04/10/1973 - Packet •
TIGARD WATER DISTRICT 9641 9. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (503) 639-1554
April 10, 1973
AGENDA
CALL TO ORDER
1. RESOLUTION TO APPROVE MINUTES OF LAST MEETING
2. VISITORS
3. RESOLUTION TO PAY VOUCHERS
4. RESOLUTION TO INCLUDE ADJACENT PROPERTIES NORTH OF
DURHAM ROAD IN SUMMERFIELD ANNEXATION
5. RESOLUTION TO REQUIRE TUALATIN DEVELOPMENT COMPANY
TO PAY 102 THE COST OF A 6-INCH MAIN INSTALLATION,
IF AND WHEN INSTALLED, ALONG S.W DURHAM ROAD ADJACENT
__ TO SUMMERFIELD DEVELOPMENT
6. RESOLUTION TO PAY THE COST OF PARALLELING 8-INCH PIPE
INSTALLATION WITH 6-INCH MAIN FOR VANTAGE CREST HOMES,
ON 144TH, SOUTH OF BULL MOUNTAIN ROAD
7. RESOLUTION TO PURCHASE 1-TON DUMP TRUCK FROM LOWEST,
ACCEPTABLE BIDDER
8. RESOLUTION TO PURCHASE 1.5 ACRES OF LAND ON LITTLE BULL
MOUNTAIN ADJACENT TO RESERVOIR #1 TO EXPAND STORAGE
AREA AND FUTURE RESERVOIR SITE
9. OTHER BUSINESS
ADJOURNMENT
ADMINISTRATOR'S REPORT
1. Resolution to approve minutes of last meeting.
2. Visitors.
Mr. Smets of Smets Machinery.
Mr. Smets is constructing a new machine shop on a lot along the
south side of S. W. Bonita Road, between 72nd and I-5 Freeway. The site
is located in the Metzger Water District and is adjacent to where Tigard
Water District has been installing the 16-inch transmission main to Lake
Oswego.
Upon observing the concrete slab for the building I advised Mr.
Smets that he had better check with the City of Tigard to determine if a
fire hydrant was required prior to occupancy of the proposed building.
The site is served water from a well for domestic purposes. The City of
Tigard advised him that a fire hydrant is required for fire protection.
Since there is no water main along Bonita Road at this point, Mr.
`W`' Smets desires to connect to Tigard Water District's new 16-inch trans-
mission line with a fire hydrant in lieu of paying the cost to extend
Metzger's water main from 72nd Avenue. He was told that there would be
no domestic services, fire hydrants, nor any other connections on this
main because of the eventual extremely high pressures of about 200 psi.
Provisions for installation of pressure regulators have been made at
various intersections.
We have paralleled the 16-inch main with another distribution main,
at considerable expense, including a Fanno Creek crossing (between 74th
and 76th), to ensure that there would be no inter-ties between the trans-
mission main and the distribution system. Pressure in the 16-inch main
will be delicately controlled with a cla-valve so that pressures do not
exceed 20 psi in the distribution system. Any fire hydrant usage would
play havoc with the entire system.
The matter was discussed by the Metzger Water District Board of
Commissioners on March 12th at which time the decision was made for the
owner to install a 12-inch main from 72nd Avenue easterly to the con-
struction site, with Metzger paying the difference between a 6-inch and
12-inch pipe.
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ADMINISTRATOR'S REPORT (Continued`
Another developer called on April 2nd to advise that he is
negotiating to purchase a parcel of land just east of Mr. Smets'
property and he too desires both fire protection and domestic ser-
vices. To allow Mr. Smets to connect to the 16-inch main would set
a precedent and indicate to others that they could connect too.
Finally, it is a Metzger Water District problem and we cannot legally
serve the site without their request and approval.
3. Resolution to pay vouchers.
4. Resolution to include adjacent properties north of Durham Road,
in Summerfield annexation.
At the last meeting it was resolved that Summerfield be annexed
to the district. There are some property owners along 98th Avenue,
north of Durham Road, who desire to be included in the annexation.
*N. Their wells are going dry and need water as soon as possible. A 12-
inch main will be extended down 98th to Durham Road to serve these
homes.
To the east, between Summerfield and Hall Boulevard, there is
about 73 acres of land, much of it owned by Mr. Ed Sattler, which will
become an island when Summerfield is annexed. Mr. Sattler does not
desire to annex to the district.
If the Board does not annex this 73 acres the Boundary Review
commission may or may not include it in the total annexation.
