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HomeMy WebLinkAbout5.56 Original ContractServing the North Olympic Peninsula 1 89th Issue of 64th Year State accuses city of $50,000 error By LEE SIEGEL Olympia correspondent The Port Angeles City Council virtually gave away $50,000 in timber when it lifted cutting restrictions last year on surplus property sold in 1975, according to the State Auditor's Office. City officials, however, dispute the auditor's findings. "Failure of the city council to :obtain compensation for lifting the timber cutting restriction resulted in the loss of revenue to the city con- servatively estimated at $50,000, and in our opinion, violated the State Constitution," says a report released by the auditor's office. "This action by the city appears to be due to careless investigation into THE DAILY NEWS the facts and circumstances of the transaction," the audit added. The city's written response to the auditor says the charge "is without merit" and "lacking correct facts." But the Auditor's Office has stuck to its position. The dispute involves the 1975 trade and sale of surplus city property near Lake Creek in the Morse Creek watershed to James and Karen Fraioli. A 40 -acre tract was sold in exchange for a tract owned by the Frailois and $30,000, which the audit said was a reasonable price at the time for the land alone. When the land was sold, cutting the timber on it was prohibited because the Morse Creek watershed was the city'smam source of water. In 1978. the city obtained a new r Port Angeles, Wash. 98362 (452- 2345)— Thursday, Nov. 15, 1979 24 Pages 20 Cents water source from the Elwha River, and the city council lifted the ban on timber cutting in October, 1978. The State Auditor said the city should have received compensation for the value of the timber, which county forester Mel Sund has estimated to be worth at least $50,000, though there have been no logging operations on the property as yet. The audit report recommended the city either rescind its 1978 vote or obtain compensation. "We further recommend that prior to lifting such (cutting) restrictions, an appraisal be made to place a fair market value on the land and timber to guide the city in negotiating a'fair price," the report added Acting city manager David Flodstrom said today the city is not considering either rescinding its vote or attempting to obtain com- pensation. The city council obtained two appraisals of the property in 1975, according to administrative ser- vices director Rob Orton. The ap- praisals showed "the timber value was not significant in arriving at a fair market value," he added. "Therefore, the price Fraioli paid for the property was fair." "The thing that really puzzles us is that when Mr. Fraioli purchased the property in 1975, he had no way of knowing that three years later the city would abandon the Morse Creek watershed," Orton said. He said the council did not obtain payment for the timber after it lifted the cutting ban last year because the 1975 appraisal showed the timber value was not significant. Orton and Flodstrom questioned the $50,000 value placed on the timber by the county forester. "It is our contention the timber is still not of significant value," said Flodstrom. "The $50,000 figure is inappropriate." Sund disagrees, however. "If the city says the timber is insignificant, they have made a mistake," he said. "In my opinion this whole thing is an oversite by the city." The audit report said the city's response "reinforces our finding in that the city received no com- pensation for relinquishing one of its rights under the original agreement." The Fraiolis could not be reached for comment. The audit report comes at a time when the city is having to dip into its $1 million reserve fund to maintain the current level of city services for 1980. The city agreed with a second audit finding that the city's financial statements are misleading because the city failed to properly maintain records of its fixed assets. But the city said it lacks funds and manpower to inventory and ap- praise the assets. However, the city has pledged to start work to correct the situation. Dear Jim: DTF /jh Mr. James Fraioli 616 Eighth Avenue Seattle, Washington 98104 [Ity 1' TOURIST MECCA OF THE NORTHWEST A- eles 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 February 18, 1981 The City Council, at its February 17, 1981 meeting, took a second look at purchasing your Morse Creek property. Based on the City's present financial condition and on the fact that the City currently is the owner of a substantial amount of property in the Morse Creek