04/27/1998 - Packet Book
TIGARD WATER DISTRICT
BOARD of COMMISSIONERS MEETING
Serving the Unincorporated Area
AGENDA
Monday, April 27, 1998
7:00 p.m.
1. Call to Order
2. Roll Call and Introductions
3. Approval of March 23, 1998
4. Intergovernmental Water Board Update
5. Operation Manager's Report
6. Non-Agenda Items
7. 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 discussions within this session are confidential; therefore nothing from this
meeting may be disclosed by those present. Representatives of the news
media are allowed to attend this session, but must not disclose any information
discussed during this session.
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TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS MEETING
MARCH 23, 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 John Haunsperger at 7:00 pm.
2. Roll Call: All members were present.
3. Approval of Minutes: The minutes for the January 26, 1998 meeting were approved. MSP
4. Willamette River Newsletter Discussion: Mike Miller stated that the Commissioners
should have received a copy of the Willamette River Newsletter that was sent out to all Tigard
Water District customers and property owners. Mike stated that a series of five newsletters will
be sent out over the rest of the year. Mike reported that the April issue will contain information
on treatment issues and the preliminary engineering report. The May issue will have an update
on the preliminary and discuss construction options. The November issue will contain the final
engineering report. The final issue sent out in December will give a total cost for the project
and what it will mean to rate customers.
Mike reported that the information and education kit for staff, Council, Commissioners and IWB
is currently in draft form. The kit will include fact sheets and glossary of terms. The target
audience for the kit is the leaders of the community and homeowners.
Mike stated that the City of Tigard has chosen not to battle The Oregonian about the quality of
the Willamette River. The City plans on educating the public about water treatment plans and
the need for Tigard to have its own water source. Mike reported that Ed Wegner and
representatives from Murray, Smith &Associates and Tualatin Valley met with the Editor-in-
Chief of the Times to discuss the facts of the project. The focus of the City is to have an
effective educational program and incorporate the findings of the Governor's Task Force.
Commissioner Buehner asked if the steelhead is named an endangered species how will that
affect Bull Run? Also, will the steelhead issue be included in the educational program.
Mike stated that the water agencies have known about the steelhead issue for sometime. If the
steelhead are named endangered then Portland will have to increase the height of the dams
and build storage.
Commissioner Penner expressed concern that the newsletter did not answer the question of
why the Tigard Water District needs its own water supply. The newsletter did not address the
possibility of the surplus water supply being cut off. The newsletter used too much water
terminology and seemed like a PR piece.
1
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Commissioners Buehner, Penner and Haunsperger all expressed concern that the newsletter
did not address the issue of how Tigard currently gets its water. All the water Tigard purchases
is considered surplus water and comes from the City of Portland and Lake Oswego. In the
future, surplus water might not be available for Tigard to purchase. Water customers need to
know that there is a possibility that Tigard might not be able to meet the demands for water.
The Commissioners agreed that the history of Tigard's water supply needs to discussed and
revisited frequently, so customers understand why Tigard needs its own water supply.
Mike reported that the Tigard's Citizen Involvement Team (CIT) meeting will include discussions
about the water supply. The meeting is scheduled for April 2 at 7:00pm at the Senior Center.
A public information meeting will be held at the end of April to discuss the Willamette River
project.
Commissioner Buehner asked how people were going to be notified about the public meeting in
April. She asked if there was money in the budget to send out flyers advertising the meeting.
Mike stated that notices for public meetings are published in the local newspapers, posted in
the library and city buildings.
Mike noted that several TV programs regarding the Willamette River have been scheduled. On
March 22, Kevin Hanway from Tualatin Valley was on KPDX 49. On April 7, Channel 8 is
showing a half hour documentary on the Governor's Willamette Basin Task Force findings. The
documentary will be followed by a live Town Hall meeting from Salem. Attendance at the Town
Hall meeting was by invitation only. A representative from Montgomery Watson and Tualatin
Valley Water District will be at the meeting to represent the Willamette Water Supply project.
Commissioner Froude asked if anyone at the City had received any comments/concerns from
the public regarding the project.
Mike reported that he has received very few calls from citizens. Mike stated that he discussed
water treatment options and non-filtered versus filtered water differences. Everyone that he
talked to felt reassured.
