03/13/1973 - Packet TIGARD WATER DISTRICT 88418. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (503) 639-1554
March 13, 1973
AGENDA
CALL TO ORDER
1. RESOLUTION TO APPROVE MINUTES OF LAST MEETING
2. VISITORS
3. RESOLUTION TO PAY VOUCHERS
4. RESOLUTION TO SERVE AND ANNEX COMMONWEALTH PROPERTY
ON S. W. 121ST AND SCHOLLS FERRY ROAD, APPROXIMATELY
100 ACRES, CONSISTING OF 220 SINGLE FAMILY DWELLINGS
*w. AND 140 APARTMENT UNITS
5. RESOLUTION TO APPROVE AGREEMENT WITH METZGER WATER
DISTRICT AND CITY OF BEAVERTON TO SHARE EQUALLY IN
REMAINING COSTS OF 24-INCH MAIN INSTALLATION FROM
PORTLAND CITY LIMITS TO BRADLEY CORNERS
6. RESOLUTION TO APPROVE AGREEMENT, AS AMENDED, WITH
CITY OF PORTLAND TO PURCHASE SURPLUS WATER, EFF'ECTIVE
WHEN CONNECTION IS MADE AT BRADLEY CORNERS
7. RESOLUTION TO ACCEPT LOWEST APPROVED BID TO INSTALL
APPROXIMATELY 3500 FEET OF 12-INCH D.I. PIPE FOR
GRtAVITY SYSTEM PLUS PARALLELING 6-INCH TO 10-INCH
C.I. PIPE FOR PRESSURIZED SYSTEM ON LITTLE BULL MT.
8. RESOLUTION TO AUTHORIZE ADMINISTRATOR TO OBTAIN GASO-
LINE FROM DISTRICT'S PUMPS WHEN UTILIZING PRIVATE
CONVEYANCE FOR DISTRICT'S BUSINESS
9. OTHER BUSINESS
ADJOURNMENT
ADMINISTRATOR'S REPORT
1. Resolution to approve minutes of last meeting.
2. Visitors.
Ernie Platt, Commonwealth Properties, Inc.
Don Carlson, Boundary Review Commission
Ken Martin, Boundary Review Commission
3. Resolution to pay vouchers.
4. Resolution to serve and annex Commonwealth property on S. W.
121st and Scholls Ferry Road. approximately 100 acres. consisting
of 220 single family dwellings and 140 apartment units.
There has been some misunderstanding regarding the powers of
the Boundary Review Commission. They cannot and will not demand
that Tigard Water District serve the Commonwealth property. They
are a coordinating agency attempting to guide the special service
districts in a direction which will benefit all the people in the
area on a regional basis.
I have appeared before the Boundary Review Commission on
several occasions regarding annexations and I have found them to
be intelligent, responsible citizens attempting to perform a
necessary task for the community. They are independent thinkers,
just as each member of the Tigard Water District Board of Commis-
sioners. They desire to work with the special service districts
and not in opposition.
The regional engineer for CRAG (Columbia River Association of
Governments) has recommended that Tigard Water District serve the
Commonwealth property. The Boundary Review Commission (staff)
concurs with this recommendation. (See attached letter).
The matter whether the district should or should not serve this
Planned Unit Development (PUD) should be determined, primarily, upon
the district's capability to adequately serve water to the area.
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Aar
ADMINISTRATOR'S REPORT (Continued)
Superintendent Deb Fennell, School District #23J, was contacted
regarding the school district's position on this new housing development
being transferred from the Beaverton School District to Tigard (#23J).
He stated that the School Board would have to take a long, hard look
at this matter because of the liability and responsibility involved.
It is estimated that 500 children of school age will live in this PUD.
This means additional classrooms and teachers. Normally, a school
district loses financially in the deal when comparing revenue versus
cost to educate the children in a strictly residential development.
Large commercial and industrial tracts, with high property valuation,
usually provide a better financial bargain for a school district.
Advantage s:
a. Engineering. The proposed pipe lines, all paid for by the
developer, would provide an inter-tie with the City of Beaverton at
121st or 113th and Scholls Ferry Road at an early date.
The proposed water plan would eliminate several existing
"dead-ends", and enhance "circulation loops", in addition to furthering
the district's "loop" to 135th and Scholls Ferry Road, and eventually
to #3 reservoir at 135th and Fern St.
A 12-inch main will be required in the "spine" road which will
serve as a transmission main as well as distribution and fire protection.
(All paid for by developer).
Pressure zones are ideal on gravity flow without booster pumps.
b. Financial. It is estimated that the pipe construction project
will cost about $100,000. This would mean about $18,000 to the Tigard
Water District. (10% for administration and overhead and 8% for engineer-
ing). Revenues for water sales for the month of February totalled about
$22,000 which gives one an idea of the value of approving such a develop-
ment in the district.
