Ordinance No. 77-24 CITY OF TIGARD, OREGON
ORDINANCE NO. 77- �2,41 �
AN ORDINANCE GRANTING A PERMIT TO THE SUMMERFIELD CIVIC ASSOCIATION
AND THE KING CITY CIVIC ASSOCIATION FOR THE CONSTRUCTION, OPERATION,
MAINTENANCE, AND USE OF A LINE TO TRANSMIT WATER FROM DURHAM TREATMENT
PLANT TO PROPERTIES MAINTAINED BY THE CIVIC ASSOCIATIONS.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
The City of Tigard hereby grants to the Summerfield Civic
Association, a non-profit corporation, and the King City Civic
Association, a non-profit corporation, the right to construct and
maintain a water line within those public streets of the City of
Tigard described below, subject to the terms and conditions recited
in this permit, and such additional terms and conditions as may be
implied by law. It is understood that the purpose of the construction
and maintenance of the line that is the subject of this agreement is
to transmit treated waste water from the Durham treatment plant, a
portion of the sewerage system of the Unified Sewerage Agency of
Washington County, to certain lands, including particularly golf
courseq maintained by the Summerfield Civic Association and the King
City Civic Association.
This permit shall remain in force for a term of ten years
from the date of its issue, but the - City may revoke it in the event
any of the following terms and conditions are violated by the Summer-
field Civic Association or the King City Civic Association.
(1) The Summerfield Civic Association and the King City
Civic Association shall be responsible for the construction and the
maintenance of the line. The City shall have no obligations with
regard to either construction or maintenance.
(2) The City shall have the right to require that the line
be built to standards acceptable to the City, and shall have the right
to inspect the line at any time, and require that work be performed in
a manner the City regards as consistent with the proper construction
and maintenance of the public street and consistent with the obligations
of the City to protect the public health, safety and welfare. In the
event the Civic Associations, or either of them, shall decline to
perform in a manner consistent with the requirements of the City, it
shall be the right of the City to perform such construction or maintenance
work as it may deem advisable, and to collect the costs of such work from
the Civic Associations, or either of them. In the event the City has
Page One - Ordinance No. 77-
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reasonable grounds to believe that a flaw in the system, or a leak
or other structural defect is causing, or is likely to cause, damage
to the street or to any other property, the City shall have the right
to require the Civic Associations, or either of them, to make repairs
immediatley, or, if it chooses, the City shall be entitled to make
such repairs itself, and to charge the costs of making such repairs
to the Civic Associations, or either of them.
(3) it will be the obligation of the Civic Associations to
he line is constructed in good repair,
keep the streets beneath which t
insofar as the line may be responsible for damage or deterioration of
the streets. That is, whenever either the construction or maintenance
of the line shall require the opening of a street, it shall be the
obligation of the Civic Associations to restore the ground beneath
the surface of the street and the surface of the street itself to a
condition as nearly as possible the same as that existing before the
opening of the street. In addition, it shall be the obligation of
the Civic Associations to make repairs necessary in order to bring
the street back to its prior condition in the event that repairs
previously made by the Civic Associations deteriorate at a rate faster
than the balance of the street surface, it shall also be the obligation
of the Civic Associations to make such repairs as are made necessary by
any leakage from the line, or from the settling of the ground within or
near the street caused by the construction or maintenance of the line.
(4) Summerfield Civic Association and the King City Civic
Association shall submit to the City copies of the funding provisions
of their respective organizations, and this permit shall be valid only
so long as the City remains satisfied that those documents provide
adequate financial security. In the event there are changes in the
funding provisions of the Civic Associations, or either of them, it
shall be the obligation of the Civic Associations to submit documents
showing such changes for review by the City. In the event the City }
becomes dissatisfied with any of the funding provisions it shall give
;.,,,� is �
the Civic Associations, or whichever of the Civic Associations
affected, thirty days' written notice of changes it regards as necessary
to create the required security. At the conclusion of that time, if the
Civic Association has not made the required changes, the City may
revoke this permit without further notice.
(5) The Civic Associations may not transfer ownership of the
line that is the subject of this permit without the approval of the City
of Tigard. The rights granted by this permit may not be transferred
without the approval of the City of Tigard.
(6) The Summerfield Civic Association and the King City Civic
Association agree that they, and each of them, will indemnify the City
OIL Tigard and hold it harmless from any and all losses arising out of
the construction, maintenance, and uses of the line that is the subject
of this permit, including losses relating to street conditions attri-
butable to the construction and maintenance of the line.
