City Council Packet - 06/28/1982 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to
REGULAR MEETING AGENDA speak on an agenda item needs to
JUNE 28, 1982, 7:30 P.M. sign their name on the appropriate
FOWLER JUNIOR HIGH SCHOOL sign-up sheet(s). If no sheet is
LECTURE ROOM provided, ask to be recognized by
the Chair.
1. REGULAR MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call to Staff, Council and Audience For Non-Agenda Items Under
Open Agenda
2. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may
request that an item be removed for discussion and separate action.
Motion to:
2.1 Approve Council Minutes - June 14, 1982
2.2 Accept Bid — Hoodview LID & Hward
2.3 Cancel July 19 and August 9 Council Meetings
2.4 Approve the Expenditures and Investments: $302,919.15
3. State Representative Norm Smith Report
RECESS COUNCIL MEETING
CONVENE TIGARD URBAN RENEWAL AGENCY MEETING
1. CALL TO ORDER & ROLL CALL
2. 1982-83 TURA BUDGET RESOLUTION #TURA 82-
3. ADJOURNMENT OF TURA MEETING
RECONVENE COUNCIL MEETING
4. BUDGET AND FINANCE - Finance Director/City Recorder
4.1 Resolution #82- Transferring Appropriations 1981-82
4.2 Ordinance #82- Transferring remaining monies LID #7 & #9 o
4.3 Resolution #82- Approving Budget for 1982-83 �
N
4.4 Resolution #82- Declaring Ad Valorem Tax for 1982-83 t
4.5 Resolution X682- Making Appropriations 1982-83 N
4.6 Resolution 4682- Declaring Intent To Receive State Rev. Funds
4.7 Resolution 4682- Extending Warrant Due Date
4.8 Resolution 4682- Amending Bancroft 4613 Coupon Interest
5. 74TH SEWER ASSESSMENT LID BANCROFT APPLICATION - Request by Virginia
Stone.
6. ORDINANCE No. 82-29 Annexation Policy Ordinance - second reading.
e" 7. ORDINANCE No. 82- Alarm Ordinance Adoption
4
8. ORDINANCE No. 82- Fee-In-Lieu of Assessment Adoption
9. ORDINANCE No. 82- Council Attendance Ordinance Adoption
10. LID DRAFT POLICY STATEMENT - Administrative Assistant Martin
11. WATER REPORT - City Administrator
12. OPEN AGENDA: Consideration of Mon-Agenda Items identified to the
Chair under item 1.3 will be discussed at this time. All persons are
encouraged to contact the City Administrator prior to the meeting.
13. ADJOURNMENT
PAGE 2 - COUNCIL AGENDA - JUNE 28, 1982
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T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES - JUNE 28, 1982 - 7:30 P.M.
1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors Tom Brian, John Cook,
Kenneth Scheckla, Nancie Stimler; City Recorder/Finance Director,
Doris Hartig; City Administrator, Bob Jean; Legal Counsel, Ed
Sullivan; Office Assistant I, Lowana Murray.
2. CALL TO STAFF, COUNCIL AND AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA
(a) City Administrator requested the following items be considered under
open agenda:
.1 72nd Avenue Status Report
.2 Summerlake Park Report
.3 Angelyn Subdivision vacation Resolution
.4 Workers' Compensation Insurance Bid
.5 Sign Code extension Ordinance
3. APPROVE THE MINUTES: June 14, 1982
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
4. ACCEPT BID - HOODVIEW LID & AWARD
The following bids were received:
Parsons Excavating $30,350.90
Miller & Sons 19,887.00
Bones Construction Co 28,103.60
Sproul Excavating 27,680.57
Tobey's Excavators 36,200.75
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to accept bid
of Miller & Sons of Sherwood, Oregon in the amount of $19,887.00 and
authorize Mayor and City Recorder to sign.
Approved by unanimous vote of council.
5. CANCEL JULY 19 and AUGUST 9 COUNCIL MEETINGS.
(a) Motion by councilor Brian, seconded by Councilor Scheckla to cancel
July 19 and August 9 Council meetings.
Approved by unanimous vote of Council.
6. APPROVE THE EMPENDITURES AND INVESTMENTS $302,919.15
(a) Motion by Councilor Brian, seconded by Councilor Scheckla to approve.
{ Approvid by unanimous vote of Council.
7. STATE REPRESENTATIVE NORM SMITH REPORT
(a) Norm Smith, State Representative, told Council of a task force that has
been created consisting of four senators and five representatives. This
task force would like to create a partnership between the local governments
of Oregon. The purpose of this joint partnership would be to find out
how best to fund and manage community growth and build facilities that
are badly needed in the state, such as water, sewer and roads. It is
estimated Oregon needs a 6 billion dollar capital improvements program
and there is no money coming from the federal government.
Norm Smith also explained four bills that passed during a one day special
session which will be key elements with regards to monies available for
local governments.
Consensus of Council was they would be interested in being part of the
task force.
RECESS COUNCIL MEETING: 7:53 P.M.
TIGARD URBAN RENEWAL AGENCY MEETING (TURA)
1. ROLL CALL: Present: Agency members: Wilbur Bishop, Tom Brian, John Cook,
Kenneth Scheckla, Nancie Stimler; Staff members: Finance Director/
City Recorder, Doris Hartig; City Administrator, Bob Jean; Legal
Counsel, Ed Sullivan; Office Assistant, Lowana Murray.
2. RESOLUTION NO. 82-1 A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR
COMMENCING JULY 1, 1982, AND MAKING APPROPRIATIONS.
(a) Motion by Tom Brian, seconded by Nancie Stimler to approve.
Approved by unanimous vote of agency members.
3. ADJOURNMENT OF THE TURA MEETING-7:55 P.M.
RECONVENE COliNCIL MEETING: 7:55 P.M.
8. BUDGET AND FINANCE - Finance Director/City Recorder
8.1 RESOLUTION No. 82-60A A RESOLUTION OF THE TIGARD CITY COUNCIL CORRECTING
SECTION 2 OF RESOLUTION NO. 82-37 AND ALSO A PORTION
OF 82.52.
(a) Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council.
8.2 ORDINANCE No. 82-31 AN ORDINANCE AUTHORIZING AND DIRECTING TRANSFER TO
THE GENERAL FUND OF THE CITY OF TIGARD THE REMAINING
MONIES IN THE BANCROFT #7 and #9 ACCOUNTS, FIXING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
t (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to adopt.
Approved by unanimous vote of Council.
PAGE 2 - REGULAR MEETING MINUTES - JUNE 28, 1982
8.3 RESOLUTION No. 82-61 A RESOLUTION APPROVING THE BUDGET FOR THE FISCAL
YEAR ENDING JUNE 30, 1983.
(a) Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council.
8.4 RESOLUTION No. 82-62 A RESOLUTION DECLARING THE AD VALOREM TAX LEVY FOR
THE FISCAL YEAR ENDING JUNE 30, 1983.
(a) Motion by Councilor Brian, seconded by Councilor Cook to approve.
Approved by unanimous vote of Council.
8.5 RESOLUTION No. 82.63 A RESOLUTION MAKING APPROPRIATION FOR THE FISCAL
YEAR ENDING JUNE 3Q, 1983.
(a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
8.6 RESOLUTION No. 82-64 A RESOLUTION DECLARING THE CITY OF TIGARD'S ELECTION
TO RECEIVE STATE REVENUES.
(a) Motion by Councilor Brian, seconded by Councilor Stimler to approve.
Approved by unanimous vote of Council.
8.7 RESOLUTION No. 82-65 A RESOLUTION OF THE TIGARD CITY COUNCIL Y=ENDING
THE DUE DATE FOR PAYMENT OF WARRANT FOR HILLVIEW
LID (#19)
(a) Motion by Councilor Stimler, seconded by Councilor Brian to approve,
extending the due date to September, 1982_
Approved by unanimous vote of Council.
8.8 RESOLUTION No. 82- Amending Bancroft #13 Coupon Interest. Withdrawn
from the agenda.
9. 74th SEWER ASSESSMENT LID BANCROFT APPLICATION - Request by Virginia Stone
(a) Glen Stone, representing Virginia Stone, 9300 SW Edgweood, Spoke with
regards to assessment for sewer improvements on her property located at
14975 SW 74th Avenue, and requested that due to hardship conditions she
be allowed to sign a "Due on Sale Agreement" with the City of Tigard
which would be attached to her bancroft application. Mr. Stone agreed
the monthly payments would be made and that Mrs. Stone would be at City
Hall the following day to sign all papers required of her.
(b) Consensus of Council was to allow the "Due on Sale Agreement" since this
was special circumstances but requested that this not be made a normal
procedure but that each case would be looked at separately.
PAGE 3 - REGULAR MEETING MINUTES - JUNE 28, 1982
10. ORDINANCE No. 82-29 AN ORDINANCE SPECIFYING THE ANNEXATION POLICY FOR VARIOUS
UNINCORPORATED LANDS WHICH ARE WITHIN TIGARD'S URBAN
PLANNING AREA, REPEALING ORDINANCE NO. 79-26, PRESCRIBING
AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY.
(a) Geraldine L. Ball, representing DJB Inc., and herself, 11515 SW 91st
Avenue, Portland, Oregon 97223, read a letter addressed to Mayor and
Councilors with regards to Section 5. "Emergency Clause" within the
body of the ordinance. Mrs. Ball asked Council if this emergency clause
would change the boundaries in any way of the City of Tigard. Legal Counsel
reassured Mrs. Ball this clause would only make the ordinance effective
M immediately and would not change any boundaries.
b) Second reading of Ordinance No. 82-29.
Cc) Motion by Councilor Brian, seconded by Councilor Cook to adopt.
Approved by four to one vote, Councilor Sch.eckla voting nay.
11. ORDINANCE No. 82-32 AN ORDINANCE REGULATING THE USE OF ALARM SYSTEMS
(a) Councilor Cook requested the applications be mailed to businesses; City
Administrator reassured Council that the ordinance and application will
be mailed.
(b) Motion by Councilor Cook, seconded by Councilor Brian to adopt.
Approved by unanimous vote of Council.
12. ORDINANCE No. 82-33 AN ORDINANCE FOR ADDITTON TO CHAPTER 12, TIGARD MUNICIPAL
CODE, RELATING TO SEWER CONNECTION SURCHARGE FEE IN LIEU
OF ASSESSMENT FOR CONNECTION TO SANITARY SEWER WITHIN CITY
LIMITS AND DECLARING AN EMERGENCY.
(a) Legal Counsel, Ed Sullivan, requested additional language underlined in
Section one of the ordinance be amended to read as follows:
The applicant for sewer connection to serve previously unassessed property
or property which has not in any way previously contributed, either directly
or indirectly to the construction of a public sewer line adjacent to
abutting, running through or directly serving said property, . . .. . .
An amount per dwelling unit, as defined in the above mentioned
contractural agreement with Unified Sewerage Agency, computed annually
as the average dwelling unit cost for similar sewers serving similar
properties for which assessments were charged during the previous
two calendar years. The current surcharge, as of June 30, 1982,
based upon typical projects for the two previous years shall be
$3,000.00, in addition to hook-up fees.
(b) J.B. Bishop, 10505 SW Barbur Blvd. , Su. 303, Portland, OR 97219, asked
how this would affect properties previously developed. Legal Counsel
assured him that this ordinance would not have any effect on previous
developments.
(c) Motion by Councilor Brian, seconded by Councilor Stimler to adopt.
Approved by unanimous vote of Council.
PAGE 4 - REGULAR MEETING MINUTES - JUNE 28, 1982
13. ORDINANCE No. 82- AN ORDINANCE PROVIDING PROCEDURE BY WHICH COUNCILORS'
ATTENDANCE MAY BE CO_HIPELLED AT COUNCIL MEETINGS.
(a) Council asked that this ordinance be tabled for an indefinite period
of time.
