03/23/1998 - Packet M
TIGARD WATER DISTRICT
BOARD of COMMISSIONERS-MEETING
Serving the Unincorporated Aria
AGENDA
Monday, March 23, 199.8
TOO-8.00 p.m.
1. Call to Order
2. Roll Call and Introductions
3. Approval of January 26, 1998
4. Willamette River Newsletter Discussion
5. Budget Discussion
6. Intergovernmental Water Board Update
7. Operation Manager's Report
8. Non Agenda Items
9. Adjournment
Executive Session: The Tigard Water District Board may go into Executive
Session under the provisions of ORS 192.660(1) (d), (e),&(h)to discuss labor
relations, real property transactions, and current and pending litigation issues.
All discussionswithin this session are confidential; therefore nothing front this
meeting may be disclosed by those present Representatives of the news
media are allowed to attend this session, but mustnot disclose any information
discussed during this session,
pw\twd13-23.agn
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS MEETING
JANUARY 26, 1998
Members Present: Gretchen Buehner, Bev Froude, John Haunsperger, Norman
Penner, David Strauss.
Staff Present: Mike Miller, Michelle Wareing.
Visitors: None
1. Call to Order: The meeting of the Tigard Water Board of Commissioners was called
to order by Chair Norman Penner at 7:04pm.
2. Roll Call: All members were present.
3. Appointment of Chairperson: Chairman Norman Penner stated that he had been
Chair of the Tigard Water Board for a year and that it was time for a new Chair to be
appointed. Commissioner Strauss nominated Commissioner John Haunsperger.
Chairman Penner seconded the motion. Commissioner Haunsperger was unanimously
appointed Chair. Commissioner Haunsperger will assume Chair duties at the next
meeting.
Commissioner Haunsperger nominated Chairman Penner to be the alternate
representative on the Intergovernmental Water Board (IWB). Commissioner Froude
seconded the motion. Chairman Penner was unanimously appointed alternate to the
IWB.
4. Visitors Comments: No visitors were present at the meeting.
5. Approval of Minutes: The minutes of the November 24, 1997 meeting were
approved. MSP
6. Intergovernmental Water Board Update: Mike Miller stated that Murray Smith &
Associates gave an overview of the Willamette water treatment plant and siting at a
recent meeting. Montgomery Watson will be designing the plant and design how the
water will be treated. Mike stated that the meeting had been videotaped and was
available for review. Mike reported that a packet containing copies of the
transparencies that were shown at the meeting was distributed. Mike stated that the
City of Portland and Montgomery Watson had built a pilot water treatment plant on the
Willamette River at Wilsonville a few years ago. At the meeting, Montgomery Watson
discussed how microscopic organisms, pesticides and bacteria is removed from the
water. The water treatment plant processing system was tested by polluting the water
with extreme amounts of toxins. This test was done to simulate a chemical or sewage
spill. The water treatment was able to clean the excessively polluted water to the
quality level desired.
1
Commissioner Buehner stated that there is a public perception regarding the Willamette
River quality. There is fear about the quality and the presentation given by Murray
Smith & Associates was too technical. Tigard Water Board members need to address
the issues such as deformed fish. Commissioner Buehner had concerns about the
presentation and how it would be presented to the public. She stated that she asked
questions at the presentation, but did not receive adequate answers.
Commissioner Strauss noted that the presentation was given by engineers and that the
public relations firm will present the information differently to the public.
Commissioner Buehner stated that the public relations people are not scientists and
that she wanted to make sure that an informative and factual package was put together.
Chairman Penner asked who will be responsible for putting the public relations package
together. Mike Miller stated that the City of Tigard will be partly responsible for the
package. Mike noted that the parties involved in the Willamette Water Supply Agency
understand and acknowledge the bad press about the Willamette and know it will be
difficult to overcome it.
Commissioner Froude stated that she did not know when the public relations would
start. She asked if people were going to get mailings at home. She stated that the
newspaper wasn't a good enough source for all the information. She asked if the Board
could send out information to the Tigard Water Board constituents. The information
would not be political or biased. She reminded everyone that the treatment plant will be
in Wilsonville and not Portland. The City of Corvallis has a treatment plant on the
Willamette. Remind people that not all of the Willamette River is polluted.
Commissioner Froude asked if there is going to be a bond measure for the treatment
plant. Mike Miller stated that there will be a revenue bond measure. Commissioner
Froude stated that the public relations campaign needed to be done right, so there is no
scandal or misperception. The public needs to be educated, so they can make an
informed voted.
Chairman Penner stated that the Board has money to spend and is willing to use the
money to inform its constituents about the treatment plant. He asked that this idea be
expressed to the City of Tigard.
Commissioner Strauss stated that all the information should come from one source, so
people don't become confused.
The Commissioners agreed that information needs to be sent out quickly and that they
were willing to pay for the mailing.
Mike Miller stated that he did not know when the public relations campaign was going to
start. Mike stated that Ed Wegner, Director of Public Works, was working on the
Willamette project. Ed is working with the water group and newspaper reporters to
disseminate accurate information.
