12/14/1971 - Packet TIGARD WATER DISTRICT BB41 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (503) 639-1554
December 14, 1971
AGENDA
CALL TO ORDER
1. RESOLUTION TO APPROVE MINUTES OF LAST MEETING
2. VISITORS
3. RESOLUTION TO APPROVE ANNEXATIONS
4. RESOLUTION TO PAY VOUCHERS
5. RESOLUTION TO INCREASE COST OF INSTALLATION OF 5/8" X 3/4"
METER TO $150 AND 1" METER TO $225, EFFECTIVE JANUARY 1, 1972
'"' 6. RESOLUTION TO APPROVE COUNTER-PROPOSAL OFFERED BY MR. JOHN M.
BURGE TO PURCHASE 105' X 150' PARCEL OF LAND AT 135th AND
FERN STREET FOR $5,500 ON A CONDITIONAL BASIS
7. RESOLUTION TO APPROVE PUBLIC HEARING ON MARCH 14, 1972
REGARDING WATER RATE CHANGES TO BE EFFECTIVE APRIL 20, 1972
8. OTHER BUSINESS, INCLUDING CERTIFICATION OF ELECTION RESULTS
ADJOURNMENT
ADMINISTRATOR'S REPORT
1. Resolution to approve minutes of last meeting.
2. Visitors.
Mr. Ron Sorenson and Mr. George Marshall, President and Vice-President
of Tualatin Development Company, respectively, have indicated that they will
attend the meeting to request water service for a planned housing development
in the Durham Road area, between Hall Boulevard and Pacific Highway. They
plan to start construction in 1972 with 50 units located east of 109th, north
of Durham Road.
Each succeeding year 250 more units are to be constructed until a total
of 1300 are built. (1977). Population density is estimated at 1.6 persons
per family per connection.
The engineering study indicates that this is the area that should be
developed prior to the west and southwest portions of the district. Within
2 or 3 years an alternate source of water should be a reality. In the mean-
time, larger gallonage will be purchased via Capitol Highway Water District.
'mo" It is believed that the water district can support this number of homes
in accordance with the phased construction plan.
3. Resolution to approve annexations.
"Annexation" is not a very popular word around Tigard these days; how-
ever, a few parcels of land remain that should be annexed to the water district.
It may not appear so, but we should be "out-of-business" in that regard before
too long.
The annexation process involves considerable work and effort. The prepara-
tion of the legal descriptions, maps, etc. , for submission to the Boundary
Review Commission is time-consuming, but the administrative procedures within
the district office will be simplified when logical boundaries are established,
islands eliminated, and all customers annexed to the district. Upon completion
of the district boundaries, maps will be prepared for dissemination to other
governmental agencies who have requested such information.
It is requested that three parcels, described as follows, be annexed to
the district:
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ADMINISTRATOR'S REPORT (Continued)
a. S. W. 98th, south of Sattler Road, where a new 12" C.I. main was
recently installed for the Mormon Church.
b. S. W. Naeve Street where water service is provided Mr. George Law
and Mr. Bruce Law.
c. S. W. 113th Avenue, south of Durham Road, where water service is
provided the De Graffenreid's, Mayernik's, Began's, and Riverman's.
Upon approval of these annexations, all customers will be annexed to
the district and there will be no out-of-district connections. This fact
will simplify billing procedures, servicing accounts, roster of eligible
voters, etc.
There remains only 2 islands within the district which should be
eliminated in the near future.
Recommendation: Approve.
4. Resolution to pay vouchers.
Recommendation: Approve.
5. Resolution to increase cost of installation of 5/8" x 3/4" meter to
$150 and 1" meter to $225, effective January 1, 1972.
This matter was tabled at the last meeting. Since then, additional
data has been compiled regarding other water district meter charges. (See
below). It is significant to note that Garden Home Water District increased
the charge for a 5/8" x 3/4" meter from $125 to $250 last July 1st. The
commissioners' reasoning was that the new meter installations were the cause
of required capital improvements to the system, and, therefore, a larger
proportionate share should be borne by the new applicants. This rationale
has been used by other water districts (including Beaverton) in raising meter
charges, but I am not prepared to advocate such a large increase. A modest
increase is justified so that installation charges and a reasonable profit
can be attained.
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ADMINISTRATOR'S REPORT (Continued)
Water District or City 5/8"x3/4" 1"
Tigard $ 125 $ 200
Metzger 125 200
West Slope 135 200
Portland 145 170
Capitol Highway 160 220
Aloha-Huber 160 225
Lake Grove 200 275
River Grove 200 275
Palatine Hill 200 275
Garden Home 250 Cost +
Beaverton 250 310
Rate schedule should be as follows:
5/8"x3/4" 1"
Copper Service $ 65 $ 95
Meter 85 130
$ 150 $ 22.5
Recommendation: Approve.