14. LID DRAFT POLICY STATEMENT - Administrative Assistant Martin
(a) Joy Martin, Administrative Assistant, went over the LID Policy procedures
as stated in the Tigard Municipal Code comparing them to those in a
document by the Bureau of Governmental Research. Recommendations were
received from Council regarding the various items which will be used in
revising the code.
(b) John A Butler, 9760 SW O'Mara, Tigard, Oregon 97223, presented Council
with a letter outlining his recommendations with regards to the LID
process.
(c) Councilor Brian asked that healtP- : id safety standards be broken down
into specific detail of what can be included as a standard; Mrs. Martin
will research and bring back the information.
(d) Council asked that an ordinance be drafted for consideration for the
next council meeting. The ordinance is to include legal procedural steps,
basic policies and standard operating procedures.
RECESS: 9:38 PM
RECONVENE: 9:58 PM
15. WATER REPORT - City Administrator
(a) Walter C Mintkeski, P.E. , Lee Engineering, Inc. , Consulting Engineers/
Planners, outlined the cost scenarios for operation of Tigard Water District
over the next ten years.
First scenario envisions continued operation of the District by the
existing District as it is today. Second envisions operation of the
District by the City of Tigard and reflected savings in personal services
and materials which would lower water rates by 11 to 12 percent to the
customer.
(b) City Administrator, Bob Jean, read his letter addressed to Council expressing
his concerns of a guaranteed long-term supply on the water district and
stated that water might be provided to local residents more economically
if the water department were part of the city government.
City Administrator presented four future alternatives relating to water
services; 1. Do nothing; 2. Act immediately; 3. Withdraw but merge
operations; 4. Act later. Of these four alternatives he recommended as
preferred, option. No. 3. Withdraw but merge operations as the only option
which satisfies all concerns. 'This option is outlined as follows: "The
gradual merger of operations can provide a smooth transition, achieve
maximum efficiencies and assure continued effective service delivery.
PAGE 5 - REGULAR MEETING MINUTES - JUNE 28, 1982
The withdrawl and merger puts a legal veto in the City Council's hands,
especially critical as to any long-term supply decisions, yet continues
the years of experience available with District Board members and staff.
This option would likely eliminate the need for a special referendum
election, and potentially costly arbitration or litigation proceedings."
(c) Councilor Brian expressed concerns about making any further decisions
without first meeting with the two current water districts, Tigard
Water District and Metzger Water District.
(d) Councilor Cook asked if a joint meeting could be set up as-soon-as possible
as he felt this is very critical.
(e) Jim Henderson, Water Board member, in the audience, agreed that a meeting
would be desirable and a tentative date was set for July 3, 1982.
16. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair
under Item 1.3 are set forth here.
16.1 72ND AVENUE STATUS REPORT
(a) City Administrator reported that one major right-of-way settlement
of $25,000 was coming in; a number of dedications have come in.
The right-of-ways and easement acquisitions are moving right along,
water project is proceeding; and the right-of-way costs are getting
expensive.
16.2 SUMMERLAKE PARK REPORT
(a) Liz Newton, Associate Planner, reported the Park Board's concerns
with regards to Ordinance No. 81-28, which temporarily closed the
park until July 1, 1982. Now the concerns of the mosquitoes are
very bad, underwater growth and algae is filling the lake; a need
for signs with regards to swimming or other use of the lake,
jumping off the bridge, etc.
(b) Council advised that now the park is open, the current rules in
the Municipal Code would apply, and requested that Staff work
with the Park Board to update rules. In the interim, staff will
prepare an ordinance to establish temporary park rules.
16.3 ANGELYN SUBDIVISION VACATION RESOLUTION
(a) RESOLUTION No. 82-46 A RESOLUTION CONCERNING VACATION OF ANGELYN
SUBDIVISION, A PLAT OF RECORD LYING WITHIN
THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
(b) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve.
Approved by unanimous vote of Council.
PAGE 6 - REGULAR MEETING MINUTES - JUNE 28, 1982
16.4 WORKERS' COMPENSATION INSURANCE BID
City Administrator reported
(a) Two quotations were received; SAIF Corporation of Oregon for $21,367.
and EBI Companies for $21,046. City Administrator recommended the
EBI Companies bid for $21,046. be approved.
(b) Motion made by Councilor Brian to accept EBI Companies quote,
seconded by Councilor Scheckla.
Approved by unanimous vote of Council
16.5 SIGN CODE ORDINANCE EXTENTION
(a) City Administrator requested that the sign code be brought back to
the executive department to get legal questions cleared, community
involvement and allow a 60 day extention.
(b) ORDINANCE 82-34 AN ORDINANCE AMENDING CHAPTER 16.24 OF THE TIGARD
REGULATIONS AND DECLARING AN EMERGENCY.
(c) Motion by Councilor Stimler that 60 day extention be granted and
adopt Ordinance 82-34.
Seconded by Councilor Scheckla.
Approved by unanimous vote of Council
i
ADJOURNMENT 10:58 PM
6K-t..a
City Recorder
ATTEST:
Mayor-City of Tigard
PAGE 7 - REGULAR MEETING MINUTES - JUNE 28, 1982
� 1 DVIEW L.I.D. #32
Date: 6/22/82
Engineer's Estimate: $29,119.00 Time: 2:30 p.m.
Bidder's Name Address Prequal.' Bond Bid
Parsons Rt. 3 , Box 560
1. Hillsboro , OR 97123 xx SiO ,35 g
Rt 5, Box 62
2.
V4. 97123
ones 3508 SW 209th
S28 ,103 , 60
proul 15880 SW 79th Ave
vc-avat--ing Tigard , OR, xx $27 , 680.57
Tobey's 33003 SW TV Hwy.
5. ExcaMators Hillsboro. OR 97123 xx $36, 200.75
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AFFIDAVIT vi PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, I ss.
1, .. _ . ......_.....John..W._.Marling................................. -------- ....................
being first duly sworn, depose and say that 1 am the publisher ...-.............._._.
. . of The Tigard Times, a newspaper of general circulation, as defined
by ORS 193.010 and 193.020, published at-Tigard, in the aforesaid county and
state; that the legal notice, a printed copy of which is hereto annexed, was
published in the entire issue of said news aper for ........_.0-ne........ successive and
consecuti^e reeks in the following issues . ....-..June-,.2.4.,,,. 1982
.....................
-..................... __.... ... ..
..............._. . ... -
(Signature
Subscribed and sworn to before me thi ..... 1 ........_... day of ..........
19..82
i.4.iary Public of Oregon
My comtjtiission expires ........Feb_.....24_ ........._..... 19. 86
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i Date July 26, 1982
I wish to testify before the Tigard City
Council on the following item:
(Please' print p your name)
3 1.3 CALL TO STAFF, COUNCIL AND AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA.
3
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:dame, Address & Affiliation Iter Description
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Da to June 28, 1982
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I wish to testify before the Tigard City
Council on the following i teri:
(Please print your name)
1.3 CALL TO STAFF, COUNCIL AND AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA
:Jame, Address & Affiliation Iters Description
511ri1.7� <2-7 7� L6 7:R/D
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July 1982
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' I wish to t--tify before the Tigard City Council on
the following item: (Please print your name)
Item Description: 6. ZONE CHANGE ZCA 3-82
(Durham Island) NPO #5 & #6
Opponent (against)
drass and Affiliation Name, Address and Affiliation
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...Date July 26, 1982 ' --- ---
I wish to testify before the Tigard City Council on
the fol Lowing item: (Please print your name)
Item Description: 7, ZONE CHANGE ZCA 5-82
BECHTOLD ANNEXATION) NPO #3
roponent (for) Opponent (against) i
ame, Address and Affiliation Name, Address and Affiliation -_
PU 3 -
(/fir C 61 1V
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Date July 1982
I wish to testify before the Tigard City Council on
the following item: (Please print your name)
Item Description: 8, ZONE CHANGE ZCA 7-82
(North Dakota Annexation NPO #2 & #7
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Proponent (for) Opponent (against)
! Name, Address and Affiliation I Name, Address and Affiliation
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July 26, 1382
I wish to L—S tify before the Tigard City Council on
s the following item: (Please print your name)
Item Description: 10. COMPREHENSIVE PLAN REVISION
CPR 1-82 - NPO #1
Proponent (for) Opponent (against)
Name, Address and Affiliation Name, Address and Affiliation
1
Da to _
July 26, 10"?
I wish to t��tify before the Tigard City Council on
the following item: (Please print your name)
11.
Item Description: COMPREHENSIVE PLAN REVISION
CPR 2-92 - NPO #3
for
Proponent P (for) Opponent (against)
Name, Address and Affiliation Name, Address and Affiliation
JUNE 24, 1982
MEMORANDUM
To: Mayor and City Council
From: Director of Public Works, Frank Currie
Subject: HOODVIEW LID BID AWARD
On June 22, 1982, at 2:30 P.M. , bids were opened for the Hoodview LID.
Attached is the bid results for your information. This department
respectfully requests Council award the bid to the apparent low bidder,
Miller & Son of Sherwood, Oregon in the amount of $19,887.00.
FAC:lw
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HOODVIBI L.I.D. #32
Date: 6/22/82
Engineer's Estimate: $29,119.00 Time: 2:30 p.m.
Bidder's Name Address Prequal.' Bond Bid
1.
Parsons Rt. 3 , Box 560
Excavating HI-Usb-oro, OR 97123 xx $�0 ,350, 90
2. Rt 5, Box 62
Millp-r & Son Shp wood, OR', 97140 xx $190887 ,00
Bones 3508 SW 209th
3. r-nnsF-runt--inn $28 ,103 . 60
Sproul 15880 SW 79th Ave
4. RxcavA Ling Tlaard, OR, 97123 xx $27 ,680. 57
Tobey's 33003 SW TV Hwy.
5' sboro OR 97123 xx $36,200.75
6.
7.
8.
9
10.
11.
12.
13.
14.
15.
16.
17.
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20.
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22�.
HOODVIEW L.I.D. #32
Date: 6/22/82
Engineer's Estimate: $29,119.00 Time: 2:30 p.m.
Bidder's Name Address Prequal.' Bond Bid
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DORNER,TUNKS&MURRAY,INC. RECEIVED CONSULTING ENGINEERS
W.J.DORNER,P.E. �UN 2 1982 519 SW THIRD AVENUE
HOMER V.TUNKS,P.E. PORTLAND,OREGON 97204
DON L.MURRAY,P.E. CITY Of TIGARD PHONE:(503)228-3466
Stuart L. Cato P.E.
June 23 , 1982
Mayor & City Council
City of Tigard
12420 S . W. Ash
Tigard, Oregon 97223
Attn: Mr. Frank Currie
Re : Hoodview LID #32
Gentlemen:
We have reviewed the proposals submitted on June 22,
1982 and recommend that the contract for construction of
the Hoodview Sewer LID x`32, be awarded to P. Miller & Sons ,
Contractors Inc. of Sherwood, Oregon. The results of the
bids were as follows :
Contractor Amount
Miller & Sons $19, 887. 00
Sproul $27,680.57
Bones $28,103 .60
Engineers Est. $29,119. 00
Parsons $30,350.90
O. K. Tobies $36,200.75
The above amounts are based on unit prices and estimated
quanities. The final contract cost will be determined from-
actual
romactual quanities at the completion of construction.
If you have any questions please contact our office.
Respectfully,
Stuart Cato P. E.
Dorner, Tunks & Murray, Inc.
r:
ACRiEFIMNT FOR
E`:GI2hERI::G SERVICES
ClrY OF TIGARD
f•JASHINGiON COUNTY, OREGON
TgLS AGREE:-'ENT AND CONTRACT, made and enttred into at Tigard, Oregon, this
clay o , GA-14--- . 198 , by and between the City of Tigard of Washington
Cou:ity, State of Oregon, hereinafter called the City, and
a firm of consulting engineers duly authorized to
perforin professional services in the State of Oregon, hereinafter called the
En,int:•e rs: ,
14ITNESSETH THAT:
::`FF`"L'AS, the City now desires to employ the Sngineers to perforin the en;ineering
dcsig,n and the preparation of detailed plans, specifications and contract documents
and the per£ormil of other professional services, which are necessary for the
construction of the following designated public works improvements:
,5,.v✓, !Yl'�j�c.t/�/� �Ti�E'FT��57/C'E-��-� L_./ J..