Watershed, the City Council has decided not to exer- cise their first right of refusal option. The City wishes to thank you for your letter and looks forward to an opportunity to work with your prospective buyers as far as the logging and watershed conditions which apply to this property. Good luck on your sale and hope to hear from you at the time of the sale. Sincerely, David T. Flodstrom City Manager 5,56 January 27, 1981 44.444, 4 474 /;10 l7ri.e Mr. Mayor City Council Members Port Angeles City Council Port Angeles, WA y' rear Mr. Mayor City Council Members, J �o u o As per our agreement of which I have enclosed (Page 3(e),,I am`offering to the City the first right of refusal on my property. 1r I have a cash offer for 460,000 net tome. The buyer has agreed to pay approximately $10,000 of outstanding bills to Clark Associates and to assume all closing costs. Your attention in this matter will be very much appreciated. Thank you very much! Business Phone: (206) 624 -2040 Hone Phone: (206) 641 -8792 9 a. s. V1 ss4, Sincerely, &t James Fraioli A 2 7fr/ MEMO: FEBRUARY 17, 1981 TO: MAYOR AND CITY COUNCIL FROM: DAVE FLODSTROM, CITY MANAGER SUBJECT: JAMES FRAIOLI PROPERTY OPTION el 2 /„.a., ,K.4 z. Asait-•2--"--- -61z1L.0_,-..,/ DF /jh /2- A II At the last City Council meeting, the Council received a letter from James Fraioli regarding his wishing to sell his property in the Morse Creek area. Councilmember Hordyk asked for a map (attached) which shows the relationship between Mr. Fraioli's property and the City's Headworks property. Councilman Hordyk's concern about future sites for hydro plant sites is an important one; however, given our other property holdings, I believe that we have several pieces of property which will better support hydro sites. At this time, I do not feel the City should exercise its option to buy Mr. Fraioli's property, first because we do not have the required funds and second, because we can place conditions on the property which protects the water quality of Morse Creek. C r ay. t j. James R. Tuttle Assistant Attorney General Temple of Justice Olympia, Washington 98504 RE: Examination No. 45239 City of Port Angeles 1978 Finding No. 1 Dear Mr. Tuttle: TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 A1. ES January 3, 1980 In response to your letter of December 3, 1979, and our telephone conversation concerning this matter, I enclose for your reference much of the material which you have requested on this situation. I have broken these materials down into a series of exhibits, roughly based upon subject matter, as follows: Exhibit No. 1: Correspondence associated with the first trade of property between City and Mr. Fraioli. This exhibit includes appraisals dated September 13 and October 10, 1973, which apprai- sals were used in the later transactions. Exhibit NO. 2: Materials related to the second trade between the City and Mr. Fraioli in 1975. Of particular importance in this exhibit is a letter dated June 27, 1979, from Mr. Fraioli in which negotiations on the exchange are discussed. Mr. Fraioli notes that, should the City ever move its water source from the Morse Creek area, he would wish the restrictions placed upon his property to protect that watershed to be removed. Exhibit No. 3: The City Council resolution and easement agreement whereby the City granted an easement to the Burrowes and Fox Log- ging Company in 1978. Exhibit No. 4: Mr. Fraioli's request for amendment of his easement to remove the conditions and make it conform to the Burrowes and Fox easement, and the City Council actions by which this was accomplished. Tuttle, AGO Page 2 Exhibit No. 5: A map showing the property sold and traded by the City and Mr. Fraioli. The easement which is hereof of concern is shown as a dashed line. Mr review of these documents indicates that the 1978 removal of the restrictions from Mr. Fraioli's easement was done 'by the Council for two reasons: (1) To make Mr. Fraioli's easement conform to that recently granted by the City Council to Burrowes and Fox; and (2) To complete the agreement between the parties in 1975, which was expressed in Mr. Fraioli's letter of June 27, 1975 (Exhibit 2) but, unfortunately, not fully carried into effect by the agreement between Mr. Fraioli and the City. As you are aware, the City was forced by the Department of Social and Health Services to change its water source in early 1978. This resulted in the ceasation of the necessity to fully maintain the City's watershed in the Morse Creek area. This was a motivating factor in the decision by the City Council to settle the litigation between the