With the recently approved increase in the charge for meter
installations, effective July 1st, it is estimated that the district will
gain about $25,000 in additional revenue.
On user rates, the district can make money, whether it be well
water, Clackamas River, or Bull Run (direct) as the source. The district
about breaks even on Bull Run water purchased via Capitol Highway Water
District. There is a lot to be said about volume sales which can reduce
%o"` the cost of water to individual users.
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40111.,
ADMINISTRATOR'S REPORT (Continued)
c. Boundaries. The proposed annexation would establish a
logical boundary on the north; namely, Scholls Ferry Road.
Disadvantages:
a. Adequate supply. Only one real disadvantage exists: that
it obligates the Tigard Water District to serve the area while the
district must always be dependent upon outside sources for its primary
source of water.
The alternative is for Metzger Water District to serve the
area. Whether it is Tigard or Metzger that serves the PUD it will
eventually be served from the 24-inch main at Bradley Corners. It
becomes a matter then, of who administers the water system in the
development. Availability of water via the 24-inch main will effect
both Tigard and Metzger equally. Therefore, it makes little difference
which district serves the PUD.
"va"" I would like to see Tigard serve the development for the reasons
listed, and particularly because I believe that we can do, a better job,
and at the same time, enjoy the increased revenue.
5. Resolution to approve agreement with Metzger Water District and
City of Beaverton to share equally in remaining costs of 24-inch main
installation from Portland City Limits to Bradley Corners.
Mr. Birnie, attorney for Metzger Water District, is in the process
of preparing an agreement between the three water purveyors involved
in this project. Knowing how "rapid" Birnie operates I am doubtful
that the agreement will be ready by the date of the meeting, much less
for Ken Baines to review it. However, it is hoped that some progress
can be made so that construction can begin soon.
6. Resolution to approve agreement. as amended„ with City of Portland
to purchase surplus water. effective when connection is made at Bradley,
Corners.
Ken Baines met with representatives of the Portland Bureau of Water
Works to amend the standard agreement contract between Portland and Tigard
Water District. Ken was able to obtain several concessions which are
noted in his letter of February 19, 1973. (Attached). He will prepare
an addendum which will become an integral part of the standard agreement.
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ADMINISTRATOR'S REPORT (Continued)
7. Resolution to accept lowest approved bid to install approximately
3500 feet of 12-inch D.I. pipe for gravity system plus paralleling 6-
inch to 10-inch C.I. pipe for pressurized system on Little Bull Mt.
There comes a time when John Miller and his small crew cannot do
everything. This is the time. With the advent of good weather everyone
wants either a meter or a pipe line installed. We are doing our best
to keep pace, but occasionally, outside assistance is required. Actually,
the district can do better financially to concentrate on installing short
lines with small diameter pipe and leave the major construction to private
contractors. We do not possess appropriate equipment to install the larger
pipe lines.
Consequently, it is requested that a private contractor perform the
installation of the mains between reservoir #1 and 98th and Sattler Road.
This installation will serve a dual need. First, it will eliminate much
of the leaky steel pipe on the pressurized system, and second, will parallel
4r.► the pressurized system with a gravity system. These mains will allow the
transfer of about 50 homes from the overloaded pressurized system and
improve the district's capability to serve the higher elevations of Little
Bull Mountain without purchasing a new pump station.
Bids have been requested from private contractors for labor and
equipment based upon lineal footage. Bids should range from $4 to $5/foot
or a total cost of about $16,000. After the Lake Oswego pump station
estimate I am afraid to make any more predictions on costs.
8. Resolution to authorize Administrator to obtain gasoline from district's,
pumps when utilizing private conveyance for district's business.
For the past 3 years I have been utilizing the district's gasoline
for my private vehicle (El Camino) to perform tasks for the district.
The Board has never officially granted this authority.
At 21¢ per gallon it amounts to 100 gallons per month or $21/month.
I have never asked nor do I now request reimbursement for vehicle main-
tenance, tires, tuneups, etc. .
As a comparison, the former Administrator utilized the district's
vehicle, not only at work, but to commute to and from his home, in addi-
tion to a $100 per month expense account. I ask for neither, but I do
believe it is fair that the district provide the fuel, at least.
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Asir
ADMINISTRATOR'S REPORT (Continued)
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 %
February 5,038 363 5,401 4,185 1,216 22.5%
Cumulative Total: July 72-Feb73: 58,849 49,278 9,571 l6.
During the past month John Miller and I studied the problem of
water loss within the district. The cumulative total of about 16% is
considered high although Capitol Highway Water District has informed us
that they experienced a 28% annual water loss last year.