`IHE'REAS, the Engineers have offered their services to perfvrm the necessary
survevs, en.-ineering designs, preparation of plans and specifications and other
contract documents and the related professional services required for the
implementation of the public =forks improvements.
IT IS AGREED BETi-IEEN THE PARTIES HERETO AS FOLLOT:S:
ARTICLE I - DEFILNITIONS
[dhenever the term "City" is used herein it is understood to nean the City o,°
Tigard of Washington County, Oregon, or its authorized officers and the teras
"Engineer" or "Engineers" means an authorized representative(s) of �TiitJ
ARTICLE II - OBLIGATIO:N OF THE Ei:GI`TEERS
The services to be performed by said Engineers under this contract are (A)
the professional services required for the preparation of detailed plans,
specifications and other contract documents proceeding the actual construction
work, (B) en-ineering services during construction, and (C) special services vinich nay
be required. The Engincers will coordinate their work with other Engineers who
may be engaged by the City. The services to be performed by the Engineers are
described more particularly as follows:
AGRE EIIEN'T - Page 1
a
A. Professional Services Preceeding Construction:
1. Detailed Plans. The Engineer will collect the necessary data including
information from utility companies and other field information and will prepare
detailed plans for all units of said improvements. These plans will include the
r.ecessary details for the public works facilities as well as other drawings which
may be essential to full completion of all units of the said improvements.
2. Specifications. After the plans have been made the Engineers will
prepare such detailed specifications, contract forms and other documents as
will be necessary in the receiving of bids for construction work and in the
performance of contract obligations. The specifications will cover materials and
workmanship and serve as a guide to the building of all features of the project
which may not be fully defined by the plans.
3. Quantity and Cost Estimates. The Engineers will prepare estimates of
the quantities of the materials to be furnished and work to be done. Estimates
of cost will be provided which are to be based upon prices which appear to be
appropriate at the time of plans are complete.
4. Amendments of Plans or Specifications. ['lien plans, specifications and
other documents have been prepared. they will be submitted to the City for
consideration. An engineer familiar with all features of the project will be
available on request of the City for the purpose of explaining the plans and
other documents. Should the City then request modifications of any kind which
are consistent with good engineering practice, the Engineers will make them be-
for the final documents are issued.
5. Approval of Regulatory Agencies. The Engineers will plan the improve-
ments so as to meet the approval of the Oregon Environmental Quality Commission
and other governmental agencies which may be involved, and will assist the City
in any way appropriate to securing the necessary approvals for the facilities
planned.
6. Copies of Plans and Specifications. After their approval by the City
and the regulatory agencies, the Engineers will furnish as a part of this
contract the following copies of the plans and specifications above described:
a) Six (6) complete sets to the City for record purposes_
b) As many copies as may be required by other agencies involved,
as listed in Appendix 'S' .
c) As many copies as may be required by Contractors desiring to
submit bids on the work, it being understood that deposits will
be required z-) provide for the return of such plans issued and
that a charge may be made by the Engineers for plans and
specifications which may be issued to persons from whom no bona
fide bid is r,iceived by the City.
d) Ten (10) sets of documents as may be required in connection with
the preparation of contracts for construction work.
AGREEIIENT - Page 2
e) Three (3) complete sets of "as built" plans of the work, as it is
finally constructed, to the City for record purposes, one of which
will be a set of transparencies.
7. Contract Awards. A qualified representative of the Engineers will
attend meetings when the receiving of bids and the award of contracts for
construction work are under consideration. They will prepare a tabulation
of bids and will advise and assist the City in any way appropriate to such
occassions.
B. Professional Services During Construction:
1. General Engineering. The Engineers will provide general inspection
of the Contractor's work in behalf of the City, to the extent defined in the
contract documents, by periodic visits to the site of the project to observe
the progress and quality of the work and to determine, in general, if the
work is proceeding in accordance with the intent of the contract documents.
Oa the basis of these visits, the Engineers will keep the City informed of
the progress of the work, will guard the City against defects and deficiencies
in the work of the Contractor(s) and may reject work or materails that fail
to conform to contract requirements. Visits to the construction site and
observations made by the Engineers shall not relieve the Contractor of his
obligation to conduct comprehensive inspections of the work sufficient to insure
conformance with the intent of the contract documents, and shall not relieve
the construction contractor of his full responsibility for all construction
means, methods, techniques, sequences, and procedures necessary for coordinating
and completing all portions of the work under the construction contract and for
all safety precautions incidental thereto.
The Engineers shall make explanation of any matter which may not be clearly
shown on the plans or in the specifications, incl!_,Q=ng the modifications of
documents if this should be required. They shall prepare and recommend
approval of change orders when applicable. They shall review Contractor's
shop drawings and approve material samples.
2. Final Inspections. The Engineers will make a final inspection of the
completed construction work and report thereon to the City with recommendations
concerning its acceptance or otherwise as conditions may warrant.
3. Resident inspection of Construction and Field Staking. The Engineers
will furnish the services of a Resident Inspector to provide continuous in-
spection of the work to the Contractor during the period of construction as
well as field personnel and equipment necessary for construction staking. The
Resident Inspector shall be experienced in the type of work to be done to the
end that the work will be properly staked out and that competent inspection
of materials and labor will be provided. He will keep all records, maps, and
plans necessary for the preparation of final "as built" drawings. The
Resident Inspector will make out weekly reports of construction and monthly
estimates as the basis for payments to the Contractor as construction proceeds.
He will attend the official meetings of the City each month when the above mentioned-
reports and estimates are being considered and will also attend other meetings
of the City when requested. Additional engineers, inspectors or assistants
necessary shall be provided by the Engineers with the approval of the City. The
Resident Inspector and necessary asssist.ants will guard the City against defects
and deficiencies in the work of the contractor(s) and help determine if the
provisions of the contract documents are being fulfilled.. Their day-to-day in-
spection will not, however, cause the Engineer to be responsible for those
duties and responsibilities which belong to the Contractor and which include,
but are not limited to, full responsibility for the techniques
4'
and sequences of construction and the safety precautions incidental thereto,
and for' per£orminc, the construction work in accordance with the contract
documents.
C: S»(!cial. Services:
There may be certain special services desired by the City beyond those listed
under the design and engineering inspection of construction. The type and extent
of all such special services cannot be determined at this However, the
Engineers agree to assist the City and perform such special services as the City
may require, all in order that the City can best accomplish the objective of
providing the facilities needed. Such services may include but are not limited
to the Following:
a) Furnish survey personnel and equipment required to obtain design in-
formation necessary to prepare satisfactory plans and specifications.
b) Furnish survey personnel and equipment required to obtain field in-
formation necessary to prepare easements and property right-of-way
descriptions as requested or approved by the City.
c) Furnish legal descriptions of easements, rights-of-way and property
required for the project and provide personnel to assist the City
or those designated by the City to obtain easements, rights-of.-:ray,
and property as requested by the City.
d) Assist in preparation of Federal grant applications.
e) Assist in preparation of Engineers' report for preliminary assessment,
assessment district maps, lien dockets, assessment rolls, and other work
ecnnected with assessment procedures, and assist in public hearings on
the proposed assessments as requested or approved by the City.
f) Provide personnel and equipment required to perform subsurface explorations
necessary for determining foundation and/or construction conditions as
requested or approved by the City.
g) Provide bacteriological, chemical, mechanical or other tests as requested
or approved by the City.
h) Assist the City in the development of aesign and construction standards.
i) Provide expert testimony as may be required in connection with the project.
j) Furnish written operating instruction and assemble a complete set of
manufacturers' data and catalogs covering the equipment installed in
the project.
k) After completion. of the project and acceptance from the Contractor(s)
by the City, provide assistance and supervision as required to train
the City's personnel for operation and maintenance of the new facilities_
AGREERE?1T - Page 4
i
FURTHER, it is agreed between the parties hereto as follows:
Insurance. The Engineers shall maintain such insurance as will
l ; :)tect them and the City from claims under the Workmen's Compensation Act.
Time Schedule. The Engineers shall begin work within 10 days after
notice to proceed and shall diligently prosecute the work to meet the time
schedule(s) adopted by the City.
ARTICLE III - OBLIGATIO`3 OF CITY
The work required under this contract shall not begin nor shall the City assume :
obligation for the work involved until the Engineers are given written notice to
proceed and the scope of the work authorized outlined in detail.
In order to facilitate the work of the Engineers as above outlined and to in-
sure proper and adequate planning in construction procedure the City shall furnish
to the Engineers access to all existing information which is in its possession
concerning the location of sewer and water lines and other utilities or structures
which may affect the planning and construction of the proposed improvements.
Should it be necessary to excavate in order to locate and make available to the
Engineers any existing structures necessary for proper planning of the proposed
work, the City shall cause such excavation and incidental work connected therewith
to be done without cost to the Engineers.
The City shall pay for the cost of publishing advertisements for bids, and for
permits and licenses that may be required by local, State, or Federal authorities
and shall secure the necessary land, easements, and rights-of-way.
FOR AND IN CONSIDERATION of the Engineers faithfully performing the services
.herein stipulated, the City shall pay them sums which shall be as outlined below in
accordance with the services rendered:
A. For the engineering services as outlined in Article II, Sections A(1-7) and
B (1&2), required for the design of public works facilities, the City shall pay the
Engineers a sura which shall be determined by i4 (Curve Was recommended by the
schedule of suggested fees of the current Manual No. 45 of American Society of Civil
Engineers applicable upon the date notice to proceed is issued.
For projects involving modifications, expansion, or renovation of existing facilities
the basic fee under the above-mentioned curves shall be increased by a negotiated
per cent depending upon the circumstances.
a) Monthly progress payments shall be made to the Engineers during the
preparation of the detailed plans, and such progress payments shall
be based upon progress estimates of the work done, which have been
submitted by the Engineers and approved by the City.
AGREEMENT Page 5
b) When the plans and specifications have been completed and approved,
the City shall pay the Engineers a sum which with all previous pay-
ments shall equal 80 percent of the total fee applicable based on
the Engineer's estimate at the time the plans and specifications
are submitted to the City.
c) The balance of the fee shall be paid to the Engineers during con-
struction in proportion to the work completed by the contractor(s) .
B. For the services the Resident Inspector and other inspectors or assistants
required for the construction inspection and field staking as outlined in Article II,
Section B (3), the City shall pay the Engineers scheduled rates as set forth in
Appendix "A". These rates include all supplies required for the work and automobile
transportation within a 5 mile radius of the Engineer's office.
C. For soils investigations which may be required as outlined in Article II,
Section C, the Engineers shall be reimbursed at their invoiced costs plus 1.3 per-
cent, for the services of soils specialists, laboratory testing and required sampling,
drilling and/or excavation. For other technical or professional services furnished
by outside sources, as requested or approved by the City, an additional 8 per cent
shall be added to cover the Engineers' administrative and continuing project responsi-
bilities.
D. For any special services required by the Engineers' staff as outlined in
Article II, Section C, of this Agreement, the City agrees to pay the Engineers
scheduled rates as set forth in Appendix "A", automobile travel within a S mile
radius of the Engineers' office is included in the scheduled rates. All other costs
of the Engineers will be billed at the actual amounts of such costs. These costs,
as applicable, will include, but are not necessarily limited to obtaining as con-
structed plans, printing and reproduction work.
E. If the City directs that competitive bids are taken for construction on
alternate designs, where this involves the preparation of designs, plans, and
specifications for alternate structures, the compensation to the Engineers shall
be the payment specified in Article III, Section A, for the design of work to be
constructed, plus., for the alternate designs prepared for work not constructed, an
additional payment to be negotiated at the time the City directs that alternative
designs, plans and specifications be prepared.