2
The Commissioners stated that they wanted to know when the public relations
campaign would start and what information was going to be sent out. The
Commissioners agreed that they needed to send out information as soon as possible to
their constituents. Chairman Penner, Commissioner Haunsperger and Commissioner
Buehner stated that they would meet with Ed Wegner to get their questions answered.
The Board will meet on February 23 to discuss the answers received from Ed Wegner
and the direction they want to take on the mailing. Commissioner Haunsperger stated
that he will call Ed and make an appointment.
7. Utility Manager's Report: Mike Miller reported that John Early, the City's Utility
Manager, resigned in December. Mike stated that he has taken on the position. Mike
noted that there is some reorganizing being done in Public Works and that the
Operations Manager position will eventually be phased out and the Water Department
will be whole again.
Mike distributed the Tigard Water District Income Statement. Mike stated that the
Commissioners could see how much money was available for them to use on the
mailing for the water treatment plant.
Mike distributed a hand out regarding service connections. There is about a 4% growth
in connections for the total area. King City has had no growth. There are currently no
plans to annex any areas in to the City, so growth should stay about the same.
Mike noted that he received a newsletter from Special Districts and that there was
information in it regarding the annual water conference. Mike stated that the Tigard
Water District budget includes money to send a delegate to the conference. None of
the Commissioners were interested in attending the conference.
Commissioner Froude asked when the budget process was going to start. Mike stated
that the City's departments had already started on their budgets. Mike stated that the
Tigard Water Board will have a budget hearing in March and second hearing in May.
Mike reported that the construction company is forming up the floor at the Mentor site.
The project is still behind because of when the bid was awarded and the weather. Mike
noted that once the floor is poured and sets, construction will go quickly.
Commissioner Strauss stated that he was impressed with the silt levels in the
Canterbury tanks that was noted in the November minutes. Mike stated that the levels
have to do with where the water comes from. Mike reported that the Lake Oswego
water goes through a filtration plant and that has an affect on the silt levels.
Commissioner Penner thanked Mike for the tour of the water facilities.
8. Non-Agenda Items: There were no non-agenda items.
9. Adjournment: The Tigard Water District Board Meeting was adjourned at 8:00pm.
3
//,iiiu4/G4'
CITY OF TIGARD
OREGON
TO: Tigard Water Board Commissioners
FROM: Michelle Wareip.
DATE: March 24, 1998
I, Michelle Wareing, hereby respectfully resign from my position as Recording Secretary for the
Tigard Water Board. This resignation is effective today, March 24, 1998.
c: Mike Miller
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CMSN
800 NE OREGON ST #16 (STE 540) PORTLAND OR 97232 TEL: 731-4093
NOTIFICATION OF BOUNDARY CHANGE PROPOSAL
DATE: April 6, 1998
TO: Tigard Water District
ATTN: Superintendent
The Boundary Commission has received a proposal (No. 3888) to annex certain territory to
the City of Tigard. The area involved is shown on the attached map. Basic information on
this proposal is as follows:
Area: .35 acres
Existing Land Use: Single family dwellings 1
Multi-family units 0
Commercial structures 0
Industrial structures 0
Other:
Total Estimated Population: 0
Current Assessed Value: $166,770
Current Zoning: R-5
Reason for Annexation: The property owners want to annex to obtain City services to
facilitate development.
Proposed Development: One additional residence.
If you wish to make written comments or recommendations, please present a letter to this
office no later than April 20, 1998, or attend the Public Hearing on the above matter, to be
held on Thursday, April 30, 1998 at 7:00 PM in the Portland State Office Building, Room
140, 800 NE Oregon St., Portland, OR.
Kenneth S. Martin
Executive Officer
KSM/Imr
Enclosure: Map
.... •
.. .
, : PROPOSAL
3888
NO .
SE1/4 NW1/4 SECTION 3 T2S R1W W.M. 2S 1 3BD
Washington County
Scale: 1 " = 200' I I ,
STREET••`'<< `'a'" a � -4
.�e i."f''� °,°0 -1 a2 I .\ .. ... un
C.' 37'•'2 "20 .J-Cr ° .... r. '.4...zm.m°
`,1 t rw. w• •2500 �. _
\t4 x 200 SW"-BAMB1 LN, 2 d0 i
., ° . ��eq0 I S..e ,I ,-7000,1 71 -I ++83• .\
L - .° 1\.,. *,602 sone I 'C j ,•_• •I 2527•-JI �•M1 ",`1
1X tom.°. �o _Jr u. r« ,..., 1 z _ n.. 1 Z IFoo
e00a .I ii"- I a ..I 7200 W 3e ".\
'IIi sir_
,/_ i 301 ; ,a9C0 ".6
900 �T I G A R D
I 501 .o _..•�� rs..c c 24
•
--....i
< �� ---- 1 7TRFEZ .I' •l 1— •7900 a -
1_7', IC01 _ - I 1 --`2000 ' • t 7.-00 I _ .
