09/09/1975 - Packet TIGARD WATER DISTRICT 9541 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (503) 639-1554
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SEPTEMBER 9, 1975
AGENDA
CALL TO ORDER
1. RESOLUTION TO APPROVE MINUTES OF LAST MEETING
2. VISITORS
3. RESOLUTION TO PAY VOUCHERS
4. RESOLUTION TO REQUEST APPROVAL OF THE VOTERS IN MAY
"I'' 1976 TO ISSUE GENERAL OBLIGATION BONDS TOTALING
BETWEEN $1.2 and $1.6 MILLION TO CONSTRUCT BETWEEN
A 5 AND 10 MILLION GALLON TERMINAL RESERVOIR AND
APPROPRIATE TRANSMISSION MAINS
5. RESOLUTION TO APPROVE LOWEST ACCEPTABLE. BID FOR PURCHASE
OF 1976 3/4-TON PICKUP TRUCK
6. RESOLUTION TO AUTHORIZE AND EMPOWER CHAIRMAN AND
TREASURER TO BORROW FUNDS UP TO $50,000 ON A SHORT-
TERM BASIS FOR PURPOSES OF MEETING CURRENT EXPENSES
UNTIL TAX REVENUES ARE RECEIVED
7. OTHER BUSINESS
ADJOURNMENT
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ADMINISTRATOR'S REPORT
1 . Resolution to approve minutes of last meeting.
2. Visitors.
3. Resolution to pay vouchers.
4. Resolution to request approval of the voters in May 1976 to issue
General Obligation bonds totaling between $1.2 and $1.6 million
to construct between a 5 and 10 million gallon terminal reservoir
and appropriate transmission mains.
Last month it was explained why the district has only 2 million
gallons of effective reservoir capacity although 7.4 MG's are on hand.
Aft,
The ST&R study of 1971 indicated that 23 MG's of storage would be
necessary by year 2000. The update study of 1975 shows the new pro-
jections at 26 MG's by year 2000. Requirements are shown as follows:
Average Daily Demand 3 days Required Reservoir
Year (Million Gallons) x average demand = Capacity: MG
1974 2.01 3 6.03
1977 2.47 3 7.40 (Present
capacity)
1980 3.05 3 9.15
1985 4.12 3 12.36
1990 9.47 3 16.41
1995 6.89 3 20.67
2000 8.66 3 25.98
Ammo-
-1-
ADMINISTRATOR'S REPORT (Continued)
In accordance with the chart on the preceding page a 5 MG reservoir
would be adequate until 1985 while a 10 MG reservoir would be sufficient
until about 1991.
The initial concept on future reservoir storage when the land on
S. W. 125th Avenue was purchased was to build two 5 MG tanks, the first
to be constructed during 1976-77. A soils and foundation study prepared
by Northwest Testing Laboratories revealed the existence of rock and
suggested that one larger tank be constructed. It was believed that
dynamite blasting for the second tank could effect the foundation of the
existing first tank.
The width of the lot is 220 feet which limits the sizing of a cir-
cular tank.
The following chart shows the diameters and costs for various concrete
prestressed sub-surface reservoirs:
Capacity Diameter Total Cost Cost per Gallon
Asir
5 MG 156 feet g 653.010 13.10
6 MG 170 feet $ 750,000 12.50
7 MG 184 feet $ 844,000 12.10
8 MG 197 feet $ 939,000 11.70
10 MG 221 feet $1,033,000 10.10
Of considerable expense will be the 36" transmission main from the
new reservoir to Pacific Highway, a distance of 6,000 feet. It is estimated
that this will cost $75/ft, or a total of $450,000. Smaller sized laterals
to #1 and _2 reservoirs will add about $100,000.
In view of the above, it appears that a bond issue between $1.2 and
$1.6 million will be needed depending upon the size of the reservoir
constructed.
Finally, additional reservoir capacity will he required by 1977, and
only one tank can be constructed on the site selected. A decision on the
size of tank at this time would materially assist me in making preparations
for placement, design, and construction.
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ADMINISTRATOR'S REPORT (Continued)
5. Resolution to approvelowest acceptable bid for purchase of 1976
3/4-ton pickup truck.
The 1953 Ford pickup truck has finally given up the ghost. It
requires 2 quarts of oil a day and getting impossible to drive. An
automobile dealer has offered a total of $5 on a trade-in.
Bids have been requested from Knauss, Carr, and Friendly Chevrolet.
It was believed desirable to stay with a Chevrolet truck as all other
vehicles owned by the district are Chevrolets.
6. Resolution to authorize and empower chairman and treasurer to
borrow funds up to $50,000 on a short-term basis for purposes of meeting
current expenses until tax revenues are received.
At the end of this month the principal and interest on several bond
issues are due and sufficient funds are not in the bond sinking fund.
Short-term borrowing at 5% interest will solve the problem until tax
revenues are received.
7. Other Business.
These are important times for the Tigard Water District and several
events are occurring simultaneously of which you should be fully aware.