F. If the Engineering services covered in this Agreement have not been
completed upon the expiration of an eighteen (18) month period from the date of
execution of this Agreement, the City or Engineers may, at the option of either,
on written notice, request a renogotiation of Article III, Sections A-D, (providing
for the compensation to be paid Engineers for services rendered), to allow for changes
in the cost of services. Such new schedule of compensation is to apply only to
work performed by the Engineers after delivery date of such written notice.
G. If time of construction is extended because of circumstances beyond the
control of the Engineers, payments for Article II, Section B(1), General Engineering-
Professional Services During Construction, shall apply only through the period ending
thirty (30) calendar days after the applicable completion date specified in the
construction contract of the project. Payment for this service beyond thirty (30)
days after -said specified completion date shall be paid for under Article III, Section D.
AGREE14ENT - Page 6
H. The City may, in its sole discretion, abandon or indefinitely postpone the
project for which the professional services described herein are to be performed
and may thereupon terminate this Agreement by giving the Engineers written notice
of such abandonment or indefinite postponement. If any portion of the project
covered in this Agreement and designed or specified by the Engineers shall be sus-
pended, abated, or abandoned, the City shall pay the Engineers for the services
rendered for such suspended, abated or abandoned work, the payment to be based in-
solar as possible on the amounts established in this Agreement, or, where the
Agreement cannot be applied, the payment shall be on the basis of the amounts as
prescribed in Article III, Section D.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
in duplicate by their respectively authorized officers or representatives.
CITY OF TIGARD
By,
By
Approved as to form: L
City Attorney
ENGINEERS
By Z
By 7,
AGREEMENT - Page 7
SA'rPLE
APPENDIX "A"
ENGINEER:
Scheduled Rates
OFFICE
Principal------- -- -- - ------------- $ per hour
Project Engineer -- - -
Engineer EIT
DesignDraftsman __—__.____-- 2S•o o n
Non-Technician
FIELD
Three-man crew $ per hour
Two-man crew -moo'®� Ir1iResident Engineer if "
Resident Inspector
(1) Field rates include field equipment and transportation cost within a 5-mile
radius of our office. Travel outside a 5-mile radius shall be charged at
cents per mile.
PAYMENT OF BILLS FOR COUNCIL APPROVAL 7
i'ROGP.A.*1 BUDGET JUNE 28, 1-82
Community Protection
Police 8,830.63
Public Works 12,456.06
Municipal Court 425.73
Planning 1,075.79
Building 1 , 149.81
Total Community Protection 23,938.02
Home & Community Quality
Public Works 159,856.08
Social Services
Library 1 ,822.35
Aged Services 1, 187. 18
Youth Services 8,001.90
Historical
Total Social Services 11 ,011 .43
Policy & Administration
Mayor & Council 587.62
Administration 1,344. 17
Finance 2,067.79
Total Policy & Administration 3,999.58
City Wide Support Functions
Non-departmental 19,917.66
Misc. Accounts (refunds & payroll deductions; etc. ) 18, 195.07
CAPITOL BUDGET
Community Protections
Road Acquisition & Dev.
Parks Acquisition & Dev.
Storm Drainage
Total Community Protection
Support Services
Building Improvements
DEBT SERVICE
General Obligation Bond
Bancroft Bond & LID Expenses 24,666.31
UNIFIED SEWERAGE AGENCY
Contract 41,335.00
TOTAL AMOUNT OF CHECKS WRITTEN 302,919. 15
June 24, 1982
MEMORANDUM
To: Mayor and City Council
From: Doris Hartig, Finance Director �.wa
Subject: 74th Avenue Sewer LID - V. Stone Issue
Mrs. Virginia Stone, owner of property in the 74th Avenue Sewer LID #18, .
has requested time before you at the June 28th Council meeting. She
wishes to discuss the possibility of receiving a guarantee from the
Council that she will not be required to make payment in f ull on her
bancroft assessment upon sale of her land but that the assessment can be
transfered to a new owner.
Staff has spent considerable time dealing with Mrs. Stone on this
particular assessment. She has not signed the bancroft application form
yet (this was due in 1981) and she has not made any payments on the bill
as of this date. She is in the process of bankruptcy, however the U.S.
Bankruptcy Court has given permission to Mrs. Stone to sign the Bancroft
assessment request form and to make payments of the installments to avoid
any lien on the property or penalties for non-payment.
Staff's concern is that Mrs. Stone sign the bancro€t application form by
June 30, 1982 and that she make payments on the Bancroft assessment, on a
monthly basis, until the bill is brought current. The outstanding
balance due at this time is $922.44. Another billing in the amount of
$248.01 (+ interest) will become due November 15, 1982.
lw
June 14, 1892
MEMORANDUM
To: Doris Hartig
From: Loreen Wilson
Re: 74th LID - Stone Assessment History
The following list is in chronological order showing the events as the
file sets forth in the Virginia Stone assessment for 74th Avenue LID
#18. The file is incomplete in some areas but this is the general
outline of events in the issue.
o Mailed original assessment notice to Victor & Eva Borders c/o Gerald
Davis & Anita Romero on August 10, 1981. Was returned 'unable to
deliver' on August 31, 1981. Name received from title company.
i Billing was sent out in October, 1981 by Accounting. At that time
Mary Strickland and Randy Stevens researched the account further and
found that Washington County Records were in error and the true owner
was Virginia & Glen Stone. They contacted Ms. Stone and mailed a
copy of the assessment notice to her at 9300 SW Edgewood. Bill also
enclosed at that time. Ms. Stone refused to sign or pay until she
understood the bancroft process.
• November 30, 1981 - letter was sent to Ms. Stone (Mr. Stone does not
own the property) forwarding a copy of the billing and more
assessment notice papers for her signature. I spoke with her on that
date and she felt all her questions were answered. I then went on
vacation during part of November and December.
i During December and January, Accounting staff sent another second
billing on the assessment.
• January 28, 1982 I prepared a copy of the 11-30-81 letter and billing
and hand carried out to Ms. Stone. She stated she has never heard
from the City (by mail). She stated she would sign the document once
her attorney had a chance to look over the papers.
e During the month of February, I attempted to contact Ms. Stone
numerous times by phone. Each time I called, if someone answered, it
was reported that she was out for 'awhile' . When I finally contacted
her she was short and refused to have me handcarry out more papers.
She stated her attorney had been on vacation and she still needed to
have him look at the papers before she signed them.
o On March 15, 1982 Ms. Stone contacted me and stated that she was
going through bankruptcy proceedings. She also complained that the
billing was figured wrong for her property. We discussed the problem
on the billing and she was satisfied with our conversation. She gave
me her attorney's name and stated she would go to the bankruptcy
court and see if she would be allowed to pay this.
a Contacted John Durkheimer, Ms. Stone`s attorney, and he reported that
he was in the process of contacting the bankruptcy court and would
report the results to me soon.
I
a March 29, 1982 - received a copy of the letter sent to the bankruptcy
court by Attorney Durkheimer requesting that the Stone's be allowed
to make payments on the bancroft.
a About May 17, 1982 this office was advised by Ms. Stone that the
bankruptcy court would allow them to sign and pay the bancroft. I
requested updated billing information from Accounting so that a new
billing could be prepared. Ms. Stone expressed interest in being
able to make payments on a monthly basis until she could get the
assessment caught up.
a After trying to contact the Stone's for two weeks I was finally able
to visit them in their home on June 11, 1982. Mr. Stone read over
the installment application papers and stated they were willing to
sign and make very small monthly payments or token payments until
their property sold and then the new owners could handle the
payments. I advised the Stone's that the City's policy in the past
had been to require payment upon sale of the land. At this point,
they decided to not sign the papers. They report having told the
bankruptcy court that this lien would not be due upon sale. After
spending about an hour with the Stone's, we agreed the only way to
quarantee 'due on sale' would not be required of them would be to
request action by the City Council on the issue. They will be
contacting the City Administrator to request time with the Council on
the agenda of June 28th. I advised the Stone's that this matter
would have to be resolved by the 30th of June since it was the end of
the fiscal year. If a solution has not been found, the City would
turn this matter over to the City Attorney for further action.
If you have any questions, please call.
LW
John A. Butler
9760 3'.rl Omara
Tigard , OR 97223
26 June 1982
Tigard City Council
Tigard , OR
Concerning: LID POLICY
This is the third in a series of letters I 've sent concerning-,
the LID procedures for the City of Tigard. ivy main purpose is to
make the LID ordinance more fair to the citizens involved in the
LIP process. After all, councilmembers, you do represent the
people ' s interests.
It appears from the June 22, 1982 LID 'Policy and rrocess T�ra 't
Discussion Memorandum that little or no mention or consideration_
has been given do my previous two letters( dated April 1981 and
August 1981) regarding information and response cards as per House
Bill 2854. I still believe these ideas are valid; however, ice'
the council feels these ideas are too extreme , I still reel that
property owners deserve proper notice of an LID formation on an
individual bases. This, I feel, is not too much to expect when
sizable amounts of money are involved.
Section 13. 04. 040 "Notice" Tigard Municipal Code is an ideal
section to implement a more informative policy on LID formations.
It would be more appropreate and informative to send each affected
property owner a letter containing: 1) General information on the
LID, 2) Probable costs to that property owner, 3) Date and time
of hearing, and 4) Remonstrance procedures. This letter could be
a form letter with blanks fog the appropreate information.
I 'd also like to comment on the June 22, 1982 Memo LID Pro-
cedures Discussion: Item ,#1) I believe at least 50% of the
property owners should have to petition .for an LID; however, an
LID should be able to be formed by City Council alone by a unan-
imous action in a well "documented" health or safety hazard . I
emphasize documented to prevent a misuse of the ordinance and
because a majority petition did not start the LID. Item ;-Pf) I
believe Council should not be able to override remonstrances by
2/3 or more unless they are to be held financially liable forthe
LID costs or unless a well "documented" health or safety hazard
exists.
In closing, I 'd like this letter read into thepublic record
at the 28 June 1982 City Council M .hen 1� '�°re ssed.
( 11T
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M E M O R A N D U M
t
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT
DATE: JUNE 22, 1982
SUBJECT: LID POLICY AND PROCESS DRAFT AND DISCUSSION
POLICY
Below are statements from previous discussions at the April 19
and May 10 Council meetings on LID policy. This is followed by
a draft resolution from another city with changes made to reflect
the decisions from the previous dicussions.
1. LID' s are to be utilized to facilitate development of non-
existing or substandard systems to City standards.
2. The City' s involvement in the financing of local improve-
ment is primarily to meet an overriding public need, e.g. ,
oversizing and developments to extra capacity, unless the City
t is a property owner in the area.
3 . In the financing of local improvements by special assessments,
the City shall be protected from losses, both in terms of
time and money, due to changes in the ownership of a portion
of property or to delinquent accounts. Measures the City can
take include paid-in-full when property is sold and late
payment charges.
4. City Council wishes to reserve the right to review the
following on a case by case basis: health hazards including
traffic hazards, any variations or adjustments to the
standards (e.g. , due to rail road, flood plain issues) , how
much involvement on the part of the City' s funds for over-
sizing and enlarging capital improvements systems, deferred
assessments, and who can apply for Bancrofting.
Draft Policy Statement for Local Improvements by Special Assess-
ment (from Bureau of Governmental Research with changes and
additions) .
WHEREAS, the City receives requests for participation in local
improvements; and
WHEREAS, the Council desires to establish a uniform policy for
the participation in said improvements;
NOW, THEREFORE, BE IT RESOLVED that the Council does hereby
declare the policy of the City to be as follows:
Continued. . .
HONORABLE MAYOR AND CITY COUNCIL
JUNE 22, 1982
PAGE TWO
That the City policy on participation in public improvements for
parcels within the corporate limits of the City be on a first come
first served basis within budgetary limits in accordance with the
following criteria:
1. City be responsible for all engineering, administrative, and
inspection services.