:2 .5•.:. _ 'r. 5600.I: 30 r 7000
'�, _ . 1 5100 .. 2< 'a
1', �� , .i 7`00 _1 - ° �
-OO 65 ,i (� C 33 G.'
W zoo 53cc =.^ ^� ' c
•w Sao 23-78'. _.- `.� 6 76v }
,K TIPPITT. Y..."° , w .. '•g /•.I ;',
637. 6700 N
----"� ,� l�..�,�y •,0
16� ` e' b,e J••--• - y `_500 _ "9 ._' cu!x \ 25' 3:
`.:�J.>i j° 1 '.I: 13 01 0•., .. .,,, 2200 It _1 , /
.I al, 5
L ! If QI_ 12 �,1 w- 9 600_'I )74
\c 1-il ,..,. \ I
Li A ,I �° �N' ui.. •..12.-' - .6209
\SSI `'j rl �� • .--`ti? r
CARMEN —•EET-~ 6' 17
�' sw o' °" o. °e `.m
IV3 `6O IID 7880 220.0 2.00 • 2300 i... -570 _
d r �I 290010 2800 2700 I } ••. _ - 000
h 3000 Q; :
—141 I 2 2'37_ _ a 5 6 11 7 44 550 ? 900 1
?I_S IIi SI W : • _
\ -\ i
1 -+ 3200 I 31CO .I �.,rrlat_aa.'r_� 0 / - .
I - 2,0 AC
fe 3300...7
,.c .,,.a la C
Ile' J'.c .I- _x�' € _ F
N .I 4
, 3-:- ..,..,,
'i e �. ... 23-78 —
,
---, I 3'00 I 3500 ;7370' 30CA i I I -rol 'no :°3C0
:Sx, lel -JI.c "'
i aI `-I -� , _ t ::ti ,
IIIIQ_ el _ I^I - ol_ -
I1 SvV ,.T, . L FONNER •� STREETS , '
1 I 533 A,aF 25 1 3C I
PROPOSAL NO. 3888
CITY OF TIGARD
ANNEXATION
FIGURE 2
Y _-
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CMSN
800 NE OREGON ST #16 (STE 540) PORTLAND OR 97232 TEL: 731-4093
NOTIFICATION OF BOUNDARY CHANGE PROPOSAL
DATE: April 6, 1998
TO: Tigard Water District
ATTN: Superintendent
The Boundary Commission has received a proposal (No. 3887) to annex certain territory to
the City of Tigard. The area involved is shown on the attached map. Basic information on
this proposal is as follows:
Area: .92 acres
Existing Land Use: Single family dwellings 1
Multi-family units 0
Commercial structures 0
Industrial structures 0
Other:
Total Estimated Population: 0
Current Assessed Value: $125,360
Current Zoning: R-5
Reason for Annexation: The property owners want to annex to obtain City services to
facilitate development
Proposed Development: Two additional building lots for single family homes.
If you wish to make written comments or recommendations, please present a letter to this
office no later than April 20, 1998, or attend the Public Hearing on the above matter, to be
held on Thursday, April 30, 1998 at 7:00 PM in the Portland State Office Building, Room
140, 800 NE Oregon St., Portland, OR.
Kenneth S. Martin
Executive Officer
KSM/Imr
Enclosure: Map
,. .
PROPOSAL NO . 3887
SE1/4 NE1/4 SECTION 4 T2S R1W W.M. 2S 1 4AD
Washington County
Scale: 1 " = 200'
_.,
`!,. 2300 25 4 AA
SW 27th AVE.
2901 1
2400 6,t- 49 r :
/
22 -
IC.I.J2,1001 1 . . . -.'.°°';'. 4-QI f 2 —74/ i
-.. r-
....
.. .2.8,.. \ ,.
1\
/ ?:;, ,TIGARD /3 -:, / " A
/ •.
-- 6' I ' '' . . .. 1: iz -'e. .../: AA
.rla .7..›..1 f• er ...,. - / 7:4
: 46 ,
ZWI ' ...... °D. V 13 .,::' 45C0
Z-93 ), 12L / "
1,,, -* =1
4..., ? 1`1'''' ? "_,
A' 1
lac° I.-,—'..-7,: '4-=.., [;,---'' •.. 1° i , /.
-7/
,. A 2-12; S‘4,42 MARIE CT. )•- ...., ,.
-/'
/ //zsoo
A -2
../•
,i• -;; . .- //
•
; -of
•
-'.-- .1.- Al ' ':.:.:'::::. ..:•:r.:-:.:-:::,; '''''./ : T W-ALN LIT
:.:•:. ., -;-",,,.:. ' ....1- '7,:- "I - -'" ^ a'
;00•0 I ::i:it :]i I . - 1 3500
0:3300 :X.: 00 I 3401
1 1-
i
,,0 a 400C
/ 4.'04i 0 4'.
.23-,...r . 1
21 Si
/
•!
.1_ . 1 0",•Mg:i;:;‘. '''* 2;'9 1. ".1 38°°11
23—73
..:
:,. 2 92
/.. 3
.,.