5. Resolution to approve counter-proposal offered by Mr. John M. Burge
to purchase 105' x 150' parcel of land at 135th and Fern Street for $5,500
on a conditional basis.
Mr. Burge, via his attorney, Mr. Fred Anderson, has agreed to grant the
district an option for 90 days in consideration of $500 to purchase the desired
parcel of land at a price of $5,500, including the option consideration.
(See attached letter). He was originally offered $5,000 so the ante has been
increased $500.
It is believed that the $5,500 price tag is not unreasonable, but the
option conditions are considered unwarranted. No one can predict how long
it will take for the Washington County Commissioners to approve a "conditional
use" permit; however, county officials indicate that a decision could be
forthcoming by March 1st if the application is submitted by December 24th.
The option conditions propose that the district forfeit the $500 if the
purchase does not materialize. This is too much to lose.
`o.. -3-
ADMINISTRATOR REPORT (Continued)
Aivw
It is recommended that the district approve the $5,500 selling price
with an option of $100 to purchase the property within 6 months or such
date as the "conditional use" permit is obtained, whichever occurs first.
Recommendation: Approve.
7. Resolution to approve public hearin _on March 14, 1972 regarding water
rate changes to be effective April 20, 1972.
Since the new bond payments become due in January and July it would be
appropriate to consider an increase in water rates, effective April 20, 1972.
Since billing is bi-monthly the revised rates would be fully in effect on
July 1st. This would prove beneficial for future budget preparations also.
A public hearing must be held and each customer notified of such hearing.
Notice of the hearing can be included in the water bills sent to the consumers
in February. A public hearing date of March 14th at 6:30 p.m. is recommended.
The regular board meeting would commence immediately thereafter at 7:30 p.m.
the same evening.
Another important development on water rates has occurred. Mr. Ron
Sorenson, President of Tualatin Development Company, has requested his attorney
to contest the water rates and charges for the Royal Mobile Villas in view of
a recent Oregon State decision of Knappa Water Association vs Knappa Mobile
Court and a 1959 decision of Kliks vs Dalles City, et al.
After sifting through the legal jumble the Supreme Court reversed a
trial court's decision and held that the classification in question was
unauthorized and discriminatory.
There exists a 6" compound meter for all 150 house trailers at the Mobile
Villas located on Pacific Highway. Present rules and regulations require that
150 "minimums" of $3 per month be charged for each trailer house.
Ken Baines states that the district "minimum" charges for apartment houses
and multiple dwellings may be illegal. A water district can charge different
rates to various classification of users, such as residential, commercial, and
industrial; however, the district cannot discriminate within a classification
on rates. For example: if two different commercial establishments (i.e. an
apartment house and a grocery store) each utilize a 2" meter, both must be
charged the same rates.
There are numerous other water districts and municipalities who charge as
we do, but they may be wrong too.
*.,r -4-
ADMINISTRATOR'S REPORT (Continued)
awrie
If an error has been made we should correct it when the rates are
changed, but contest any claim for retroactive reimbursement.
Recommendation: Approve.
8. Other business, including certification of election results.
Congratulations are in order to Verne Wheelwright for regaining his
position as Commissioner by attaining 57 votes out of a possible 60.
9. Funds working.
One would think that the district is a financial institution instead
of a municipal corporation in the water business when reviewing the savings
accounts in effect. Following is a list of the time deposits as of this date:
a. Bond Construction #1 (new)
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Benj. Franklin 67. 2 years $20,000
Portland Federal 67. 2 years 20,000
Equitable 67. 2 years 20,000
Lincoln Savings 5-3/47. 1 year 20,000
Washington Federal 5-3/47. 1 year 20,000
$100,000
Re-purchase agreement:
Benj. Franklin 517. Daily $200,000
200,000
Time Deposit:
U. S. Bank 4117. 30 days $146,500
146,500
$446.500
b. Bond Construction #2 (old)
!s€ National Bank 57. 90 days $ 5,000 $ 5.000
c. Capital Projects Reserve
U. S. National Bank 5% 6-months $ 5.500 $ 5,50Q
d. Bond Sinking Fund
1st National Bank 4.625% 3-months $10.500 $ 10,50
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ADMINISTRATOR'S REPORT (Continued)
10. Work accomplished by TWD personnel.
a. Completed installation of 360 feet of 12" C.I. pipe plus 1 fire
hydrant along S. W. Fern Street for Mr. Fellows and Mr. Hedland.
b. Installed 700 feet of 12" C.I. pipe along Omara between Edgewood
and Hall Blvd. (New bond construction program; pipe replacement: replaced
3" O.D. steel pipe).
c. Installed 2600 feet of 8" C.I. pipe plus 2 fire hydrants along
Edgewood between Frewing and Omara Street. (Pipe replacement program;
replaced 2" galvanized and 3" O.D. steel pipe).
d. Installed fire hydrant for H&A Construction Company on S.W.