5. Resolution to require Tualatin Development Company to pay 1/2 the
cost of a 6-inch main installation, if and when installed, along S. W.
Durham Road adjacent to Summerfield development.
The water system for Phase I of Summerfield is being designed.
This phase consists of 12-inch and 8-inch mains extended westerly from
98th Avenue, near the new Mormon Church, to the equivalent of 105th and
Durham Road. Mains will be constructed within the development and not
on Durham Road. The plot plan indicates that the rear of several homes
will border on Durham Road. This may result in a hardship for other
property owners along this thoroughfare as they will have to pay for a
�.. main extension, bearing the entire cost for property adjacent to both
sides of the road.
A resolution as noted above will ensure that these property owners
will be protected if and when a main is installed along Durham Road.
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Nor
ADMINISTRATOR'S REPORT (Continued)
6. Resolution to pay the cost of paralleling 8-inch pipe installation
with 6-inch main for Vantage Crest Homes, on 144th Avenue. south of Bull
Mountain Road.
This development of 22 home sites along 144th Avenue for Mr. Sam
Gotter and Mr. Larry Jackson creates a water pressure problem for the
district. The ground elevation demands that the homes on the upper
portion be served from the pressurized system. However, the homes at
the lower elevations should and can be served by gravity. There is
only one solution: install two water mains in parallel.
The developers have agreed to install an 8-inch main the entire
length of their property plus 3 fire hydrants at an estimated cost of
$12,500. They request relief in not having to also pay for a parallel
6-inch main on the pressurized system.
Of the estimated amount, about $2,000 (18%) goes into the coffers
of the Tigard Water District. It will cost about this same amount to
pay for the parallel 6-inch main. Therefore, the district will not
lose any money. If district personnel install the mains, a profit can
Nr
be made on wage reimbursement.
7. Resolution to purchase 1-ton dump truck from lowest, acceptable
bidder.
This vehicle was budgeted to be purchased during this fiscal year,
but was delayed in an effort to save funds. In view of the additional
water purchases from Capitol Highway Water District and the resultant
over-expenditure of this account, it was deemed appropriate to wait
until the next fiscal year to purchase the truck.
If the truck is ordered now it will not be delivered until after
July 1st. Therefore, it can be paid from the new budget.
8. Resolution to purchase 1 .5 acres of land on Little Bull Mountain
adjacent to reservoir #1 to expand storage area and future reservoir site.
See attached map for the property in question.
The Calvin Presbyterian Church intends to construct an addition to
their church building on Canterbury Lane. To accumulate funds for the
project they are required to sell some of their land which is adjacent
'J' to the water district's reservoir site.
-3-
Aim"
ADMINISTRATOR'S REPORT (Continued)
Four acres of land was offered to the City of Tigard for $22,000
with the provision that the property be used as a park site. The City
did not have the funds to make the purchase so the offer was refused.
The property has been offered for sale to the public with bids to
be received by April 17th; however, the church has the right to reject
any and all bids.
About 14,- acres of the 4 acres would be ideal for the needs of the
Tigard Water District. Parcel I (0.7 acres) as shown on the attached
map is needed for additional outside storage area. We are resolved to
continue utilizing this property as the shop and storage area. The cost
to purchase another shop site and building would be exorbitant. Funds
are being programmed in next year's budget to expand the shop building
to the rear (south). This will provide space for the telemetering con-
sole, garage area, etc.
Parcel II (0.8 acres) is a logical site for a future reservoir.
Although the master plan does not indicate another reservoir in this
area, no one can predict the district's future needs, particularly if
someone should decide to serve water south of the Tualatin River. This
mow reservoir site is at the correct elevation, in close proximity to district
facilities, and compatible with the surrounding community.
The 1 .5 acres is a beautiful area and one of the last remaining
wooded portions of Little Bull Mountain. The large fir trees provide
a natural buffer and camouflage between the reservoirs and the adjacent
homes. Personal conflict with adjacent neighbors can be avoided by
retaining this buffer zone. It will provide some degree of assurance
that the district can retain a shop area in this residential neighborhood.
Neil Longfellow is a member of the church's construction committee.
He states that the committee would prefer to sell the land to the water
district and retain some degree of privacy rather than have homes con-
structed on the property. Bids have been received for expanding the
church building and are less than had been anticipated. Consequently,
the committee feels that it would be appropriate to sell only a portion
of the 4 acres. Our plans for purchase of 14 acres meets with their
approval.
Over the years we have had a fine relationship with Reverend Cayton
and the church. They have been excellent neighbors.
This is probably our last chance to obtain such a desirable site
for future expansion in this area.