We are convinced that the problem lies in the existing steel, and
boiler tubing that was installed during and after World War II. We have
replaced much of the old mains and increased the sizes, but several old
mains exist in the system. During this past month several small steel pipe
and galvanized steel services were replaced or abandoned. Significant
improvement has been noted in reservoir levels.
Only one 2-inch 0.D. steel main remains in the district, that being
on S. W. Errol, between 112th and 121st. That is scheduled for replacing
in July of this year. All 3" 0.D. steel pipe has been replaced. That
leaves only 4" O.D. and 6" O.D. steel pipe to be replaced. A four year
replacement program is suggested and a listing, by priority, is attached
to this report. It calls for about $60,000 per year in pipeline replace-
ment versus the $45,000 per year now being budgeted. The water saved
would be worth the additional investment.
11. Construction progress on Lake Oswego connection.
Not much in tangible progress can be shown on this project for this
month. However, final plans and specifications were prepared and sub-
mitted to Lake Oswego for approval. (They have jurisdiction to the master
v`"" meter to be located on the east side of I-5). Oregon State Board of Health
must approved the pump station. Oregon State Highway Department has been
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wr
ADMINISTRATOR'S REPORT (Continued)
consulted regarding the new right-of-way limits for the Bonita Road
overpass. Their surveyors have set line and grade for us. They have
requested that we extend the 36" steel casing on each side about 20
feet. (under I-5). This can be done without any problem. (just a
few more dollars). This portion is exposed so there will be no need
to tunnel.
The self-contained pump station is being constructed; the master
meter and concrete vault have been ordered; Martig, Inc. is assembling
the parts for the telemetry system; General Telephone and Pacific N.W.
Bell have been contacted regarding the telemetry system; and PGE is
acquiring the large transformer for the pump station.
Hopefully, all will work out and we will have Clackamas River
water by May 1st. (It is like playing Chinese checkers; one has to
keep all the marbles moving to win the game).
This connection to Lake Oswego cannot come too soon. At present,
New even in the winter, we must continue to purchase Bull Run water from
Capitol Highway Water District to keep pace with demand. You will
notice on the financial report that the district has expended over
$50,000 to purchase water for this fiscal year and this is only March.
($43,000 was budgeted).
The Oregon State Board of Health has taken a sample of #3 well.
They believe it may be pumping salt water because of the high mineral
content.
Portland Bureau of Water Works has promulgated a letter to all
outside users regarding a possible water shortage this summer. (see
attached letter).
Enclosed is a newspaper clipping in which Mr. Harry A. Kemp,
Director of Health Services, Washington County, was quoted as stating
that some deep wells may have to be closed temporarily. The remark
about the letter from the City of Portland in which there may be a
shortage of Bull Run water was sent to all outside water districts,
and not just Tigard Water District. Mr. Kemp is not fully informed
about the many recent capital improvements that we have made to our
system.
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w
ADMINISTRATOR'S REPORT (Continued)
13. Construction progress on #3 reservoir.
Everett Wiggins has been excavating around the perimeter of
#3 reservoir all the way to the ring wall. Upon completion, he
will commence installing the stainless steel banding.
Hopefully, this project will be completed by March 30th and
the reservoir in service again. It adds another 300,000 gallons
of storage to the system for a total of 7.5 million gallons.
Further, it is now at the right elevation and will become a workable
asset in the system.
It makes all the more important, the installation of the 12-inch
main from 121st to 132nd on Walnut Avenue which will be installed in
May and June by district personnel.
'goy
14. Salary scale for FY1973-74.
Enclosed is a confidential proposed salary scale for the next
fiscal year.
15. Work accomplished during February.
a. TWD tied-over to new mains approximately 60 homes with
copper services along Park, Watkins, 107th, and Cook Lane. (Pipe
replacement program).
b. TWD installed 600 feet of 6" C.I. plus 1 fire hydrant to
replace 2" galvanized on James Street, west of 121st Avenue. (Pipe
replacement program).
c. TWD installed 100 feet of 6" C.I. and 400 feet of 4" C.I.
near Lincoln and Center Streets to replace 2" galvanized pipe. (Pipe
replacement program).
d. TWD installed 250 feet of 8" C.I. plus 1 fire hydrant along
S. W. Franklin, between 66th and 67th Avenue for All-State Insurance
Company. (Developer's)
vow
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ADMINISTRATOR'S REPORT (Continued)
e. SWS Corp. (Willie Deppenmeier) installed 1870 feet of 6" C.I.
plus 4 fire hydrants along 107th Court and Pathfinder Way, off Fonner
Street, for SWS Corporation. (Developer's).
f. TWD installed 41 copper services for (e) above.
g. TWD installed 19 meters. (3820 - 3802).
16. Work to be accomplished during next few months.
a. TWD install 2000 feet of 16" D.I. pipe along S. W. Bonita
Road, between railroad tracks and I-5. (Bond Construction #1A).
b. Arndt-Colt install 750 feet of 16" D.I. pipe along S. W.