,- \ • _
'• 21*-
-i:
. 1
-1
.j
1 \
_ 1,.. ,.... ..,
E •
ie-
I
1'
. - - f 7.. i ,77,.-I ,-:-,•..- - ,T=7 - "-'2• - -' - ---‘,i
/ \
PROPOSAL NO. 3887
CITY OF TIGARD
ANNEXATION
FIGURE 2
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY CMSN
800 NE OREGON ST #16 (STE 540) PORTLAND OR 97232 TEL: 731-4093
NOTIFICATION OF BOUNDARY CHANGE PROPOSAL
DATE: April 6, 1998
TO: Tigard Water District
ATTN: John Buol
The Boundary Commission has received a proposal (No. 3886) to annex certain territory to
the City of Tigard. The area involved is shown on the attached map. Basic information on
this proposal is as follows:
Area: 3.25 acres
Existing Land Use: Single family dwellings 2
Multi-family units 0
Commercial structures 0
Industrial structures 0
Other:
Total Estimated Population: 0
Current Assessed Value: 378,650
Current Zoning: R-5
Reason for Annexation: The property owners want to annex to obtain City services to
facilitate development
Proposed Development: Tax Lot 200 is proposed to be developed with a 12-lot
subdivision and Tax Lot 2101 is proposed to be partitioned into two lots.
If you wish to make written comments or recommendations, please present a letter to this
office no later than April 20, 1998, or attend the Public Hearing on the above matter, to be
held on Thursday, April 30, 1998 at 7:00 PM in the Portland State Office Building, Room
140, 800 NE Oregon St., Portland, OR.
Kenneth S. Martin
Executive Officer
KSM/Imr
Enclosure: Map
. .
3886
NO .
SW 1/4 NE1/4 SECTION 3 T2S R 1 W W.M. 2S 1 3AC
Washington County
Scale: 1 " = 200'
"itv
.: . .. 9 H••. Is u
//szeao
• r- Z 4_4.7
Cpl w
U 3•.00 501 7 -i 3000" A hr :TC
46.. < - 3- A 202 = 1.t u-- m Q _ u�
-;:.,0
� 1.3):3-.0 c � --3200 e6I L. -I 'i �3 ..:I4 }-
106700.E j ~ �14LI _ _ _ _-_ _ - - _ _ - -tt, rn.1• •I N }I00 t•
16�.� .. .... -I 3300 '.I _ la..
600 i
roc r. 5 2a6 � 5 4 U
4600 I �•�. -- \I.:
-� = U
TIGARD i7ni \ , ,� �
45co 6,� •_ / r'1 ''";'gOV.' �`Rf2C 942 STREET
`•L 14 L1_I H r 3600'3 _ •I t� ..1, a. r a„�r ro -
C >.u. 7 / 1150i� 10.1C/+0 e!CA:s
c400 t z° y —— _
i / .. �(-:.''=
IA
S`,•;. - . - scao/ \= 001` ti 600 v
\ '20 -�10�4 ?.• 5700\moi 3 _V 2.u.c, �Y
t.
900 ` e \ = -
/ \"6300 _ II .��: � ��'-ii..-1ia- -1 SE_MAP
.2 .,;_6.00 4 23- 178 1, z5 I •0
SEE MAP - \ ^ W ' -1414 F•,..-a.. ,.. "11
2S 1 350 �'• Pis c a .1 {t.000,s.a:, -.. •r-.'xr I ).
.5 w :1
.eV_ S ci: 6 L:U 1
/� '\" - 1--..;,'CC S :I 1 ,.,•yc .a a1 ' FCR 'SSESSMENT PURP
J V 1 1 Do •7 RELY ON FOR AI
/ )1-.-3.-I .:9900.'G.^Q. V 1501
\_5300 -,. a "— + e ID -F".-
1100 i-� /� �: `5200 H ,71 roc ;i a -
15, 4 .•z•• 4. 31- 3 V 1300 1401 .w, 1 m
0 % .1
12004` 9= —' 4.31.. zrx
•• m.c, o.•s. �Rz 0 i W I~�_ :1 '1504 1502 I.a5
J6300 '.A u,» �• Iln r- :): .e 3,.c 7..4
11 '_�`AJo=11 1�� .� 1400 -l` .-
I..TTT .,.,, ..?:::iy.. • T y1600 I�JO (`
.!:.
/71'
- .- \ ••—...... -.... 1701 \ a. .
.,.... .a .I . $ ::::'r: 16100 1.2000`:;::....... 'r 900 Icr�c .<.
:.;,-) _
`2500 2200 -2i DI.};':- :1 .II=C. ,y.,,.c _ .3oac \
..c .•V.aZ4C C• -1 _ 1
'
F AREA TO BE -
:.::!.:
ANNEXED
23_ ; Y —74 -
, ,/ti] .
y;:
. ■ S E. b 1 306
/ /
PROPOSAL NO, 3886
CITY OF TIGARD
ANNEXATION
FIGURE 2
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
800 NE OREGON ST #16 (STE 540), PORTLAND OR 97232-TEL: 731-4093
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO: 3875 - Annexation of territory to the
City of Tigard.
