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09/24/1974 - Packet TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST. TIGARD, OREGON 97223 PHONE (503) 639-1554 September 24, 1974 AGENDA (Special Meeting) CALL TO ORDER 1. RESOLUTION TO " : IVE MINUTES OF LAST MEETING 2. VISITORS 3. RESOLUTION TO ADOPT ALTERNATIVE #3A IN LIEU OF #3B FOR COST OF WATER MAIN EXTENSION ALONG S. W. 113TH AVENUE (PHILDIUS) err 4. RESOLUTION TO BASE Iti.J10,66 BERATES ALONG S. W. 108TH AVENUE ON ACREAGE IN LIEU OF PROPERTY FRONT FOOTAGE 5. RESOLUTION TO AUTHORIZE THE CHAIRMAN AND TREASURER TO BORROW MONEY ON A SHORT TERM BASIS NOT TO EXCEED $100,000 6. RESOLUTION TO avxiul,Y AND PAY A FAIR SHARE OF A PROPOSAL BY THE AAAulJAIVE BOARD OF THE TRI-COUNTY WATER DISTRICTS ASSOCIATION TO HAVE A STUDY MADE ON A SET OF UNIFORM RULES AND REGULATIONS 7. OTHER BUSINESS ADJOURNMENT r.r..r....r.e, ADMINISTRATOR'S REPORT 1. Resolution to approve minutes of last meeting. 2. Visitors 3. Resolution to adopt alt rn tijf a in lieu of b for cost of water main extension along S. V. 111th Avenue. (Phildius) Mrs. George Bens was called on September llth, the day after the last regular meeting, to ensure that she understood the rebate agreement as approved by the Board of Commissioners. She said that Mr. Phildius did not approach her until just before the meeting and that she did not have enough time to consult with her attorney. She new has informed me that she desires to participate in the main extension and pay her equal share. In view of the above it is recommended that alternative #3a be vin adopted whereby all four participants pay an equal share 'without future rebates. The water district will pay none of the cost of the main extension. 4. Resolution to base future rebates alone S. V. 108th Avenue on acreage in lieu of property front foetal!. 108th Avenue, south of Durham Road, is unusual because some of the benefitted property has no front footage on 108th Avenue. An example of this is some property located on the Tualatin River with access via an easement road. It seems only fair that these property owners should bear some of the cost of the main extension. The nine original participants generally agree to charging per acre in lieu of property front footage. They have been afforded the opportunity to appear before the Board on this matter. This is a change in the basic rebate policy and should have your approval prior to implementing. von- -1- ADMINISTRATOR'S REPORT (Continued), slow 5. Resolution to authorize the Chairman and Tr carer to borrow manes on a short term basis not to exceed $100.000. Early this year cast iron pipe salesmen advised me that costs would rise substantially during the year and that I should get an order on record. Accordingly, after the budget was prepared and we knew the needs for the ensuing fiscal year I ordered enough pipe for the entire fiscal year (to June 30, 1975) to be delivered after July 1, 1974. The following chart shows the difference in pipe costs in March versus September 1974 and the savings realized by ordering early: Footage Pipe Size March 1974 Sept 1974 Difference % Ins. Purchased Savings 12" $6.93/ft $8.73/f t $1.80/f t 26% 4,530' $8,154 8" 4.13/ft 5.27/ft 1.14/ft 28% 6,495' 7,404 6" 2.89/ft 3.75/ft 0.86/ft 30% 5,624' 4,837 Amy Total Savings: $20,395 Total cost of pipe purchased: $74,470 As a result of purchasing these large quantities of pipe our inventory is high and the storage area is loaded with pipe. In fact the district has mere pipe on hand than most jobbers. Delivery time for new orders is March 1975. Needless to say, by accumulating this type of inventory we are unable to meet some of the current bills, particularly one to U. S. Pipe for $54,119. As we generate profits throughout the year we will recover, but we are short on cash at present. We must borrow funds on a short term basis from a bank at 5% interest in lieu of paying 1 % per month (18$ annually) to U. S. Pipe. This is a difference of $587 per month. ($812 versus $225). Enclosed is a proposed resolution which authorizes the district to borrow from U. S. Bank a sum not to exceed $100,000. A short-term note has been prepared for $50,000, the amount needed at this time. -2- �+r► ADMINISTRATOR'S REPORT (Continued) 6. Resolution to support and pay a fair share of a proposal by the Eze u ive Board of the ri-County Water Districts Association to have a study made on a set of uniform rules and ret[alations. Enclosed is correspondence from the Tri-County Water Districts Association on the proposed study. We probably need this study less than other water districts because the district has a top-notch attorney who will not allow the Commissioners to adopt or approve anything that is illegal. He gives legal advice prior to a lawsuit instead of allowing you to get into trouble and then defend you in court. I believe the district's rules and regulations are fairly well written. At least we spent enough time preparing the document. However, the study may be beneficial and our cost is estimated at about $200. 