Time is not available for me to comment fully on these items and the roof
is literally falling in on me with the new construction going on. You
should read the attached correspondence thoroughly to be informed of
current events. I will report to you verbally on each matter at the
meeting.
wire
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Now-
ADMINISTRATOR'S REPORT(Continued)
8. Water pumped from wells, calendar year 1975.
Actually pumped
Month Actual *Actual Allocation/Month in prior years:
1975 Cubic Feet Acre-Feet Acre-feet Acre-feet
Jan 3,565,520 81.9 88 1970: 1,616
Feb 3,759,740 86.3 88 1971: 1,418
Mar 3,728,200 85.6 88 1972: 1,501
Apr 3,428,960 78.7 88 1973: 1,269
May 3,418,840 78.5 88 1974: 924
Jun 3,265,960 75.0 88
Jul 3,563,590 81.8 88
Aug 3,365,440 77.2 88
Total: 28,096,250 645.0 704
* 1 acre-foot = 43.560 cubic feet
9. Unmetered water.
Pumped *Purchased Total Sold Loss
Month & Cu. Ft. Cu. Ft. Cu. Ft. Cu. Ft. Cu. Ft. Loss
Year x 1000 x 1000 x 1000 x 1000 x 1000 %
Aug 1975 3,365 6,476 (L.0.) 10,939 9,897 1,042 10.5%
1,098 (Port.)
FY75-6 Cumulative Total: 22,165 20,837 1,328 6.0%
* 59.2% of water consumed during August 1975 was purchased from Lake
Oswego.
69.2% of water consumed during August 1975 was purchased from either
Lake Oswego or Portland.
Summary: Summary of Losses: FY 1972-3: 18.3%
FY 1973-4: 11 .1%
FY 1974-5: 16.2%
Percentage of Lake Oswego water
141,0 purchased in prior years: FY 1973-4: 52%
FY 1974-5: 60%
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ADMINISTRATOR'S REPORT (Continued)
in. Work accomplished during August 1975.
a. TWD installed 745 feet of 12" D.I., 1540 feet of 6" C.I.,
and 880 feet of 4" C.I., + 7 fire hydrants for 67 single family
dwellings plus multi-family units along S. W. Hazelwood Loop and
121st Avenue (Englewood, Phase 2) for Commonwealth, Inc. (Developer's).
b. TWD installed 8" fire sprinkler tap + 3" compound meter for
new King City Convalenscent Home located on Pacific Highway, south
of Durham Road. (Developer's).
c. Private contractor installed 435 feet of 6" C.I. + 1 fire
hydrant for Scott property, 7 duplexes, along S. W. Scott Court, near
98th Avenue, for Mr. George Scott. (Developer's).
d. TWD installed 22 meters. (4480 - 4459). District also
serves 113 meters in Metzger Water District. Total: 4593.
err
ll.. Work to be accomplished during remainder of fiscal year 1975-76.
September
a. TWD install 2020 feet of 6" C.I. + 5 fire hydrants along S. W.
Greenway Avenue and Fairview Lane, near 115th And Gaarde, for develop-
ment called " Terrace Trails" for 46 single family homes, for Mrs.
Lee Fritz and Mr. Began. (Developer's).
b. TWD install 550 feet of 12" D.I. + 1 fire hydrant along S. W.
North Dakota Street, Tiedeman to Fanno Creek, for Milwaukie-Crane Co.
(Developer's and pipe extension).
c. TWD install 800 feet of 12" D.I. + 1 fire hydrant along S. W.
Durham Road (on Sattler and Collier property) to complete circulation
loop. (Pipe extension and developer's).
d. TWD install 385 feet of 8" D.I. + 2 fire hydrants for Tualatin
Development Company along S. W. 114th Avenue and Summerfield Drive for
multi-family units in Summerfield called "Willow Brook" Apartments.
(Developer's).
e. TWD install 150 feet of 6" D.I. + 1 fire hydrant along S. W.
North Dakota, east of 115th Avenue. (Pipe extension).
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vww
ADMINISTRATOR'S REPORT (Continued)
October 1975
a. TWD install 1070 feet of 12" D.I. + 1 fire hydrant along S. W.
Pacific Highway (west side), School to Walnut Street, to replace 4" 0.D.
steel pipe. (Pipe replacement).
November 1975
a. TWD install. 1080 feet of 12" D.I. + 1 fire hydrant along S. W.
Pacific Highway, (west side), Park to Watkins, to replace 6" 0.D. steel
pipe. (Pipe replacement).
December 1975
a. TWD install 2000 feet of 12" D.I. + 4 fire hydrants along S. W.
Pacific Highway (east side), Garrett to Main Street, to replace 6" 0.D.
steel pipe. (Pipe replacement).
law
January 1976
a. TWD install 550 feet of 8" D.I. along S. W. Pacific Highway,
McKenzie to Johnson Street, to complete circulation loop. (Pipe
extension).
b. Maintain and service all equipment.
c. Clean reservoirs and locate gate valves.
February 1976
a. TWD install 1850 feet of 8" D.I., 640 feet of 6" D. I., +
4 fire hydrants along S. W. James and Marion Streets between 121st and
124th Avenues to replace 4" 0.D. steel pipe. (Pipe replacement).
-6-
ADMINISTRATOR'S REPORT (Continued)
March 1076
a. TWD install 1200 feet of 8" D.I. on S. W. 113th Avenue, south
of Durham Road, to complete circulation loop. (Developer's and pipe
extension).
