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09/11/1973 - Packet TIGARDWATER DISTRICT 8841 S. W. COMMERCIAL ST. TIGARD, OREGON 97223 PHONE (503) 639-1554 NOW September 11, 1973 AGENDA CALL TO ORDER 1. RESOLUTION TO APPROVE MINUTES OF LAST MEETING. 2. VISITORS 3. RESOLUTION TO PAY VOUCHERS 4. OTHER BUSINESS ADJOURNMENT ADMINISTRATOR'S REPORT 4orr 1. Resolution to amorove minutes of last meeting. 2. Visitors. Mr. George Marshall, Tualatin Development Company, intends to appear before the board again to request some relief and consideration for future connections and the district overhead costs. There are two distinct parts of the relief requested; namely: (1) rebate from future connections from residents along and south of Durham Road, and (2) reduction from the 187. total construction costs. During the course of construction Tualatin Development Company was advised that they would be required to sign an agreement to par- ticipate in the cost of a future 6" main along Durham Road since homes being constructed in the Summerfield development had property frontage on Durham Road. (rear of homes). In lieu thereof, Tualatin Development Company agreed to install 6" and 8" laterals as specified by me at appropriate intervals to Durham Road. This was approved by the board. For Tualatin Development Company to now request a rebate from future connections along Durham Road appears out of order and unjustified. Ken Baines agrees that such request is inappropriate and that there is Now no way to equitably assess property owners adjacent to streets other than where the mains were installed. Some background information is presented on the 187. of construction cost figure. In 1971 a study was made of the construction overhead costs which included administration, water loss, inspections, sampling, etc. It was determined that, in most cases, the district just made expenses, and occasionally lost money when additional inspectors had to be hired. A survey conducted in 1971 revealed the following charges by other water districts: Water District Percentage of Overhead Tigard 57. Metzger 7% Aloha- Huber 7% Wolf Creek 107. (now 157.) Capitol Highway 10% Garden Home and Tualatin 157% Lake Grove and River Grove 15% -1- ADMINISTRATOR'S REPORT (Continued), In view of the above, the board passed a resolution to increase the overhead percentage to 10%, effective July 1, 1971. These figures excluded Mr. Carter's consulting engineering fees which were an additional 8% of construction costs. When I became registered in July 1971 the Tigard Water District assumed receipt for the total 18% of construction costs, at which tine we accomplished all engineering work in addition to inspections. To fully realise the magnitude of these percentages, the past fiscal year the Tigard Water District earned or saved over $50,000 in engineering fees alone. This amount accounts for about 10% of the entire 1/2 million dollar budget of the district. Not only do these funds improve the financial position of the district, but also provides the board with flexibility and latitude in making adjustments where injustices may occur. Past history has shown that the board has not been consistent in charging for oversising mains, completing circulation loops, etc. Emphatically, this is not to indicate that the board has been unfair. On the contrary, the board has varied its decisions based upon the merits of each case. No hard and fast rule can be applied in ekl New • cases. Other factors must be considered such as complexity of con- struction, benefit to whole district by oversising or completing circulation loops, inspection and engineering time, etc. In the case of Tualatin Development Company it appears that 18% may be too high because of the oversising to a 12" main on Summerfield Drive and the completion of a circulation loop to Pacific Highway. A 12" main will not have to be installed along Durham Road as a result. Also, the 12" circulation loop provides an important route for water from Lake Oswego to fill #4 reservoir. It is estimated that cost of Phase I and II of Summerfield will • be about $100,000. Normally, $18,000 would be realised by the district. The overall additional improvements to the water system will exceed $3,000. Therefore, it is recommended that the percentage be reduced to 13% in lieu of 18%. 3. Resolution to pay vouchers. 4. Other business. -2• 9ti.