Now
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ADMINISTRATOR'S REPORT (Continued)
Since the City of Tigard was offered the 4 acres for $22,000
($5,500 per acre) with the condition that the land be used for a park
site, a comparable figure for 1* acres would be $8,250. I believe an
offer of $10,000 without restrictions would be a fair price. Funds are
available in bond construction for purchase of additional reservoir
sites.
Neil Longfellow will appear before the Board at the regular meet-
ing to discuss the details with you.
9. Other business.
10. Unmetered water.
Month Cubic Feet Cubic Feet Pur- Cubic Feet Cubic Feet Loss Loss
,... & Year Pumped x 1000 chased x 1000 Total x 1000 Sold x 1000 x 1000 %
March 5,677 216 5,893 4,370 1,523 26%
Cumulative Total: Jul72 - Mar73: 64,742 53,648 11 ,094 17.1%
11. Construction progress on Lake Oswego connection.
All 16-inch pipe is now in the ground. The master meter vault with
by-pass is being constructed and the 10-inch Rockwell Turbo meter can be
"dropped in" when it arrives within 2 weeks. In the meantime we can use
the by-pass for water as necessary.
The pump station is due for completion on April 15th. John Miller
will have the pit prepared with a concrete slab when the station arrives
on a truck for hoisting into the ground. The transformer will be installed
on a separate concrete slab near the pump station by PGE. Frahler Electric
Company will make the electrical connections.
Included with the pump station will be the telemetering equipment.
Martig, Inc. will begin installing appropriate devices at #1 reservoir and
Lake Oswego's treatment plan within 2 weeks.
•.r With luck, we should be receiving Clackamas River water by May 1st.
It has been a long, expensive project, but one, I believe, we can be justly
proud.
-5-
ADMINISTRATOR'S REPORT (Continued)
12. Construction progress on #3 reservoir.
Everett Wiggins has completed excavating around the perimeter of
#3 reservoir. It will now be sandblasted and stainless steel bands
installed around the tank at prescribed intervals. Upon completion,
these steel bands will be sprayed with concrete (gunite) which will
prolong the life and prevent rust of the bands.
This project should be completed by May 1st.
13. Construction progress on 24-inch main from Portland.
Portland Bureau of Water Works has started construction with their
portion of the 24-inch main to the city limits of Portland.
Metzger Water District, as the coordinating body, has awarded contracts
to the below listed companies to furnish pipe, fittings, and labor for
the installation of the 24-inch main from the city limits to Bradley
Corners:
U. S. Pipe: 6800' of 24" D.I. pipe $ 91,120
Consolidated Supply: Fittings 166
Marshall Associates: Labor 66,210
Miscellaneous: (estimate) 1 ,010
Sub-total : $160,000
Engineering: Elden Carter 8% 12,800
$172,800
It appears that the $175,000 estimate will be very close to actual
costs, and our commitment of $30,000 should not be exceeded.
This project should be completed by July 1st.
Our plan is to complete the remaining portion of this transmission
main to Tigard and Tiedeman Streets by May 1974. Sufficient funds are
in bond construction #1 to do this job.
14. Determination of a critical ground water area hearing in the Cooper
Mountain - Bull Mountain area.
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law
ADMINISTRATOR'S REPORT (Continued)
A letter was sent to each commissioner on March 16th regarding the
hearing to be conducted by the State Engineer. (See attached notice of
hearing).
The parameters of the evidence to be presented. by interested persons
does not leave much leeway for argument. We would have to agree that the
evidence supports an affirmative finding on (a) through (d) as listed on
the notice of hearing. However, we can express our disfavor in claiming
that the subject area is a critical ground water source.
15. Ken Baines wins one.
Franklin Service Corporation won the legal case against Progress
Water District. regarding the charging of $100 per unit connection fee
for an apartment house although actually installing only 1 master meter.
This involved a 132 unit apartment which was being charged $13,200 for
water service. (If is illegal , says the judge).
ver
16. Preliminary Budget Meeting.
The first meeting of the budget committee will be held at 8:30 p.m.
immediately following the regular board meeting.
17. Work accomplished during March 1973.
a. TWI) installed 1200 feet of 16" D.I. pipe along S. W. Bonita Road,
between Bangy Road and I-5, including pipe installation in 36-inch casing
under I-5. (Bond Construction #1A)
b. Arndt-Colt installed 700 feet of 16" D.I. pipe along S. W. Bonita
Road, between 72nd Avenue and I-5, including a creek crossing near 72nd.