April 1976
a. TWD install install fire hydrants as follows:
(1 ) Hill View and 103rd Avenue. (S. F. corner)
(2) James Street and Howard Drive. (S. W. corner)
(3) 119th and No. Dakota. (N. F. corner)(6" fire hydrant)
(4) 88th and Pinebrook. (N. F. corner)
May 1976
a. Install 4" fire hydrant as follows:
(1) Burlcrest, Burlheights and Summererest (cul de sac)
(2) 121st and Summer. (S. W. corner)
(3) 121st and Katherine. (S. E. corner)
(4) 116th and Lynn. (S. W. corner)
(5) Lynn, 118th and 119th (So. side between TL 135 and 116)
June 1976
a. Inventory in preparation for annual audit.
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LAW OFFICES OF
WHEELOCK,NIEHAUS,HAINES & MURPHY
620 FRANKLIN BUILDIND
0_E_WHEELOCK PORTLAND,OREGON 97204
Nivimit RUSSELL R.NIEHAUS
KENNETH W_HAINEB TELEPHONE 224-5930
EDWARD J_MURPHY,OR_
WILLIAM C_❑DILYY
September 3, 1975
Mr. Robert Santee, Administrator
Tigard Water District
8841 S. E. Commercial
Tigard, OR 97223
Re: Tigard Water District v. City Lake Oswego
Dear Bob:
I got a call from Jim Cox's office and we were trying to arrange
a meeting for Thursday, September 11, at 1:30 p.m. He men-
tioned that Donald Epley and Marlin DeHaas would be present.
I would suggest that you and perhaps Mr. Wheelwright attend
this meeting also.
The subject matter of this meeting will be an explanation from our
opposition concerning their increased costs. We will not be asked
for any information but will merely be supplied with information
by the City of Lake Oswego.
Please give me a call to let me know if you can attend this meeting,
which will be held in the City Hall in Lake Oswego.
Very truly yours,
Edward Murphy, Jr'. (/j /
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CITY OF LAKE OSWEGO
- CITY MANAGER'S OFFICE
September 3, ]975
Tigard Water District
8841 S.W. Commercial Street
Tigard, Oregon 97223
Gentlemen:
The City Council of Lake Oswego has authorized me to inform you that pursuant
to our present water sales contract, we are hereby informing you that we wish
to terminate our contract with you. We are aware, of course, that under the
provisions of the contract, our sales of water to you will not actually be
terminated until midnight October 17, 1976.
I feel you should know that the City Council is presently assessing the policy
of being a water purveyor to "outside users". Unfortunately, the decision will
probably not be reached prior to October 17, 1975, and because of the apparent
complexities of our situation it is felt that this step is necessary to preserve
any options deemed appropriate. The complexities, as you know, have arisen due
to the uncertainty of our ability to expand our present water facilities.
Without this expansion, we cannot guarantee sufficient water to serve you. I
feel, in light of the above thoughts, you should also know that it is the
City Council's intent to charge "outside users" a rate which correlates to
those rates charged users within our corporate limits.
Finally, I would like you to know that if during the interim period prior to
October 17, 1976, the City of Lake Oswego and the Tigard Water District wish
to renegotiate a water contract, this action would' not foreclose on that possible
renegotiation.
If you should desire any further information or should feel it proper to meet
and confer on our mutual water needs, please contact me at your convenience.
Very truly yours,
4---1,,- Li_..,N.-1 )7
DONALD B. EPPLEY /
City Manager
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348 NORTH STATE STREET / POST OFFICE BOX 369/ LAKE OSWEGO,OREGON 97034 / (501)bib-.1601
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August 13, 1975
Mr. Robert Santee, Administrator
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Dear Mr. Santee:
Please find enclosed herewith triplicate copies of
contract for the sale of a firm supply of surplus water as
authorized by Ordinance No. 140034.
Will you kindly have the proper persons sign all
three copies of the agreement and return them to the City
Auditor. After same have been executed by City officials,
one copy will be returned to you.
'4111ftle Yours very truly,
GEORGE YERKOVICH
Audit. o the City of 'ort nd
By: /
Chief Deputy Audito
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DEPARTMENT OF HUMAN RESOURCES
'8 5" _. HEALTH DIVISION •
:,,...:r—.,.,......,.—... 1400 S.W. 5th AVENUE • PORTLAND, OREGON • 97201 • Phone 229-5557
ROBERT W. STRAUB August 19 , 1975 -
GOVERNOR
CLEIGHTON PENWELL
Director Gilbert R. Meigs , P.E .
Stevens , Thompson y Runyan,
DEPARTMENT OF
HUMAN RESOURCES P .O. BOX 02201
Portland, Oregon 97202
BOA OLIVER Tigard Re : W - 1 igard Water District
Health Division
EDWARD PRESS,M.D. Dear Mr. Meigs :
Deputy Administrator&
State Public Health Officer
DIVISIONS The Study prepared by Mr. Carter H. Harrison , Jr. , P . E .
