in the nature of the service itself,or the entity(-ies)which deliver the service? What issues need to be addressed in developing annexation policy in the Portland metropolitan area? • What issues should be addressed in developing policy related to optimum delivery of governmental services in the Portland metropolitan area? Please return to no later than August 5 to: Greg Chew, McKeever/Morris,Inc., 722 SW Second Ave.#400, Portland,OR 97204 A FOCUS Survey on Governance/Annexation Issues The Forum on Cooperative Urban Services(FOCUS),a consortium of cities,counties and special districts in the Portland metropolitan area,will have a panel presentation on one issue of common interest at each of its monthly General Membership meetings over the next year. The August meeting will have a discussion on governance and annexation issues. This survey is intended to collect ideas about what jurisdictions throughout the Portland metropolitan region are facing regarding these issues. (If you would like a copy of the FOCUS Issue Backgrounder on Governance/Annexation in which this survey information will be used,please give Greg Chew a call at 228-7352 or leave your address on this survey.) Please fill out the following questions: Your Name/Name of Your Jurisdiction: Have your jurisdiction's boundaries changed in the last 5 years? If so, please briefly describe what instigated the boundary change,the extent of the changes,which other jurisidictions were affected,and the process used to determine the changes. Do you anticipate your jurisdiction's boundaries changing within the next two or three years? If so, please briefly describe what will instigate the boundary change,the extent of the change,which other jurisidictions will be affected,and the process that will be used to determine the change. Has there been a change in the service provider of any major governmental service within your jurisdiction in the last 5 years? If so,please briefly describe what initiated the change,the extent of the change, which other jurisidictions were affected,and the process used to determine the changes. (over) DAVIS WRIGHT TREMAINE LAW OFFICES 2300 FIRST INTERSTATE TOWER 1300 SW FIFTH AVENUE - PORTLAND, OR 97201-5682 (503) 241-2300 FAX (503) 778-5299 •TELEX 185224 DAVID C. KNOWLES July 20, 1993 Mr. •atrick Riley Mr. oger Gano City •dministrator City A inistrator/Recorder 13125 • .W. Hall Blvd. P.O. B 23483 Tigard, OR 97223 Durham, R 97224 Mr. John B•ol City Manage 15300 S.W. 11•t Avenue King City, OR x • 224 Re: Payment Obligations for Tigard Water District Outstanding General Obligation Bonds Our File No. 790026\2 Dear Gentlemen: The Board of Commissioners has directed me to notify the Cities of Tigard, King City and Durham of their payment obligations for general obligation bonds issued by Tigard Water District (the "District") . As you know, the District presently has $440, 000 principal amount of general obligation bonds (the "Bonds") still outstanding. The interest payment dates are July 1 and January 1 of each year, with principal paid on January 1 of each year. The remaining interest and principal payments are: Bond Bond Total Fiscal Year Due Date Interest Principal RequiremP is 93-94 1/1/94 $12 , 508 . 75 $140, 000 $152 , 508 . 75 94-95 7/1/94 $8, 588 . 75 $8 , 588 . 75 1/1/95 $8 , 588 .75 $145, 000 $153 , 588 . 75 95-96 7/1/95 $4 , 456. 25 $4 , 456. 25 1/1/96 $4 , 456 . 25 $155, 000 $159 , 456. 25 ANCHORAGE, ALASKA • BELLEVUE, WASHINGTON • BOISE, IDAHO • HONOLULU, HAWAII • LOS ANGELES, CALIFORNIA Mr. Patrick Riley Mr. John Buol Mr. Roger Gano July 20, 1993 Page 2 ORS 222 . 520 (2 ) provides that when a city withdraws less than all of the territory from a water district, the portion of the district which is withdrawn continues to be obligated to repay "liabilities and indebtedness previously contracted by the district. " The language "liabilities and indebtedness" appears to be quite broad, possibly even including lease/purchase financing authorized under ORS 279 . 101 . Any liabilities or indebtedness created by the District prior to withdrawal of territory from the District become obligations of the withdrawing cities in shares proportionate to the assessed value of the territory withdrawn. We have been informed by the District that the Bonds referred to above are the only "liabilities and indebtedness" existing as of June 30 , 1993 . There is another statutory obligation which applies when a city withdraws territory from a district. ORS 308 . 225 provides that whenever territory is withdrawn from a district by an entity levying ad valorem taxes, the "person, governing body, officer, administrative agency or court" making the determination that the boundary change is final is required, prior to March 31, to file with the county assessor and the Department of Revenue the legal description of the boundary change and an accurate map showing the change. If the legal description and map are not properly filed by March 31, the county assessor is required to disregard any changes in the boundary lines for purposes of preparing the assessment roll. ORS 308 . 225 ( 1) . It appears that the cities of Tigard, Durham and King City did not comply with the requirements of ORS 308 .225, and are therefore precluded from levying ad valorem taxes in the territory withdrawn for purposes of satisfying the cities' liability to the District for repayment of the outstanding Bonds . In order to ensure that the District's Board of Commissioners satisfies its fiduciary obligations to the owners of outstanding Bonds, the District has filed a Notice of Tax Levy with the Washington County Assessor in an amount sufficient to make the January 1, 1994 principal and interest payment and the July 1, 1994 interest payment. The District's tax levy will be spread uniformly between properties located within the District's current boundaries and properties located within the boundaries of each of your respective cities, notwithstanding that you have withdrawn such properties from the District. The District's actions are consistent with instructions received from the Washington County Assessor's office. Mr. Patrick Riley Mr. John Buol Mr. Roger Gano July 20, 1993 Page 3 The District desires to meet the requirements of the law and to provide for an orderly and lawful arrangement for satisfying the District's fiduciary obligations to the bond holders . In that regard, the District wishes to remind each city of the need to comply with the requirements of ORS 308 . 225, ORS 222 . 