2. City pay for costs in excess of required costs for standard
development for the area in order to provide for overriding
public need. The standards depend upon the land use and
zoning. City pay for costs from City property if involved.
All other costs, including administrative are paid by the
property owners.
3. The decision to order an improvement is made by Council given
the feasibility, the Engineer ' s Report, the health and safety
factors, and the opinions and attitudes of the property owners .
4. Variations due to special problems will be reviewed by Council
on a case by case basis, these include potential health and
safety hazards (including traffic) , exceptions and variations
to standards, the involvement of the City, deferred assessments ,
and who can apply for Bancrofting.
5. The City shall adopt enforcement measures so it will not bear
additional burden in terms of time and money due to changes in
ownership or to delinquent accounts. This shall be to recover
additional administration and finance costs and shall not be
a revenue resource.
LID PROCEDURES DISCUSSION
The procedures as stated in Chapter 13 of the Tigard Municipal Code
are compared to those discussed in a document by the Bureau of
Governmental Research. The nine major elements and a comparison
is shown on Table 1. The primary differences are listed below.
Recommendations from Council regarding these items will be used
in the revision of the Code. A copy of the Bureau' s example is
attached.
1. Initiation: the Tigard Municipal Code does not mention
petitions and criteria, such as a certain percentage of
property owners or property must sign a petition or a
non-remonstrance agreement.
2. Setting the Boundaries :
a. It is not stated in the Tigard Municipal Code that
the district is to include only the land benefited
by the improvement. This is stated in the O.R.S.
b. When shall boundaries be set?
Continued. . .
HONORABLE MAYOR AND CITY COUNCIL
JUNE 22 , 1982
PAGE THREE
3 . Investigation:
a. When should the Engineer ' s Report be available to the
public?
b. Should a preliminary report be prepared and presented
to Council on the economic feasibility?
C. Should this be clearly divided into two sections, or
remain flexible with the option of resolution?
4/5. Special Problems and Policy Considerations and City Financial
Participation in Local Improvements: when should Council
handle general policy problems, and specific individual
problems? When should Council discuss financing methods?
6. Notice and Hearing.
7. Remonstrances: Shall Council be able to override if there
are remonstrances from two-thirds or more?
8. Decision to Proceed.
9 . Assessments to Benefited Properties : When is the hearing
held and when is the assessment roll ordered revised due to
special and peculiar benefits accruing to the lot from the
improvements.
Other Sections of the Tigard Municipal Code compared to Sample
Code:
10 . Bids - The TMC contains an extensive section on this, even
though it is in the ORS.
11. Lien Record and Foreclosure Proceedings - (see attached) .
1 ELEMENTS BUREAU OF GOVERNMENTAL RESEARCH TIGARD MUNICIPAL CODE
INITIATION: According to INITIATED BY: INITIATED BY: Any department of the City
procedures adopted by the a. Petition, for health, safety, proposing to undertake a public improvement
Council to the extent the City convenience or expected economic in excess of $500 (TMC 13.04.110)
Charter does not prescribe the benefit
method of procedure b. Resolution by City Council
c. Recommendation from staff, for
health, safety, or orderly and
sound development
a SETTING THE BOUNDARIES: Include only land benefited by Council determines boundaries upon
Boundaries must be described improvements acceptance of the Plans and
in the initial resolution or Specifications
ordinance (ORS 223.389) may
extend beyond City limits for
City sewer projects (ORS 224,040)
or water projects (ORS 225.080)
3 INVESTIGATION: a. Council by resolution or ordinance a. Council requires from the City Engineer
declares an intention to initiate plans and specifications for the improve-
local improvement, directing the ment and estimates of the work to be
preparation of the engineering done and the probable cost thereof,
report, and may propose formula together with a statement of the lots,
for apportioning costs parts of lots and parcels of land to
b. Engineering report provides a be benefited and the percentage of the
description of the project, an total cost of the improvement which
estimate of probable cost, a list each lot, parts of lots, should pay on
of properties that will be affected, account of benefits to be derived.
and a recommendation as to the City Clerk shall have available in
feasibility of the project their office (TMC 13.04.030)
(see attached) b. Council shall approve, if satisfactory,
shall determine boundaries, declare
purpose, describe probable cost
by resolution (TMC 13.04.030)
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L E E 2!GINNCRIN^v
CONSULTING ENGINEERS/ PLANNERS
F Duane Lee PE.
David A. Lee P.E.
James G. Smith P.E.
June 23, 1982
Project No. 468.1
Honorable Mayor Wilbur Bishop
and City Council
City of Tigard
P.O. Box 3397
Tigard, Oregon 97223
Re: Cost Scenarios for Operation of Tigard Water District
Mayor Bishop and Council :
As the second step of our analysis of the Tigard Water District, Lee Engineering,
Inc. was authorized by City Administrator Bob Jean per our June 18, 1982, letter
agreement to prepare two scenarios for estimating the total costs of operating
the Tigard Water District over the next ten years.
The first scenario envisions continued operation of the District by the existing
District as it is constituted today. The second envisions operation of the
District by the City of Tigard and reflects the savings in personal services
and materials and services which are possible by incorporating the water distri-
bution functions within the City's existing Administrative and Public Works
Departments.
Both scenarios are based on the current District assumption as stated in the
Administrator's budget message for FY 82-83 that "no Bull Run water will be
required this year nor for the next five years." Therefore, between FY 82-83
and FY 86-87, it was assumed that all water would be purchased from Lake Oswego
except for approximately an average of one million gallons per day (mgd) produced
by the District 's wells during the four-month summer period. After FY 86-87,
it was assumed that pumped Bull Run water from the Burlingame system would be
purchased during the peak demand month to make up the difference between the
Tigard Water District's average daily demand during the peak month and the
capacity of the Lake Oswego water treatment plant.
Implicit in the District 's assumption is that the capacity of the Lake Oswego
water treatment plant is 16.1 mgd and that Lake Oswego's average daily demand
during the peak month in FY 86-87 will not exceed 8.0 mgd. Therefore, 8.1 mgd
will be availble to meet the District's projected average daily demand during
the peak month through FY 86-87. However, as discussed in our memo of June
21, 1982, which summarizes our conversations with the City of Lake Oswego, the
City's water treatment plant currently can produce no more than 12.5 mgd of
finished water when pumping against the head provided by the Waluga reservoir
708 MAIN ST., SUITE 202, OREGON CITY. OREGON. 97045, PH 503-655-1342
Mayor Bishop and Council
Page 2
June 23, 1982
from which water is furnished to the District. Therefore, until more detailed
engineering studies are performed, it appears that the plant capacity is 22%
less than that assumed by the Tiqard Water District. This implies that the
District will have to continue to purchase water from Portland over the next 10
years rather than just between FY 86-87 and FY 91-92 as assumed in both scenarios.
A second questionable aspect of the District's assumption is that the City of
Portland will be willing to continue to sell water to the District only during
the peak demand months. The City's proposed 25-year contract with outside water
purveyors requires that the purveyors purchase Bull Run water in an amount equal
to a fixed percent of their total water consumption. Our conversations with
Portland Water Bureau officials make it clear that the intent of this provision
of the contract is to have that percentage remain relatively constant on a
month-to-month basis.
Finally, it must be recognized that the District presently does not have any
long-term contracts for water supply. Although the District has signed and
forwarded contracts to both Portland and Lake Oswego, neither contract has been
signed and returned. Therefore, assumptions about purchasing water in the
future from either Portland or Lake Oswego are rather tenuous.
However, using the District 's assumptions about future purchases of water and
other assumptions based on our best understanding of conversations with both
the City of Tigard and the Tigard Water District, the two scenarios were developed
and are summarized below. Figure 1 compares the total expenditures projected
over the next ten years for operation of the water system by the Tigard Water
District (Scenario I) and for operation by the City of Tigard (Scenario II).
In both scenarios, expenditures drop initially in FY 83-84 because the District
will no longer purchase water to sell to the City of Tualatin; rise in FY 84-85
due to inflation; drop again in FY 85-86 due to a reduction in capital outlay
for water main construction; and then rise steadily over the next six years as
the result of a 6% projected inflation rate. It should be noted that total
expenditures are approximately 11% less under operation by the City of Tigard.
This results from the cost savings in personal services and materials and
services which are possible by incorporating the water distribution functions
within the City's existing Public Works and Administrative Departments.
Figure 2 compares the retail price of water projected over the next ten years
resulting under operation of the water system by the Tigard Water District and
under operation by the City of Tigard. The price shown is based on the total
cost of water obtained by dividing the sum of the annual cost of general
operating expenditures and the annual cost of bond retirement by the annual
amount of water sold. In other words, rather than using taxes to pay the bond
costs, it was assumed for ease of comparison that water sales revenues would be
used instead. Jn both scenarios, an initial increase in the price of water
during FY 83-84 is required because of the reduction in the beginning General
Fund balance due to the construction of a $660,000 reservoir in FY 82-83 and
because of the loss of approximately $200,000 of profit from the sale of water to
Tualatin. Tualatin will begin purchasing its water from Portland in April
1983. During FY 83-84, the rates are projected to jump 19% under Tigard Water
Mayor Bishop and Council
Page 3
June 23, 1982
District operation but only 7% under City of Tigard operation. The rates will
then remain constant for several years under both scenarios as capital outlays
decrease faster than inflation increases expenditures. For Scenario I, rates
must be increased again starting in FY 89-90 due to inflation. However, under
Scenario II, rates do not have to be increased until FY 91-92 because of the
reduced personal service and material and service expenditures made possible
by City of Tigard operation.
Therefore, Figures 1 and 2 clearly demonstrate that under the assumptions made
for the two sceanrios, both total expenditures and retail water prices will be
approximately 11% to 12% less if the City of Tigard operates the Water District.
The limitations of the assumptions concerning availability of surplus water from
Lake Oswego and Portland must be recognized in both scenarios. However, since
the same assumptions were used for both scenarios, the general conclusion that
costs will be less under operation by the City of Tigard will be true no matter
where the District purchases its water in the future.
We appreciate this opportunity to be of service to the citizens of Tigard and
will be happy to answer any questions which you may have about the scenarios.
Respectfully,
LEE ENGINEERING, INC.
Walter C. Mintkeski , P.E.
Enclosures
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ANALYSIS OF TIGARD WATER DISTRICT
COMPARISON OF STAFFING LEVELS & COSTS FOR TIGARD WATER DISTRICT
& CITY OF TIGARD TO OPERATE THE TIGARD WATER DISTRICT
POSITION TIGARD WATER DISTRICT CITY OF TIGARD
A. FIELD PERSONNEL
1. Administrator/Engineer 1 x $42,800 = $ 42,800 .5 x $41,400 = $ 20,700
2. Superintendent 1 x 38,000 = 38,000 1 x 29,300 = 29,300
3. Leadman #1A 1 x 28,200 = 28,200 1 x 22,200 = 22,200
4. Leadman #1 1 x 27,000 = 27,000 1 x 22,200 = 22,200
5. Waterworks Opr. #1A 1 x 25,500 = 25,500 1 x 20,500 = 20,500
6. Waterworks Opr. #1 1 x 24,800 = 24,800 1 x 20,500 = 20,500
7. Waterworks Opr. #2 1 x 22,800 = 22,800 1 x 18,900 = 18,900
8. Waterworks Opr. #3 1 x 21,800 = 21,800 .5 x 17,200 = 8,600
9. Waterworks Opr. #3 1 x 21,800 = 21,800 0 x 17,200 = 0
10. Overtime 14,400 10,000
11. Field Labor 28,000 0
Subtotal 295,100 172,900
B. OFFICE PERSONNEL
r 1. Bookkeeper 1 x $20,500 = 20,500 1.5 x $18,400 = 27,600
2. Office Manager 1 x 18,000 = 18,000 0 x 16,200 = 0
3. Temporary Ofc. Help 6,100 0
Subtotal 44,600 27,600
C. BENEFITS 83,300 57,300
TOTAL PERSONNEL COST
(FY 83-84 dollars)
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a ;:
_. L E �NICIQVEERING EMEMORANDUM
_
CONSULTING ENGINEERS A PLANNERS
TO: Files, Lake Oswego, Tigard
PROJECT: Tigard Water District Analysis - 468.1
SUBJECT: Meeting with City of Lake Oswego
BY: Walt Mintkeski , P.E. � 1�1
DATE: June 21, 1982
Duane and I met with John Godsey, City Engineer; Duane Cline, Maintenance
Service Director; and Dick King, Chief Operator of the water treatment plant,
at Lake Oswego City Hall. John Godsey had requested we meet to discuss in
detail our questions regarding the capacity of the Lake Oswego water system
available to supply surplus water to the Tigard Water District. John indicated
that the City was having some difficulty with its finished water flow totalizing
system and that further adjustment and calibration of the system was necessary.