Children's Services for the Tigard Water District has been read with interest
Corrections and in general we concur with the recommendations . We
EmHealrhent would like to emphasize the following items :
Mental Health
SpecialProgre 1. Fall treatment of water taken from the Willa-
Vocational Rehabilitation
Welfare mette River will be necessary. The fact that
raw sewerage can in emergencies be discharged •
into the river, will need to be considered .
2 . We recommend that as many other water purveyors
as practical be invited to join with the Tigard
•
Water District to build and operate the proposed
facilities .
3. We remind you that the Portland Metropolitan
Area Bounlary Commission will need to approve
the propoal .
The report, with our "Concurrence" noted, is retained
for our files .
Ver truly, yours,
.
_____.-5-" t,,,-.7-_,.....61„----•.:,,,,/
D.
Pl? '''
ard, P.E .
Ash Sanitary Engineer
Public Health Engiieering cc: Regional Engineer
Washington County Health Derr
DJII: gd Washington County Planning
Commission
. Clackamas County Heaa I t}i [)el
- Clackamas County Planning
te„ Commission
LAigard Water District.
AN EQUAL OPPORTUNITY EMPLOYER
Emergency Telephone;Ana Lucie 503.129 5599
5.26 Rev.2.75 Melling Addresst P.O. Box 231,Portland,Otegon 97207
MININUMWt. „„
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LAW 0r•r•ICEe or
WHEELOCK,NIEHAUS,BAINES & MURPHY
620 FRANKLIN BUILDING
C-E-WHEELOCK PORTLAND,OREGON 97204
RUSSELL R-NIEHAUB
Slow KENNETH W-HAINEB TELEPHONE 2E4-S930
EDWARD,L MURPHY,JR-
WILLIAM C-OGILVY
August 29, 1975
Mr. Robert Hyle, Manager
Bureau of Water Works
City of Portland
H 1800 S. W. Sixth Avenue
Portland OR 97201
Re: City of Portland - Tigard Water District
Agreement for Purchase of Surplus Water
Dear Mr. Hyle:
; 1 ; This letter will confirm our recent telephone conversation wherein
I advised you that it is the desire of our client, Tigard Water
District, to utilize the Willamette River as a future source of
water for its patrons. It is hoped this can be accomplished either
by creating a county service district or by joint venture.
err j‘ The Board of Commissioners of the Tigard Water District believes
that it will know by June, 1976, whether or not either of the fore-
going can be accomplished.
Therefore, the District respectfully declines to execute the pro-
posed agreement for the purchase of surplus water at this time.
If neither of the proposals germinate as anticipated, I am sure
our client will be interested in considering such an agreement
. next summer.
Thank you.
Very tru/y* -yours,
Renn1,th W. Baines
KWB:lo
cc: Mr. Robert E. Santee
Administrator
Tigard Water District
POMP
P`004T OF rtif
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United States Department of the Interior
` "jib; /O BUREAU OF RECLAMATION
'1o.6 1.e
PACIFIC NORTHWEST REGION
)x REPLY FEDERAL BUILDING k U.S. COURTHOUSE
REFER To 360/400 BOX 013-ri50 W1'EST FORT STREET
832. IIUISl, 11)1110 113724
AM; " a
CERTIFIED - RETURN RECEIPT REQUESTED
Mr. Clarence F. Nicoli , Chairman
Tigard Water District
8841 Southwest Commercial Street
Tigard, Oregon 97223
Dear Mr. Nicoli :
Scoggins Dam and related facilities are substantially complete, and the
reservoir was filled in May 1975, which allowed water to be made available
on a rental basis for the 1975 "test period." The formal announcement
of water availability commencing with calendar year 1976 is provided by
this letter in accordance with Article 9 of Contract No. 14-06-100-7182.
Prior to April 1 , 1976, the United States will advise the district of
the estimated quantity of water which will be available and water will
be released to the district in accordance with schedules developed by
the district and the United States.
Our estimate of calendar year 1976 operation and maintenance (O&M) costs
of Scoggins Dam and related facilities constituting "reserved project
works" is $50,500.00. Of this amount, $12,625.00 is allocated to municipal
and industrial (M&I) water supply. Article 11 of the contract stipulates
that the district's share of the project 0&M costs shall be in the same
proportion that its contracted M&I project water supply (2,500 acre-feet)
bears to the total project M&I water supply to be provided under all
contracts (14,000 acre-feet) . Accordingly, we have determined the
estimated O&M costs payable by the district to the United States for
CY 1976 to be $2,255.00. One-half of this amount, or $1 ,127.50, will be
due on or before January 1 , 1976, and a like amount will be due on or
before June 30, 1976.
4OLUTION
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7>/6-19146',kw '
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Slaw If the funds advanced by the district for CY 1976 exceed the district's
share of the actual cost of 0&M, the surplus will be credited on the 0&M
charges for CY 1977. If the funds advanced prove to be inadequate at any
time during CY 1976, you will be advised by appropriate notice of the
requirements for additional payments.
Because of increases in project construction costs since July 1969, we
believe that the district's construction obligation will be finally
established at the maximum contract amount of $715,800.00, plus 20 percent
for cost increases, plus interest during construction. In view of this
and to minimize the need for subsequent adjustments in the construction
installments, any payments becoming due in accordance with Article 9(b)
of the contract until final costs have been announced shall be based
upon $715,800.00, plus $143,160.00 for cost increases, plus interest
during construction.