520 and the Local Budget law. The District requests that each of your respective cities confirm in writing to the District its intent to satisfy its obligat. ons under ORS 308 . 225 and ORS 222 . 520 (2) . For FY 1994-95, the District will look to each city to share in satisfying the District's Bond repayment obligations pursuant to ORS 222 . 520. Please contact me if you need additional information concerning this matter. A copy of our legal memorandum to the Board of Commissioners of the District on the matters discussed in this letter is enclosed for your information. Very truly yours, DAVIS WRIGHT TREMAINE 6iDavi \ik, C.,- u\k}k.oLL___ Know es DCK: lkt Enclosure f:\79\790026\2\cities.ltr cc: Tim Ramis Board of Co issioners Randy Volk • DAVIS WRIGHT TREMAINE Lawyers 2300 First Interstate Bank Tower 1300 S. W. Fifth Avenue Portland, OR 97201 Telephone: (503) 241-2300 FAX No.: (503) 778-5299 MEMORANDUM TO: Randy Volk Acting Administrator Tigard Water District FROM: David C. Knowles Steven R. Rinkle DATE: July 13 , 1993 SUBJECT: Tigard Water District Outstanding General Obligation Bonds FILE NO. : 790026\2 FACTS The Tigard Water District (the "District") has certain general obligation bonds (the "Bonds") outstanding, which do not mature until 1996. Repayment of these bonds was previously accomplished through levying ad valorem taxes on property located within the District's boundaries. The cities of Tigard, Durham and King City have withdrawn a substantial amount of territory from the District. The withdrawal of territory does not change the status of the Bonds, and the commissioners of the District still owe a fiduciary duty to the bondholders which own the outstanding Bonds. ISSUE How can the commissioners of the District ensure payment of all principal and interest due on the Bonds, thereby satisfying their fiduciary duties to the owners of the outstanding Bonds? ANSWER The District should levy an ad valorem tax on all Page 1 - MEMORANDUM f:\79\790026\2\knoulest.mem property located within the former boundaries of the District for purposes of repaying interest and principal on the Bonds, even though some of that territory has presumably been withdrawn by the cities of Tigard, Durham and King City and is thus no longer within the boundaries of the District. The District should also put the three cities on written notice that they are obligated to make certain payments to the District, and the District will look to those cities for such payment in the future, and during 1993-94 if revenue collections should for any reason be lower than anticipated. ANALYSIS A. Outstanding Indebtedness According to Nancy Johnson, Accounting Supervisor for the District, as outlined in her May 4 , 1993 letter to us, the District presently has a portion of the Bonds outstanding, comprising $440, 000 principal amount of the District's $1 , 900, 000 general obligation bonds, dated December 1, 1976. The interest payment dates are July 1 and December 1 of each year, with principal paid on January 1 of each year. An interest payment was made by the District on July 1, 1993 , in the amount of $12 , 508 . 75. The remaining interest and principal payments are: Bond Bond Total Fiscal Year Due Date Interest Principal Requirements 93-94 1/1/94 $12 , 508 . 75 $140, 000 $152 , 508 . 75 94-95 7/1/94 $8 , 588 . 75 $8 , 588 . 75 1/1/95 $8, 588 . 75 $145, 000 $153 , 588 . 75 95-96 7/1/95 $4 , 456. 25 $4 , 456. 25 1/1/96 $4 , 456. 25 $155, 000 $159 , 456. 25 B. Statutory Provisions Governing City's Obligation to Pav Indebtedness ORS 222 . 520 (2) provides that when a city withdraws less than all of the territory from a water district, the portion of the district which is withdrawn continues to be obligated to repay "liabilities and indebtedness previously contracted by the district. " The language "liabilities and indebtedness" appears to be quite broad, possibly including lease/purchase financing authorized under ORS 279 . 101. However, we have been informed by the District that other than the Bonds the District has not borrowed funds in any fashion. Page 2 - MEMORANDUM f:\79\790026\2\knowlest.mem In order to secure the repayment of "liabilities and indebtedness" by any territory that is withdrawn, ORS 222 . 520 (2) provides that "property in the part withdrawn shall continue to be subject to assessment and taxation uniformly with property in the area remaining in the district. " Additionally, the city which withdrew the territory assumes a portion of the outstanding obligations, provided assumption of such obligations does not bring the total of the city's obligations above any statutory debt limitation. As a further protection to districts which have their territory withdrawn by a city, ORS 222 . 520 (2) provides that whenever a city is required to assume an outstanding obligation, as outlined above, the city is "liable to the district" to provide to the district, at the city's option, either ( 1) the amount of taxes which would otherwise be extended each year against the property in the part withdrawn, or (2) an annual payment, as the bonds of the district mature, of the "same proportion of such outstanding bonds, and the interest thereon, as the assessed valuation on the part withdrawn bears to the assessed valuation of the entire district on the effective date of the withdrawal . " Once a city agrees to make such payments under ORS 222 . 520 (2) , neither the city nor the territory withdrawn shall be charged by the district with any future "liabilities, obligations or functions of the district. " C. Statutory Requirements for Changes in Property Taxation Under ORS 308 . 225, whenever territory is withdrawn from a district by a entity levying ad valorem taxes, the "person, governing body, officer, administrative agency or court" making the determination that the boundary change is final is required, prior to March 31 , to file with the county assessor and the Department of Revenue the legal description of the boundary change and an accurate map showing the change. If the legal description and map are not properly filed by March 31, the county assessor is required to disregard any changes in the boundary lines for purposes of preparing the assessment roll . ORS 308 . 225 (1) . Presumably, the city council for the cities of Tigard, Durham and King City are responsible for making the determination that the boundary changes with respect to the District are final , and thus for preparing and filing the legal description and map. The only other entity that could logically be responsible is the Local Boundary Commission. However, the Local Boundary Commission has orally advised that it does not consider itself to be responsible for reviewing the changes to the District' s boundaries . Furthermore, if the Local Boundary Commission is the responsible entity, it has failed to make a final determination, and the District would continue to exist with the same boundaries as it had on June 30, 1993 . Regardless of who is responsible, the requirements of ORS 308 . 