City and the Burrowes and Fox Logging Company by the grant of easement to that company in the form included in Exhibit 3. It was, likewise, a factor in the removal of the restrictions on Mr. Fraioli's property, in addition to the apparent agreement in 1975 that, upon the happening of such an eventuality, some lifting of the restriction would occur. The City appears to have an excellent defense to the finding by the state auditor based upon the fact that part of the agreement be- tween Mr. Fraioli and the City in 1975 was that the restrictions to the easement to his property were based upon the City's use of the Morse Creek watershed, and that the City's change in water source made the imposition of those conditions unreasonable. It would thus appear to be a failure of the consideration for the inclusion of those conditions when the City moved its water source. If you wish to investigate this matter further, those persons, from the City's point of view, who should be contacted include Mr. John Warder, former city engineer, who still resides in Port Angeles; Mr. Ken Whorton, former city manager, who presently resides in Milwaukee, Oregon; and Councilman John Hordyk, ex- councilmen Lorraine Ross and Carlton Olson, all of whom still reside in Port Angeles, and who constituted the real estate committee in 1975. Mr. Fraioli and his attorney Richard Niichel also have knowledge concerning this matter which you might wish to obtain. Please review this information, and give me a call on it if you which to proceed further. I will make arrangements for you to discuss this matter with whomever you wish, including the City Council if that is your desire. Very y yours, 4‹ Craig Miller City ttorney CLM:pr Ac City Manager Finance Director David T. Flodstrom City Manager City of Port Angeles 140 West Front St. Port Angeles, Wa. 98362 Dear Mr. Flodstrom: LESTER J LANCASTER Clallam County Assessor PORT ANGELES, WASHINGTON 98362 Nov. 19, 1979 In response to your letter of todays date I would like to provide the following information. On May 18, 1979 I was asked by a State Examiner if there was any value attributable to the timber on the NYBM44. Sec. 6; Twp. 29N.; Rge. 5W. I reviewed the aerial photos of this parcel and made the statement that, in my opinon, there was at least 50,000 worth of timber on the aforementioned 40± acres. I have never been on this parcel to cruise the timber. If the City or the State needs accurate estimates of the volume and value of the timber on this land a timber cruiser should be hired to determine same. For your reference I have enclosed a copy of the aerial photo covering the area involved as well as a copy of our Assessors map. I hope these will be usefull to you. If you have any further questions feel free to contact our office again. Sincerely: Melvin D. Sund Forester Assessors Office Clallam Co. Courthouse Port Angeles, Wa. 98362 H N D O T A l) 0 c) A to 1!320 0' c0 0 /3 /9 9,) (A "TF 0 (4 Mayor Haguewood introduced and read in full Resolution No. 44 -78 entitled, Resolution No. 44 -78 A RESOLUTION of the City Council of the City of Port Angeles adopting the Public Transportation Feasibility Study in accordance with WAC 365.41.310 and as prepared by the firm of Clark and Associates. Councilman Buck moved the Council adopt the foregoing Resolution as read in full by Mayor Haguewood. The motion was seconded by Councilman Anderson and carried unanimously. B. Resolution: Improvement Conference Mayor Haguewood introduced and read in full Resolution NO. 45 -78 enter L3 ed, Resolui No. 45 -78 A RESOLUTION of the City Council or the City of Port Angeles respectfully requesting the Clallam County Commis- sioners to convene a Public Transpor- tation Improvement Conference in ac- cordance with RCW 36.27A.020. Councilman Boardman moved the Council adopt the foregoing Resolution as read in full by Mayor Haguewood. The motion was seconded by Councilman Duncan. During discussion on the motion, Manager Whorton explained to the Council that the City of Sequim is quite interested in this matter and if a similar Resolution is adopted by the Sequim City Coun il, the County, by law, would be automatically required to call such a conference. On call for the question, the motion was unanimously passed by the 'Council. 