If the district does not desire to divert water prior to CY 1986, the
first construction installment will be due December 31 , 1986. However,
if the city elects in CY 1976 or any year prior to CY 1986 to divert a
portion of the 2,500 acre-feet of water under contract, the annual
construction installments shall be due on December 31 of the year in
which water is diverted and the amount shall be in the same ratio that
the quantity of water diverted bears to 2,500 acre-feet of water as
provided by Article 9(b) .
Sincerely yours,
!/ / '
Regional Director
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10
NEWSLETTER
AUGUST, 1975 TIGARD - TUALATIN - KING CITY - SHERWOOD - METZGER - WASHINGTON SQUARE
SEPTEMBER FORUM LUNCHEON
SEPTEMBER 16th, 1975 12:00 NOON RAMADA INN, Tualatin Exit & I-5
Tualatin, Oregon
SPEAKER FOR SEPTEMBER FORUM:
ROBERT SANTEE Administrator/Engineer of the TIGARD WATER DISTRICT.
Bob will be speaking about our very limited sources for water
supply, and our options for the future.
An adequate supply of water to meet the present and future
demands of the rapidly expanding population, business and
industry in the Wilsonville, Tualation and Tigard area is
essential to the continued, orderly growth of this region.
The possibility of using the Willamette River as a source of
supply if the Tigarc Water District, and the cities of Tualatin
and Wilsonville were to develop a water supply of their own will
be discussed.
Copies of the Water Supply Study done by Stevens, Thompson and
Runyan, Inc., Engineers/Planners are available at the Chamber
`'4rr office on request.
Bob attended the University of Oregon, but transferred and graduated from
the University of Southern California.
He retired from the Marine Corp as a Lt. Colonel in 1968. While in the
Marine Corps, he served in World War II, Korea and Viet Nom.
He is a registered proffessional Engineer with the State of Oregon and
has served the last 6 years with the Tigard Water District as Administrator/
Engineer.
He and Mrs. Santee have four children and at present live in Summerfield.
NEW BUSINESS IN OUR METRO AREA
NELSON PRINTING, Bill Nelson, Owner Mgr. 150 Railroad Ave., Sherwood
Phone: 625-6112
INFORMATION NOTE KIDS FOR HIRE Program of the WASHINGTON
COUNTY JUVENILE DEPARTMENT AND THE NATIONAL ALLIANCE OF BUSINESSMEN.
Kids For H:.re is presently conducting a campaign in the area to
promote greater public awareness not only of the program itself, but
of the fact that it operates on a year-round basis.
It is a non-profit employment referral service for Washington County
youth, ages 14-17, who are willing and anxious to work at all kinds of
jobs after school, weekends, and during vacations.
Perhaps you need a yard worker, babysitter, housecleaner or weekend
+rr.+ handyman. If you have a job that needs doing in your home or business,
KIDS FOR HIRE could be the answer.
CALL KIDS FOR HIRE 644-KIDS
- ra
UNITED STATES PIPE AND FOUNDRY COMPANY
OLU BELMONT SQUARE
71 . 4520 S.E. BELMONT STREET
PORTLAND, OREGON 97215
(503) 238.1936
August 20, 1975
hear Administrator:
As you may know, the 1975 Oregon legislature made e xtensive change':
in statutes relating to bidding, purchasing, and letting of cont t act;:
by public bodies .
Many of the changes are difficult to understand and could be the
cause of considerable confusion over the next. biennium.
In an effort fort to minimize problems and correct misunderstandings of
Lhe laws , the Oregon Public Purchasing As;soci at i.ou has asked the
Attorney General of Oregon, Mr. Lee Johnson, to discuss aid e;-plaid
file laws at the annual joint meet lug of the Willamette and South-
western chapters of that group. Mr. Johnson has agreed, and the
meeting is set for September 19, 1975, at the Country Squire Inn,
near Eugene.
•
U. S. Pipe is pleased to be able to send you the enclosed announce-
Italy ment as a service to the waterworks industry. We obviously believe
that attendance would be time well spent on behalf of your district.
As indicated on the announcement, please return your attendance
reservation to John Norton at Portland Community College and make
overnight arrangements di.,-ectly with the motel , specifying 0. P. P. A .
to obtain special room raises.
Sincerely yours,
UNITED STATES PIPE & FOUNDRY COMPANY
F. K. Miller •
•
Sales Representative
1•'RM/me j
Enclosure
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�Aw orrice
GFORGE E. BjRNIE
AMERICAN BANK BUILDING V
pORTLAND,OREGON 97205
July 1, . 1975
Stow
Mr. Gene Siebel , President
Tri-County Water District Association
12845 N. W. Cornell Road
Portlan,l, Oregon 97229
Re: Report - 1975 Oregon legislative Session
Dear Ceiie:
The following is a summary of the measures concerning water districts
introduced in the l97', Session of the Oregon Legislative Assembly. Except As
noted, All metsures which passed wi 1 I become law 90 days after the end of the
Legislative Session. It adjourned sine die June 14, 1975 and, hence, the
effective date of the new laws will be September 13, 1975. Any measure carrying
some other effective date will be mentioned.