225 have not been satisfied. Page 3 - MEMORANDUM f:\79\790026\2\knowlesl.mem SUMMARY OF ANALYSIS The interface between the statutory requirements outlined above presents a situation that is very unusual , and which the Washington County Assessor and the Oregon Department of Revenue have not previously encountered. The District is obligated to repay the outstanding Bonds. However, most of the District's tax base for repayment of the Bonds has been withdrawn. ORS 222 . 520 (1) provides that property within the withdrawn territory is still subject to taxation uniformly within the area remaining within the District; presumably each city would levy such a tax, rather than the District, thereby creating "bond pockets. " The Department of Revenue interprets ORS 222 . 520 in that fashion; however, the Washington County Assessor's Office has taken the position that "bond pockets" are not authorized by statute. Unfortunately, as outlined above, the requirements of ORS 308 . 225 have not been satisfied. Consequently, the three cities do not have the authority to levy an ad valorem tax in the withdrawn territory, at least outside the limitations of Article XI , Section llb (i.e. Ballot Measure 5) , for purposes of paying their respective portions of the Bonds. (Even if ORS 308 . 225 could be satisfied, the three cities have not included their debt payment obligations in their local budgets, and are prohibited under ORS 294 . 435 from increasing the amount of total ad valorem taxes already in their budgets) . The three cities are however liable to the District under ORS 222 . 520 for their respective shares of the outstanding indebtedness. In telephone conversations, the Washington County Assessor's office has advised that for the 1993-94 fiscal year, the District should file its Notice of Tax Levy with the Assessor for the full amount necessary to timely pay interest and principal on the Bonds, notwithstanding any changes in the District's boundaries. The Assessor's office has further advised tht the Department of Revenue concurs with this arrangement for the 1993-94 fiscal year. How taxes are levied after 1993-94 is still being debated by the Assessor's office and the Department of Revenue. I believe that this is the best approach for the District, since property tax receipts are more secure than relying upon the three cities. Further, should the District experience some type of severe shortfall in revenue collection, the three cities remain liable to the District anyway under ORS 222 . 520 (an ironic twist: the failure of the three cities to comply with ORS 308 . 225 actually creates a "double-barrelled" debt repayment source, thereby actually improving the creditworthiness of the Bonds) . Finally, such an approach helps the three cities, since it relieves the cities of revising their budget documents, and from making debt service payments from the general fund. Page 4 - MEMORANDUM f:\79\790026\2\knowlesl.mem r RECOMMENDATIONS Our recommendations are threefold: 1. The District should file its Notice of Tax Levy by July 15, 1993 with the Washington County Assessor in the full amount that it would otherwise if territory had never been withdrawn. 2 . The District should provide written confirmation to the Washington County Assessor acknowledging that the Tax Levy includes territory outside of the District, and that the District is proceeding according to instructions received from the Tax Assessor's office. 3 . The District should provide written notice to the cities of Tigard, Durham and King City that they need to comply with the requirements of the Local Budget Law and ORS 308 . 225, that each city is liable to the District under ORS 222 . 520, that the District will look to each city should there be a revenue shortfall in 1993-94 , and that the District will look to each city exclusively under ORS 222 . 520 beginning in 1994-95 . At your direction, we will prepare and send on behalf of the District the communications described in items 2 and 3 . Page 5 - MEMORANDUM f:\79\790026\2\knowlesl.mem Ongon July19, 1993 OFFICE OF MIKE MILLER STATE FIRE TIGARD WATER DIST. MARSHAL P.O. BOX 230000 TIGARD, OREGON 97223 Dear : Mr. Miller Re: Non-retail (Cardlock/Keylock) Fuel Dispensing Fire/Safety Evaluation Site Location: 8777 S.W. Burnham, Tigard Evaluation Date: July 19, 1993 Report No.: KS-A05-048-93 In order to help your company comply with the Fire/Safety provisions of the Non-retail Fuel Dispensing statutes, ORS 480.310 through 480.385 and associated rules OAR 837-20-005 through 837-20-145, an evaluation was conducted at the site address listed above. During the evaluation, your site was found to be in compliance. The results of the evaluation reflects the compliance level at the time of our visit. It is important that every step be taken to assure safety at your non-retail fuel dispensing facility. Therefore you must continue to maintain this compliance level. We appreciate your cooperation and efforts to assure your non-retail fuel dispensing facilities are safe to operate. If you have any questions, please contact me at 373-1540, extension 264. Sincerely, 2.4- .....P4-e-e--1-4-rJ Bob Anderson Deputy State Fire Marshal baincomf LI-le 4760 Portland Rd. NE Salem, OR 97305-1760 (503) 378-3473 ,. -to Ca.forfu- ,/t31g3 • 'PUbt 151,eCI R ' q? TIGARD WATER DISTRICT Ordinance 3-93 An ordinance adopting an Interim Intergovernmental Agreement for creation of a Joint Water Agency and declaring an emergency. Whereas, Tigard Water District (the "District") is a domestic water supply district existing under ORS 264 which provides domestic water service to residences and businesses located in Tigard, Durham, King City, and certain unincorporated areas of Washington County; and Whereas, Tigard, Durham and King City have enacted ordinances withdrawing their respective territories from the District; and Whereas, Tigard, Durham, King City and the District are currently evaluating the most efficient long term structure for providing domestic water service and wish to continue this evaluation after July 1, 1993; and Whereas, to provide interim governance of the water supply system, Tigard, Durham, King City and the District desire to form a joint water agency pursuant to ORS 190.003, et seq. Now, therefore, the District ordains as follows: 1. The Interim Intergovernmental Agreement for Creation of a Joint Water Agency, attached hereto as Exhibit A, is approved. The Chair of the District is hereby authorized and directed to execute and deliver the Agreement on behalf of the District. 