Proceedings on Proposal No. 3875 commenced upon receipt by the Boundary Commission of a
resolution and property owner/registered voter consents from the City on February 19, 1998,
requesting that certain property be annexed to the City. The resolution and consent meets the
requirements for initiating a proposal set forth in ORS 199.490, particularly Section (2)(a)(B).
Upon receipt of the petition the Boundary Commission published and posted notice of the public
hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on April
2, 1998. The Commission also caused a study to be made on this proposal which considered
economic, demographic and sociological trends and projections and physical development of the
land.
The Commission reviewed this proposal in light of the following statutory guidance:
"199.410 Policy. (1) The Legislative Assembly finds that:
"(a) A fragmented approach has developed to public services provided by local
government. Fragmentation results in duplications in services, unequal tax bases and
resistance to cooperation and is a barrier to planning implementation. Such an
approach has limited the orderly development and growth of Oregon's urban areas to
the detriment of the citizens of this state.
"(b) The programs and growth of each unit of local government affect not only
that particular unit but also activities and programs of a variety of other units within
each urban area.
"(c) As local programs become increasingly intergovernmental, the state has a
responsibility to insure orderly determination and adjustment of local government
boundaries to best meet the needs of the people.
"(d) Local comprehensive plans define local land uses but may not specify which
units of local government are to provide public services when those services are
required.
"(e) Urban population densities and intensive development require a broad
spectrum and high level of community services and controls. When areas become
urbanized and require the full range of community services, priorities are required
regarding the type and levels of services that the residents need and desire.
Community service priorities need to be established by weighing the total service needs
against the total financial resources available for securing services. Those service
priorities are required to reflect local circumstances, conditions and limited financial
resources. A single governmental agency, rather than several governmental agencies is
Final Order - Page 1
ll iiimmorimmi
in most cases better able to assess the financial resources and therefore is the best
mechanism for establishing community service priorities.
"(2) It is the intent of the Legislative Assembly that each boundary commission
establish policies and exercise its powers under this chapter in order to create a
governmental structure that promotes efficiency and economy in providing the widest
range of necessary services in a manner that encourages and provides planned, well-
ordered and efficient development patterns.
"(3) The purposes of ORS 199.410 to 199.534 are to:
"(a) Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in order to prevent illogical extensions of local government
boundaries and to encourage the reorganization of overlapping governmental agencies;
"(b) Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
"(c) Provide an impartial forum for the resolution of local government jurisdictional
questions;
" (d) Provide that boundary determinations are consistent with acknowledged local
comprehensive plans and are in conformance with state-wide planning goals. In
making boundary determinations the commission shall first consider the acknowledged
comprehensive plan for consistency of its action. Only when the acknowledged local
comprehensive plan provides inadequate policy direction shall the commission consider
the statewide planning goals. The commission shall consider the timing, phasing and
availability of services in making a boundary determination; and
"(e) Reduce the fragmented approach to service delivery by encouraging single
agency service delivery over service delivery by several agencies.
"199.462 Standards for review of changes; territory which may not be included in
certain changes. (1) In order to carry out the purposes described by ORS 199.410
when reviewing a petition for a boundary change or application under ORS 199.464, a
boundary commission shall consider local comprehensive planning for the area,
economic, demographic and sociological trends and projections pertinent to the
proposal, past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225."
"(2) Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
"(a) Territory within a city may not be included within or annexed to a district
without the consent of the city council;
"(b) Territory within a city may not be included within or annexed to another city;
and
Final Order - Page 2
"(c) Territory within a district may not be included within or annexed to another
district subject to the same principal Act."
The Commission also considered its policies adopted under Administrative Procedures Act
(specifically 193-05-000 to 193-05-015), historical trends of boundary commission operations and
decisions and past direct and indirect instructions of the State Legislature in arriving at its decision.
FINDINGS
(See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
(See Reasons for Decision in Exhibit "A" attached hereto.)
ORDER
On the basis of the Findings and Reasons for Decision listed in Exhibit "A", the Boundary
Commission approved Boundary Change Proposal No. 3875 on April 2, 1998.
NOW THEREFORE IT IS ORDERED THAT the territory described in Exhibit "B" and depicted on the
attached map, be annexed to the City of Tigard as of May 20, 1998.*
PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT
BOUNDARY COMMISSION
DATE: /�k BY:
// / Chair
ATTEST: \C____
* According to ORS 199.519 territory containing registered voters cannot be annexed into a
city within 90 days prior to a primary election. Therefore the effective date of this
annexation must be one day after the May primary.
Final Order - Page 3
Exhibit A
Proposal No. 3875
FINDINGS
Based on the study and the public hearing, the Commission found:
1 . The territory to be annexed contains 0.49 acres, one single family residence, a population of
two, and evaluated at $171 ,740.
2. The property owners desire City services to replace a failing septic system.
3. The Boundary Commission has three adopted policies. The first of these policies states that
the Commission generally sees cities as the primary providers of urban services. Recognizing
that growth of cities may cause financial problems for the districts, the Commission states in
the second policy that the Commission will help find solutions to the problems. The third
policy states that the Commission may approve illogical boundaries in the short term if these
lead to logical service arrangements in the long term.