NEW IAW
r---_ SB 612 - State Health Division. A great concern to water districts,
cities and other suppliers of water has been the increased power and authority
granted to the Health Division by the 1973 Legislative Session. This power and
nuthlti ity has been substantially reduced by SB 612, a 9outprchensive section-by-
section ameedment of OILS 40.20'i el This measure greatly reduces the
authority of the State Health Division over cities and water districts, and
because of its iwporLi ce, a copy is sent to you with this letter. I suggest
that a copy be made available to each of the water districts. This measure
carries the emergency clause and will thus become effective on the day that it
is signed by the Covet'nor.
IHR 2021 - Special District Elections. SeVeral measures were intro-
duced to change the law pertaining to special district 'elections, but only this
one passed. It is a comprehensive tueasure, which I summarize as follows:
1
Election for CrmiiSotoner, Notice to Candidate - The new law provides
that not less than 20 days before the last day for the filing of a petition for
nomination or declaration of candidacy, the Board of Commissioners must deliver
to the County Clerk a "notice stating the date of the election, the Board
positions to be voted on, and the lost day on which the candidate may file his
pet i t iorr or declaration. The County Clerk must then publish the notice lu the
e aed i ilal e ie the eewsp.rpeu cls'::i eo.rt ed by the district ",
Election nth' ; - Historically, wlter districts and most special dis-
tricts have held annual elections for the election of a commissioner. The
elections for conmri :,::ioner under the new law arc to be held once every two
yea{-:; - en the third Tuesday iii Aj:ril of each odd numbered year. lit( terms of
i
office sirat t commence the following July lsl. The terip:; of all presently elected
•
Mr .. ccne Hebei , President
Tit-County Water dist) icl Association
4.40•0July 1, 19/5
Page Two
commissioners expire July 1 , 1977, including those whose terms would have
expired before and after that date. Hence, there will be no election until
1977, at which time five commissioners will be elected. At the organization
meeting, three commissioners will be selected fur the four year term ending
July I , 1981 , and two commissioners for the two year term ending July 1 , 1979.
This selection shall be done by the drawing of lots.
Special J]ectinn !):'Les - Special election dates 1:^ve been changed
the second Tuesday in January, March, the third Tuesday in April, the fourth
Tuesday in May, the last Tuesday in June and the seconi Tuesday in August.
Additional dates of the second Tuesday in September ant the first Tuesday after
the first Monday of November remain the same.
District May Conduct its Own Election - Sectlton 17 of the new law
provides that_ the County Clerk may delegate to the district , at the district 's
request , the complete authority to conduct elections, except the authority to
select polling places, if the Clerk determines that thq districts will comply
with the law, not use other polling places, and if no inconvenience to the
voters will result.
The requirement that the election of commissioners be held on the same
day as a special election for the approval of a tax levy has been repealed by
this new low. It also contains minor changes in the prlocedure for bond elections.
DDB 2339 - Public Contracts. This measure was mislabeled has having
been sponsored by the Attorney General 's office. It originated with the
Associated General Contractors, which urged the formation of a "committee" com-
posed of State, county and city officials and the representatives of the con-
struction anions and the contractors, to "update the low of public contracting".
It weathered a stormy session, culminating in its final passage on June 10th.
The act applies only to a' fublic agency which is defined as "an agency
of the State of Oregon or political c ubdivision thereof", and would seem by this
definition to exclude special service districts, which Flo not fall into either
category.
Section 7 of the new law provides that a public agency may perform its
own work with its equipment ".md personnel , but if the estimated cost of Lha work
exceeds ';')(),000, it must pi epare detailed putts and spel:i f ic•rttion5.
•
'flit hill het rim' , el feel Ive .Ianuary I , I'l%(r. It amu'udt; exIt,t Ilig !,IW ,r:r
to pte--goal i I leaf ion or bidders, hid procedures, award of contract ;: and bonding.
It create,; a "Contract Review hoard" composed of 9 pers4)ns, which is empowered I '
exempt certain contracts from some of the requirements this new law.
It i' 2226 - Bond Sale Procedures. This measure changes •t number of the
Mr. Gene Siebel , President
Tri-County Water District Association
ww,,, July 1, 1975
Page Three
requirements for the issuance and sale of Bancroft bondls and general obligation
bonds issued by cities, districts and others. The changes require the issuer to
prepare and make available to bidder:; a prospectus containing specified finan-
cial information. This has usually been done because it assists the district in
obtai►sing the best possible bid from the bidders. The issuer may now request
the Oregon Municipal Debt Advisory C mntission to publish and distribute the
prospectus, but the district must the information to the Conmtission and
must pay the Commission for its services. Changes were also made in the t .,quit. -
ments of the contents in the notice to be published for the sale of bonds. The
effective date of the act is January 1, 1976, but a provision permitting a net
effective interest rite to be increased from the present 8% to 10% per annum
goes into effect: when the bill is signed by the Governor.
MEASURES WHICH FAILED TO PASS
A number of measures failed to pass.