(Bond Construction #lA)
c. TWD installed 870' of 12" D.I. pipe and 500' of 10" C.I. pipe
plus 1 fire hydrant along S. W. Canterbury and 103rd Avenue, between #1
reservoir. and 103rd and Murdock. (Bond Construction #lA)
"4'"° -7-
ADMINISTRATOR'S REPORT (Continued)
d. TWD installed fire hydrant on Johnson Street, near Watkins St.
e. TWD installed 14 meters. (3834 - 3821)
18. Work to be accomplished during next few months.
April
a. TWA install 10" Rockwell turbo-meter with concrete vault on east
side of 1-5 for Clackamas River water. (Bond Construction #1A)
b. TWD install self-contained pump station on west side of I-5 for
Clackamas River. water. (Bond Construction #1A)
c. TWD install 2670' of 12" D.I., 760' of 10" C.I., 980' of 8" C.I.,
and 1080' of 6" C.I. plus 3 fire hydrants from 103rd and Murdock to 98th
and Sattler Road. (Bond Construction #lA)
d. Everett Wiggins complete construction on reservoir #3.
a. TWD install 1150' of 6" C.I. pipe plus 1 fire hydrant along 93rd.
and View Terrace for Mr. George Penrose. (Developers)
b. TWD install 300' of 6" C.I. pipe plus 1 fire hydrant for small
development off Garrett Street for Mr. Jim Aiken. (Developers)
c. TWD install 1520' of 8" C.I. and 1060' of 6" C.I. plus 3 fire
hydrants along 144th Avenue, south of Bull Mountain Road, for Mr. Sam
Gotter and Mr. Larry Jackson. (Vantage Crest Homes) (Developers)
d. TWD install 6" cla-valve to control pressure at 900 bend on Bull
Mountain Road, west of 150th Avenue.
e. TWD install 12" x 6" cross on pressurized system at new Hi Tor
reservoir in preparation for new pump station.
f. TWD install sprinkler system and plant grass for parking strip
at new Hi Tor reservoir.
June
,row. a. TO complete all of above projects including installation of
copper services and cleanup. Prepare for inventory.
-8-
• C atAr Enppller} r onb •
Otegoo Ste to L ,r (-T'-a t6 A w i
•
ON THE QUESTION OF 1'
(�
DETERMINATION OF A ) VAN3 �+ 191 N OTICE At.
CRITICAL GROUND WATER ) of
'yawAREA IN THE COOPER J T-, H E A R I N G
MOUNTAIN-BULL MOUNTAIN
AREA OREGON )
Notice is hereby given that public hearings will be held by the State
Engineer of Oregon on Monday, May 7, 1973, in the Aloha High School,
Multipurpose Room No. 1 at 185th and Kinnaman Road, Aloha, Oregon,
commencing at 3:00 p.m. and at 7:30 p.m. on the question of determination
of a critical ground water area in the Cooper Mountain-Bull Mountain area,
Washington County, Oregon. The area in-question covers approximately 41
square miles surrounding Cooper and Bull Mountains, being approximately
bounded on the north by Butternut Creek, on the west and south by the
Tualatin River and on the east and northeast by the Tualatin-Tigard-
Beaverton Highway No. 217. The said area includes portions of the cities
of Tigard, Beaverton and Tualatin, and the entirety of King City.
All interested persons are invited to be present at the hearing and to
present oral or documentary evidence on the following subjects:
• (a) Whether ground water levels in the area in question
are declining or have declined excessively;
(b) Whether the wells of two or more ground water claimants
or appropriators within the area in question interfere
substantially with one another;
• (c) Whether the available ground water supply in the area
in question is being or is about to be overdrawn; ,
(d) Whether the purity of the ground water supply in the
area in question has been or reasonably may be expected
to become polluted to an extent contrary to the public
welfare, health and safety.
The State Engineer will receive any pertinent evidence in favor of or :
opposed to the determination of a critical ground water area as provided
in ORS 537.730, 537.735 and 537.740.
Dated at Salem, Oregon this 16th day of March 197 .
Oregon State Health Division
ro
R � U � � U I fn1 CHRIS L. WHEELER
jJ� U State Engineer
MAR 3 0 1973
_...._...DNF.„.,.__..TEMP PERM
Rl St,lf e
'�,hcron cA°
Circuit Court of Oregon
Hollie Pihl
Judge Woasington County
Twentieth Judicial District
HILLSBORO, OREGON
March 15, 1973
William C . Ogilvy George E. Birnie
Attorney at Law Attorney at Law
505 Franklin Building American Bank Building
Portland, Oregon 97204 Portland, Oregon
Re: Franklin Service Corp. Vs Progress Water District
Case No. 32-967
Gentlemen:
This suit involves a dispute between the builder of a
multiple unit apartment building and the water district
over hook-up charges based on the number of units in the
building. The hook-up charge being $100.00 for each
dwelling unit plus construction costs .