2. The Board of Commissioners of the District declares that a state of emergency exists and directs that this ordinance be effectively immediately upon its approval. Chair of the Bo / ATTEST: tA/t. . ( V LAA& A inistrative Director CITY OF TIGARD, OREGON ORDINANCE NO. 93- I9 AN ORDINANCE OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, RATIFYING THE CREATION OF A JOINT WATER AGENCY AS SPECIFIED IN THE INTERIM INTERGOVERNMENTAL AGREEMENT APPROVED BY THE CITY COUNCIL ON JUNE 24, 1993 AND DECLARING AN EMERGENCY WHEREAS, the Tigard City Council, at a Special City Council meeting held June 24, 1993, approved an Interim Intergovernmental Agreement (Agreement) between the Tigard Water District, City of Durham, City of King City and the City of Tigard; and WHEREAS, the effective date of said Agreement is July 1, 1993; and WHEREAS, the Agreement specifies that the Tigard City Council as party to said Agreement must ratify the creation of the Agency prior to the effective date by Ordinance. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Conditions of Page 5, Section 11 of said Agreement are fulfilled by the attachment of said Agreement to this Ordinance, marked "Exhibit A" and, by reference, is incorporated herein. SECTION 2: Said Agreement declares the intent of the City of Tigard to create the Agency; specifies the effective date of said Agreement; sets forth the public purposes for which the Agency is created; and describes the powers, duties and functions of the Agency. SECTION 3: An emergency is hereby declared to exist inasmuch as it is necessary for the health, safety, and welfare of the City that this ordinance be enacted as soon as possible, therefore, this ordinance shall become effective upon its signing by the appropriate authority. PASSED: By 60/60.1t'100.40 vote of all Council members presentfter being read by number and title only, this 24-44q day of /7/144.1_,- , 1993. ./ . ./, loll c� Eliz h i = • / , leputli City Recorder APPROVED: This ‘--- / day of '.i , 1993 . 4601000 z ,Gferald R. twards, Mayor App oved as o f41: I. of . Ci Attorn- Certified to be a True Copy of Date: i i,4/✓ k. / 2A) / �i L9 3 Original on file_Oed �`3- f h:\login\cahy\iga.wtr ORDINANCE No. 93- /& By: " _ Page 1 City Recorder• City of Tiger Date: (O/Qe/ ?3 INTERIM INTERGOVERNMENTAL AGREEMENT FOR CREATION OF A JOINT WATER AGENCY BETWEEN: TIGARD WATER DISTRICT, (the "District") OREGON -AND: CITY OF TIGARD, OREGON ("Tigard") AND: CITY OF DURHAM, OREGON ("Durham") AND: CITY OF KING CITY, OREGON ("King City") Recitals: A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and business located in Tigard, Durham, King City and certain unincorporated areas of Washington County. B. Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdraying their respective territories from the District (the "Withdrawal") . C. Tigard, Durham, King City and the District are currently evaluating the most efficient long-term structure for providing domestic water service and wish to continue this evaluation after July 1, 1993. Pending completion of this evaluation, Tigard, Durham, King City and the District desire to provide an interim form of governance for the provision of water service. D. To provide interim governance of the water supply system, Tigard, Durham, King City, and the District (individually, a "Party" or collectively, the "Parties") desire to form a joint water agency (the "Agency") pursuant to ORS 190.003 et seq and this Intergovernmental Agreement ("Agreement") , to provide domestic water service for a period of six months, effective July 1, 1993, to businesses and residences currently. served by the District and to ensure that such businesses and residences receive equitable service regardless of where they are located. Agreements: The parties therefore agree as follows: INTERGOVERNMENTAL AGREEMENT - PAGE 1 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am 1. Purpose. The purpose of the Agency is to deliver supplies of domestic water to residences and businesses within the boundaries of the Agency. 2. Term. The term of the Agreement shall be July 1, 1993 through December 31, 1993, unless sooner terminated by the unanimous agreement of the Parties. This Agreement may be renewed by unanimous agreement of the parties. Further, the parties agree that they shall produce a draft final agreement within 60 days of the effective date of this Agreement. 3. Boundaries. The initial boundaries of the Agency shall be the same as the boundaries of the District existing on June 30, 1993. 4. Governance. - A. Composition of Board of Directors. The Agency shall be governed by a seven (7) member Board of Directors (the "Board") appointed by, responsible to and acting on behalf of Tigard, Durham, King City and the District. Each of the Parties shall appoint the following number of directors to the Board: Tigard 4 Directors Durham 1 Director King City 1 Director District 1 Director The directors may be private citizens, elected officials or appointed officials of the Party making the appointment. Each director -shall serve at the pleasure of the Party appointing that director. No more than two of the appointments made by Tigard shall be appointed officials of the City of Tigard. Two of the Directors appointed by Tigard shall be selected from the members of the Board of the District serving as of June 15, 1993. The Board shall have a Chair and a Vice-Chair who shall be selected by a vote of the members of the Board in accordance with subsection C. of this section. B. Terms of the Directors. The directors shall serve a term from July 1, 1993 through December 31, 1993 . C. Quorum/Votes. A quorum of the Board shall be five (5) directors. All actions of the Board shall require five votes. D. Powers of the Board of Directors. On behalf of the Agency the Board shall have all powers, rights and duties relating to the Purpose of the Agency that are vested by law in each of the Parties to this Agreement, and their officers and agencies. The Board shall also have the power to adopt all rules necessary to carry out the powers and duties of the Agency under this Agreement. INTERGOVERNMENTAL AGREEMENT - PAGE 2 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am 5. Asset