• ADMINISTRATOR'S REPORT (Continued) S. Fire service to industrial en 72nd Avenue. You have been receiving correspondence on this subject during the month. Within a few days Metzger will have firm information whether the connection to the new 24" main at Bradley Corner will improve the flows on 72nd Avenue. If flows are adequate the problem is solved. If not, they will have to request our assistance if they intend to keep the customers satisfied. Metsger's Administrator indicates that a course of action will be -decided upon at the regular meeting on Monday, September 10th. A proposal will be submitted for your consideration at our regular meet- ing on Tuesday, September 11th. At the last meeting representatives from Metzger requested that Tigard's gate valve located at 72nd and Hunsiker be turned on for 60 days to allow time to arrive at a solution to the problem. They were first advised of the contemplated action in January 1972 and have not found time to resolve the problem. 22 days have past now since the meeting and still no apparent action. It is hoped that by not turning on this valve it will force them off dead center and take appropriate action at an early date. If Tigard is to serve this area there appears to be only two solutions or some combination thereof. Wager's solations Install master meter at 72nd and Bonita Road and a check valve at 72nd and Hunsiker. Installation of a master meter would cost about $8,000; in.addition Tigard should be guaranteed a monthly minimum, say $1,000 per month. (There would be very little water consumption on a fire line). Ward solution: Metzger withdraw from the area and authorise Tigard to serve area south of Tigard-Beaverton Highway, both domestic and fire protection. Tigard could serve the area immediately as out-of-district with the turning of a few gate valves at 72nd and Hunsiker. Other improvements would be made including a connection at 72nd and Bonita Road to the 16" main. In any event Metzger would continue to receive about $1,800 annually from the tax revenue no matter if the area were withdrawn and annexed to Tigard. Whether Tigard actually annexes the area immediately is not too relevant unless bond issues are planned by either district in the near future. Both districts recently passed bond issues. 4.r •3- • ADMINISTRATOR'S REPORT (Continued) This controversy has precipitated action by the Boundary Review Commission to immediately merge both districts. They have hesitated in the past because it was believed that the Metzger customers would object to the well water mixed with their Bull Run water. (In this regard the State Engineer states that a decision will be forthcoming in November on the status of the wells.). One might ask what Tigard would gain by a merger. The logical answer is "very little, if any- thing". Tigard is superior to Metzger in every category as a water • purveyor -- source, storage, and distribution. They cannot be of any assistance to Tigard. Conversely, Tigard could improve their system immensely, improve fire flows, and save them considerable funds. Tigard would gain with a consolidation by reducing the unit cost of water and thereby could conceivably reduce rates. The following • chart shows the profit margin with different sources of water. It should be noted that with a merger Bull Run water from Capitol Highway Water District would never be required again. (It is doubtful that it will ever be needed again with the present situation). Not as much • profit can be made from Bull Run water, but with volume sales (without an increase in maintenance costs) a substantial gain can be realized. (Notes Tigard's normal daily consumption is 1.2 million gallons per day (mgd) with a peak of about 4 mgd.) .48 I/ A .38 .35 - - Cost per .25 sail Au® 24 100 api 1 !wry cubic feet ;I3 ,; '� � Bull Run tL#, ti Y ti from ' ` Clackamas '. , Portland .03 (Lake Oswego ' „ . 0 1 2 3 4 5 6 7 8 9 Million gallons per day Cost Profit Maintenance Deficit -4- ADMINISTRATOR'S REPORT (Continued), 6. Direct connection to Bull Run system at Bradley Corner. This connection is essentially complete. The pressure reducing valve was installed at Tiedeman and Greenburg Road. All that remains to be accomplished is the telemetering controls at both the meter station and the cla-valve. Also, the 10" Rockwell meter has been received. This will be "dropped in" upon arrival. John Killer will be able to remotely control the system from his shop with an off•on switch and indicators of flow rate, totalizer, and discharge pressure. It will probably be 2 months before the system is fully operational. 7. Unmetered water Cubic Feet Cubic Feet Cubic Feet Cubic Feet Cubic Feet Month Pumped Purchased Total Sold Loss Loss d Year x 1000 x 1000 x 1000 x 1000 x 1000 x Aug 1973 4,830 *L.O.s 8,263 13,225 9,556 3,669 27.77, CHWDs 132 Cumulative Totals FY73-74s 22,342 18,714 3,628 ] Final Totals FY72-73s ILA *Approximately 2/3 of the water consumed during August was purchased from Lake Oswego. 8. Water from Capitol Hijhwav Water District. This valve was turned off permanently on September 4th. The contract expires on October 1, 1973. 