8. AMENDMENT TO AGREEMENT: JAMES FRAIOLI Mayor Haguewood read a letter from Mr. James Council remove the restrictions on a portion was involved in a trade of another parcel in control a section of City water shed on Lake Fraioli, requesting the of his property that order to protect and Creek. Manager Whorton then explained the "Amendment to Agreement," point- ing out that the only change from the original agreement is con- tained in Section "C five conditions which are the same as those contained in the Burrowes and Fox Logging Co. easement agreement. Following several comments and questions from the Council, Council- man Wray moved the Council approve the "Amendment to Agreement." The motion was seconded by Councilman Buck and carried with Council- man Hordyk voting "NO." 5.5C0 property: 503691 AMENDMENT TO AGREEMENT -1- 5,S, JUN 1 g7q s R ECEfl I E E PORT CITY OF D CIO 6'. C CLERK THIS AGREEMENT, made and entered into this day of 1978, between the CITY OF PORT ANGELES, a municipal corporation, hereinafter referred to as the "City" and JAMES J. FRAIOLI nad KAREN L. FRAIOLI, his wife, hereinafter referred to as "FRAIOLI WITNESSETH: WHEREAS, the City's water supply comes from Morse Creek and both parties own property in 'the Morse Creek water shed; and WHEREAS, Fraioli desires to trade ten (10) acres of his property for ten (10) acres owned by the City, and to WHEREAS, the ten acres proposed to be traded by Fraioli lies immediately North of land recently traded to the City by Fraioli, and it would be advantageous to the City to have this property because of its location in its water shed; and WHEREAS, the forty acres that Fraioli desires to pur- chase is surplus insofar as the City is concerned; NOW THEREFORE, IN CONSIDERATION of the mutual covenants herein contained, the parties agree as follows: 1. The following exhange of properties will be made: The City will transfer to Fraioli the following described real property: The Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 6, Township 29 North, Range 5 West, W.M., Clallam County, Washington. Fraioli will transfer to the City the following described real The North ten acres of the South 20 acres of the following described tract, to wit: The Northwest Quarter of the Southeast Quarter and the West half of the Northeast Quarter of the Southeast Quarter, all.lying in Seciton 6, Township 29 North, Range 5 West W;.M., Clallam County, Washington. VOL 567 :,,_172 Fraioli will purchase from the City the following described real property: The North half of the South half of the Northeast Quarter of Section 6, Township 29 North, Range 5 West, W.M., Clallam County, Washington. for the sum of THIRTY THOUSAND DOLLARS ($30,000.00) in cash. The exchange of properties and the sale of property agreed to above are subject to the following conditions: (a) Satisfactory evidence of insurable title in the City and Fraioli to the property to be transferred by each; (b) Fraioli shall have the right to reserve an ease- ment for ingress and egress over and across a forty foot strip along the existing road over the ten acre tract to be trans- ferred to the City in the exchange of ten acres tracts pro- vided above. (c) Fraioli agrees for themselves, their heirs, assigns and transferees not to develop this property or cut any trees on the property transferred to them under this agreement now or at any time in the future unless; (1) The Fraiolis or assignee recognize the highly sensitive use by the City of the property affected by this agreement, as a watershed, either as a primary source of City water, or an alternate source. (2) Fraioli or assignee shall comply with the Forest Practices Act of the State of Washington to protect the watershed. (3) Fraioli or assignee shall maintain all roads as private roads and shall have locked gates to prevent public access. Location of the gates to be determined by the parties affected. (4) Fraioli or assignee shall provide portable toilet facilities for all construction workers, truck drivers, and others involved in land development, tree cutting, logging and or hauling of logs. -2- V O L 567 4J:73 (5) Fraioli or assignee shall cease all develop- ment, logging and or truck activities when the contamination of the water at the Morse Creek Division Dam, maintained by the City, exceeds five (5) Jackson turbidity units; however, development and or logging may be resumed if evidence pre- sented to the City of investigations by the City show that the logging or development activities are not the source or not contributing to the level of JTU's in Morse Creek. The provision as to cessation of development and or logging truck activities will not apply during any period of time the City is not using water from Morse Creek for its water supply. (d) Fraioli will not grant any easements or rights -of- way over the property received by him under this agreement without first obtaining the approval of the City, and will not use the property for any