Ownership/Water Rates/Revenues. A. Generally. If, during. the term of this Agreement, any assets (both real and personal property) of the District are received by Tigard, Durham and King City from the District as a result of the Withdrawal, those assets shall be contributed to and utilized by the Agency for Agency operations. The District shall also contribute its property to the Agency for Agency operations. B. Division of Assets. Each Party acknowledges the rights of the other Parties to a division of assets pursuant to ORS 222.540. The Parties desire to avoid such a division and agree not to seek such a division during the term of this Agreement. C. Use of Assets/Revenues for Non-Water Purposes. The assets and revenues of the Agency shall not be used for non-water related purposes. • (i) Revenues may not be utilized for the general fund purposes of any Party to this Agreement. Water rate payers shall not be required by the Agency or any Party to this Agreement to pay a franchise fee or other assessment. (ii) The re6triction set forth in this section shall be sufficiently flexible to permit consolidation of some functions, (e.g. functions related to water and sewer service) to achieve efficiencies. D. Uniform Rates. The rates charged by the Agency for providing water service to residences and businesses shall be uniform within the boundaries of the Agency. Notwithstanding the foregoing, the Agency may impose higher rates for providing water service to residences and businesses when the cost of providing such service is greater due to unusual circumstances, including but not limited to additional costs to pump water uphill to reach customers. Any higher rates imposed for providing water service shall be limited to covering the actual additional costs of providing such service. E. Use and Location of Assets,. The assets of the Agency shall be used to ensure a uniform level and quality of service for all residences and businesses within the boundaries of the Agency. Consistent with sound operating practices, all newly acquired fixed assets of the Agency shall be equitably located. within the boundaries of each of the Parties. Notwithstanding the foregoing, assets shall be placed in the location which will produce the greatest efficiency and highest quality of service for the residences and businesses served by the Agency. Furthermore, nothing in this Agreement shall preclude placing the Agency's fixed 'assets in a location outside the boundaries of the Agency, provided INTERGOVERNMENTAL AGREEMENT - PAGE 3 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am that such a location results in greater efficiency and quality of service than any other location within the boundaries of the Agency. 6. Agency Budget. The expenses and revenues of the Agency shall be budgeted and accounted for as provided by Local Budget Law. 7. Apportionment of Debt. The debts, liabilities and obligations of the Agency incurred during the term of this Agreement shall be, jointly and severally, the debts, liabilities and obligations of the Parties to this Agreement. 8. Indebtedness of the District. A. Chanties in Tax Coordination. The Withdrawal of the Cities results in changes in tax coordination with respect to the outstanding general obligation indebtedness and the liabilities of the District. The Parties shall within 90 days of the effective date of this Agreement determine their respective share of the indebtedness and liabilities and shall reach agreement among themselves and with the Washington County Assessor for continued payments on such indebtedness and liabilities. B. The Parties have previously determined that assumption of their respective portions of the District's outstanding bonded indebtedness will not bring the total of their individual obligations above any Constitutional or statutory debt limitation applicable to such Parties. 9. Employee Benefits/Personnel. All employees of the District shall become employees of the Agency. The Agency 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 Agency'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. If, during the term of this Agreement, the Agency proposes to lay off transferred employees of the District, such employees shall be entitled to a minimum of six (6) months advance written notice before the effective date of the layoff. 10. Expenditures. The Parties acknowledge that the withdrawals by Tigard, King City and Durham will significantly impact the operations of the District. During the term of this Agreement, the Parties desire to maintain the District as a viable unit of government. Accordingly, the Parties agree that the Agency will fund all reasonable and necessary expenses of the District and shall provide such staff assistance as is reasonably necessary. INTERGOVERNMENTAL AGREEMENT - PAGE 4 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am 11. Ordinance Ratifvina this Agreement. Prior to the effective date of this Agreement, each of the Parties shall enact an ordinance ratifying the creation of the Agency. The ordinance shall declare that it is the intent of the governing body of the Party enacting the ordinance to create the Agency by this Agreement; specify the effective date of this Agreement; set forth the public purposes for which the Agency is created; and describe the powers, duties and functions of the Agency. Not later than thirty (30) days after the effective date of this Agreement the Parties shall file with the Secretary of State copies of the ordinances together with a statement containing the name of the Agency, the Parties to this Agreement, the purpose of this Agreement and the effective date of this Agreement. 12. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this ) J day of Q , 19 g3 TIGARD WATER DISTRICT, OREGON By: , (-2--)//4/e--1:12-- ( (liltX1- Attest: 447 L/"&t.k_ 4 0 (c_c__,t,_; (. C-c.,' ' I CITY%.f T, ARD;- OREGON By: '-,- - � -t t. �i. Attest: /4 /7 _,�/' !1, '/i1,v : 1 )/ ,X �- // c a /�J ,/-r `% leci G,/CITY OF DURHAM OREGON 4'`��✓ ��L 1 �'; �j �'L f VAI' (�;�V � r i r7'---\ Attes j`�� 4 , ? /, / CITY OFING CITY, OREGON BY:.,,_�iK -4, 4' •i ,fic.t 1 Attest: (III OP talk. it 41, V. INTERGOVERNMENTAL AGREEMENT - PAGE 5 f:\79\790026\2\intrgov9_agt 6/18/93 a 3:00am COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice 1'1 7626 BEAVERTON,OREGON 97075 Legal Notice Advertising c V cA U °4..0°o U p ,, Tigard Water District• • 0 Tearsheet NE" c 0 c PO Box 230000a413•43 `° °' °' �w • • ❑ Duplicate Afi E.c y &.5 E C ° Tigard, Oregon 97223 v - 0•`4'' T t., • - Tigard, �f'`jJ • 0E ��'� G ¢bac) JUi b� c 7. cd — L�3 t AFFIDAVIT OF PUBLICATION v " R c° s ' °q E"' •-•rn� CZ T v 6,g STATE OF OREGON, ) oZ Q°�coo .