Internal Operations •
1161,
SB 177, which would have required a public employer to pay prevailing
wage rates died in Ways and Means. SB 424, for fluoridation died in State and
Federal Affairs Committee. SB 751, introduced by Senator Whipple of Washington
County, which would have 'empowered the Public Utility Commissioner to regulate
and supervise a service connection charge made by a public body, the amount of
which charge could not: exceed the cost of the construction, failed on the flour
of the Senate by a vote of 12 to 17. SB 872, introduced by Senator Crooner,
would have amended the special district election law, giving to special dis-
• tricts the option of conducting their own elections, atld would have repealed
the provisions fur special district election dates. The measure died in the
Senate Committee on Local Government.
BBB 3019, introduced at the request of the State Treasurer, called fur
the issuance of a prospectus for the sale of bond issues over $1,000,000 in face
value. The bill was tabled by the Clouse Committee on Local Government because
of the comprehensive bond bill which has been discussed in this letter. SB 551
was an attempt by the Highway Commission to avoid paying the costs of facilities
relocation to water districts and to sanitary- districts. This measure would
have undone the legislation which we passed several sessions ago, and the Com-
mittee adopted out amendment to the hill which would have maintained the present
law regarding facilities relocation etu;t's and the bill passed in a form which
has no effect upon us.
Sit 937, would have granted metropolitan service districts a number of
powers, including the anthor1ty• t:o sell water at retail . This power was deleted
by the Couunitt•ee, but the bill passed in an amended form, granting only the
`l✓ •
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V
Mr. Gene Siebel, President
Tri-County Water District Association
July 1, 1975 •
"Wr Page Four '
power to levy a tax not to exceed z of 17. of true cash value when authorized
by the voters. HB 2522, introduced at the request of the Commissioner of Labor,
would have required that workmen on public works be paid union scale. The.bill
was amended to delete this provision, but later died in' committee. IIB 2867,
introduced at. tl►e request of the Department of Commerce, would have required
utility service workers, including those working on water line construction and
service connections, to be registered or certified. The bill passed the House,
but died in the Senate Committee on Labor.
• Boundary Commission •
SB 633 sought to limit the authority of the Bound: ry Commission by
providing that a Boundary Commission order for merger, cons l.idation or disso-
lution of a special district would not he final in 45 days, but would give a
right of remonstrance to the voters. The bill died in Committee.
Health Division
"'yr5
Senator Richard Croener 'introduced SB 778, which would have required
water district operators to be certified by the Health: Division. The bill also
would have established a water supply system advisory ,hoard, appointed by the
Health Division. Water district operators would+be 'required to take an exami-
nation as a condition to receiving a' certificate, The bill had a number of
other provisions granting powers to the Health Division, %including the power
• to assess fines up to $500 per day and to make rules and regulations. The
bill was referred to the Committee on Agriculture, where,it was tabled.
• The Health Division now ha the power to adopt, rules and regulations
to carry out kts present authority, Ind SB 958 would have limited such rule
making power so as to be consistent with the Federal Safe Water' Drinking Act
of 1974. This bill was also referred to the-Senate Committee on Agiicui:ure,
where it was tabled.
Present law requires special districts, and all others, to submit
plans, specifications and data to the Health Division as a condition to approvel ,
with no time limit given for such action. Illi 2525 would have requi) ed the Health
Division to approve or 'disapprove such application within 60 days from the re-
ceipt of the plans. This bill 'was tabled by the House Committee on Local Govern-
ment because of the favorable approval given to SB 612 above referred to.
Elections
•
1111 23b2 would have allowed school districts to select either the County
Clerk or one of i.ts employees as the election officer, with authority to conduct
elections. We endeavored to have this bill amended so as to include water dis-
tricr.cs, but the house Conugi t tee 'on Elections tabled the bi 1 1 early in the Scsi,i ov,
•
. R .
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f
MI . (;rill• i 1'Iie I Ii (•!;Hell(
'1'ii-Counly Water District Association
Niro July 1 , 19/5
Page Five
•
Although there was considerable opposition to the existing election law, the
Committee, for the most part, held firm on maintaining its provisions.
Annexation to Cities
SB 2050 was considered to be the single most important bill to
affect the future of water districts. It would have authorized a city to
annex ( etrinor) by the mere passage of a city ordinance, if the territory
met certain specified criteria which, for the most part, now prevail in
virtually all communities surrounding the City of Portland. After the adoption
of the annexation ordinance, the action could have been referred to the voters
upon the filing of a petition signed by 10% of the voters of the area annexed,
but at: the election the city and the territory were considered one electoral
district with the majority vote prevailing. Several successive amendments to
water down this stringent proposal were offered by proponents of the bill when
it was clear that they could not muster enough Committee votes to pass the
bill out. The bill never could receive the required support. Strong opposition
to the bill in any form was voiced by Committee members Tom Marsh of Washington
;. .� County, Cleo Whallon of Clackamas County, Curt Wolfer of Marion County and Bill
Rogers of Lane County. The bill was tabled early in the Session, and' no further
fir, attempt was made to revive it.
' Later in the Session, HB 2981 was introduced by Representative Otto,
and would have prevented a city from extending,its services outside its boundaries.