4. The territory is within the regional Urban Growth Boundary and the boundary of Metro.
5. The territory is located within the County's West Tigard Community Planning area. Washing-
ton County passed an ordinance, effective May 1 , 1997, that pertains to "land generally
described in the County's West Tigard Community Plan and the Bull Mountain Community
Plan, including Walnut Island, and an area north of the Tualatin River and East of Highway 99,
but excluding the area immediately adjacent to King City." The following sections within the
ordinance apply to this proposal.
801-4 Replacement
As specified herein, this Ordinance replaces the existing Washington County Community
Development Code standards applicable to all development proposals within the scope of
this Ordinance and within the effected area, with the City of Tigard Community Develop-
ment Plan. . . this Ordinance replaces the County Comprehensive Framework Plan with
the City of Tigard Comprehensive Plan.
801-7.4 Comprehensive Plan
This Ordinance does not amend or alter the applicability of the text of either the Bull
Mountain or the West Tigard Community Plan. It amends only the maps of these two
community plans to apply the functionally equivalent zoning district and plan designations
of the City of Tigard to these areas . . .
The County Plan designates the site as low density residential, with a zoning of R-4.5 SFR (4.5
units per acre, with a minimum of 7,500 square foot lots). There are no significant natural
resources designated on the site.
Final Order - Page 4
Exhibit A
Proposal No. 3875
6. Washington County reviewed its role in service provision in its County 2000 program. In this
document, the County adopted a policy of supporting a service delivery system which
distinguishes between municipal and county-wide services to achieve tax fairness and
expenditure equity in the provision of public services. The County policy states that municipal
services should be provided either by cities or special districts.
7. The City of Tigard and Washington County have entered into an Urban Planning Area
Agreement (UPAA) which is a part of both the County's and Tigard's adopted Comprehensive
Plans. The UPAA sets out an "Active Planning Area" within which the City assumes
responsibility for land use planning, and an "Area of Interest" in which the County agrees to
coordinate its planning because of the potential impacts on Tigard. The subject property falls
within the "Active Planning Area" as designated in the UPAA. The following pertinent
provisions are from Section A, "Active Planning Area" portion of the UPAA:
A. Active Planning Area
1 . Definition
Active Planning Area means the incorporated area and certain unincorporated areas
contiguous to the incorporated area for which the CITY conducts comprehensive planning
and seeks to regulate development activities to the greatest extent possible
2. The CITY shall be responsible for comprehensive planning within the Active Planning
Area.
3. The CITY is responsible for the preparation, adoption and amendment of the public facility
plan required by OAR 660-1 1 within the Active Planning Area.
4. The COUNTY shall not approve land divisions within the Active Planning Area which
would create lots less than 10 acres in size, unless public sewer and water service are
available to the property.
5. The COUNTY shall not approve a development in the Active Planning Area if the proposal
would not provide for, nor be conditioned to provide for, an enforceable plan for
redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future
upon annexation to the CITY as indicated by the CITY Comprehensive Plan.
6. Approval of the development actions in the Active Planning area shall be contingent upon
provision of adequate urban services including sewer, water, storm drainage, streets, and
police and fire protection.
7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning
Area.
8. The Tigard Comprehensive Plan Polices relevant to this proposal are provided here:
* * *
Final Order - Page 5
Exhibit A
Proposal No. 3875
10.1 .1 Prior to the annexation of land to the City of Tigard:
a. The city shall review each of the following services as to adequate capacity, or such
services to be made available, to serve the parcel if developed to the most intense use
allowed, and will not significantly reduce the level of services available to developed and
undeveloped land within the City of Tigard. The services are:
1 . water;
2. sewer;
3. drainage;
4. streets;
5. police; and
6. fire protection.
b. If required by an adopted capital improvements program ordinance, the applicant shall sign
and record with Washington County a nonremonstrance agreement regarding the
following:
1 . The formation of a local improvement district (L.I.D.) for any of the following services
that could be provided through such a district. The extension or improvement of the
following:
a) water;
b) sewer;
c) drainage; and
d) streets.
* * *
10.1.2 Approval of proposed annexations of land by the city shall be based on findings with
respect to the following:
a. The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or
b. The annexation will not create an irregular boundary that makes it difficult for the police in
an emergency situation to determine whether the parcel is within or outside the city;
c. The police department has commented upon the annexation;
d. The land is located within the Tigard urban planning area and is contiguous to the city
boundary;
e. The annexation can be accommodated by the services listed in 10.1 .1(a).
The County Plan has been amended to reflect City of Tigard land use designations and zoning
for the area that includes the subject parcel. The County's designation of low density
residential, and zoning of 4.5 SFR will remain effective upon annexation.
Final Order - Page 6
•
Exhibit A
Proposal No. 3875
9. An 8-inch City sewer line in SW 118th Court and SW Gaarde, approximately 70 feet west of
the site, can be extended to provide service to the site.