Bonita Road, between Bangy Road and I-5, including pipe installation
*we in 36-inch steel casing under I-5. (Bond Construction #lA)
c. TWD install 10-inch Rockwell turbo-meter with concrete vault
on east side of I-5 for Clackamas River water. (Bond Construction #lA).
d. TWD install 1150 feet of 6-inch C.I. plus 1 fire hydrant
along 93rd and View Terrace for Mr. George Penrose. (Developer's).
e. Private contractor install 3540 feet of 12" D.I., 1260 feet
of 10" C.I., 980 feet of 8" C.I., and 1080 feet of 6" C.I. plus 4 fire
hydrants from Reservoir #1 to 98th and Sattler Road. (Bond Construction
#1A).
f. TWD install 300 feet of 6-inch C.I. for small development off
Garrett Street for Mr. Jim Aiken. (Developer's).
g. Everette Wiggins complete construction on Reservoir #3 by
installing stainless steel bands around perimeter of tank. (Bond
Construction #1).
April:
a. TWD install self-contained pump station on west side of I-5
for Clackamas River water. (Bond Construction #1A).
b. TWD install all services, fire hydrants, and tie-ins for
mains installed from Reservoir #1 to 98th and Sattler Road. (Bond
Construction #1A).
Mav and June:
a. TWD install 3360 feet of 12" C.I. plus 5 fire hydrants along
Walnut Street, 121st to 132nd Avenues. (Bond Construction #lA).
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COLt1MBIA
MULTNOMAH
WASHINGTON
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6400 S.W. CANYON COURT PORTLAND, OREGON 97221 PHONE: 297-2237
' January 23 , 1973
It
To : Eldon Carter & George Birnie, Metzger Water District
Bob Santee , Tigard Water District
Larry Sprecher , City of Beaverton
From: DonCason, Executive Officer , Boundary Commission
Re : Cost Distribution for Extension of 24" diameter water
line from City of Portland to Bradley Corner
The Boundary Commission staff for some time now has been serving
as coordinator for several jurisdictions in their negotiations
for the financing of .a major water supply main for southeastern
Washington County. The initial impetus for constructing the
`''o' main came from the needs of the Washington Square Shopping Center
for a good water supply for fire protection purposes . Our involve-
ment stems from the interest of several other property owners in
obtaining a strong water supply to their properties . These ad-
ditional properties are situated generally on both sides of Scholls
Ferry Rd . immediately west of the Southern Pacific Railroad line
and are not yet within any public agency for water supply. As
water supply becomes available to the area, the staff anticipates
several boundary change requests .
As you recall , to get the negotiations under way, we held a meet-
ing of concerned property owners and governmental jurisdictions
in early December 1972. The Commission staff stated its goals
for this endeavor at that time. They are :
1) Assurance of a good supply of water to the properties which
will soon be developing with both residential and industrial
uses ;
2) Provision for usable interconnections of the various water
systems and sources of supply and storage reservoirs ; and
3) Provision for the construction of a 24" (rather than 18" line
from Portland to Bradley Corner and an equitable method of
financing the line.
For that meeting we requested the CRAG engineer to study the
problem of extending water to the proposed residential and
industrial areas west of the Washington Square development .
STAFF: COMMISSIONERS: ANTHONY N. FEDERICI
DONALD E. CARLSON E.ecutiive Officer JERRY TIPPENS, Chairman H. JOSEPH FERGUSON
KENNETH S. MARTIN, Ad iinis'ratrve Analyst MRS. BROOKS GUNSUL, Vice Charman MRS. CAROLYN GASSAWAY
JEAN KRET7_LR, Secretary DONOVAN E. BLAIR LOUIS C. LAVACHEK
RICHARD M. BROWN CAMPBELL RICHARDSON
DR. RONALD C. CEASE DR. PAUL J. SLOMINSKI
Page Two January 23 , 1973
4,4•, The CRAG engineer ' s report contained the following analysis and
recommendations :
"Analysis
In evaluating the needs of the area, several items are apparent .
1 . Scholls Ferry Road was established as an agreed political
boundary between the cities of Beaverton and Tigard.
2 . A logical east-west boundary in this area is the north-south
Beaverton Freeway and the Southern Pacific Railroad.
•
3 . It is probable that the City of Beaverton and Tigard Water
District cannot adequately serve the ultimate development
of these tracts with the present water supply.
. 4 . The CRAG Water Plan specifies that the area in question be
served by Bull Run water . . .
"Results and Recommendations
From the brief study performed and discussion with City of
Beaverton and Tigard Water District officials , some logical recom-
mendations can be made assuming a more detailed engineering study
*ofbe given in locating water lines and auxiliary equipment .