Page Two Ordinance No. 77- f
(7) The Summerfield Civic Association and the King City Civic
Association, and each of them, agree that they will maintain a policy
or policies of insurance adequate both in terms and in policy limits
to cover all damages that may arise out of the construction, operation,
maintenance, and use of the line that is the subject of this agreement
and the use of the water flowing through the line, and it is a condition
of this permit that a certificate demonstrating the existence of such an
insurance contract shall be furnished to the City, and with each contract
renewal the City shall be furnished with evidence of the current effective-
ness of such policy or policies.
(8) The City shall have the right to cause the Civic Associations
to move the transmission line whenever relocation shall be for the public
necessity. The expense of moving the line shall be borne by the Civic
Associations.
(9) Nothing in this permit shall be construed so as to prevent
the City from sewering, grading, paving, repairing, widening, altering,
or doing any other work that may be desirable on any affected street,
alley, road, or public way.
(10) This permit may be renewed at its termination or thereafter,
upon application by the Civic Associations, or either of them, subject
to such additional terms and conditions as may, at the time of the appli-
cation for renewal, seem necessary and appropriate to the City of Tigard.
1' (11) The location of the line that is the subject of this agreement
shall be along a line described as follows:
Z" Beginning at a point on S. W, 85th Avenue, 500
t, feet, more or less, south of the intersection
of S. W, Hall Boulevard and Durham Road, such
point being where a connection will be made to
an existing irrigation water line owned and
operated by the Unified Sewerage Agency, Washing-
ton Countyl thence north along said S. W. 85th Avenue,
500 feet, more or lessto S—W. Durham Road; thence
west 2,250 feet, more or less` to the intersection of
S. W. Alderbrook Drive; thence northerly, northwesterly,
and westerly 1,900 feet, more or less, along S. W.
Alderbrook Driver Summerfield Lane (South) , and
Summnerfield Drive to a point 250 feet, more or less,
east of S. W. 98th Avenue, where the effluent will be
discharged into a holding pond. (Lake at #5 hole
on Summerfield Golf Course)
PASSED; By unanimous vote of all Council members present,
after being read three times by number and title
only this day of / 1977.
� o `
Recorder , City of gard
APPROVED a By the Mayor this % day of ---', 1977
Page Three - Ordinance No. 77-d
Mayor, a Gzty o arra
ACCEPTANCE OF PERMIT CONDITIONS
WHEREAS, the City of Tigard'f Oregon, under date of ,,,
1977, passed its Ordinance No. 77 a4
NOW, THEREFORE, the undersigned, SUMMERFIELD CIVIC ASSOCIATION
and KING CITY CIVIC ASSOCIATION, the permitees named in that Ordinance,
do accept the terms, conditions and provisions of Ordinance No. 77- P-+
and agree to be bound by them and to comply with them.
IN WITNES WHEREOF we have caused this instrument to be executed
this day of , 1977.
SUMMERF ELD CIVIC ASSOCIATION
By
KING C CIVIC A SOCIATIGN
B
SU? CIVIC r-330CI :iIC'I
EJT
31, 1977
C _JiT:
Duni $ 34,994.59
Savings 9,968.02 $ t;1;.,962.61
ACCOMNITS R CL'T'TzBI�F 1,380.00
$ 46,342.61
LIABILITIES, ,US TS e- s TTIITIII
ME TO TUU T IIt DE11MOPTMIi CO. $ 9,930.63
P?:,P ID DUES 18,9o2.63
CCOU T3 PAY Bh. 90.00
Total LinbiliVies $ 28,923.2
MU-STS:
Carnet $ 6,467.61
Gutter 73.49
?oof 734.95
RIoor Regi: sh 367.46
Pai&.ino - _nterior 2,1,+7.41
Paintlna - Exterior 4,167.20
Ins ranee _3L201-11 17,459.23
Total liabilities and trusts
E�NL�ITY:
Retained,earnings (loss) at 2Iarc'n 31, 1977 ( 39.88)
46,3114.61
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I
CIVIC
OF _? T I;II 3 .'_ D
1977
P-77, a J-:
Membersr Dues $ 21,015,21
Interest income 341.00
$ 21,359;21
}TET.,DIITnES:
Supplies $ 1
,158.61
Repairs & 1.1air_tenance 3,096.34
'duUtilities 4,693.3 5
A --- istr<�tive
Insurance 953.663 000.00
Net :Income of the period $ 12,901.9
$ 5,457025
TP Jj3- t1M-, TO TRUSTS:
Carpet
Gutter $ 3,513.03
'oof 39.92
-7Ioor Refinish 399.21
P7 ntin!- 199.59
Ins592.88
urance 31712.62
Net, income at 2Lrch 31, 1977
Petained earnings at P-rch 31, 1976 (loss) (–__L9.88)
?eatired earning at t`.arch 31, 1977 (Loss) $( 39.85)
t
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KING CITY CIVIC ASSOCIATIO^;
CO?�i?A�'u1TIL1;' TNC01-1E AMU EX?E's�;SE STATEME;11T OR THEE YEzURS Iri! 3J DEC. 31, 1.975 and 1976 .
