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10/23/1973 - Packet J TIGARD WATER DISTRICT 8841 B. W. COMMERCIAL BT. TIGARD, OREGON 97223 PHONE (503) 639-1554 `41110►' October 23, 1973 AGENDA CALL TO ORDER. 1. RESOLUTION TO APPROVE MINUTES OF LAST MEETING 2. VISITORS 3. RESOLUTION TO WAIVE OUT-OF-DISTRICT USER FEES FOR OWNERS OF RESIDENTIAL HOMES WHO ARE PAYING ADVALOREM TAXES TO OTHER WATER DISTRICTS 4. RESOLUTION TO PAY VOUCHERS w..• 5. RESOLUTION TO INCREASE MONTHLY SALARIES OF FEMALE OFFICE PERSONNEL, EFFECTIVE JULY 1, 1973 6. OTHER BUSINESS ADJOURNMENT ADMINISTRATOR'S REPORT 1. Resolution to approve minutes of last meeting. 2. Visitors. a. Possibly some visitors from the Rolling Hills Subdivision located near S.W. 72nd Avenue in the Metzger Water District will appear before the board. Ken Baines drafted a different letter than proposed so as to avoid any further controversy. The letter was sent to Metzger Water District in lieu of each customer in that area. A copy of the response was sent to each commissioner earlier and a copy is also attached hereto. b. Mr. George Marshall: Tualatin Development Company. Final construction figures are now available for Phases I and II, Summerfield. Construction costs total $84,273. leer Prior to computing the 18% for Tigard Water District, a portion of the total amount should be charged to the district for the 500 feet of 12" main installed along Durham Road at Pacific Highway which com- pleted an important circulation loop. Upon designing this portion of the system it became evident that the circulation loop to Pacific Highway had to be installed if the district were to adequately maintain the system. Without this connection there would have been over 11 miles of 12" pipe to a "dead-end", an untenable situation for a maintenance crew. This 500 feet along Durham Road is classified as corner property and the Oregon State Supreme Court has ruled that a property owner need pay the installation or rebate charges across only one side of his property. ("Realty Development Corp vs Mt. Scott Water District" dated December 22, 1965). Cost to install this 500 feet was $4810. 18% applied to the remainder $79,463 ($84,273 - 4,810) - $14,303. Therefore, the total owed Tigard Water District would be #9 . 014,303 - 4,810). It has been resolved that Tualatin Development Company shall not receive any rebate from property owners along Durham Road, nor for installing laterals to Durham Road. Nor should they be reimbursed for any pipe line installed less than 12". Nur -1- ADMINISTRATOR'S REPORT (Continued) 5257 feet of 12" pipe was installed. Actually, a 12" main was not necessary to serve the Summerfield development alone. Installation of the 12" main materially improved the distribution system of the district, particularly in filling #4 reservoir. Further, it is now unnecessary to install a 12" main along Durham Road. The Board may consider assuming the difference in cost for oversizing this main. The difference in cost between an 8" or 10" versus a 12" is shown as follows: 8" _ $12,091 10" _ $ 5,782 Since Tualatin Development Company owes the district $9,493 (see above) I recommend that the Board consider assuming the difference in cost in 10" versus 12" only. If this were approved, Tualatin Development Company would still owe the district =Ile ($9,493 - 5,782). 3. Resolution to waive out-of-district user fees for owners of residential homes who are paying advalorem taxes to other water districts. 4. Resolution to pay vouchers. 5. Resolution to increase monthly salaries of female office personnel, effective July 1. 1973. 6. Other business. Attached is correspondence between the district and Lake Oswego authorizing the district to serve the Metzger customers along S.W. 72nd Avenue. Nkvw -2- r TIGARD WATER DISTRICT 8841 B. W. COMMERCIAL BT. TIGARD, OREGON 97223 PHONE (503) 639-1554 October 10, 1973 Board of Commissioners Metzger Water District 6501 S . W. Taylors Ferry Road Portland, Oregon 97223 Gentlemen: This letter is written in response to your letter dated October 3, 1973 . Our administrator advised me that the District's system will be connected to a 16-inch main on Bonita Road at 72nd Avenue within one month. This connection will cause the residents of the Rol- ling Hills Subdivision to be served with Clackamas River water which, as you know, we purchase from the City of Lake Oswego. We believe this will solve the problem mentioned in your letter, l,. and we request your indulgence. Thank you. Very truly yours, TIGARD WATER DISTRICT :../ 71,./..C.-6.e-- ( ' C. F. Nicoli, Chairman Board of Commissioners CFN: lo • cc: Metzger Water District Commissioners Blum, Norton, Anderson, Finch, and Scott Mr. George V. Maleta, Chairman, Rolling Hills Residents ' Comm. Mr. George Birnie ,1r. Don Carlson, Portland Metro Area Boundary Comm. LAW OFFICES OF WHEELOCK,NIEHAUS,BAINES & MURPHY 620 FRANKLIN BUILDING C_E.WHEELOCK PORTLAND,ORE DON 87204 RUBBELL R_NI£HAUB KENNETH W_HAINEB TELEPHONE 224-5930 EDWARD,J MURPHY,JR_ WILLIAM C.CGILYY JOHN MC COURT September 13, 1973 Mr. James A. Cox • Attorney at Law 415 North State Street Lake Oswego, Oregon 97034 Re: City of Lake Oswego - Tigard Water District Agreement �I Dear Jim: This letter will confirm our telephone conversation on September i � II 12, 1973, wherein I requested on behalf of our client, the Tigard � J} Water District, the permission of your client, the City of Lake Oswego, to sell water to a portion of the Metzger Water District described as follows: %ay =7) An area bounded by the Beaverton-Tigard Highway on the north, Interstate-5 Highway on the east, Upper Boonea Ferry Road on the south, and the Southern Pacific and Tigard Water District boundary on the west. There are presently 64 customers within the above-described prop- \\ /7 rop- \ /f/7 erty, and the Metzger Water District has requ�3sted the Tigard Water District to supply water to this property because it is 1�\, unable to provide adequate water through its own system. The captioned Agreement, dated October 17, 1972, provided in parts "It is agreed between District and City that sur- plus water furnished under this Agreement shall be for the sole benefit of District users and shall not be re- sold to users outside of said District without the ex- press written consent of City." The above-described area is located on the Tigard Water District side of the master meter, and all water consumed will be recorded by the Tigard Water District and paid by the District. • 4br w "' Mr. James A. Cox Page 2 September 13, 1973 Your written approval of this request will be appreciated by both the Tigard and Metzger Water Districts. Thank you. Very r.ly yours, Ken eth W- Haines RICH i to ccs Mr. Robert B. Santee Administrator 11 Tigard Water District , • JAMES A. COX ATTORNEY AT LAW _ 416 NORTH STATE STREET AREA CODE 503 LAKE OSWEGO. OREGON 97034 TELEPHONE 635-3546 September 17 , 1973 Mr. Kenneth W. Baines Attorney at Law 620 Franklin Building Portland, Oregon 97204 Re: City of Lake Oswego - Tigard Water District Agreement Dear Ken: Confirming our telephone conversation and your letter of September 13, 1973, the City of Lake Oswego consents to the sale of water by Tigard Water District to Metzger Water District under the conditions outlined in your letter . We reserve the right in the future to withdraw this consent in the event the State Engineer should raise objection to this use of Lake Oswego 's appropriated water. It should also be understood that the contractual clause is not hereby waived as to other sales to outside users . Very truly yours, JAC/agh J S A. COX cc: Mr. Norman Croy