However, Dick King presented the following results of the plant's total finished
water production during the last three days of hot weather as measured by the
mechanical totalizer on the propeller driven effluent water meters.
June 17 - 11.85 mg
June 18 - 12.35 mg
June 19 - 10.88 mg
In addition, Duane Cline reported that readings taken at the City 's master
meter at the Tigard Water District 's booster pumping station near the Waluga
reservoir indicated that the City was able to provide an average of 4.5 mgd to
the District during this same period. Both the readings at the water treatment
plant and at the booster pump station are felt to be accurate within 1% because
they were taken directly off the mechanical totalizers on the propeller driven
meters rather than from remote telemetering stations. Therefore, it appears
that the present peak capacity of Lake Oswego water treatment plant is 12.5
mgd and Lake Oswego's peak demand is approximately 8 mgd, leaving approximately
4.5 mgd as surplus water available to the Tigard Water District.
The discussion focused on why the water treatment plant, designed for 16. 1
mgd, is only capable of pumping 12.5 mgd of finished water. The finished water
pumping system consists of three vertical turbine pumps , each producing 3,750
gpm and one standy-by vertical turbine pump capable of producing 6,500 gpm.
Finished water is transmitted from the water treatment plant through approxi-
mately 4.5 miles of 24" line to Iron Mountain Road and from there through 2.5
miles of 18" pipe to approximately 1,000 feet of 24" pipe into the Waluga reser-
voir. The pipe is steel , approximately 13 years old, and designed for 200 psi.
The peak pumping rate of 12.5 mgd was achieved by operating the three 3,750
gpm pumps at approximately 175 psi discharge pressure. The static head against
which these pumps must operate is approximately 82 psi as measured by the
70A MAIN Si.. SUITE 202. OREGON CII Y, OKEGUN 97�a; P.; 503.6" 1]A?
Memo - 468.1
Page 2
June 21, 1982
difference between the 320 foot elevation at the Waluga reservoir and the 130
foot elevation of the water treatment plant. Thus, the head loss in the trans-
mission main to the Waluga reservoir is approximately 95 psi. At the 12.5 mgd
pumping rate, the velocity in the 24" line is approximately 5.6 feet per
second, which is not excessive. However, if the full rated capacity of 16.1
mgd ►•sere flowing through the 24" line, a velocity of 7.2 feet per second would
be experienced.
John Godsey stated that in order for the plant to reach its full capacity ,
either an intermediate booster pumping station along the transmission main or a
new parallel transmission main would be required. In addition, because the
three existing water intake pumps can only deliver 14 mgd of raw water to the
plant, improvements to the raw water delivery system must also be undertaken in
order to reach full plant capacity.
In conclusion, at the present time, it appears that the City of Lake Oswego can
only deliver a maximum of 4.5 mgd to the Tigard Water District. In order to
reach the 16.1 mgd rated capacity of the water treatment plant, improvements
in both the raw water pumping system and finished water transmission system
are necessary. However, before any conclusions can be reached as to what
improvements are necessary, a detailed hydraulic analysis of the Lake Oswego
water treatment plant, water pumping system and distribution system is required.
WCM:dlj
6-21-82
CITYOFT11FARD
WASHINGTON COUNTY,OREGON
June 28, 1982
MAYOR AND CITY COUNCIL
CITY OF TIGARD, OREGON
SUBJECT: WATER REPORT
Honorable Persons:
Last October, 1981, you set as one of your goals "the study
of the feasibility and desirability of the two water districts
possibly becoming a City Department" . In seemingly unrelated
areas, you also set goals regarding completion of the
Comprehensive Plan, development of a long-term financial plan
and establishment of an economic development program. Public
facilities and economy are essential parts of the Comprehensive
Plan. Total property tax rates and an assured supply of water
are major factors in any economic development program. In one
way or another, these separate goals became closely inter-
related.
In May, 1982, the City was advised that the Tigard Water
district might not be adequately providing for a long-term
water supply. The City accelerated its examination of the
water situation. This report is intended to summarize the
findings of our studies to date and to outline future alterna-
tives for your consideration.
SUMMARY OF FINDINGS
The City of Tigard is served by two water districts: the
Metzger Water District and the Tigard Water District. Both
water districts serve urban areas outside the City as well
as those areas inside the City. Both districts rely upon
outside water providers for almost all of their water. Both
water districts are financed by a combination of property tax
levies and customer user fees. The City has the statutory
authority to withdraw itself from either or both of the
districts and to provide water service directly via the City.
Continued. . .
P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 `
MAYOR AND CITY COUNCIL
WATER REPORT
JUNE 28, 1982
PAGE TWO
Given the City' s historical growth pattern and irregular
service area boundary, it has been more efficient to the
community to receive water service from the districts.
Now -- given growth and annexation -- the situation has
changed significantly, and it may be more efficient and less
costly to the community for the City of Tigard to provide
those water services.
Of the two districts, the City of Tigard is:
METZGER W.D. TIGARD W.D.
Land Area + 33% 67%
Assessed Value 30% 70%
Water Sales + 25% + 75%
For all intents and purposes, the City of Tigard IS the Tigard
Water District and a major part of the Metzger Water District.
Hardly a week passes without some resident calling City Hall
with a complaint or question relating to water. To further
confuse the situation, some portions of the Metzger Water
district within the City of Tigard are served out-of-district
by the Tigard dater District. The Metzger District has
recently started to serve these areas directly, which requires
a costly over-build of the existing Tigard Water District
system. Some portions of the Metzger Water District inside
the City are taxed twice by the Metzger district. Water
services via the City could eliminate the confusion, and fiscal
inequities . By putting City water on a cost-of-service basis--
totally on rates and eliminating the water district' s property
tax levies to City areas--the City may be a more accountable,
efficient and less costly provider of water services.
The advantages of an independent City Water Department or some
merger of the water districts with the City have been the
topic of discussion for many years. In 1969, then Tigard City
Administrator, Steve Telfer, outlined six operating economies-
of-scale from a merger which are even more relevant thirteen
years later: 1. equipment savings; 2. shared yard storage;
3. maintenance and shop facilities; 4. communications;
5. billing and accounting; and, 6. peak work load and emergency
staffing. Joint purchasing, insurance, coordination of projects
and other cost-saving opportunities could easily be added to
the list. It is only now, however--with recent annexations and
the past heavy growth in assessed value along the I-5 , 217 and
Pacific Highway corridors--that the operating economies-of-scale
AND tax structures combine such that the Tigard community can
be better served with water by the City of Tigard.
Continued. . .
MAYOR AND CITY COUNCIL
WATER REPORT
JUNE 28, 1982
PAGE THREE
WATER SUPPLY
The City staff is reasonably satisfied with the Metzger Water
District supply situation. The City should, however, have
some real concerns as to both the short and long-term supply
of water for the Tigard Water District, that affecting over 75%
of the City.
In the short-term, the five years to 1987 , area supplies were
thought to be in excess of area needs, and water at market value
was generally thought to be available. With their new 16 MGD
water treatment plant, Lake Oswego was thought to be a likely
source of high quality/low cost water for most of the Tigard
District needs through 1987 or their next phase of plant
expansion. Recent engineering studies by the City ' s consulting
engineer, confirmed by the City of Lake Oswego, reveal that the
system can presently deliver only 12 MGD--more than enough for
Lake Oswego, but not for Tigard beyond the next few years . That
leaves the City of Portland as the only other source available
in the short-term, and long-term negotiations may jeopardize
that.
Long-term supply is the City ' s major concern with the Tigard
Water District. The Tigard Water District has no assured long-
term supply of water. The District has implied that is does
have a long-term supply. This is not true. the District did
sign a 25-year water supply contract with the City of Portland
for less than 10% of its supply, but that contract has not been
signed by Portland, since the effective date of the contract is
still in dispute. The District did sign a "surplus water only"
contract and send it to Lake Oswego, although that contract
remains unsigned by Lake Oswego. Two unsigned contracts
guaranteeing less than 10% and at best only 50% of the District ' s
water needs is not a long-term supply. The District ' s only other
direct source option is the development of a Willamette source,
which studies show to be the highest cost option through at
least the year 2000. The District is in fact taking a multi-
million dollar gamble with the community' s future.
COST
By combining water district property tax levies with annual
operating budgets, a comparatively true cost-of-service water
rate can be determined. On a true cost rate basis , both the
Metzger and Tigard water districts have among the highest water
rates in the area. The high Tigard Water district true cost
rates are even more concerning when it is realized that the rates
would have to almost double if the Willamette source were to be
developed.
Continued. . .
MAYOR AND CITY COUNCIL
WATER REPORT
JUNE 28, 1982
PAGE FOUR
As mentioned earlier, the economies-of-scale of a City Prater
Department or merger of City and district operations would mean
cost-savings to the community. Specifically, City operation of
water services could save the community 11-12% on annual opera-
tions, or over $2 million in the next ten years. True cost
water rates could be 19-20% lower over time via City water.
FUTURE ALTERNATIVES
There are essentially four alternatives relating to water services
available to the City of Tigard:
1. Do Nothing. Allow the water districts to continue to
provide water service, perhaps with a greater City
involvement in long-term supply decisions;
2. Act Immediately. By ordinance of the City Council--after
proper notice, a Public Hearing and subject to referendum
by the voters of the City--withdraw from either or both
water districts;
3 . Withdraw but Merge Operations. With cooperation from the
water districts, withdraw the City portions from the
districts, but set operations under a joint board serving
City and remaining district areas.
4. Act Later. Any City action should be complete and past
the referendum process before the City' s six-month
extension from Portland has passed, meaning December 25,
1982. Merry Christmas.
Under the Do Nothing alternative, the least that the City should
do is develop an active role with the districts in long-term
water supply planning and decision-making. Since the Tigard
Water District' s urban growth boundary is essentially the same
as the City' s each annexation brings the City and the District
ever closer to being the same. If $2 million can be saved in
operations and if the areas are essentially the same, some
change in the current situation seems logical . Furthermore, if
the district is right about long-term supply, at best we will
have the highest cost system for at least 20 years. If the
district is wrong about supply, we could be without enough water
in 3-4 years. Any operational cost-savings or long-term options
available to the District are available via the City. But
significant operational cost-savings and major long-term supply
options are now available only through the City. To avoid
service area confusion, to achieve maximum cost savings, and to
assure a full-range of long-term supply options the City must
reject the Do Nothing alternative.
Continued. . .
MAYOR AND CITY COUNCIL
WATER REPORT
JUNE 28, 1982
PAGE FIVE
The Act Immediately option should only be used if either the
water districts seek to make an irreversable change or committ-
ment inconsistent with the City ' s view of community interest.
The organizational desire of a special district to survive, even
if it has served its purpose, should not be underestimated.
Acting immediately does allow maximum time for a referendum
election and arbitration or litigation as to the distribution of
assets . There is still some information which should be developed
and some other alternatives to be explored in my opinion before
any final City Council action on this issue. Therefore, I
recommend against the Act Immediately option, but some monitoring
of District actions or assurances from District Board Members
should be pursued.