-8 a c COUNTY OF WASHINGTON, )ss. U N •�w u c b Judith Koehler apa 3 G 0 = g o being first duly sworn, depose and say that I am the Advertising 0,.. v).c ° ° c'i ,- Director, or his principal clerk, of the Ti gard Ti MPS , bn o c 0 c c �_ a newspaper of general circulation as defined in ORS 193.010 E,M'= ''w on°A T and 193.020; published at Ti Barri in the o ¢ ,? aforesaid county and state; that the " 8 8'o o - Publi c Notice/Orli ham-P '1-93 0� c T = 7 3 = a printed copy of which is hereto annexed, was published in the o b °a J o a entire issue of said newspaper for nnP successive and O ,, •,<, - c m consecutive in the following issues: Q o . c N o O -' ° on al � ° c c' July 15, 1993 ab gip¢ ?� Q.g ' ' 2 e',." 7// // // / Subscribed and sworn to.t)efore me this 1 5th day of July, 199 . _•,�, C;F, C;;,L SEAL / / . A. BURGESS fl c.,U. it (-r � )(t.t c..c_y=_� '.. NOTAf V PiU7LIC - OREGON Notary Pubic for Oregon 4, COMMi5?ISN NO. 024552 MY COMM15SiON_xP!RES MAY 16,1997 My Commission Expires: AFFIDAVIT In 1941,he and his family moved to Tigard and he worked at the Wil- lamette Steel Shipyards. He was named superintendent of the Tigard Water District in 1950, a position he held until retiring in 1969. Under his direction, the district laid the foundation for its future growth. Main water lines were es- tablished and several reservoirs were built during his tenure with the district. Following retirement from the water district, he began a second career as a "handyman" for people in Tigard and King City. He was frequently called to do small home repair jobs. He and his wife have been active members of the United Methodist JACOB PETER LOHRENZ Church for many years. In addition to his wife Marjorie, Mr. Lohrenz is survived by Jacob Peter lohrenz daughters and sons-in-law Greta and Elroy Schlinder of Hillsboro and Feb.6,1904—July 21,1993 Janet and Leonard Calvert of A memorial service was held Eugene; son and daughter-in-law J. July 26 at the Tigard United Philip and Mary Lohrenz of Her- Methodist Church for Jacob Peter long,Calif.; brothers Paul and Silas, Lohrenz who died at his home in both of Mountain Lake, Minn.; Tigard at the age of 89. Private sisters Minnie Ingram of Medford Cemetery. burial was at Crescent Grove and Elizabeth Reeve of St. Paul, Born Feb. 6, 1904, in Mountain Minn.; grandchildren Eric and Lake, Minn.,Mr. Lohrenz moved to Karen Schlinder, Timothy and Oregon in 1924 and worked in a Douglas Calvert, and Kristin, sawmill at Algoma in Klamath Amelia and Silas Lohrenz, and County with his uncle. After taking numerous nieces and nephews. a short course in dairy products Memorial donations are sug- manufacturing at Oregon State gested to the Tigard United University, he worked for a short Methodist Church Endowment time in Extension dairy herd im- Fund, 9845 S.W. Walnut Place, provement work in Tillamook Tigard,OR 97223. County. After a short break in Minnesota, he returned to Oregon in 1928 to do dairy herd improvement work in Baker County, where he married Marjorie Brown in 1930. After moving to the Willamette Valley in 1934,the family resided in various places before settling in Portland, where Mr. Lohrenz worked with the Dairy Co-op. Beaverton, Tualatin Valley reach water-supply I plan THE OREGONIAN, FRIDAY,JULY 23, 1993 MI The agencies will consult each olive branch to Tualatin Valley and began negotiations that led to the in- other to avoid duplicate plans for tergovernmental agreement. reservoirs or water lines Drake called the agreement a — Turning their• milestone. "These people are our BEAVERTON baks on neighbors," Drake told the council, past disputes, the Bea- which voted 4-0 for the agreement. verton City Council and Tualatin Drake assured the council that the Valley Water District board have new agreement would not create agreed to cooperate with each other more bureaucracy or duplicate re- in planning water-system im provements. gionwide planning to develop more water sources for the Portland area. The council approved an agree- In related actions, the City Coun- ment this week that sets up a formal cil this week approved spending system for the two bodies to consult $76,000 to improve water pressure each other as they plan reservoirs and prevent the possibility of water and water lines for the future. The contamination caused by low pres- goal is to avoid duplicating facilities, sure in Murrayhill and other high- thus saving both city and district elevation areas of the city. taxpayers money. On July 12, the council awarded a The water board approved the $4.3 million contract to Slayden Con- agreement June l6. struction Inc. to build a Tualatin Valley supplies water to 15-million-gallon reservoir on Sex- around one-fifth of Beaverton's resi- ton Mountain west of Southwest dents, as well as unincorporated Murray Boulevard. The contract in- areas west, north and east of the cludes construction of a pump sta- city. In recent years, the city and tion capable of pumping six million district have battled over city annex- gallons per day. ations,money and service. . Nine firms bid on the project. When Rob Drake took office as Slayden's low bid was $2.3 million mayor in January, he extended the less than the city's estimate. Water and sewer customers to pay more for service By JOHN M.GRUND She said utility charges are ade- Correspondent, The Oregonian quate to pay the operating costs of • the water department and the water WILSONVILLE — Water and fund includes small reserves. "The sewer customers will pay 10 percent sewer utility, on the other hand, is more for service beginning Aug.1. seriously underfunded." City Manager Arlene Loble said Also, she said, the rates are not the city has increased rates by a set up so that costs are shared fairly similar amount each year for the among industrial, residential and past five years. The most recent in- commercial customers. crease, which the City Council ap- The city's sewage-treatment plant proved this week, is another phase is nearing capacity and has serious of a plan prepared by the city's audi- odor problems, so major costs for tors. Loble said the plan aimed to improvements may be on the hori- put water and sewer service on a zon. sound financial footing. John Davenport, an attorney for The average residential bill for the Coca-Cola bottling plant in Wil- water and sewer service and street sonville — one of the city's largest lighting will go from $43.54 every water and sewer customers — told