IIZCOP 1975 1976
A.-�nual Dues - - - - - - - - - - - - - - - - - - - $ 63,939-39 71,907.58
Apartment Dues - - - - - - - - - - - - - - - - - - 9,960.78 10,974.64
Interest Earned - - - - - - - - - - - - - - - - - 1,931.61 2,208-41
Sale ofiSaps - - - - - - - - - - - - - - - - - - - 12.15 8.75
Sale of Directories - - - - - - - - - - - _ _ - - 232.35 202.95
Piimeographing - - - - - - - - - - - - - - - - - - 305.77 !t81.63
Key Deposits - - - - - - - - - - - - - - - - - - - 35.00 15,00
Room Fees - - - - - - - - 954.50 1,106.50
Donations: Nile Club 175/KC Lions 176 - - - - - - 50000 468.00
TOTAL INCOME FOR YE_`tRS 1975, 1976 - - - - - - 8? 77,120.95 $ 87,373.46
EXPENSES
Salaries and Wages - - - - - - - - - - - - - - - - 8 31,200.32 35,739.59
FICA, UC and Tri Diet Ta'es - - •- - - - _ - - - - - 21826.52 3,293.15
Worlagents Compensation Insurance - - - - - - - - - 11687-?9 1,860,26
Health Insurance - - - - - - - - - - - - - - - 981006 1,130023
Telephone - _ - _ - - - _ - _ _ _ ., _ _ _ _ _ 558.33 552.81
Gas - - - - - - - - - - - - - - - - - - - - -
Electrici - - - - - .- - - - - - - - - - - - - - 81703.32 9,287.53
�' It,X05.11 4,361,14
Water - - - - - - - - - - - - - - - - - - - - - 1,237-80 800.35
Office Supplies - - - - - - - - - - - - - - - - 317.51 437.11
Postage - - - - - - - - - - - - - - - - - - - 109.93 166.91
Printing - - - - - - - - - - - - - - 15080 60.56
Office 1•3chine Repairs - - - - - - - - - - 37.75 _-
Swimrung Pool Iiai_ntenance - - - - - - - - - - - 3,474.56 3,572.15
Maintenance of Buildings and Grounds - - - - - - - 15,993.61 13,107.53
Transportation - - - - - - - - - - - - - - - - - - 874.70 782.60
Property Insurance - - - - - - - - - - - - - - - - 925.75 1,43" 50
Legal Ser*rice - - - - - - - - _ _ - - - - 1,056,00 _-
Replacement Equipment - - - - _ _ _ _ _ _ -. _ _ - 323.91
Library Expense - _ - - - - - _ - - .- - - - - 335.13
Corp. Comm. Tax - - - - - - - - - - - - - - - - - 63.38 35.
19.50 5.00
0
Miscellaneous - - - - - - - - - - - - - - _ - - - 159,38 57.57
Courier Subscription - - - - - - - - - - - - - - - 1815.00 1,827.00
Courier Distribution - - - - - - - - - - - - - - - 180.00 180,OJ
TOTAL EXPMSES - - - - - - - - - $ 79,566086 xv 799026.63
1975 (Deficit) - 1976 Surplus - - - - - - - - - 2,145.91 8,346.83
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Kr-JG CITY CIVIC ASSOCIATION
BALAD?�CE SBEET, DECE111MR 31, 1976
Checking Account - - - - - - - - - - - - - - - - ( 5,598,73)
Savings Account, Benjamin Franklin - - _ _ - - - - - - - _ 116,50
Savings Account, �,incaZn Savings and Loan,
General Fund - - - - - - - - - - - - $18,405.75 -
Equipment Replacement Fund - -.- _ _ 1,885-40 - 20,291015
- - - -
Petty Cash - - - - - - - - - - - - - - - - - - - - - 32074
SURPLUS - - - - - - - - - - - - -
1976 Receipts - - - - - - - - - - - - - - - 87,3730!6
1976 Operating expenses - - - - - - -_ - _ - - - - - .. - - - 79,026063
1976 Receipts in Excess of Expenses - - - - - - - - -. -. 6 8,346,83
f
Add Surplus, Dec. 31, 1975 - - - - _ _ _ _ _ _ _ _ _ _ _ 6,394.83 '
SURPLUS, ALL FUNDS, December 31, 1976 14,71 1066