The territory is within the Unified Sewerage Agency of Washington County as is the City. The
Unified Sewerage Agency has a standard agreement between the Agency and the large cities
within the Agency (Beaverton, Cornelius, Forest Grove, Hillsboro, Tigard, Tualatin and
Sherwood). In that agreement the Cities agree to: 1) comply with the Agency's construction
and maintenance standards for sanitary and storm water sewer facilities, 2) follow and
accomplish the Agency's work program for storm and surface water, 3) obtain the Agency's
consent before issuing construction permits within wetlands, floodways and floodplains. The
agreement provides that the city owns and is responsible for sanitary sewer lines under 24
inches in diameter within the City limits and for storm water facilities within the City limits as
identified on a map (virtually all facilities). The Unified Sewerage Agency is responsible for all
industrial waste discharges, both in and out of cities. The Unified Sewerage Agency agrees
not to extend sanitary sewer service to areas outside the City within the City's Urban Planning
Area (as identified in the City-County UPAA) unless the City approves.
The City is responsible for billing the customers after service is installed and for collecting
sanitary and storm sewer connection fees. If the City imposes the same connection fees and
user charges as U.S.A., it simply passes these monies on to U.S.A. to pay for the costs of
treatment and transmission of the sewage or storm water. The City may impose higher costs
than U.S.A. charges and keep the difference to offset City costs.
Monthly sanitary sewer user charges are $14.55 per month plus a consumption charge of
$1 .00 per 100 cubic feet of water used by the customer. These City charges are the same as
those charged by U.S.A.
10. A 12-inch water line in Gaarde St. currently serves the site.
The territory is within the boundary of the Tigard Water District. The City of Tigard, which
used to be served by the District, has withdrawn incorporated territory from the District and
established a Tigard Water Department. The Tigard Water District contracts with the City to
service customers within the Water District boundaries. The City intends to withdraw the
territory from the District pursuant to an intergovernmental agreement between the two
entities.
The City of Tigard/Tigard Water District water rates are charged bi-monthly. They include an
administrative fee of $3.56, and a water use charge for everything over 800 cf. is $1 .32/100
cf. for territories both within and outside of the City/District boundaries.
1 1 . The territory is within the Washington County Enhanced Sheriff's Patrol District which,
included with the basic County-wide level of protection, provides .94 officers per 1000
population. The parcel will be automatically withdrawn from the District upon annexation.
The tax rate of $.6372 per $1000 assessed value will no longer be levied on the property.
Final Order - Page 7
I I II III III I I NI ismo
Exhibit A
Proposal No. 3875
Subsequent to annexation, the Tigard Police Department will provide police protection to the
territory. Tigard provides a service level of 1.56 officers per thousand population.
Emergency response in Tigard is under five minutes. The police department has commented
on the proposal, as required in the City Comprehensive Plan 10.1 .2(c), and supports the
annexation.
12. The territory is within the Tualatin Valley Fire and Rescue District. Annexation will not affect
this service because the City is in the District.
13. The territory is within the boundary of the Washington County Urban Road Maintenance
District. Upon annexation the territory would be automatically withdrawn from the District,
and the 1997-98 levy of $0.2458 per thousand assessed value will no longer apply.
14. The U.S.A. has responsibility for surface water management within the Washington County
urban growth boundary. U.S.A. has entered into an intergovernmental agreement with
Sherwood for allocation of the City and the U.S.A. responsibilities. The City has
responsibilities for operations and maintenance of storm and surface water facilities within the
City. In the County, responsibility for maintaining drainage associated with roadways remains
with the Department of Land Use and Transportation. Therefore, road related drainage
facilities do not transfer to the City upon annexation unless the road transfers to the City. The
City may not issue permits for construction within or modification to a wetland, floodway or
floodplain without first receiving approval from U.S.A.
The District imposes a storm drainage fee of $4 per month on all properties of which the City
keeps 75% or $3.
1 5. The territory is within the Washington County Service District #1 for street lights. The District
provides services to areas within its boundary which request street lighting services. The
District uses local improvement districts to finance the service. Upon annexation it will be
automatically withdrawn from the District.
The City provides street lighting service out of its Street fund which receives State shared
gasoline tax revenues as its primary revenue source. Street lights are required by the City in
residential subdivisions. Upon installation of street lights by a developer to City standards, the
City accepts dedication of the street lights and takes on ongoing operation and maintenance
costs.
1 6. The territory is within the boundary of the Washington County Vector Control District. Tigard
is not a part of the District. Upon annexation, the territory will be automatically withdrawn
from the unfunded Washington County Vector Control District.
Final Order - Page 8
Exhibit A
Proposal No. 3875
REASONS FOR DECISION
Based on the Findings, the Commission determined:
1. The proposal is consistent with City, County, and Regional planning for the area.
2. The City can provide an adequate quantity and quality of public services to the area.
3. The proposal is consistent with the Boundary Commission Policy On Incorporated Status (OAR
193-05-005) and the Policy On Long Term/Long Range Governmental Structure (OAR 193-05-
015).