1 . Logical service boundaries be established between S. E.
145th on the west and the Southern Pacific Railroad on the
east as follows :
a. City of Beaverton serve the area north of Scholls Ferry Rd.
b. Tigard Water District serve the area south of Scholls
Ferry Road.
Further , that agreements be developed between Beaverton and
Tigard as to service along Scholls Ferry Road as development
occurs with primary consideration given to cost effectiveness .
2 . A 24-inch line be installed down Oleson Road to Bradley Corner
and equivalent 12- inch lines be extended to an area west of
the Southern Pacific Railroad near Scholls Ferry Road and an
area west of the railroad near Highway 217 . Connections to
those lines can be made by both Beaverton and Tigard. Advantages
of this approach would be to provide additional water sources
to Beaverton and Tigard and give needed reliability to both
systems while providing a water source to the study area . "
At the December meeting considerable interest was expressed by the
governmental agencies and property owners involved to explore the
matter further . The Commission staff subsequently contacted repre-
sentatives from the City of Beaverton, the Tigard Water District ,
the Metzger Water District , the City of Portland, and the CRAG
engineering staff . On the basis of these contacts it was determined
Page Three January 23 , 1973
„, that both Beaverton and the- Tigard Water District are interested
in obtaining water from the 24” main and thus are interested in
participating financially in the cost of the main. It was also
determined by the CRAG engineering staff through contacts with
the City of Portland that the approximate available domestic water .
and fire flow to Bradley Corner through the 24" main is about 14
to 16 mgd (million gallons/day) . On the basis of this information
we propose that :
1 . The City of Beaverton be the governmental agency responsible
for distributing water to the territory north of Scholls Ferry
Road and west of the railroad tracks and that the Tigard Water
District assume the same responsibility for the territory south
of Scholls Ferry Road west of the railroad tracks ;
2 . That in order to adequately serve the territories involved, both
Beaverton and the Tigard Water District join with the Metzger
Water District to jointly finance the construction of the 24"
•
main from the City of Portland to Bradley Corner . The cost
distribution should be based on the respective water needs of
each agency. Based on discussions with all the parties involved,
we suggest the following cost distribution:
Projected Water Percent
Need - MGD User of Cost Amount
4 . 04*
Winmar (Washington Square) 48 . 58 $ 85 , 000
3 . 65+ Metzger Water District 17 . 14 30, 000
3 . 65+ City of Beaverton 17 . 14 30 , 000
3 . 65+ Tigard Water District 17 . 14 30 , 000
15 . 00 100. 00% $ 175 , 000
*Source - Carter/Bringle Engineers
+Divided remainder between Metzger , Beaverton and Tigard.
3 . That as a result of this joint participation, each governmental
unit be able to use water coming from this source at a rate not
exceeding the current City of Portland outside rate from tanks
with a base elevation under 875 feet ; and
4 . That the Tigard Water District assume the responsibility to trans-
port water from Bradley Corner to its designated service area;
the City of Beaverton enter into negotiations with the Metzger
Water District for an interconnection of their respective systems
along hall Blvd ; and the Tigard Water District and the City of
�,.. Beaverton start negotiations for interconnection of their respec-
tive water systems along Scholls Ferry Rd.
LLOYD E. ANDERSON 3% �;. DEPARTMENT OF PUBLIC WORKS
CITY COMMISSIONER :`� ��- �."1' BUREAU OF WATER WORKS
•'1 f/ifp;Lj T ROBERT C. HYLE
1.1:4Y; 'f MANAGER
1800 S.W.6TH AVE.
CITY OF PORTLAND
OREGON
February 13, 1973
Mr. Robert Santee, Administrator
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Dear Mr. Santee:
The Portland eater Bureau is endeavoring to plan for the regional develop-
ment of the letropolitan area and has contracted with the engineering consulting
firm of Stevens, Thompson & Runyan to perform a water source and cost of service
study in this regard.
Until results of this study are known, major system improvements to the
%sr Portland water supply will necessarily remain static.
Therefore, it becomes appropriate to notify all water purveyors dependent
upon Portland for their water supply that an extended period of hot weather in
1973 could result in possible shortages.
A moderate summer should pose no significant problems provided the alter-
nate sources of water--wells and inter-connections with systems other than
Portland--are continued. Also significant to the cause is the lack of local
storage provided by many of the Dater Districts.
Section 21.28.060 of the City code requires that all water purveyors,
cities, towns, water companies, and other agencies supplying water furnished
by the City to customers outside the City limits, must provide a minimum
storage of 3 times average daily consumption of water. It further provides
that water supply may be discontinued at any time for non-compliance with this
Section.
Due to increased service demands upon the Portland system, local storage,.
therefore, becomes a significant necessity.