5. Budget Discussion: Mike Miller stated the Board needed to start thinking about their
budget and setting up a budget committee. Mike reported that Ed Wegner, Public Works
Director,wanted the Board to return to even month meetings. Mike stated that he would check
with Wayne Lowry, Finance Director, about meeting in April to discuss the budget process.
Commissioner Buehner asked how the Tigard Water District Board budgets for new customers.
Commissioner Froude responded that the Board's budget is only concerned with administrative
costs. The Board receives 1% of water sales revenues. The Board has a good budget, but
doesn't spend most of the money allocated to it.
Chairman Haunsperger stated that the Board needed to appoint a budget officer. Chairman
Haunsperger nominated Commissioner Strauss. Commissioner Penner seconded the motion.
Commissioner Strauss was appointed as budget officer. MSP
2
Chairman Haunsperger stated that he would get the list of the five people who served on last
year's budget committee and give the list to Commissioner Strauss.
Mike stated that the Board needed to meet in April and then again in June as part of the budget
process. The City of Tigard's budget must be approved by June 30.
The Board agreed to meet on April 27. A budget meeting will be held at 6:00pm and then the
regular meeting will follow at 7:00pm. The Board will meet again on June 1 at 7:00pm for a
second budget meeting.
6. Intergovernmental Water Board Update: Commissioner Froude gave a brief update. She
stated that the Consortium voted on whether or not Tigard and TVWD have the right to pursue
developing the Willamette River which was passed, but not unanimously. She reported that Ed
Wegner, Public Works Director, gave an update on the Wilsonville prison site and the water
treatment plant. Metro met with the Governor to discuss the prison. The PR program for the
Willamette Water Supply Agency was discussed. The Regional Consortium meeting regarding
regional water planning was also discussed.
It was noted that 26 agencies belong to the Regional Consortium.
Commissioner Buehner asked why there is a consortium and regional planning when Portland
owns all the water and can cut other agencies'water supply off?
Mike Miller responded that Consortium meets to discuss water usage as a region. Decide how
to transport water and plan as a region, pipelines and connectivity. Portland has an obligation
to continue water provision. The Consortium also addresses the issues of expanding Bull Run,
the Willamette River and tapping into the Columbia River. Mike reported that the Consortium
voted on whether or not Tigard and Tualatin Valley have the right to pursue its own water
source. The Consortium agreed that they do.
A lengthy discussion about the politics of water and the City of Portland ensued.
Mike Miller noted that on May 5,1998 there is going to be a meeting about the Willamette Water
Supply Agency (WWSA). Kevin Hanway and Joe Glicker from Montgomery Watson are going
to give a presentation. Mike encouraged everyone to attend.
Commissioner Buehner stated that she felt that there should be a political official representing
the WWSA and not just the two engineers from Montgomery Watson.
Commissioner Froude responded that the town hall meeting is not a political piece and is more
about the Governor's Task Force report on the Willamette River.
Commissioner Penner asked if any of the board members from the Intergovernmental Water
Board were concerned with the politics of Portland?
Mike Miller responded that he was not aware of any concern. He noted that Ed Wegn*r-had
met with a reporter from The Oregonian to discuss the WWSA.
3
Commissioner Penner asked if anyone from the Tigard area was willing to take on the anit-
Willamette coverage? He asked if members of the Tigard Water Board could write letters in
response to issues covered in The Oregonian? He asked if members would be discouraged
since the City of Tigard has taken a position of not fighting The Oregonian on the issue of the
Willamette River?
Mike Miller responded that the City is going to concentrate on educating the community and the
need for Tigard to have its own water supply. The City will not be involved in the politics.
Commissioner Buehner stated that City staff should not be involved in the politics of the
Willamette River's suitability, but the elected officials should have a voice.
A discussion regarding the need to inform the community about meetings in a timely manner
ensued.
Commissioner Buehner motioned for the Tigard Water Board to meet monthly instead of bi-
monthly for the rest of the year. The motion was approved. MSP
7. Operation Manager's Report: Mike Miller reported that Murray Smith &Associates sent
Ed Wegner a memo regarding the cost to Tigard, if the City of Portland decides to build up Bull
Run. Mike stated that an entire renovation would cost approximately $800 million. The first
option for a short-term solution would cost a total of$305 million and Tigard's portion would be
$84 million. The second option would cost a total of$636 million and Tigard's portion would be
$97 million. Mike noted that the total cost to Tigard for the Willamette River treatment plant is
$40 million and would give Tigard its own water supply.