two months to $47.59. That means the council that Coca-Cola wanted the average family's monthly cost the system to be funded adequately. will be about$24,she said. But, he said, with the current rate Loble conceded that the city's plan structure, the company has no idea "is not a very sophisticated ap- whether the rates are adequate and pr+ach to rate-making."She said the fair. He urged the city to take a y would have to do a more thor- more systematic approach. uugh analysis that might mean even "Mr. Davenport's point is well more rate increases. taken,"Loble said. ___THE OREGONIAN, THURSDAY,JULY 22, 1993 Wilsonville retains water-u as reminder about conservation III Water is plentiful this summer, above 75 degrees. Sprinklers cannot tank fill cycle diverter designed to but the city still bans watering be used for more than 20 minutes at reduce water use, two toilet leak dejak - lawns and gardens during the a time. tection tablets and two water-flow III heat of the day "It's just the best use of a precious restrictors for shower heads. resource,"said City Manager Arlene The point is to raise awareness of A. Loble. "You end up wasting water if the need for water conservation,but By JOHN M.GRUND you water your lawn in the heat of also to save money for water cus- Correspondent, The Oregonian the day. (Watering in the evening) tomers who pay the bills,Loble said. doesn't make any difference; your By reducing water use, the city can WILSONVILLE — The city has lawn stays just as green." put off additions to its water supply plenty of water so far this summer, Loble said that she believes the system,which consists of wells. thanks to cooler and wetter weather rule is the single most effective way The city has a three-tiered system and an enlarged water supply sys- to reduce water demand on hot days to encourage conservation and cope tern. — it does more good than some with water shortages, according.to But city officials kept some other cities' restrictions on washing Public Works Director Steve Starn- Bu wButing ci restrictions have place to cars or other rules. er. The first stage is now in force. If keep people mindful that water is a There also are city rules that re- the city manager declares a drought, 1. quire low-flow plumbing fixtures in the second stage begins— even-odd precious resource that should not be all new construction or repair or re- day watering. If things get worse, wasted. modeling work. and a water emergency is declared, Under a city ordinance adopted in Free water conservation kits are all outdoor water use can be June 1992, the city bans landscape available at all city buildings. They banned. watering between 9 a.m. and 5 p.m. include a toilet tank displacement Last summer, the city went to on days when the temperature rises bag, another device called a toilet even-odd watering through a hot July and August. At that time, the - city could store only 3 million gal- lons in its reservoirs, and use early in July sometimes exceeded 4 mil- lion gallons a day. It pushed to the edge the city's ability to pump water out of the ground fast enough to feed demand,Starner said. Occasionally, the water level in the reservoirs dipped close to the 1 million gallons needed as reserve to fight fires. METRO/NORTHWEST THE OREGONIAN,THURSDAY,1UGUST 5, 1993 More rain, Demand is also down, Michael Rosenberger, Water Bureau admi- nistrator, told the City Council. The fewer water city's water customers used 125 mil- lion gallons per day last month corn- cops in '93 pared with a July average of 165 mil- lion gallons.Water usage last month was only 10 million gallons higher than last July, when mandatory re- ■Demand is down,and Water strictions were in place. Bureau officials say its "The bottom line is, our conserva- conservationprogram is working tion program is working," Rose- nberger said. By JAMES MAYER He said the drop in demand could be attributed in equal measure to of The Oregonian staff the rain and to changes in behavior, This time last year, water cops water saving techniques that resi- cruised the streets of Portland, dents and businesses have adopted looking for the tell-tale green lawn since last year's drought. or wet driveway — evidence that And even the scorching heat of some water-waster was violating the the last few days has not caused peo- city's drought restrictions. ple to go wet and wild. What a difference a year makes. The city gulped 173.5 million gal- lons Tuesday, and officials expected untypically damp as the last one that figure to hit 180 million gallons was parched. Wednesday. But Ross Walker, a bureau Last year, the city began cutting spokeswoman, said water use into its reserves on May 15,drawing topped 200 million gallons a day in water from the Bull Run reservoirs. late June last year before restric- On a typical year,that happens clos- tions were imposed. er to July 4. This year, the city All of this water means that the didn't start drawing from reserves until July 15.And then rain filled up chances are very low that the city the reservoirs again. The Water Bu will need to do more than continue reau didn't tap into reserves again to promote conservation this sum- until Aug. 1. mer. That may explain why the council continues to dither over a The city measured triple the aver- summer water supply plan. age rainfall in July, 3.65 inches ver- sus er Wednesday the council again de she Bull0.92 inches, at the watershed.heLas July of layed making a decision on how the sawhe Runesmerainfall,Last city should react to future droughts. inalmost tha same leuse The specific actions the city could inches, but it gave no relief because p the rain soaked into the dry ground take, including voluntary and man- instead of flowing into the reser- datory restrictions, steep increases voirs. for high users, and pumping of Bull Run Lake, have been prepared by the Water Bureau. eaveL m o (5l y/ 7-11-93 EDITOR Oa /trla if 01:10M THE TIMES 6975 SW SANDBURG TIGARD, OREGON 97223 ENOUGH IS ENOUGH ON JERI CHENELLE WHO WAS TERMINATED FROM THE TIGARD WATER DISTRICT. NOT MANY RESIDENTS OF TIGARD CAN GO TO THE BOARD MEETINGS AND GIVE THEIR INPUT. THIS IS A CASE WHERE I SUPPOSE WE SHOULD HAVE. YOU WOULD HAVE TO SEARCH PRETTY HARD TO FIND PEOPLE, SERVED BY THE TIGARD WATER DISTRICT, WHO ARE NOT HAPPY WITH THEIR SERVICE. AS FAR AS WE CITIZENS KNOW THE TIGARD WATER DISTRICT HAS BEEN VERY SUCCESSFUL AND PROFITABLE UNDER JERI ' S ADMINISTRATION. WHY WOULD THE TIGARD WATER DISTRICT COME UP WITH SUCH A CONTRACT IF THEY DIDN'T FEEL SHE COULD COME THROUGH FOR THEM ? WHY ARE YOU BEING SO