purpose that would adversely affect the Morse Creek watershed. (e) In the event Fraioli offers the property received by it under this agreement for sale during a period of ten (10) years from the original date (August 1, 1975) of this agreement the City shall have the first right of refusal, and the right to meet any offer that Fraioli has for the purchase of said property. In the event any of the specific agreement and con- ditions outlined above are breached by Fraioli, and Fraioli fails to correct said breach within thirty (30) days after being given notice thereof by the City, this amended agreement will terminate and all the conditions of the original agreement shall be in affect. IN WITNESS WHEREOF, the parties have set their hand on the day and year above written. CITY OF PORT ANGELES By By P uel J: 'aguew6od, Mayor J arian C. Parrish, Clerk `FraiAl�i Karen L. Fraioli VL PALLl74 STATE OF WASHINGTON ss County of Clallam On this 33h4- day of c e 1978, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Samuel J. Haguewood, and Marian C. Parrish, to me known to be the Mayor and Clerk, respectively, of the City of Port Angeles, the corpora- tion that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day ye,p.t ,first above written. •10 t, cP u, 7; Q a= iC If t STATE OF WASHINGTON ss County of Clallam ZWAWAJW/t ry Public in and for the State of hington; residing at Port Angeles. On this day personally appeared before me JAMES J. FRAIOLI and KAREN L. FRAIOLI, his wife, to me known to be the individuals described in and who executed the within and foregbing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. •.,`pgvE.N under my hand and official seal this day of "sfi.,�- 1977. ti t 0 C FILEI.Lid,f?:lV.i? IA ,iEt4 idUt S1 OF, Ri.CURE D 114 OROS OF CULL AM E fi. IS19 DEC 27 P 1 3: 34 LICE T ORNE, AUDITOR CL COUNTY. WASH. PU(Y Notary Public in and for the State of Washington; residing at Port Angeles. VOL 567 ,4,,175 •,SENDg'st Cr .A ur address in the "RETURN TO space on reverse 03 1 ^The following service is requested (check one) Show to whom and date delivered 15¢ .l Show to whom, date, address of delivery 35¢ RESTRICTED DELIVERY. Show to whom and date delivered 65¢ RESTRICTED DELIVERY. Show to whom, date, and address of delivery 85¢ r i, 2, and 3. 2. ARTICLE ADDRESSED TO .729 j e?5 /LF�E r1 ,C /e> e' 7, 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. (Always obtain signature of addressee or agent) m I have received the article described above. m SIGNATURE Addressee Authoy'zed ages -/--/90" 12/ C� 4. m TE OF DELW@ AT 4� 5. ADDRESS (Complete only if request 0 1 m 6. UNABLE TO DELIVER BECAUSE: 0 POSi'PJ RK Yf GOP 1976 --0 -203 -456 K0.449588 mum= COMAE vnov511E0— FI®Y fFCR EIB'IEfIgA1C©FIAL (See Reverse) SENT TO /Ceg.ee F,ei�oG STREET AND NO �vU� 6 P O STATE AND ZIP CODE 0,:5e,42-; TLe w/ 9P ff POSTAGE TOTAL POSTAGE AND FEES POSTMAWtt On DATE' r. (0 CERTIFIED FEE L4 Og SPECIAL DEUVERY RESTRICTED DEUVERY 0 ga 2 V SHOW TO WHOM AND us e'2 DATE DELIVERED g AND ADDRESS OF DATE, DELIVERY e. O g SHOW TO WHOM AND DATE a f2 DELIVERED WITH RESTRICTED 0 0 2 DELIVERY 22 0 a SHOW TO WHOM, DATE AND fq ADDRESS OF DELIVERY WITH v RESTRICTED DELIVERY I$n a e James and Karen Fraioli 616 Eighth Ave. Seattle, Wa. 98104 Dear Mr. and Mrs. Fraioli: y _di: A e es TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 October 4, 1978 The Port Angeles City Council approved an Amendment to your July 15, 1975 Agreement with the City on October 3, 1978. The Amend- ment modifies the conditions set out in the original Agreement relating to the exchange and sale of properties in the Morse Creek water shed. Two copies of the Amendment are enclosed and have been executed by the City of Port Angeles. Please sign the documents, have them notarized, and return one of the fully executed "Amendment to the Agreement" to the City Clerk, City Hall, 140 WEst Front Street, Port Angeles, Wa. 98362 MCP:cc Encl. (2) Sincerely, 5 -2.44;loe./Lne Marian C. Parrish City Clerk ,:f"" 'Orez.^"P r." Z g A zi :x, -4. 