Burnham Street.
e. Installed 24 meters.
11. Work to be accomplished by TWD personnel.
,w,. December
a. Install 720 feet of 8" C.I. pipe plus 1 fire hydrant along 115th
Avenue, north of Gaarde. (Pipe replacement program; replaces 4" O.D.
steel pipe).
b. Install 280 feet of 12" C.I. pipe along Pacific Highway, near
MacDonald Avenue. (New bond construction; pipe extension).
January
a. Clean reservoirs and maintenance.
February 1972
a. Install 1200 feet of 8" C.I. pipe plus 1 fire hydrant on 95th
Avenue, south of Greenburg Road, and 350 feet of 6" C.I. pipe on Lewis Lane.
(Pipe replacement program; replaces 2" galvanized and 3" O.D. steel pipe).
b. Make "tie-ins" for 12" C.I. pipe crossings on Pacific Highway (3)
and Hall Blvd (2). Crossings will be bored and encased by private contractor.
(New bond construction; pipe replacement).
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l M
ADMINISTRATOR'S REPORT (Continued)
vow
March
a. Install 12" C.I. main along Hunziker and Scoffins to Main Street,
including a fire hydrant for Pollack Investment Company. (New bond con-
struction; pipe replacement).
b. Install 12" C.I. main along Katherine, between Tigard and Tiedeman
Avenue. (New bond construction; pipe replacement).
April
a. Install 12" C.I. pipe along Walnut Avenue, between Tiedeman and
121st Avenue. (New bond construction; pipe replacement).
May and June
a. Install 12" C.I. pipe along Durham Road, between 79th and 92nd
Avenue for School District #23J.
July
a. Install 300 feet of 8" C.I. pipe plus 1 fire hydrant on 150th Avenue,
south of Bull Mountain Road, for R.A. Gray. (Completes a prior project).
Amp
b. Install 12" C.I. along Bull Mountain Road between reservoir #2 and
Hi Tor. (Bond construction project; replaces 4" and 6" O.D. steel pipe).
12. Work to be accomplished by private contractors
December
a. Install 1770 feet of 6" C.I. pipe plus 1 fire hydrant to complete
phase 2 of Brookway by Mr. McQuearry for Mr. J. A. Paterson.
February
a. Install 1770 feet of 12" C.I. pipe, 250 feet of 6" C.I. pipe, and
200 feet of 4" C.I. pipe plus 3 fire hydrants along Fischer Road, between
124th and 131st Avenue for Tualatin Development Company.
b. Drill and encase with 18" I.D. steel pipe under Pacific Highway (3)
and Hall Blvd (2) for TWD. (New bond construction).
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ADMINISTRATOR'S REPORT (Continued)
March
a. Install 12" C.I. pipe from new Hi Tor reservoir to Bull Mountain
Road. (New bond construction).
b. Install pumping stations at reservoir #2 and near Coe Manufacturing
Company.
c. Install 1250 feet of 12" C.I. and 100 feet of 12" D.I. pipe along
Hall Blvd between Burham and Omara Street, including a Fanno Creek crossing,
for TWD. (New bond construction; pipe replacement).
ANN"
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ANDERSON & DITTMAN
ATTORNEYS AT LAW
TIGARD PROFESSIONAL CENTER
wyir. 8865 S. W. CENTER STREET
P. 0. BOX 23006. TIGARD. OREGON 97223
639.1121
FRED. A. ANDERSON 6
DERRYCK H. DITTMDecember
AN , 1971
Mr. Robert E. Santee , Administrator
Tigard Water District
8841 S.W. Commercial Street
Tigard, Oregon 97223
Re : Purchase of property near 135th
and Fern Street
John M. Burge
Dear Mr. Santee :
This office represents John M. Burge , to whom you directed
your letter of December 1, 1971, concerning the desire of the
Water District to purchase certain lands for a reservoir site ,
with respect to which you offer $5 ,000 .00 .
Mr. Burge is disinclined to sell this property but , of
course , recognizes that you may institute condemnation proceedings .
The document that you propose that he execute is a con-
tingent , conditional earnest money proposal and not an outright
offer. I am advised that he is willing to grant you an option
for 90 days in consideration of the sum of $500 .00 to purchase
theproperty at the price of $5 ,500 .00 , including the option
consideration.
If this is satisfactory , please let me know and I will
prepare the option.
Very truly yours ,
ANDERSON & DITTMAN
F" 'A 'riderson
FAA/J