NEGATIVE ABOUT JERI CHENELLE IN A SORT OF POSITIVE WAY ? "NOTHING BUT PRAISE FOR THE JOB SHE HAS DONE" BANG BANG BANG. I AM REMINDED BY YOUR ARTICLES JUST HOW POLITICAL WE ARE AS A SOCIETY. LET' S PAT THEM ON THE BACK WITH ONE HAND AND STICK THEM WITH A KNIFE ON THE OTHER HAND. YES $61 , 914 IS A LOT OF MONEY TO MOST OF US BUT GET REAL IT IS NOT A WAGE THAT IS GOING TO BREAK THE WATER DISTRICT ESPECIALLY IF SHE HAS EARNED IT AND MOST PEOPLE IN TIGARD BELIEVE SHE HAS . MOST OF US BELIEVE YOUR ART I CAL S ARE PLAIN POLITICAL AND THAT IS NOT YOUR PLACE. YOU ARE THERE TO GIVE YOUR READERS THE STORY, THE FACTS . YES THE FACTS ABOUT JERI ARE CORRECT BUT YOU DIDN'T INCLUDE ALL THE FACTS , ALL THE GAMES , AND LET' S FIND SOMEONE TO POINT TO AS WE MERGE THE TIGARD WATER DISTRICT WITH THE CITY OF TIGARD. IF IT WORKS DON'T FIX IT, BUT AS POLITICS GO, IT WORKS SO LETS BREAK IT SO WE CAN KEEP OUR POWER WHERE WE WANT IT. GOD FORBID IF SOMEONE IS DOING A GOOD JOB FOR THE RESIDENTS OF TIGARD AND KEEPING THE BOTTOM IN THE BLACK. WE NEED MORE MONEY SO LETS MERGE WITH THE TIGARD WATER DISTRICT, MAKE ALL KINDS OF NOISE ABOUT THE CONTRACT WITH JERI SO THE PEOPLE WON'T NOTICE THE MERGE AND WON'T BLAME FUTURE MIS-MANAGEMENT ON THE CITY OF TIGARD BUT BETTER ON THE TERRIBLE SITUATION THEY INHERITED FROM THE TIGARD WATER DISTRICT. AS A CITIZEN I AM CONFUSED ABOUT ONE ISSUE "TAXES" YOUR ARTICLE SOUNDS LIKE WE PAY OUR WATER BILLS AND ON TOP OF THAT OUR TAXES ALSO GO TO THE TIGARD WATER DISTRICT. YOU NEED TO BE CLEAR ON WHAT YOU PRINT. NOW THAT THE CITY OF TIGARD HAS TAKEN OVER THE TIGARD WATER DISTRICT I AM MORE THAN SURE OUR WATER RATES WILL GO UP BECAUSE THAT' S WHAT GOVERNMENTS DO BEST. ARE WE RIGHT ? AND PLEASE DON'T PRINT AN ARTICLE WHEN OUR WATER RATES GO UP AND LET THE CITY OF TIGARD BLAME IT ON THE SEVERANCE PAY THAT HAD TO BE PAID TO JERI CHENELLE. SINCERELY, TIGARD CITIZEN CL '. 71G- R D \A2,© D [ST- o F- 1-iG-ftZS) If the crew members find the water meter running, a valve at the curb is turned off for under a week. THE OREGONIAN,THURSDAY,-JULY 22, 1993 The water crews have inevitably been labeled as the water police by local news organizations and resi- dents. No appeals are allowed, and water users are never told who turned them in. The offenders'names and address- Water cops re are immediately made known to reporters by local officials under Iowa's open records rules, and sphunt cheats pers,d across the state sio . newspa Pers,radio and television. "It sounds like something out of Big Brother, inform on your neigh- in proud bor," said Terry E. Holt, a legal as- sistant at a Des Moines law firm, as Des Moines hefilled severalplastic jugs with drinking water from a plastic tank in a supermarket parking lot. "I de- bate that, whether people should be ■Residents are snitching to encouraged to snitch." authorities about those who City officials say they need to ac- violate a water honor code cept anonymous calls because of the urgent need to restore full pressure By KEITH BRADSHER in the municipal water pipes. With- out full pressure,fire engines cannot New York Times News Service use hydrants safely and must rely DES MOINES, Iowa — Though on tanker trucks instead. Because of Mark Twain trveIod he world, gthe premature use and some leaks funderstood Midwestern river towns prom pipes, the citym has repeatedly ofservice, best of all and would have grasped from postponed the to Wednesdayn ad perfectly the wounded pride now of now Thursday.ray to and Iowa's capital. now to In one of his mos# famous short The city would like to let people stories, "The Man That Corrupted confront their accusers but has not figured out a way to do so, said City Hadleyburg,"Twain wrote of a town Manager Cy Carney. "We'd love to renowned for its honesty. But when do that, but because of the public each of its 19 leading families was of- health and safety nature of the situa- fered a dishonest chance to acquire tion,we just can't do that." a 160-pound sack believed to be full of gold, all of them succumbed to Carney added that, "So far, none temptation. of the civil liberties folks have ob- Des Moines residents, tremen jected,but we're pushing the edge." dourly proud of their civic spirit, A telephone operator at the Des volunteer work and openness, are Moines waterworks said the phones horrified now that some of their had been ringing constantly,as even longtime neighbors have delayed by some members of families informed two days the resumption of water on each other. service by sneaking water in the pri- "It seems like every other call is vacy of their own homes. somebody turning someone in,"said Local officials exuded confidence the operator, who insisted on ono when they asked residents Monday and sir. "Some of them are brothers morning to turn off their taps long and sisters." enough for the refilling of the mu- McMullen said that local citizens nicipal water system. had turned in 200 businesses and re- "We're just working with the basic sidences Monday and Tuesday, and integrity of Iowans,"L.D.McMullen, more calls continued to come in the chief executive and general man Wednesday.Some businesses and re- 4evey ya'W r of the Des Moines Waterworks, different callers.sidences were neBdyin Wedn ay said at the time. "I don't think you could do it in New York City," afternoon, three households and six As the basic integrity of some resi- businesses had been shut off. dents has fallen short, McMullen Many businesses and households and other city officials have re- turned out not to be using watere sponded by inviting local residents when city crews investigated. t to call an emergency hot line and McMullen said he hoped this meant turn in violators of the water rules. that these people had turned off Manytheir water before the crews arrived of the callers whisper, and most refuse to and not that people were settling give their names scores by turning in rivals or ene- when they call the Des Moines Wa- mies. terworks hot line. But one call is all it takes to send a work crew to any McMullen also reported Wednes- home or busnto check for ora day that city employees had found a leak in a large pipe under the unauthorized use of water while the uandDnt M municipal water system recovers Moines River that significant from a crippling flood 12 days ago. amour beforets otreatedaleswater had been lost valves at either end of the pipe were closed. VISITORS PLEASE REGISTER Date: are /0, 'C1f Meeting: lUi) /Wei t m/✓"l f ./717 J\ Name (please print), Do you wish to speak? (yes or no) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.