This letter is intended to be of cautionary nature to water purveyors of
the possibility of summer water shortages and a plea towards cooperative effort
to provide adequate local storage facilities to minimize this danger.
%bp, Sin rely,
1 c
Robert C. Ilyle °
Aanager
Nr
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 19 , by and between
hereinafter referred to as Purchaser and the CITY OF PORTLAND, a
municipal corporation of the State of Oregon, hereinafter referred to
as City,
WITNESSETH:
WHEREAS the said Purchaser is now obtaining or desires to obtain
surplus water from City, and City is willing to furnish such surplus
water upon the terms and conditions hereinafter set forth,
NOW, THEREFORE, by virtue of the power and authority conferred
on the Mayor and Commissioner in charge of the Bureau of Water Works
by Ordinance No. 130672, Title 21, Water Regulations, of the Code of
the City of Portland, Oregon, the parties hereto hereby agree to and
with each other as follows:
The service and commodity provided by City under the terms and
provisions of this agreement are a special contract service and not
provided by City as a common utility service.
In consideration of the covenants herein set forth on the part
of Purchaser to be kept and performed, City agrees to the continuance
of the connection (or a new connection) between City's water system
and Purchaser's system by
(size and location of meter)
Purchaser recognizes and agrees that City will furnish and sell
only surplus water under the terms and provisions of this agreement,
and it is the duty of City to furnish water at normal volume and
pressure to the City of Portland and its inhabitants before selling
or furnishing any water to Purchaser; however, subject to the above-
mentioned exceptions and those hereinafter set forth, City will
..- endeavor to maintain on its distribution system at the point of the
Purchaser's connection a normal volume and pressure flow.
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Purchaser hereby agrees to abide by and be bound by the terms
and provisions of Ordinance No. 130672, Title 21, Water Regulations,
of the Code of the City of Portland, Oregon, as it presently exists
or may hereafter be amended by the Council of the City of Portland
during the life of this agreement.
Purchaser agrees to provide on its main at a point near the
connection with City's main a compound water meter or meters of type
and pattern approved by the Bureau of Water Works of the City of
Portland who will maintain the meter or meters in proper working
condition at Purchaser's expense and which will at all times measure
the surplus water supplied by City to Purchaser.
It is understood and agreed by and between the parties hereto
that City may at its discretion temporarily discontinue the supply
of surplus water to Purchaser in order to relieve the burden on
City's distribution system during "peak load" periods.
*w On or before June 30 of each year, Purchaser agrees to furnish
to City in writing a legal description of the boundaries of the area
supplied or to be supplied by its distribution system, together with
a report and maps showing all mains now existing or that may hereafter
have been laid, and the location and capacity of all storage tanks.
Such description, report and map or maps showing the location of mains
and the location and capacity of storage tanks within the district,
shall be filed with the Engineer of the Bureau of Water Works of the
City of Portland.
No water shall be sold by Purchaser outside of the distributing
area as shown by the above-mentioned description and map or maps
filed with the Engineer of the Bureau of Water Works, without first
obtaining written permission so to do from the Commissioner in charge
of the Bureau of Water Works.
Purchaser also agrees to furnish not later than June 30 of each
year to the Superintendent of the Bureau of Water Works of City, a
statement showing both the total active and vacant services served
by the distributor and the total active and vacant services on any
subdistributor's lines.
Purchaser agrees to provide water supply to City of Portland
residents in areas adjacent to Purchaser's water mains, said water
to be metered by City. The total volume of such metered water, plus
ten per cent (10%) will be credited to Purchaser by City.
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In consideration of the premises, Purchaser agrees to pay monthly
to City for all water passing through said main or mains and meter or
meters at the rates established by the Council of the City of Portland
from time to time.
In the event that Purchaser has a water supply other than that
furnished by City, and during any month does not use surplus water
furnished by City, then in consideration of the standby service
provided by City, and during all times when surplus water of City
is not used by Purchaser through said main and meter, Purchaser agrees
to pay monthly the standby charge of City at the rate established by
the current water rate ordinance of City. Statements for surplus
water used shall be computed and rendered monthly to Purchaser by City.
Should the meter at any time fail to measure accurately the surplus
water passing through said meter, the charge for surplus water used
during the time the meter is out of order shall be based on the
estimated volume of surplus water supplied, as the City may determine
by usage averages and statistics for prior periods. Payments for
water shall be made by Purchaser to City on or before the 10th day
low of each month for surplus water used or standby charge for the previous
month.
Purchaser shall furnish within ten days after the end of each
month to the Superintendent of the Bureau of Water Works a statement
showing the number of cubic feet of water sold, and if Purchaser has
another source of water supply, the quantity of water in cubic feet
supplied for the previous month from the other source.