4 44. El 1' 1 )g vi 41 77 f' C CroIN -voya 1,1411 v/ /4 iv, /V 1 1 c :L 7 I 7 0 a ti 4...6.4." City of Port Angeles Port Angeles, Washington Attention: City Council Dear Council: JJF /jlm 616 Eighth Avenue, South Seattle, Washington 98104 September 19, 1978 I would very much appreciate your removing the restrictions on a portion of my property that was involved in a trade of another parcel, in order to protect and control a section of city watershed on Lake Creek. In light of a recent easement granted by the council, due to the relocation of your water source, my property is now subject to similar easements and no longer has the protection it once had. As a result, my property cannot be sold, logged, or granted an easement across, which renders it very undesirable. Your consideration in lifting the restrictions would be sincerely appreciated. James J. Fraioli J /1 V 5.5‹. NW RESOLUTION NO. 07A 7� A RESOLUTION of the City of Port Angeles authorizing the exchange of and sale of real property in the Morse Creek water shed. WHEREAS, the City owns ten (10) acres of land in the Morse Creek water shed, and James J. Fraioli and Karin L. Fraioli, his wife, also own ten acres in said water shed, and the Fraiolis have offered to exchange their ten acres tract for the City's, and that it is advantageous from the City's stand- point to own the Fraioli property because of its location in connection with the source of the City's water supply in said water shed; and WHEREAS, the City has forty acres of land in said water shed that is surplus and it would be advantageous to the City to sell it, and the Fraiolis have offered to pay $30,000.00 for said forty acre tract, which is a reasonable price therefor; an d WHEREAS, it is advantageous to the City and in the best interests of its citizens that said offer be accepted, NOW, THEREFORE, BE •IT RESOLVED by the City Council of the City of Port Angeles as follows: 1. The City should make an exchange of properties in the Morse Creek water shed with Mr. and Mrs. Fraioli and should sell them forty acres of land in said water shed for $30,000.00 under the conditions and terms set forth in the proposed Agreement between the parties, a copy of which, marked Exhibit "A" is attached to this Resolution and made a part thereof by reference. 2. The Mayor of the City of Port Angeles, and the Clerk of the City of Port Angeles are authorized and directed to 5.5; enter into said Agreement on behalf of the Citycf Port Angeles and to execute all documents in connection therewith so as to consummate the sale and exchange as set forth in said Agreement. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on the /'day of 1975. ATTEST: eli C LZ�LL Marian C. Parrish, City Clerk APPROVED AS FORM: Stanley T� r, City Attorney C. Vernon Basom, Mayor Beginning at a point on the east line of the NA; of the SEA of Section 6, T -29 -N, R- 5- W.WM., 440 feet more or less north of the SE corner thereof. Thence west, on a line parallel to the south line of said NW4 -SE4 a distance of 120 feet, more or less to the true point of beginning. Ste' Thence on a cours S 35 station 44; N station 45; Thence <N 84° W a distance of station 46; Thence(S 88 station 49; Thence S 3 station 50; 1.4tod Thence(S 31 W a distance of station 51; 349 a distance of 100)feet more or :87 1°19 less to a point on said course referred to as station 43; Thence 72 W a distance of 110 feet more or less to Thence (V 56° W a distance of(200)feet more or less to feet more or less to Thence6 50° -30' W a distance of 206)feet more or less to station 47; distance of 199 feet more or less to station 48; Ad VVeAli Thence{ 78 30' W a distance of 149sfeet more or less to 1,v a distance of Gil feet more or less to pr 110 feet more or less to Thence(S 53 E a distance ofc200)feet more or less to distance of 200 feet more or less to station 53 a point on the south line of the NA; of the SE4 a distance of 420 feet more or less east of the SW corner thereof. Council Meeting 1 June 16, 1976 VI LEGISLATION RESOLUTION NO. 16 -75 A RESOLUTION of the City Council of the City of Port Angeles declaring its intention to purchase the Roosevelt School property from Port Angeles School District No. 21 under the conditions hereinafter set forth. A motion was made by Councilman Lukey and seconded by Councilman Wray to adopt the foregoing Resolution as read. Commissioner Caulkins was in attendance and assured the Council he concurred with their action and considered the Resolution binding. Councilman Lukey then compli- mented the Committee for the professionalism displayed in negotiating this agreement. On call for the question, the motion was unanimously carried by the Council. 10. A memorandum from Light Superintendent Honnold regarding an Interim Power Sales Contract with the Bonneville Power Administration was read in full by Mayor Basom. Attorney Taylor advised the Council that Bonneville requires a Resolution authorizing the execution of the Interim Contract and the following Resolution was presented: RESOLUTION NO. 17 -75 A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing the execution of Power Sales Contract No. 14 -03- 59315. 