The Withdraw/Merge alternative is the only option which satisfies
all concerns. The gradual merger of operations can provide a
smooth transition, achieve maximum efficiencies and assure
continued effective service delivery. The withdrawl and merger
puts a legal veto in the City Council ' s hands , especially
critical as to any long-term supply decisions, yet continues
the years of experience available with District Board members
and staff. This option would likely eliminate the need for a
special referendum election, and potentially costly arbitration
or litigation proceedings. This is the preferred option, if
reason and service to the community are to prevail over person-
ality and ego.
The Act Later alternative means no later than this fall , after
yet needed information has been gathered, and if the cooperative
Withdraw/Merge option fails. Even if the Withdraw/Merge option
is selected and discussions underway, the City must simultaneously
pursue the information and process as if the Act Later option
were selected. Otherwise, the districts could use the Withdraw/
Merge option as a delaying tactic and eliminate many of the City' s
options.
RECOMMENDATION
It is the recommendation of City staff the City simultaneously
pursue the Withdraw/Merge AND Act Later alternatives. Timelines,
work programs and budget estimates for these studies should be
developed immediately and presented at the next Council meeting.
The City should request a joint meeting of the Metzger and Tigard
Water District Boards with the City as soon as possible. All
affected surrounding jurisdictions should be encouraged to part-
icipate in the study process. Full public notice, informational
efforts and maximum citizen involvement should be endorsed by
all affected jurisdictions.
Continued. . .
MAYOR AND CITY COUNCIL
WATER REPORT
JUNE 28, 1982
PAGE SIX
Strong consideration should be given to referring the decision
directly to the voters of the City of Tigard, since ultimately
this is still a City of Tigard decision.
The objectives of the City of Tigard should be clearly under-
stood as:
o To assure a long-term supply of water at an affordable
price;
o To achieve maximum operational cost savings efficiency
while maintaining effective service delivery;
o To lower property taxes related to water services so to
keep City of Tigard area total property taxes among the
lowest in the State;
o To accurately inform and fully involve the community in
the decision-making process;
o By price, supply and lower taxes, to enhance the City' s
economic development efforts;
o To better serve the community at a lower cost.
I thank you for the opportunity to present this Water Report.
Yours truly,
CIT OF TIG RD
R bert Jean,
City A istrator
RWJ : dkr
Attachments:
-- "Analysis of the Tigard Water District for the City of Tigard" ,
May, 1982, Lee Engineering, Inc.
-- "Final Report-Analysis of the Tigard Water District" , Letter of
June 14, 1982, F. Duane Lee, P.E.
-- "Meeting with City of Lake Oswego" , Memo of June 21, 1982 ,
Walt C. Mintkeski, P.E.
-- "Cost Scenarios for Operation of Tigard Water District" ,
(: Letter of June 23, 1982, Walter C. Mintkeski, P.E.
-- "Acquisition of Water District" , Memo of April 30, 1982,
Ed Sullivan, City Attorney
-- "Water District issues" , Memo of June 11, 1982, Ed Sullivan, C.A.
-- Letter to Dr. Martin Johnson, 7/2/69 , Steve Telfer, City Admin.
-- "Water Supply Study", Tigard Water District, June, 1980,
Robert e. Santee, Administrator
O'DONNELL. DATE June il , lyiiL
SULLIVAN & RAll
ATTORNEYS AT LAW
1727 N.W HOYT STREET TO E.7S
PORTLAND. OREGON 97209
15031 222-4402 FROM PEG
RE: water District Issues ?E3q 1982
Attached is a copy of Bob Jean ' s memo raising the three issues
discussed below:
1. CONCLUSION. Yes. The concept of a "firm supply of surplus
water is valid as long as that surplus supply is provided.
DISCUSSION. My discussion with DeMar: Batchelor, Gordon Osaka
and Carl Gobel all confirm that the "surplus water clause found
in Section 1 of the City of Portland' s 25-year water contract
stems from a City of Portland Charter provision allowing the
city to sell only its surplus water_
From a contract standpoint, Portland ' s promise to provide its
surplus water in return for various charges, can amount to an
illusory promise and thus void the contract. See Corbin on
Contracts, s 152 . However, the agreement is made binding by
performance - even part performance - so far as the part actually
performed. Corbin, S 152 ,
Therefore, -even though surplus water may not always be available
to outlying water districts, the Portland contract will be bind-
ing on both parties as long as Portland provides the surplus
water to the districts.
From a practical standpoint, Portland ' s supply of water is subject
to natural variations, and in the event of a shortage the curtail-
ment priorities are set out in Section 9 of the City of Portland' s
25-year waT.i�;r contract. Section 9 places the highest priority
on domestic water uses in the City of Portland, followed by
domestic uses in outlying districts, then all commercial/industrial
uses, all irrigation uses, and finally all nonessential uses.
2. CONCLUSION. No. Tigard has no contract right as to Wolf Creek' s
option to purchase excess line capacity from Metzger or Tualatin.
Rather, if Tigard annexes part of Metzger, it will acquire
Metzger' s liability to sell excess line capacity to Wolf Creek.
DISCUSSION. The question presented confuses the rights and
liabilities of Metzger. As to wolf Creek - Metzger contract,
Metzger' s right is to be compensated for supplying excess line
capacity to Wolf Creek, and its liability is to provide that
excess capacity. Therefore, upon withdrawal, the issue becomes
whether Metzger' s contract liability to provide that excess line
capacity to Wolf Creek is transferred when part of Metzger is
withdrawn by Tigard. ORS 222. 520 (2) provides in part that:
"The part thus withdrawn shall thereby not be relieved
from liabilities and indebtedness previously contracted
by the district. . . '°
PEG:dn
6/11/82
Paae 1
O'DONNELL. DATE June 11 , 1982
SULLIVAN & RAMIS
ATTORNEYS AT LAW TO EJS
1727 N.W HOYT STREET
PORTLAND. OREGON 97209
r
1503) 222-4402 FROM PEG
RE. Water District Issues
From the plain meaning of the statute, a previous contract to
sell excess line capacity is probably within the sbope of the
statute. The fact that the legislature chose-'to mention liabili-
ties in addition to bonded indebtedness suggests that all contract
liabilities are transferred with the district upon withdrawal .
The second question here relates to apportionment and duration of
that liability. The answers to these questions will require
further investigation into the Metzger/wolf Creek contract which
is being sent by DeMar ' Batchelor to this office.
3. DISCUSSION. ORS 222.520 (2) prescribes the method for levying
future taxes to retire existing debts at the time of annexation.
"For the purposes of paying such liabilities and
indebtedness of the district, property in the part
withdrawn shall continue to be subject to assessment
and taxation uniformly with property in the area re-
maining in the district. The city of which it became
a part shall, however, assume such obligations if the
obligations assumed do not bring the total of the city ' s
obligations above any applicable limitations prescribed
by statute. "
With ORS 222.520 the city has the option of assuming these
obligations in either a lump sum payment or by annual payment
until the debt is extinguished.
I have discussed this matter with Jim Mattis and he agreed that
the statute does not expressly provide for the old district to
continue to tax directly into the new district. George Birney
has confirmed this observation.
Also, ORS 199. 510 (3) provides that:
. .the territory withdrawn or transferred shall be free
from assessments and taxes levied thereafter by the
affected city or district losing the territory. However,
the withdrawn or transferred territory shall remain
subject to any bonded or other indebtedness existing
at the time of the order. . . "
The ambiguity in the statute apparently stems from the heading
of ORS 222.520 which reads: "ANNEXATION OF LESS THAN ENTIRE
DISTRICT; ASSUMPTION OF LIABILITIES BY CITY OPTIONAL. " However,
PEG:dn
6/11/82
^SULLIVAN a RAMIS
ATTORNEYS AT LAW TO Eis
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
15031 222-4402 FROM PEG
RE: Water District Issues
as described above the "optional" reference applies only to
the city' s option of assuming the debt in a lump sum or in
an annual fashion until the debt is retired. There. are no
statutory provis3-ons for the
d district to
taxation. Further, the heading is not part of the statute ct
t
a
PEG:dn
6/11/82
Page 3
Z
CITY OF T167 RD
WASHINGTON CCIfNTY.OREGON
MEMORANDUM
TO: Ed Sullivan, City Attorney
tew)
FROM: Bob Jean, City Administrator 64-61
DATE: May 26, 1982
SUBJECT: Water District Issues
There are three sub-issues on which I need some legal assistance to clarify.
Frank Currie can provide more details. Please see what you can determine by
June 14, or June 21 at the latest.
1. Based on the City of Portland 25-Year contract, will the concept of a
"firm supply of surplus water" hold legally. The contract provides for
curtailment by wholesale customers the same as for Portland's own retail
customers. Please contact the attorney for both Wolf Creek and Tigard
Water District for their views, then City of Portland via Carl Goebel
at the Water Bureau - 248-4178.
2. Wolf .Creek has the right of first refusal on the use of surplus water
line capacity by Tualatin or Metzger in excess of their needs. Since
our studies show that Metzger has 3-6 MGD of line capacity in excess of
their needs, if we can annex part of the Metzger District into Tigard,
can we then get all or part of that contract right in the division of
assets without being subject to Wolf Creek approval?
3. Assuming we annex the portions of the Tigard and Metzger Water Districts
within the City into the City's water system, how are the levying of
future taxes handled? Can we at the time of division of assets simply
pick up our obligation share on outstanding debt and pay as we best
determine from taxes or rates? Or, would the remaining districts still
levy taxes directly within our areas until these debts were paid, essen-
tially continuing to milk our resources?
cc: Frank Currie
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
O'DONNELL DAIF April 30 , 1982
.SULLIVAN & RAMIS
•' ATTORNEYS AT LAW TO Bob Jean, City Administrator
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
(503) 222.4402 FROM Ed Sullivan, City Attorney
RE City of Tigard - Water & Sewer:
Acquisition of Water District
I am responding to the questions you asked in your letter of April
25, 1982 regarding specific steps for acquisition of water districts.
The responses are provided in the order of your questions .
1. We have reviewed again ORS 199 .487 (2) and ORS 222 . 530 and
find that ORS 222.530 is confined to a narrow group of districts , not
including water districts. Therefore, you do not need to be concerned
about any certifications relating to 60% threshold. We have concluded
that the 60% threshold is inapplicable in this case.
The relevant statute for our purposes is ORS 199 .510 (2) (b) . We,
with the concurrence of Boundary Commission staff and Jim Mattis of
the Bureau of Governmental Research, have construed the statute to
exempt the annexation to a city and simultaneous withdrawal from a
Chapter 264 water district from Boundary Commission jurisdiction.
However, you should be aware that this section could be construed to
be only applicable to the "financial effects of transfer or withdrawal"
as implied by the title of ORS 199.510 . Applicability of Boundary
Commission jurisdiction could be challengable on this ground. The
general section of the statute on the authority of the Boundary
Commission over this type of annexation/withdrawal says that "ORS
222. 111 to ORS 222.170 and the statutes of the state that govern
annexation of territory to, or withdrawal of territory from, districts
do not apply in territories subject to the jurisdiction of a boundary
commission" . ORS 199 . 487 (2) .
2.-3. No, the city could not act by an emergency clause because
" [t]he ordinance. . .is subject to referendum" . ORS 222 . 524 . Ordinances
enacted under an emergency clause are not subject to referendum. Of
course, the Council could act in one day by unanimous vote so long
as the ordinance is still subject to referendum.
4 . "An ordinance (other than emergency enactment) enacted by
the council shall take effect on the thirteenth day after its enact-
ment. " Tigard City Charter, Section 36. (The ordinance is subject
to referendum for 30 days after the Mayor_ signs it. Tigard Municipal
Code 1.12.090. ) However, taking the effective date as the thirteenth
day after enactment, the water district' s governing body must take
action to turn over its facilities in the area taken over by the
city. ORS 222.540.