7. Other business. -3- RESOLUTION AUTHORIZING CONTINUING BORROWING PROCEDURE FOR UNITED STATES NATIONAL BANK OF OREGON BE IT RESOLVED, that the Chairman and 411ar Treasurer of the Tigard Water District be and they hereby are authorized and empowered to borrow money in the name of the Tigard Water District for the purpose of meeting current expenses, , from the United States National Bank of Oregon, in accordance with the provisions of ORS 287. -102, et seq. , authorizing municipal and quasi-municipal corporations :Ind civil subdivisions to borrow money upon negotiable short term promissory notes, the amount so borrowed not to exceed in the aggregate at any one time the sum of $ 100,,000.00 or the maximum sum that said Tigard Water District is authorized by said statute to borrow at the time of ally such borrowing, whichever is the smaller sum. B11 IT LURTIIER RESOLVED, that said Chairman and Treasurer of said Tigard Water District be and they hereby are authorized and empowered to execute, in the name of said Tigard Water District and sell to the Tigard Branch of the United States National Bank of Oregon, negotiable short term promissory notes of said Tigard Water Ditrict , for all sums so borrowed, such notes to be without definite due dates, to bear interest at the rate of _�� 'X per annum, to be in the form provided by said station and to be in such :mount or amounts as may be agreed upon between said Bank and the said Chairman and Treasurer within the limits above specified. BE IT FURTHER RISC'VII), that the Secretary of __Tigard_Water D.isfrj t be and he hereby is authorized and directed to deliver to said Bank :r copy of these resolutions, properly certified by hint, as evidence of the authority of said Chairman dy Treamer. to obtain said loans and execute and deliver promissory notes in accordance with the foregoing. STATE OF OREGON ss. COUNTY OF Washington John G. Schwartz , hereby certify that I am the duly elected, qualified and acting Secretary of Tigard Water District , State of Oregon, and as such in possession of the record book containing the records of the meeting of the Board of_Cemmiskioners of Tigard Water District That the within and foregoing is a full, true and correct copy of resolutions, duly and regularly adopted by the Board of Commissioners of Tigard Water District .It a duly called and lieldgt }g (vEr special) meeting thereof, called for that purpose and held September 24_—__---- —, l974 _, at which all of the Cermi1}sioners .--were present and voted unanimously in favor of said resolutions; as appears frons said record book in my possession. In Witness Whereof, I have hereunto set my official signature this 24th day of September — -- 1974 . • John G. Schwartz (Title) Secretary (for use under ORS 287.-102 - 287.432 inch by counties, municipalities and other political subdivisions authorized to borrow under these ORS sections. ) v. ` fir✓ UNITED STATES OF AMERICA No. STATE OF OREGON $ 50,000.00 SHORT—TERM NOTE Tigard Water District (Name of Subdivision) For value received, Tigard Water District State of Oregon, hereinafter designated "subdivision", acknowledges itself to owe and hereby promises to pay to bearer, at the office of the Tigard Water District , from its "Short-term Note Sinking Fund", the sum of Fifty Thousand and no/100 Dollars in any coin or currency which at the time of payment is legal tender for public and private debts within the United States of America, together with interest on said principal suns payable in like money, at the rate of "5— °o per annum from the date hereof. This note is issued under authority of ORS 287.402 to 287.432, and of a resolution duly adopted by the Board Qi_-_Cs»li.eflioners of said subdivision on September 24, , 19 74 ; this note and any notes of the same series of like date and tenor except as to numbers (and denominations and maturities, if they vary) , aggregate the principal sum of One Hundred Thousand and no/tOO -_ — Dollars. It is hereby certified, recited, and declared that all conditions, acts and things required upon the part of said subdivi- sion to exist and to be done and performed to make this note and those of the issue of which it forms a part, valid and binding obligations of said subdivision, have existed and have been done and performed in due time, form and manner, as required by the aforesaid Act; and the full faith and credit of the said subdivision hereby are solemnly pledged for the punctual payment, when due, of the principal of and the interest on the notes of said issue, but solely from said "Short-term Note Sinking Fund" as provided in the aforesaid Act. Said subdivision reserves the right to redeem this note at par and accrued interest whenever funds become available therefor. IN WITNESS WHEREOF, the Secretary of the said subdivision has caused this note to be signed by its Chairman and countersigned by its Treasurer , under the corporate seal of said subdivision (provided said subdivision has such a seal), this 24th day of September , 1974 Countersigned: (Title) ((Title) R. Verne Wheelwright, Chairman Clarence F. Nicoll, Treasurer NOTE REGISTERED AND SINKING FUND ESTABLISHED On Sept. 24, 1974 By Date Finance Officer of Subdivision Robert E. Santee, Administrator (Fm use under ORS 287.402 - 287.432 incl. (Chapter 307, Oregon Laws, 1941)by counties, municipalities and other political subdivisions authorized to borrow under these ORS sections. Insert name of political subdivision, name of governing body and title of officials as applicable.) 