It is further understood and agreed by and between the parties
hereto that this agreement is conditional upon the satisfactory
performance by Purchaser of all the terms and conditions hereof
which on its part are to be performed, and upon any failure so to do,
City shall have the right to terminate this contract and discontinue
furnishing surplus water in accordance with the terms of this contract,
but such termination shall be effective only after sixty (60) days
written notice to Purchaser. Purchaser further agrees that if it
desires to cease its purchase of City water, it will give to City
sixty days written notice of such intention prior to disconnection.
This contract will be in full force and effect from and after
, 19 , to and including , 19
IN WITNESS WHEREOF Purchaser has, pursuant to official action
of its governing body on the day of , 19 ,
duly authorizing the same, caused its proper officers to execute
this instrument on its behalf and its corporate seal to be affixed
hereto, and City, pursuant to Ordinance No. 130672, Title 21, Water
r
- 4 -
Regulations, of the Code of the City of Portland, Oregon, has caused
this instrument to be signed by its Mayor and Commissioner in charge
of the Bureau of Water Works, all of which is in triplicate on the
day and year first above written.
(Corporate Seal)
By
Attest
Nitoe
CITY OF PORTLAND
By
Mayor
Attest
Commissioner in Charge of
Bureau of Water Works
Approved as to form:
City Attorney
'1%11, LAW ❑FFICEH of
WHEELOCK,NIEHAUS,BAINE5 & MURPHY
SED FRANKLIN EUILDING' _
C-E_WHEEL.00K PORTLAND,ORE DON 37204
RUSSELL R_NIEHAUS
KENNETH W_EAIHED TELEPHONE 224-5930
EOWARO.I_MURPHY,OR_
WILLIAM C_DOILW
JOHN MCCOURT
February 19 , 1973
A
Mr. Robert E. Santee
Administrator $'
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Re: Agreement, Tigard Water District -
City of Portland
Dear Bob:
On February 16 , 1973 , I met with Robert C. Hyle, manager of the
Bureau of Water Works , and H. Kenneth Anderson, chief engineer of
ire the Bureau of Water Works , to discuss the amendments to the cap-
tioned Agreement requested by the Board of Commissioners of the
Tigard Water District.
1. Page 2, paragraph two. The City will approve turbine
meters of modern design, and they advised me that each meter will ;,
cost approximately one-third of the cost of a compounded meter.
This meter can be placed in a smaller vault than a compound meter;
therefore, there will be a substantial saving to the District.
4
2. Page 2, paragraphs four and six, will be deleted from
1
the Agreement. ..;
3. Page 3, paragraph two. There will be no standby fee
charged by the City until the District has made a physical con-
nection to the line. Mr. Hyle pointed out that the standby charge
for unused water service is described on pages 16 and 17 of the
enclosed Water Rates book and will be the sum of $5 per month,
providing no water is used. If there is any water used during
a month, the minimum charge will be $189 .15 , as described on page
7 of said book. The standby charge can only be computed on a
monthly basis because of City ordinance. Mr. Hyle also advised
me that the City is in the process of obtaining a cost-of-service
study, and it is possible that the standby rates will be increased y;
within the next year. `;,
4. Page 3, paragraph three. This paragraph is included in ,.
the Agreement to assist the City and the District in determining
Mr. Robert E. Santee
Page 2
February 19, 1973
if a meter is accurately registering the water. I advised Mr.
Hyle and Mr. Anderson that this paragraph would impose a burden
on the District because the District will have six sources of
water. The City has agreed that the District shall either comply
with this paragraph or, if it chooses not to, the District will
have the burden of proving that the meter to be installed is in- -
accurate.
5. Page 3 , paragraph four. The City will notify the Dis-
trict in writing if the District has breached the terms of this
Agreement and, if the District immediately commences to correct
the breach, there will be no right of the City to terminate. -,
The Board of Commissioners of the Tigard Water District requested
that I obtain a copy of Ordinance No. 130672 , Title 21, Water
Regulations of the Code of the City of Portland, Oregon. Enclosed
is a pamphlet entitled "Water Rules and Regulations for the Sup-
ply and Use of Water," published by the Bureau of Water Works
which, beginning on page 7, contains Title 21.
Mr. Hyle advised me that it will be necessary to sign this Agree-
,
ment in its present form and that all of the amendments set forth
in this letter will be incorporated by letter to the Agreement.
I am mailing a copy of this letter to Mr. Hyle and ask that, if it
contains any inaccuracies, he immediately advise me.