"If the city is not satisfied with such property division made
by the district governing body, or if , within 90 days from the
effective date of the withdrawal the governing body has failed
to act to make a division, the city' s governing body may request
. . . (the) board of county commissioners. . .to decide upon such a
z_.. division. " (Emphasis added) Id.
The county board must give ten days ' notice of hearing to the
district and then the county' s decision may be appealed within 30
days. (ORS 222. 540 (2) 1 (3) .
EJS:mch
4/30/82 - Pa e 1
O'DONNELL, nATF April 30 , 1982
,,.SULLIVAN & RAMIS
ATTORNEYS AT LAW
TO Bob Jean
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
15031 222-4402 FROM Ed Sullivan
r-
RE Acquisition of Water District
The short answer is that there is no way to predict how long
the entire process "to full authority" will take. It could be as
short as two weeks and it could take several months, longer if there
is a referendum or appeal or both.
I think the above discussion also responds to your questions 1-4 in
the second part of your letter. The Council could hold its hearing
on May 24 if the appropriate notice is given. See Steve Crew' s
memo of January 6, 1982 . The ordinance could be enacted by
unanimous vote that evening and would become effective in 13 days.
After that, the timetable is in the hands of others.
If the city chose, it could elect to pursue a "minor boundary
change" as set forth in ORS 199.490, if the Boundary Commission
agrees that it has jurisdiction. Boundary Commission staff doesn' t
think that it does now; we might have to persuade them or they may
change their own minds. The steps for the process of a minor
boundary change are set forth in ORS 199 .490 . These, too, do not
have a detenuinable end and could be lengthy.
EJS a inch
4/30/82 - Page 2
July 2, 1969
A. Martin Johnson, SLD.
medical Aids Bu ICU=
Tigard, Oregon 97223
]Dear Mtarty,
This is just a quick lett*r of follaw;ap to ourmeetingat
lunch yesterday. A zv3oore detailed letter with some rather
specaifia proposal® x111 follor+ shortly.
Beaverton city offic3ial& have inforeod sae that msrday and
Tuesday the week before last (during the extremely hot
weather), officials from the City of Portland Water Dareaau
etified then about an extxeaely lOw water level In the
storage raservoir serving ne&verton with null Ptun ester.
The level apparently reached 6 feet, and Beaverton was told
that if the level were to recede below that, Portland would
haw to dales the valves connectia g the B6awrton systum*
in the interests of the residents of Portland.
an further research, Z concur coaepletely with Ron Baines•
opinion that no s+aanicipamlity May contract a guaranteed supply
of water with another where there is bond financing by the
supplying source, outstanding. This pacodudses a rather cog*nt
aarg meaat for not putting all of Oft" 0998 in one basket.
Z have reviewed with both gW public Works Director and Pdab9.ic
Works 9operl ntaendent the feasabilitY of combined operations
with the water district, and have discovered several plaints
of interest. (1) In the opinion of the Public Works Buper-
intendent. an operational =Gx9Qr of the uLstriat and City
would result in the immediate saving to the tamer of the
cost of on® dM=p trudak and one backhoe. These are stases that
are budgeted for acquisition in the City°s 1969-� budget.
The water district currently owns both the dump
and
back , and in the Opinion Of our superintendent., these could
be utilised too for extent if the operation were esr9e4.
(2) The district is currently halving difficulty with storage
space for pipe and supplies on hand. The City and its plant
facilities an Burnham Street has plenty of adequate land
available Zor outdoor storages and would be mare than willing
to provide this, at no cost, for the District to utilize.
(I) The City operates as well-staffed shop facility, including
a Journeyman mechanic. Tt would mom logical that the City
could slaintaain the Distrieat•s vehicles mend equipment an a
schadelod basis, using work orders as we do with our own City
departments, and charging the cost of this nainteernasnce on a
tune-and-naterials basis at our cost.
(4) The City, in its 1969-70 budget, has Aso budgeted for
the acquisition of a wase stations and one wile unit for the
Public Wbrks Departnent, As we haver discusseed! earlier, At:
old be vwxy logical for the leabliea Works Depwtnent and
Water District to enlarge their radio operat"ns, which old
require modification of the DLetxiet•s awLstIM faae LlAtlew
and an &MILesation by both aganales for a new 11cozoeo I
have rued the loom relpirosentative of jestorola to pro-
wont a proposal &I*" thmm lines for aosssideraat:.i on bV the
City 0030011 and Board of sio ss..
(s) 3Illiea * Zt:' le currently ly dome by both agenaLe4a dupli-
aating met aA omfasing tho useas. Again, it so== logical
that these funaations coul A be cosibined for greater esffIaL envy
mid better utiUmationa of s "yment.
(6) It wan also pointed out that an operational nmrSere ld
aAlov better utiUxaation of maxWowev during ring peak work loads.
In manu eaaseso with districts, a 3-eeaann crew is. not onmqh to
eftiaLent3y ush g waw r epair. Likewise. the
City9 s carer Is often short da rIn g eterta Ln any
opserst tone 22me turn, of the anew womidt cwoa►te as fax
more aaazdAxurUA effawt in water lime construction, inammah
an oux train" ctreBw old m in to take cars of back-21114ng
and road repair, rather than having the district contract for
this work.
2amars area O iouslyother benefits that cam be derived
with she 40a of scale". Z ado bellescve, hwevere that
appmoackJag an operatlowU merger or o Wlete merger should be
aamoplIshed an a$ step- -®tom pcoasse, in oft to allow both
agonaLos to efaiaa respect and trust for one another. I will
t hors re Las serious work an wame of the more Immediate
possibilities. It to %W hope that amm Carroll will take some
of mV written to your Board for their consi-
deration. -Z will, of course, att+Vt to keep you posted ahead
of time as to Various rawraimo, no haat you MW have an oprgor-
tunity to lobby in their favor.
M:st a°ta t:$y o e w--vo1d nke to tse--- the Board of inslonere
explore a Jointly financed planning program involving broth the
page 3
short-term :L nterim solution and long-tom solution affecting
the ,rater users in the Metzger and Tigard Water Distric".
ror your icntorest and support, I will c ont:Lnue to keep you
posted on our progress.
Sincerely yours,
stephen M. Telfer
City Pd1m4nistrator
p
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DE HAAS & ASSOCIATES, INC.
CONSULTING ENGINEERS&SURVEYORS
SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070
9450 S.W. COMMERCE CIRCLE
(503) 682-2450
June 28, 1982
MEMO
To: Bob Jean
From: Marlin J. De Haas
Subject: Status of Construction - 72nd Avenue.
Our letter to Frank on June 9 (attached) provides initial update on
the project.
Construction to date, with respect to Tigard's contract with Columbia
Excavating, has been primarily on the south end (south of the main
railroad crossing).
1 . Clearing is 80% complete on south end.
2. 42" Storm Drain, Fanno Creek to 74th (Main A) , is complete.
3. The railroad bore (BNRR) is 80% complete.
4. Main B and Lateral B-1 are 60% complete.
5. Portions of clearing are complete on north end.
A great deal of up-front work has been either done or planned with respect
to relocation and reconstruction of other utilities. This up-front work
has involved the following:
1 . City of Tualatin (new construction, 36" waterline) .
2. Tigard Water District (relocation & new construction) .
3. Metzger Water District (new construction).
4. Lake Grove Water District (relocation).
5. General Telephone (underground & relocation).
6. P.G.E. (relocation & new construction).
7. Northwest Natural Gas (relocation).
8. Washington County (fence relocation).
J
Page 2
June 28, 1982
Our concern as the project unfolds has been to acquire sufficient
right-of-way or entry permits in such order as will allow the Contractor
to proceed with construction. Except for the initial delay during the
month of May, we forcast that the Contractor will be able to proceed
with remaining construction without unreasonable interference because
of lack of right-of-way or easements.
MARLIN . DE HAAS, P.E.
cc: 80.194.118
attachment
17
DE HAAS &. ASSOCIATES, INC.
CONSULTING ENGINEERS&SURVEYORS
SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070
9450 S.W. COMMERCE CIRCLE
(503) 682-2450
• June 9, 1982
Mr. Frank Currie
CITY OF TIGARD
12755 S.W. Ash Ave.
Tigard, Or. 97223
Dear Frank:
It seems appropriate- at this time to provide an update on the
progress of 72nd Avenue project and a number of related aspects.
1 . Title Reports: Title reports have been coming much more
slowly than we have been promised. They are holding up
our Right-of-Way acquisitions. We are pressing First
American Title.
2. Appraisals. We have all but a couple appraisals from
Harold Meyer.
3. Right-of-Way and Easements. Dale Brunton has made contact
with most of the property owners. As you will note from
our attached letter to Columbia Excavating, we have acquired
sufficient Entry Permits to allow construction to begin.
Clearing work began June 7 on the south end and storm drain
work is expected to begin at Fanno Creek late this week.
In as much as we are not quickly able to obtain an Entry
Permit for Ident. No. 51 (Allied Moving), we have moved
(redesigned) the storm drain on portions of Durham to
keep it out of new Right-of-Way and allow continuity of
construction.
4. We have received most of the vesting deeds for use in
providing Doris Hartig suitable descriptions for Lien
Docket. They are sort of a mess and need to be unscrambled
to make sense. We should have most of these to her by the
end of the week.
r
r .
r
% Page 2
f Frank Currie
June 9, 1982
5. We expect to have a number of Right-of-Way and Easement
actions to you in time for council action on June 14.
6. With respect to Ed Sullivan's concern about delays in
getting the contractor started, I have talked with the
contractor and he has assured me their concern is just
gettk.
makeing claimsiforeanyeto delaysrto dateyandvdonintent
not intend
to make this an issue.
Sincerely,
MARLJ. DE HAAS, A.E.
MJD:tlj
Attachment
cc: 80.194.118
� i
;t
�4
6
f 1
r
s
ISE HAAS & ASSOCIATES, INC.
CONSULTING ENGINEERS&SURVEYORS
SUITE 445-AGC CENTER WILSONVILLE, OREGON 97070
450 S.W. COMMERCE CIRCLE (503)682-2450
June 4, 1982
Columbia Excavating, Inc.
P.O. Box 278
Tualatin, Or. 97052
ATTENTION: Don Martin
Dear Don:
In response to your letter of May 13, 1982 and in line with
our telecon of June 3, 1982, most of the necessary Entry Permits
have now been obtained for properties south of the intersection
of 72nd Avenue and Boones Ferry Road sufficient to allow
storm drain construction and considerable clearing.
The exceptions are:
1) Washington County (Ident. No. 53).
2) Allied Van Lines (Ident. No. 51) .
The Entry Permit from Washington County will be executed by the
Commissioners the morning of June 8, 1982.
It appears to us that this provides sufficient working area in
order that you could begin construction.
As you are aware, every effort is being made to acquire Entry
Permits, Easements and Right-of-Way as soon as possible. While
we are hopefull that we will be successful in freeing up these
work areas to your best advantage, we will expect the contractor
to confine his work operations to those areas where such Entry
Permits, Easements and Right-of-Way have been secured.
Sincerely,
MA IN J. DE HAAS, P.E.
MJD:tlj
cc: 80.194.118
av
. .- ROMs iPmparallonf `
Incopporated
P.O.Box M o Tuslatin,Oraeon 97M o 14503)625-5542/1-(503)6044
May 13, 1982
Marlin DeHaas & Associates
9450 S.W. Commerce Circle
Wilsonville, Oregon 97070
Attention: Marlin
Reference: S.W. 72nd Avenue L.I.D.
Dear Marlin:
In checking with your office today, we find that ease-
ments and right-of-ways have not been obtained on the above
referenced project. This being the case, we have no place
to work: A notice to proceed was issued to begin work
nd
within 10 days of May 3, 1982. Today is the 10th day a
work cannot begin.
Please advise us of what action should be taken.
Sincerely,
COLUMBIA EXCAVAT G, INC.
Donnie L. Martin
DLM/mmd
cc: Bob Jean, City of Tigard
i
1