36-1864 6/69 CLACKAMAS • MULTNOMAH 3 im • WASHINGTON TRI-COUNTY WATER DISTRICTS ASSOCIATION MINUTES OF TRI-COUNTY WATER DISTRICTS ASSOCIATION EXECUTIVE BOARD MEETING September 13, 1974 Members present were --- Gene Seibel - President Carl Bryan ---- Director James Doig - Treasurer Burt Bailey --- Director Mac Walker - Secretary Joe Wagner --- Director Milton Hector - Director Executive Board meeting was called to order by President Gene Seibel at the :E Wolf Creek Water District office at 2:02 PM. Joe Wagner was called upon to explain the need for a uniform sot of by-laws, also rules and regulations which could be brought up to date, and which could not be 4 picked apart by attorneys in case of lawsuits involving Water districts. Lewis and Clark College was contacted (see copy enclosed) to make a study of the local area water districts, and as the letter states, come up with a set of model by-laws, a set of uniform rules and regulations, and a report explaining both items. The cost for this legal research and drafting them would be $6,000.00, to be borne by the participating water districts on the same basis as the annual dues are now paid. Therefore, the Board decided to submit this proposal to the general membership at a special meeting called for on Thursday, September 26th, at 7:30 PM at the Russellville School, South entrance to the Board Room, 220 SE 102nd Avenue (this is between Burnside and Stark Streets). Lewis and Clark would, if requested by us, report every two years on any changes in Oregon laws. A nominal charge Would be made for this service. James Doig reported that a few of our members still had not paid their dues for the current year, and that their coverage by Blue Cross is based upon being members of the Association. We expect representatives from Lewis and Clark at this meeting, and it was suggested that each district bring a copy of their by-laws and rules and regulations withb them, in the event this is approved, a start on this project can begin immediately. A motion was made that other Oregon water districts be contacted to see if they would like to participate in this project --- motion by James Doig, seconded by Joe Wagner, motion carried. The date for the annual meeting was set for the 21st of November. You will be notified about the time and place at a later date. There being no further business, meeting adjourned at 2:45 PM. _lie_ Respectfully submitted, ` 1� G -e - Mac Walker, Secretary MW:lk V f / Por;lanri. 0,,-,i )n 3721r) 114111104 IeI,TH)ne (`,U Xl- DAX Lewis and Clark College 244-6161 Ext. 545 Northwestern School of Law NATURAL RESOUPCES LAW INSTITUTE • • AUG `, 1974 August 28 , 1974 Tri-County Water District Association c/o Mr . Joe Wagner 10424 N. E . Freemont St. Portland , (`regon 97220 Dear Sirs : This letter is a statement of the proposed legal research and drafting requested by the Tri-County Water District Associa- tion. As we stated in our meeting of August 14 , this project will be undertaken under the auspices of the Natural .Resources Law Institute. The research will le conducted , at least in part, by law students under the supervision of Professor James Huffman and myself. $ Our preliminary discussion of the proposed project yielded the following outline which we offer for your criticism and/or approval . We invite any modificatiDns from your association. First, we propose to survey and analyze all current Oregon statuatory law directly affecting the operation of domestic water districts. In addition, we will consider the impact of statutes which indirectly affect water district .operation. This initial research will include compilation and analysis of all reported Oregon court decisions interpreting and applying these statutes . ro owe Secondly, se to compare and contrast the existing propose P by-laws and rules of representative member districts. This should provide a foundation for a uniform set of by-laws and rules. Thirdly, having acquired a skeleton understanding of the legal framework within which domestic water districts function, we will attempt to meet with some, or possibly all , district supervisors and attorneys. Because direct imput from the districts is essential to insure that the final product is responsive to district needs , Illrr page 2 3 our personal meetings with district managers will be supplemented by a questionare which will be sent to all member districts. rr Next , we will study the statutes, by-laws, and rules used by domestic water districts in other jurisdictions and attempt to in- cor_gorate the beneficial aspects of these materials into the final product,. As we understand your request, our final product will consist of : 1-A set of model by-laws; 2-A set of uniform rules and regulations; 3-A final report explaining items 1 and 2 , summarizing our research findings, and proposing any legislative k changes we feel are desirable. 4 We will February 1, 1975 as a final deadline for this pro- ject. We could complete it earlier but final examinations take up most of the month of December. We anticipate having an initial draft completed by the first of the year for your review and crit- icism. We propose charging $6 , 000 for the project. This will cover all of our expenses, including supplies, xerox, telephone etc. The sum does not cover printing of the final product. We suggest that when we have an acceptable product, that we at that time arrange for printing . Since we will need funds prior to completion to .pay salaries ittfte and costs , we would ask that payment be made according to the follow- ing schedule : October 1, 1974----$2 , 000 November 1, 1974---$2 , 000 February 1, 1975 or completion date--$2 , 000 If you have any questions or suggestions, please do not hesi- tate to call. We look forward to hearing from you in the near future. • Sincerely, � l C)'* J6 r y P . Foote Executive Director of Natural Resources Law Institute �rrw