Mike distributed a copy of the draft budget for the Tigard Water Board.
Commissioner Buehner noted that the Utility Manager position was shown as 1/2 FTE and
asked why that was?
Mike Miller responded that his salary is billed 50% to water, 25% sanitary and 25% storm.
Mike stated that the Water Department is going to use divers to clean the tanks again this year.
Mike reported that the during the cleaning of the 280,000 gallon steel tank, which has a column
in the middle of it, it was observed that the column had moved three inches from center. It is
believed that the earthquake of 1993 caused the movement.
Mike noted that the rate charged by Portland had decreased by 14%. The decrease is due to
not peaking last summer. Mike stated that Tigard is only purchasing water from Bull Run right
now. He is anticipating having to purchase water from Lake Oswego in May or June to meet
water demands. The current daily usage rate is about 4.5 million gallons.
Mike stated that he was interviewed by Channel 2 News about two weeks ago regarding a
traffic accident in Tigard. A Ford Explorer crashed and rolled over onto a fire hydrant: Tigard
sent the Explorer's owner a bill for$1,600 for the damage done to the hydrant. Mike stated that
it is City policy to make people who damage hydrants or other City property pay for the cost of
fixing them. The hydrant damaged by the Explorer had to be replaced because it was old and
parts couldn't be found for it. Mike stated that the Explorer's owner went to Channel 2 News
4
about the bill. The owner's car insurance ended up paying the bill. Mike noted that the City has
to replace about five hydrants a year due to car accidents.
8. Non-Agenda Items: Commissioner Froude stated that she went to the park dedication up
by Menlor reservoir. She reported that there is about 25 acres of open green spaces on Bull
Mountain now.
Commissioner Penner asked if anyone new how old the Tigard Water District was? He stated
that it was started in 1938 and is 60 years old.
Commissioner Buehner stated that she felt a rebuttal is needed to be made to the opinion piece
in The Oregonian regarding the Willamette River treatment plant. She stated that she would
like to write a letter/opinion piece to refute it. She wanted to know if she could write the letter as
a board member?
Commissioner Strauss responded that he felt the letter should not come from the Board, but
Commissioner Buehner should be able to write as an individual.
Commissioner Penner stated that he felt that Commissioner Buehner should be able to say that
she is a Board member, but that she is not writing on the Board's behalf.
Commissioner Buehner and Commissioner Penner agreed to write a rebuttal together, but not
on behalf of the Tigard Water Board.
9. Adjournment: The Tigard Water District Board Meeting was adjourned at 8:55 pm.
5
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-fainiiy 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
, PROPOSAL
3886
NO .
SW1/4 NE1/4 SECTION 3 T2S R1W W.M.
Washington County 2S 3AC
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PROPOSAL NO. 3886
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: 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 NW 1/4 SECTION 3 T2S R1W W.M. 2S 1 3BD
Washington County
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PROPOSAL NO. 3888
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: 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
. •
_
oposAL
NO . 3887
SE1/4 NE1/4 SECTION 4 T2S R1W W.M. 2S 1 4AD
Washington County
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PROPOSAL NO. 3887
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
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: -//7/ k BY:
1% Chair
ATTEST: . L-�-
* 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
f..
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 Plannina 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 660-11 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
- V
Exhibit A
Proposal No. 3875
10.1.1 Prior to the annexation of land to the City of Tigard:
a. The city shalt 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.1.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.
11 . 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
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.
15. 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.
16. 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
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 304', 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 CoihWy of
Washington and State of Oregon.
Revised 4/14/98
Final Order - Page 10
..,
.: PROPOSAL
NO . 3875
NE1/4 NW1/4 SECTION 10 T2S R1W W.M. 2S 1 10BA
Washington County
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PROPOSAL NO. 3875
CITY OF] TIGARD
' ANNEXATION
FIGURE 2
CITY OF TIGARD
OREGON
TO: Tigard Water Board Commissioners
FROM: Michelle Wareipebe----
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