7. In reference to the Report from the Real Estate Committee re: trade of property with J. Fraioli, and in the absence of Committee Chairman Councilman Ross, Manager Whorton informed the Council he has had discussions with Mr. Fraioli regarding the terms associated with the proposed acreage trade and sale, namely, an appraisal of the City owned 30 acre portion fcr wathershed purposes and a "right of repurchase" agreement would be required; and then recommended the Council authorize the appraisal of the property for watershed purposes and the City Attorney to proceed with the necessary documents for Council consider- ation at possibly the July 1, 1975 meeting. Councilman Hordyk then moved the Council authorize Manager Whorton to arrange for the appraisal of subject property and for the aforementioned agreement. Councilman Olson seconded the motion and it was unaimously passed by the Council. 8. Manager Whorton briefly reported on the actions of the "Roosevelt School Property Proposed Purchase Committee and on the contents and provisions contained within the "Resolution of Intent" that the Council would be taking under consideration. Councilman Haguewood then commented that the obvious intent of the City and the School District was that the property be retained for governmental purposes and that this agreement was a continuation of the joint City /County /School District December 13, 1973 Agreement. The Resolution was then read in full: 9. Manager Whorton's Cresthaven Street Improvement recommendation memorandum was read in full by Mayor Basom. In was then moved by_Councilman Wray, seconded by Councilman Lukey and unanimously carried to concur with Manager Whorton's recommendation and refer this matter to the 1976 Street Budget deliberations for consideration. A motion was made by Councilman Hordyk, seconded by Councilman Olson and unanimously carried to adopt the foregoing Resolution to authorize the signing of the Contract by the Mayor. 11. The next item taken under consideration was the Agenda for the Fluoridation Public Hearing which is scheduled for Tuesday, June 24, 1975 at 7:30 P.M., in the Peninsula College Little Theater. Mayor Basom read the Agenda which outlines the format to be followed at the hearing and stated for the record that no official Council action will be taken at this hearing. At Councilman Lukey's recommendation the hearing will be adjourned at 10:30 P.M. The City's "Notice of Public Hearing" was published in the Daily News on June 11 and 20, 1975. Consulting Forester Port Angeles, Washington 220 EAST FIRST FiiONE 457 -3877 James Fraio7i Route 4, fox, 968 Port Angeles, Washington September 9, 197$ Subject: Burrows logging road Dear 1.tr. F ?ioli I have been over the property lines in the north half or Section 6, T23M, R5W, W.M. and I have been over a tenative location for a logging road that would leave the county road near the northeast corner of the section and stay on State land and enter the Burrows property on the north boundary of the north boundary of the N77 SW? The road slopes are level to moderate; the road grades would not exceed 1L and this would be a favorabe grade for a loaded lo truck. The adverse grade would not exceed l2 There will be no problem in road construction as there i.s•no rock and no bad creek draws to cross. Sincerely yours, (v ioyd L. Dickinson Consulting Forester Forest Engineer e, v r 1 Y d w r Web c. o 00‘• S e C.- IT e. ..l S. SG hQ-a Q Q S e 7 6 3. Dear Mr. Warder: 7S ft4e,=)",-e--k ))114, John Warder Acting City Manager. City of Port Angeles P.O. Box 711 Port Angeles, Washington 98362 May 7, 1975 As recently discussed with you, I would like to make a proposal for the trade of additional property between myself and the City. As you are aware, I am the owner of property at the end of Mount Pleasant Road, which is bounded on three (3) sides by City property. Several months ago we concluded a transaction whereby the City traded City owned property on my north side for proper- ties owned by me from my easterly and southerly boundaries, which directly border the Morse Creek water shed. Since we concluded that trade, it has become apparent to me that the trade of additional land would be mutually beneficial to both the- City and myself. As a consequence, I am prepared to make the following pro- posal regarding the trade of additional properties in the area. It would be Ally proposal to trade to the City the north ten (10) acres of the south twenty (20) acres of the following described tract, to -wit: The Northwest Quarter of the Southeast Quarter and the West half of the Northeast Quarter of the Southeast Quarter, all lying in Section 6, Township 29 North, Range 