If this bill had become law, the City of Portland would have been unable to furnisi
water to other than its inhabitants. Representative Otto introduced this bill tdliei
•
it appeared to him that 1113 2050 could not be passed, and he planned to have the
withholding of city services force annexations. . This measure, like 11B 2050, was
tabled by the House Committee on Local Government, of which Glen Otto was chairmAn.
•
Very truly yours, '
4110 •
CEB:tva •
Enclosure
y '
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (503) 639-1554
August 18 , 1975
The Mayor and City Council The Mayor and City Council
City of Wilsonville City of Sherwood
Post Office Box 188 Post Office Box 167
Wilsonville, Oregon 97070 Sherwood, Oregon 97140
The Mayor and City Council Board of Commissioners
City of Tualatin Wolf Creek Highway Water District
Post Office Box 426 12845 N. W. Cornell Road
Tualatin, Oregon 97062 Portland, Oregon 97229
The Mayor and City Council Board of Commissioners
City of Beaverton Metzger Water District
1950 S. W. Hall Boulevard 6501 S. W. Taylors Ferry Road
Beaverton, Oregon 97005 Portland, Oregon 97223
Board of Commissioners
Raleigh Water District
5010 S. W. Scholls Ferry Road
Portland, Oregon 97225
Re: Development of the Willamette River
at Wilsonville as a Source of Water
Ladies and Gentlemen:
Two of the Northwest's leading consulting engineering firms have
concluded that the best source of water for future use by Eastern
Washington County is the Willamette River at Wilsonville. Bull
Run water purchased from the City of Portland appears to be the
only alternative. The Board of Commissioners of the Tigard Water
District has taken action by resolution to support the concept
of an independent source of water where quantity and quality
can be guaranteed and the costs thereof controllable.
Sufficient engineering studies have been completed recently to
assist water purveyors in Eastern Washington County to make an
intelligent decision on the best possible course of action on fu-
ture water supply for their constituents. The following studies
are presently available:
1. Portland Bureau of Water Works (ST&R) 1974
Financial Plan (Wilsey & Ham) 1975
2. Tualatin Basin Water Master Plan (ST&R) 1973
Financial Plan (Bartle - Wells) 1974
Page 2
August 18, 1975
3. City of Lake Oswego (CH2M) 1974
4. Tigard Water District (ST&R) 1975
Based upon the studies noted above, the formation of a county
service district to sell wholesale water appears overwhelmingly
favorable to this district from a cost analysis basis. Accord-
ingly, the Tigard Water District, by resolution adopted on August
12, 1975, supports the formation of such a service district. It
is believed that many other water purveyors in Eastern Washington
County will also have to support a county service district before
the Board of County Commissioners will be interested in such a
project.
Concurrently, while awaiting a decision by Washington County,
plans and commitments can be made toward development of the
Willamette River source by any combination of interested retail
water purveyors in Eastern Washington County. If the county
service district is not formed, Tigard Water District intends
to either singly or jointly develop this source of water. You
are invited to participate in such a joint venture. Inclusion
of as many entities as possible is encouraged and would appear
to be in the public's best interest, with lower unit water costs
as the ultimate objective.
The ST&R study reveals that about $9 million would be required,
as a minimum, for the necessary capital improvements to supply
Wilsonville, Tualatin, and Tigard Water District with Willamette
River water. If others desire to participate, the total cost
will be higher because the size of the facilities must be in-
creased to accommodate the additional load. The Tualatin Basin
Water Master Plan describes such an enlarged facility and the
costs therefor.
It is the present intention of the Tigard Water District to re-
quest voter approval of a general obligation bond issue in May,
1976 , to finance Tigard's share of the final construction plan.
If approved and construction proceeds as anticipated, water from
the Willamette River will be available in early 1979.
A written response of your interest would be appreciated by Octo-
ber 1, 1975.
Very truly yours,
TIGARD WATER DISTRICT
qI
j
4iie r-r e4r
Don W. Thomas
`"""" DWT:lo Chairman, Board of Commissioners
cc: Board of County Commissioners,
Washington County
S
TIGARD WATER DISTRICT .es41 s. W. COMMERCIAL ST.
TIGARD, OREGON 97223
r PHONE (503) 639-1554
August 15, 1975
Board of County Commissioners
Washington County
Administration Building
150 N. First Avenue
Hillsboro, Oregon 97123
(Attentions Daniel 0. Potter)
Dear Dant
Please be advised that by resolution on August 12, 1075, the
Board of Commissioners, Tigard Water District, officially supported
the formation of a wholesale water county service district utilizing
the Willamette River as a source of water. The commissioners expressed
11ift" the hope that Washington County would commence immediately and pursue
implementation of the ST&R plan as rapidly as possible.
•Concurrently, while awaiting the decision of the Board of County
Commissioners, this water district vill make plans and tentative com-
mitments toward development of the Willamette River source with other
interested retail water purveyors in eastern Washington County. How-
ever, implementation will not be effected until Washington County has
had a reasonable amount otime to make a decision.
It is hoped that other water purveyors in eastern Washington
County will make a commitment to support a county service district at
an early date.
Very truly yours,
TIGARD WATER DISTRICT
7 ---4.......
Robert E. Santee
Administrator