9. Open board meeting. Enclosed is a memorandum from Fred Anderson which describes the new legislation on public meetings. •5• • ADMINISTRATOR'S REPORT (Continued), 10. Revised Oregon laws. Some changes occurred in the election laws at the 1973 legislature. Attached is a copy of a letter from George Birnie to the Tri•County Water District Association. The annual election will be held on the 1st Tuesday of May of each year in lieu of December. Each commissioner's term of office has been extended 6 months. New termination dates are shown below: Position Ours Term Expires #1 R. Verne Wheelwright 1 July 1976 #2 Don W. Thomas 1 July 1977 #3 Clarence F. Miceli 1 July 1974 #4 John M. Vied 1 July 1974 #5 Harold A. Myers 1 July 1975 (but term will actually expire on 1 July 1974 because cos• plating unexpired term) The new law also designates the county clerk as the election officer in all cases. 11. Bond Construction Fund status. Enclosed are documents indicating the status of Bond Construction #1 and #IA as of August 31, 1973. A summary is as follows: Bond Construction #1: Funds Remaining: $9,215 immaim Proposed Expenditures: 10" Rockwell meter (Bull Run) $3,215 Meter vault installed by Port. 5,000 Balance of 24" main install. 1,000 $9,215 amomme %we •6- ADMINISTRATOR'S REPORT (Continued) Bond Construction #1A: Funds Remaining: $147,937 Proposed Expenditures: 12" main, Walnut, 121st to 132nd $ 31,000 12" main, #2 to 132nd Q Bull Mt. 41,400 Pump station: #2 reservoir 37,000 Pump station: Hi Tor 29,000 Telemetry 9,537 $147,937 12. Neter installation charges on Bull Mountain system. The following appendix shows the present meter installation charges: APPENDIX 1 —Meter Installation Charges Installation on Bull Mountain System: All installations,except Bull Mountain system: Meter Size Meter Size 5/8"x 3/4" 1" 5/8"x 3/4" 1" Copper Service $ 65 $ 95 Copper Service $ 65 $ 95 Meter 85 130 Meter 85 130 Connection Fee 55 55 Connection Fee 200 200 $205 $280 $350 $425 All other meters: (Cost+$55) +25% All other meters: (Cost+$200)+25% A study is being conducted to determine the feasibility of charging the same for the Bull Mountain system as the rest of the system. There is really no reason as far as I know why those installations should cost more. The extra $200 per meter is placed in the bond sinking fund to pay off bonded indebtedness. An effective date of 1 July 1974 would be *ft. advisable if a change were approved. •7. ADMINISTRATOR'S REPORT (Continued) w., 13. Work accomplished durin�u ust 1973. a. TWD installed 700 feet of 8" C.I. + 1 fire hydrant along Bull Mountain Road, east of 161st Avenue, for Mr. McCartney. (Developer's). TWD also installed 150 feet of this main to complete a circulation loop to 161st Avenue. (General Fund; pipe extension). b. TWD installed 380 feet of 12" C.I. + 2 fire hydrants off Hunsiker Road for a new office building, Utility Equipment Company. (Developer's). c. TWD installed 500 feet of 8" G.I. + 1 fire hydrant at industrial site on Tigard Street for B.A. Gray. (Developer's). d. TWD installed 840 feet of 6" C.I. + 2 fire hydrants along 106th Avenue and Tiedeman Street for a development called "Clydesdale". (Developer's). e. TWD installed 300 feet of 8" C.I. + 1 fire hydrant along S.W. 150th Avenue near Hawksbluff development for R.A. Gray. (Developer's). f. TWD installed 12" Cla-valve in concrete vault at Tiedeman and Greenburg Road for Bull Run water. (Bond Construction #1). g. Private contractor installed Phase II of Summerfield with 4650 feet of 12" C.I., 270 feet of 8" C.I., and 264 feet of 6" C:I. + 5 fire hydrants. (Developer's). h. Private contractor constructed concrete retaining wall, driveway, and vault for fire hydrant at Hi Tor reservoir. (General Fund). i. TWD installed 27 meters. (3995 - 3969). 14. Work to be accomplished during next few months. September a. City of Portland install 10" Rockwell meter in concrete vault at Bradley Corner. (Bond Construction #1). b. TWD install 2 - 6" Claevalves on Bull Mountain Road and Roshak Road, near West Colony Park, to reduce pressures from 160 psi to 110 psi. (General Fund). 