Final Order - Page 9
•
iii i iii I u oimmmsoorommm
Exhibit B
Proposal No. 3875
LEGAL DESCRIPTION
ANNEXATION TO
City of Tigard
A parcel of land in the Northwest quarter of Section 10, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, being a portion of that certain
tract of land described in Book 403, Page 297, Washington County Deed Records', and
being more particularly described as follows:
Beginning at a point on the North line thereof, that is 40.0 feet East of the northwest
corner of said tract of land; thence South 00°44' West parallel with the west line of the
above said tract of land, 250.0 feet to a point; thence East parallel with the north line of
the above said tract 158.0 feet to the west line of that certain strip of land described in
Book 430, Page 3042, Washington County Deed Records; thence North 00°44' East
along the west line of the said strip of land 103 feet to a point; thence West 118.0 feet
to a point; thence North 00°44' East 147.0 feet to the north line of the above said tract
of land; thence West along the said north line 40.0 feet to the Point of Beginning.
EXCLUDING that portion in SW Gaarde Street (County Road No. 411).
Footnotes:
1 . Beginning 40 rods West of the Northeast corner of the Northwest quarter of Section 10, Township 2
South, Range 1 West of the Willamette Meridian, it being the northwest corner of tract of land sold to
McFarland, containing 10 acres; thence running West 20 rods; thence South 40 rods; thence East 20
rods to the southwest corner of said McFarland tract; thence North to the Place of Beginning.
2. Beginning at a point 40 rods West of the Northeast corner of the Northwest quarter of Section 10,
Township 2 South, Range 1 West, Willamette Meridian, it being the Northwest corner of tract of land
sold to McFarland; running thence West 132; thence South 40 rods; thence East 132 feet to the
Southwest corner of said McFarland tract; thence North to the Place of Beginning, in the County of
Washington and State of Oregon.
Revised 4/14/98
Final Order - Page 10
.. ... . ,
PROPOSAL NiO . 3875
NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA
,
Washington County
Scale: 1 " = 200'
/ 1- T.i .. ,„ GpARDE r / -r /STREET-t-,, .,...,„.4
:
I
0000 ....YZ 1110 0 1500 1400 1300 800 300
. .,
Cu.:61j.
.1_ .
:I •,..
4-...
'zoo
.. r.. I .
..„,
isob - ; _ .4 PC
.S=
_., ...:2 3 41o:o;8 :,,.1:: 1:,01::. ..t
40 . i
1 .
2 i .'1" .
, ,,,„ ,
SEE MAP 1 2.100 23-78 ..,•
, . _ _._,
. 2S 1 1088 •
_
1900
i
.
III ICC?. 600 Ad=4
,..
/1 1 r-e 2 3—7 8•
2200 2300 5
I 96 PC. .J.s ac 1
u...z,
,
71 •.
,
'i :_ . 900 700
:.: .15.1r.
..,. .- .... .... 3... 2 1! sv1-'-: -'.-,------- 5; ,
. ''' ._4,-^
7 .
6 0 .'j."..90 '
5900 Ni . 01 4200 4100 40 390 / 3700 , 3000 s INIT141. 4.44-r
3500 , 3400
RI
_ P. -1: 4 7-5,,. 22 " - : 2 5 - 2 5 ik, 0 ,,..,.. 1/.
‘,3
• . ,,,,
ZI 45
.r: •,. . 1-1 A IL) - o ' yv •,,-. ,. -•:. 3
• ..
,.:-- <.9 .Ap - ,.• — 4„., -...",,, //fy \;,,
CLOUD
G4, i, 4
. . SM. \' .
- McFARLAND .. .
TIGARD , . , ., —, -, c00,,.. .
..-4
.— ,Ak-
" .
75C0 i Zr 4401 4500 461 4700 A•IQ -..11 4, `•
..., 7400 .e. 3200
/ 4eao ''''" .o
•_NG ! :::`" =,-,. -\ \\
20 - 19 •:-: 16 --'
.. ." n,\ \r• /
\ 3.
1 Z. H I i i
t.._. /
/ \'''
0.0'
\ \
— 27 • 1
/
1 '1' .i)li,:', 5601 570:: / i
'"°2 —T4 ,,, \.., -.G. ,tc y
:., _1, ..:.,
/.. co .4
.-- r ,
4? . a z 500 ",` ‘. S4 23 N
57 r) 56--'-^72'• 7 -‘4
_....-.* .f Pi T4P 2ACO 7. 3,
< - 4
` 4402 A >
\_______•°
i '4 3 •,•/- -..'<,•4, 1 •" DO -
.... 5000 0 I,-,•,. ' • ::
=e a!: .
N,
y .
0I
• , 'YO \\
/3
=5,
,
-g,s"F0O0cRe,:0
.1-55OE:T'EHLOETNR ELNYO.U
7N SEPF.
nftr. I 5- MAP TIGARC
i
2S I
PROPOSAL NO. 3875
CITY OP TIGARD
ANNEXATION
FIGURE 2