Prior to this schedule being promulgated the hook-up
charge was the construction costs regardless of the
number of living units or demand on the water system.
According to paragraph 2 of the new schedule, the service
connection fee is $100.00 regardless of potential demand
except for multiple dwelling uses .
As stated in Plaintiff 's Trial Memorandum, the question
presented by this suit is whether the connection charge
is arbitrary and capricious . The court is of the opinion
that the district has set up an improper classification
by unjustly limiting the new schedule to multiple dwel-
ling units as opposed to including other non-dwelling
uses that would probably place a greater burden on the
existing distribution system.
441000
r Lcinkl LL service Corp. -L-
vs
Progress Water District
In that neither party requested special findings prior to
trial, counsel for Plaintiff may prepare a decree in
general form providing for the relief prayed for in
Plaintiff 's complaint less $100.00 which all new users
would have to pay.
Very truly yo
C s. LLIE PIHL
Circuit Judge
HP:km
LAW OFFICE
GEORGE E. BIRNIE
AMERICAN BANK BUILDING
PORTLAND,OREGON 97205
March 16, 1973
Metzger Water District
6501 S. W. Taylors Ferry Rd.
Portland, Oregon 97223
RE: FRANKLIN SERVICE CORPORATION v. PROGRESS WATER DISTRICT
Gentlemen:
I send to you with this letter a copy of the letter opinion
of Judge Hollie Pihl in which he held void the charge made by Progress
Water District to Franklin Service Corporation in the amount of
$13,200 representing the connection charge for connection of a water
main to this 132 unit multiple dwelling facility.
Progress Water District is now completely merged into
Metzger Water District and only Dudley Scott, a Commissioner aF the
‘itrof former Progress Water District, is a member of the new Metzger
Water District Board.
The facts of the case are these: On September 15, 1971,
Progress Water District adopted a resolution for connection charges
which imposed a charge of $100 per dwelling unit plus the cost of
meter installation and engineering. The resolution provided that
there be no charge for single family dwellings and the resolution was
completely silent with respect to charges for commercial installations.
In May of 1972, the Franklin Service Corporation commenced a
construction of the 132-unit apartment within the boundaries of the
district. It paid the charges for installation and engineering of
the connection facility but refused to pay an additional connection
charge of $100 per dwelling unit. It paid such sum into court and
brought this suit for a determination of the validity of the order
of the water district.
A trial was held in January, 1973, in the Circuit Court of
Hillsboro in which testimony was taken concerning the facts surround-
ing this matter. The testimony in behalf of the Progress Water
District was given by Mr. Carl V. Jonasson, Jr. , who had been a mem-
ber of the Board of Commissioners of the district and was a licensed
engineer. He went into great detail in his testimony pointing out
�ihr►'
•
Metzger Water District - 2 - March 16, 1973
the cost factors involved in the determination of the connection charges
determined by the district, indicating that there would be very little
single family residential construction and perhaps some commercial
construction, but that the district was going to be given over pretty
much to multiple dwelling facility construction.
The position of Franklin Service Corporation was based upon
a line of decisions dealing not with the question of service connection
charges but in charges for water usage by multiple dwelling units. The
Supreme Court in the latter instance has held that charges for water
service must be supported by financial considerations necessitating the
making of such charge. These decisions do not apply to service connec-
tion charges, but rather service connection charges are based in part
upon the cost of the installation of facilities necessary to deliver the
water to the user.
You will notice from Judge Pihl' s letter opinion that the
district did not set up a proper classification because it limited
the schedule to multiple dwelling units and excluded "non-dwelling
uses" which he thought might place a greater burden on the existing
distribution system.
When Progress Water District brought this matter to my atten-
tion about the time they were first sued by Franklin Service Corporation,
I pointed out the necessity of having the resolution governing the sub-
ject of service connection charges be adopted in accordance with the
1971 statute which controls such matters and the resolution was expanded
to cover all facilities other than apartment uses. Apparently the new
resolution adopted after the commencement of the action would have been
satisfactory to the court. A copy of such resolution is also sent with
this letter.
I will be pleased to discuss this case with you if the Board
of Commissioners should desire_
Verytruly yours,
GEB:k ld
Enc.
cc: Elden Carter
fire