'yaw -8- ADMINISTRATOR'S REPORT (Continued) c. TWD install 1030 feet of 8" C.I. and 560 feet of 4" C.I. + 3 fire hydrants along 139th Avenue, south of Bull Mountain Road, for Mr. Ron Douglas. (Developer's). d. TWD install 575 feet of 12" D.I. + 1 fire hydrant on Beef Bend Road, near Prince Albert Court and 128th Avenue. (Developer's and General Fund). e. TWD install 350 feet of 6" C.I. on private easement between 103rd and Hoodview Drive to complete circulation loop on pressurized system. (General Fund). f. TWD install 3360 feet of 12" C.I. + 5 fire hydrants along Walnut Avenue, between 121st and 132nd Avenues. (Bond Construction #1A). g. Private contractor install cyclone fences around remainder of new Hi Tor reservoir and addition to #1 reservoir. October: a. TWD install 4600 feet of 12" D.I. pipe + 4 fire hydrants along S. W. Bull Mountain Road, between reservoir #2 and 132nd Avenue. (Bond Construction #IA). qaMor b. Private contractor commence construction on shop addition on Little Bull Mountain. (General Fund). Novembers a. TWD install 400 feet of 6" C.I. pipe + 1 fire hydrant along 100th Avenue, north of MacDonald Avenue. (Pipe replacement of 2" O.H.; General Fund). b. TWD install 700 feet of 8" C.I. + 1 fire hydrant along Sattler Road, between 98th and 100th Avenues, to parallel pressurised system with gravity system and place 22 homes on gravity flow. (General Fund). c. Private contractor install 100 hp pump station at #2 reservoir. (Bond Construction #1A). December: a. TWD maintain equipment, construct barricades, locate and exercise gate valves, etc. •9- c � t 374 r-, 6L E . EIRNIE. 14111110 August_ 23, r, r' in. l ni.dFii t 11J.'i' '.`Iisi1'ieL Assoc. _ 1 . I'0wc 11 ,,, _ i O:-coon 9722'6 RE: O EC07T LAWS 1973, C1td711 . 7 Water District Election Dear Leo Preceding my comprellen^1ve report concerning legislaUiI' the 19 e "sign of the Oregon Legislative A.ssemh'_ , 1 repoi t r .. co;'rc rni ng the 1973 .2r:endment made to the 1971 E'ectinn Law port cc spocial district elections because it becomes effective Se--tcr:bcr I, 1973 . You will recall that the 1971 statute (ORS Chapter 25'.9) was a ccmrrehensive treatmen'. of the election procedures for virtually all special districts, seeing to ( btain a Iarge measure of uniiarr:ir:.� i:": all type districts. The changes made by the 1973 Session are signifi- cant and 1 summarize them as fellows. 1. The Anneal Election. The date of the annual elt-ct fur comirs _oner_ has been changed by Section 5 of the 1973 Act from the first ^:onday of December to the first Tuesday of May of each year. The term of office of commissioner now holding office is extended from January 1st of the year his term would have expired had the new law not been coasted( to the following July 1st. No annual election will 1;c held in Fec:_,,:Ler of this year and the next election for commissioners will be held ?ids. 7, 1974. There "'s one exception to the annum. election dote: if c_ d :.c ,_ colds a cnecial,;electlon after January ? but prior to the first Theso ey in May of the same calendar year for the purpose of subm t:' _ r.g, fin voter approval a to:: levy in excess of the constitutional Ilmitotion, Li:. ,n the election for commissioner must also be held at the came Lite. 2 . Circecc ial Elections. Under the present law, a district con'd L1C; c. .1 e 1 crc t nn en any day it selected. Section 7n; ±.i.e r.et. 1 . , :e alloJaloo special election days to one of the foil a.n re The third `luesda" in February The fourth Tuesd.‘v in March The i i.rst 'ii sdcr, in ,lav `1 )( cond Tuerd.w in Julie Ike iourih Tuesday in September, or err' 'i1,( : 1r:,t '(' Icsdav after the first Dond.ty in ;';c,. t . aps Preside:It - 2 - = 23 /9 : 3 'to ' " Li elections on any other day are prohibited. 3. The .',1ect°or Officer. The 1971 law required a ,:l'__..- ..t to c'_ an c' :ction officer who could be the county cler': .,r an other '1-he new law designates the county cluck as the el -:tion t_-in .-.:icer aaJ th -'re can be no other. Thus, for all elections held after t- mber 1 , 1973, the election officer is the county ciqrk of each -rent 'the registrar of Elections for Multnomah County) . The county shell print and publish the election notices, shall post su _t shall select the polling places and shall select the .' ecti'..`n IIe shall p.. epare the ballots. All ret:?,tions for nomination ,c.-.a' ler for th' efaen of commissioner -rnd declaration of shall be filed with him. .Che form nominating petition and le-in--ion of nandi3.acy must be obtained fro7.1 the county cler 'e office :-: see completed Petition o:. fecla_a: 'on :dust be filed with bs office at late-r than the 63r1 day before the date of the election. The corn :y clerk requires that his office be given prior written notice of a special election not later than 35 days nri.or to : 'e c?-ac_ion date selected by the district. In a district election, the ballots cast shall be counted, tallied and returned by the election officials to the election officer. Within 10 days after receiving the returns from the election officials, clerk sl: 11 prepar.e an abstract of the votes and shall de- liner e-_i -er copies of sur -i abstracts to the Board of Commissioners of the water district. Within 5 days thereafter, the Board of Commissioners s_ ___1 canvass the votes and shall determine the election results and by noccalIt-ton proclaim such results. fhe lecretary of state has been conducting classes foe the r ruction of county clerks throughout the state in the requirements el the new law and the county clerics are now prepared to assume their _-.. :'uties under this law. Although the statute makes no reference to the obligation for !; ct c5ticill of costs incurrc'i hv the County rl('rLS, thein, :e ,, .