Ver truly yours ,
- -- f _ 12,ti h:
KInneth W. Baines t
KWB:to
Enclosure.3
cc: Mr. Robert C. Hyle
141110, if
•
4110,. LAIN' 0 FFI C E 9 OF -
WHEELDCK,NIEHAUS,BAINES & MURPHY
EEO FRANKLIN HUILOINO
C_E_WHEELOCK PORTLAND,ORE OON 97204
RUBBELL R_NIEHAUB :�
KENNETH W_HAINES TELEPHONE 224-5930 -
EOWARn J_MURPHY,dR_
WILLIAM C_ODILYY
dIOHN MC COURT
March 7, 1973
°':''
i
Mr. Bob Santee, Administrator
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223 i'
Re: Agreement between Tigard Water
District - City of Portland I
Sue
Dear Bob :
Enclosed is the addendum to be attached to the captioned
Agreement. I am mailing a copy of this to Mr. Hyle and
ask that, if it contains any inaccuracies or he desires
any changes, that he immediately advise me.
Very truly yours,
I i - 4,4 1....-t_.) . 4.-----*--t....,
ii
Knneth W. Baines
KWB:js
-.
Enclosure ..
cc: Mr. Robert C. Hyle
�rw 1
A
4
444
The attached Agreement between Tigard Water District and the
City of Portland is amended as follows :
1. Page 2 , paragraph 2 , The City approves turban meters of
modern design;
2. Page 2, paragraphs 4 and 6 are deleted;
3. Page 3, paragraph 2, Purchaser shall not be obligated to
pay any standby charge until purchaser has made the connection to
the City' s water system;
4
4. Page 3, paragraph 3, City will not require purchaser to
comply with this paragraph; however, if purchaser fails to do so,
purchaser shall have the burden of proving that the meter is not •
accurately measuring the water;
5. Page 3, paragraph 4, The City will notify the purchaser
in writing of any breach by purchaser of this Agreement; and if
the purchaser immediately commences to correct the breach, there 4
will be no right of the City to terminate.
Noir
Dated , 1973.
TIGARD WATER DISTRICT
BY
By
CITY OF PORTLAND
By
•
WINMAR COMPANY, INC.
A 6AFCCO COMPANY
SAFECOCOMPANIES
1901 AVENUE OF THE STARS, SUITE 560, CENTURY CITY LOS ANGELES, CALIFORNIA 90087 TEL. (213)B79-1261
COMPANIt�
March 6, 1973
• Mr. Tom Keeler
Metzger Water District
6501 S. W. Taylors Ferry Road
Portland, Oregon 97223
Re: Washington Square, Progress, Oregon: Project Water Supply
Dear Mr. Keeler:
While in Portland last Friday, it came to my attention that Carter, Bringle
& Associates , although having completed their plans and specifications for,
the 24" main extension on Oleson Road extending southerly to Bradley Corners,
have not gone out for bid proposals.
In March of 1972 Winmar advised the Board of Commissioners for Tigard, Metzger
— and Progress Water Districts that Winmar would contribute 25% of a project
estimated cost of $300,000. The intent at that time of Winmar's cash contri-
bution proposal for the 24" main extension was that plans would be completed
and bids opened and a contractor agreed upon in the early spring •of 1973.
This timing was originally understood by all parties concerned, including the
City of Portland, so that all construction work done by all parties would be
completed well ahead of the department stores ' "opening for business" on
August 1 , 1973.
Please be advised that the construction schedule for the department stores
and the shopping center are on schedule but as to the water main extension
program, this schedule is slipping badly.
In order to expedite this matter, Winmar strongly recommends that Carter,
Bringle & Associates be immediately authorized to go out for bid for the 24"
main extension by March 15, 1973. Further, bids be received and opened by
Carter, Bringle & Associates on March 30, a contractor be awarded the work
and the work to commence on April 10, 1973. This should allow 90 days for
completion of the line including the pressure regulator valve at Bradley
Corners , the Hall Boulevard 12" main, chlorination and pressure tested, which
should give us an additional three weeks to take care of the usual work delays
such as weather, strikes , etc. , prior to the August 1st department store
opening date.
Mr. Tom Keeler Page 2 of 2
March 6, l973
The City of Portland advises me that they will start construction on their
work responsibility at the time you authorize your engineers to go out to
bid .
If the above suggested dates cannot be agreed upon, Winmar has one alterna-
tive which has been agreed to with the City of Portland. This program would
involve Winmar as a single user applicant to the City of Portland and Winmar
would furnish and install a main properly sized down Oleson Road to satisfy
the project's water requirements .
For the benefit of all parties , I do not wish to proceed with my alternate
suggestion but if the suggested program along with the dates mentioned above
are not met, I have no choice but to set in motion Winmar's alternative
solution.
Now
Very truly yours,
WINMAR COMPANY, INC.
times F. Brewer
(,ice President
JFB/lwc
cc: Mr. Elden Carter
Carter, Bringle & Associates
Mr. Robert Santee so
Tigard Water District
Mr. Larry Sprecker
City of Beaverton
Mr. Robert Hyle
City of Portland
•