-, 0 that :Sine the county ciurk is acting in benali LhC trictt, his costs for publication, election judges and polling will he the obligation of the district. Very truly yours, MEMORANDUM i`;' ; ►5 TO Planning Commission, City or Tigard Ny zY'a. FROM Fred. A. Anderson SUBJECT Chapter 172 , Oregon Laws o? 197'3 - Meetings open "' ti to the Public DATE August 8, 1973 I . MEETINGS: b � The above referenced legislation was effective June 27 , 1973, whereby the legislative policy of the State of Oregon is pronounced to the effect that all deliberations and decisions of governing bodies shall be arrived at opehly' and all information upon which such decisions were based shall be publicly considered. Briefly stated, the Act requires that all meetings of a body +" with authority to make decisions for, or to recommend actions to any governmental subdivision, or any municipality or public corporation, or any board or commission thereof, or advisory group or any other agency thereof, shall act to make its decision or deliberation toward its ° . ' decision when assembled in quorum at a meeting open to the public without limitation as to persons who .sly attend. The only exceptions to this general rule having pertinence here and authorizing executives sessions involve : a. To consider the employment of a public officer, employee , staff camber or individual agent other than to fill a vacancy in sn elective office ;. , . 3 b . To consider discipline or dismissal proceedings against an officer or employee, unless such person ,, .1 requests an open hearing; .. c. To conduct deliborations concerning the authority of persons desiclated to carry on labor negotiations ; d. To neektiate for purchase of real property; - e . To consider records that are exempt by law from public inspection; f. To conduct -labor negotiations if either side of the negotiators requests closed meetings . No executive session may be held for the purpose of taking any final action or making any final decision. Representatives of the news media shall be allowed to attend all meetings including executive sessions but conditions governing the disclosure of information agreeable to the body and the repre- sentative of the news media may be established prior to an executive session. W" z: 0 Taking of written minutes of all meetings is required, how- ever, neither a full transcript or recording of a meeting is required ;k provided a true reflection of the matter discussed and the views of the participants in the discussion are recorded. All minutes shall be available to the public within a reasonable time after the meeting and the minutes shall include: a. Roll call of members attending; b . Statement of motions,proposals, resolutions, orders , etc. , proposed and disposition thereo ; c . The results of all votes taken and the vote of each member by name if requested by a member; d. The circumstances of any discussion on any matter. Minutes of executive sessions may be limited to matters not inconsistent with the purposes of Section 6 of the Act . II . NOTICE OF MEETINGS : A. Public notice reasonably calculated to give actual notice to interested persons of the time end place of holding regular meet- " ings shall be given . B. If an executive session only will be held, the notice shall be given to members of the body involved and to the general public but in such case , the specific provision of the Act which authorizes the executive cession chill be stated in the notice. C. Special meetinC, may not be held without at least 24 hours ' notice to the a:3ebors of the body end general public , how- ever, in actual emergencies , a =acting may be held upon such notice as may be justified in the circumstances. III . REMEDIES : Any person affected by a decision of the body may commence a suit in the Circuit Court of the county in which the body ordinar- ily meets for the purpose of requiring a compliance with the Act or to obtain other relief, and the court may allow reasonable attorney ' s fees to a successful plaintiff in such suit . NO DECISION SHALL BE VOID3D BY THE COURT SOLELY BECAUSE OF A VIOLATION OF THIS ACT. The foregoing is a paraphrase outline of the Act , however, it is recommended that until such time as all involved persons have become familiar with the requirements , that any questions concerning procedure should be specifically determined by reference to the pro- visions of the Act. Fred. A. Anderson FAA/j • .