5, W.W.M., Clallam County, State of Washington. '1 John Warder Page Two May 7, 1975 For .your information, this property lies immediately north of a strip of land recently traded to the City and adjacent to Lake Creek, and within the Morse Creek water shed. In return, the City would trade to me the north half of the south half of the northeast quarter of Section 6, Township 29 North, Range 5 W.W.M., and the southeast quarter of the southeast quarter of the northeast quarter of Section 6, Township 29 North, Range 5 W.W.M., Clallam County, Washington. The property of the City being traded to me is not con- tiguous to the Morse Creek water shed by virtue of the fact that my ownership intervenes. However, this additional property is beneficial to me to provide me with the needed protection from encorachrnent by other property owners, and further, provides me with opportunity to place a road on the property to provide me access to a future homesite, on property presently owned by ine. I, of course, recognize the disparity in acreage to be traded and would be willing to pay the City "boot" in order to equalize the trade. Because of the short period of time that has elapsed since the last trade, I am sure that you and other members of your staff are familiar with the property and cognizant of the mutual benefits to be gained by the trade. If you have any questions concerning this proposal, please do not hesitate to call me, and I will be happy to discuss the same with you in more detail. Thank you for your past and anticipated cooperation. JF;ml Very truly yours, rcr C James Fraioii vi l4r; V u a ti MET5E-'ER MAPS III SOUTH 40TH ST,, -rAcorila wAsH it G ON 12,22 THIRD AVE, SCATTLE W AHING1ON T 0 PC A' 7 /-1 N C; r_.: I_ 1:5 7 0 ,4 6 E I. 1/ 1 41 t v t 3,9 1c; -'3 21 l',`r i A 3' 33 4 1 1,5•.-i -'ri 7 ,...,L. Y ,-Liv, J i 4 3 I) "4 i it 11 ocr, 1 di 1 2 r. 'i tt 47, 4,6 I .i, i!..: 4 t., 5 4 7:::: F.'no 77::..4 1 44.32 S TAT L FOR E St■-' li OA R 0 .0.'1 0 i c..: ;CS -i'i tit__ 7 ',11 Lc1;, L.. f 'a': i I 1 I__ _i_ i A 2 _1 C I ii 1-,13t, L. 11" 3, I, 11 A 1 4 I. 5 I I 71—n- 1 I C I T Y 0 i s' RO5COE. 4H.H :I it -,t'c ''N'---\ e I t ,'il..1'.'1 lid! IA I LL( I I A ',_,r:, r 1..,__ _,......c' .21 1 1, ,z .r, r E ,I• 1 1 i r -1-7(4' i-- t, .-tt 1" to f -td '7 4 ;1 1: •NGELC.f'• 1.- r'' L 77- A N 1 I r Le A e 1 ----,---,i,..- 0 5 p t ,t N r w ....z (1-•.- f 5/ 3" 1-.1,:c....,, I .i 7 "ii 0 .t`••• E.... 1-.1..,F. 3 ,-,vw ,,;•,1- P/M 1:0 a) i 7 i 1 1 UUCk 171 Di 1 I 0 7:41 U 5 r r\ 1 e/7 —3 2." I 3..' 4.4 1 i 5TAT 1: FO!‘ 't 0tV''. b s 's 0 '''t et:4 t I I C 1 S I .c i i 4„... i ri t C r „5/ ...j C.!--t".r— 4 k`l1- t',u 4. litt ,,,,-1 1 1 If 2., i I,- z-.-' c, r,--- s. pi .5 ---..:y•-•- tr t. tr. t-: 4- it4Ft •ri ,e ,--j ■I n I l' i 1 1 1_0“Lit, 1 Rock ck fi' 1 /7 1 0 7 I 1 I C'R SALr LW Round tVitn. 20 I 0 )-71/ 30 1 DATED JAN.1970 H I r .1) t ,1 IC I 5/:_;100t,_ LAND t I.; 5 tr• p 4`... I 28 CI' L 6.k.„ 4;-ab k• di 0 c 1 STATE FORr=fial 1,, re D k 5. I /{4 4 '7 I '4 1 e” 4 .s, !;•,c+ M 10 4 t 4 7: s I Filed for Record at Request of 10 THE GRANTOR, JAMES J. FRAIOLI and KARIN L. FRAIOLI, his wife, for and in consideration of in hand paid, conveys and warrants to THE CITY OF PORT ANGELES, a municipal corporation, the following described real estate, situated in the County of Washington: Dated this PIONEER NATIONAL TITLE INSURANCE ATICOR COMPANY STATE OF WASHINGTON, County of Clallam Ten Dollars ($10.00) 2 -.0 SS. THIS SPACE RESERVED FOR RECORDER S USE Statutory Warranty Deed Clallam State of The North 10 acres of the South 20 acres of the following described property: The Northwest Quarter of the Southeast Quarter and the West half of the Northeast Quarter of the Southeast Quar- ter, Section 6, Township 29 North, Range 5 West, W.M., Clallam County, Washington. day of August, 1975. REVENUE STAMPS FORM L58 (SEAL) (SEAL) On this day personally appeared before me JAMES J. FRAIOLI and KARIN L. FRAIOLI, his wife, to me known to be the indiv;duai S described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this 9-- lr1 da of August, 1975. J A'ntarvJI'ihlic in and for the State of Washington, r... PCs a° A n t i ro c Pioneer National Title Insurance Company WASHINGTON TITLE DIVISION Filed for Record at Request of TO for and in consideration of convey State and quit claim Dated this SS. 1 THIS SPACE RESERVED FOR RECOPDER'S USE 429431' fILEQ tRfiEURBAT, HE RFOIEST :COr c_f 11�;,rr,1 in CI 1974 JAN -7 F1112: 26 ALICE r. Lt.r, ft"J I Tf;l'r�Y, ..ii t, Quit Claim Deed THE GRANTORS, JAMES J. FRAIOLI and KARIN L. FRAIOLI, his wife, One Dollar ($1.00) to THE CITY OF PORT ANGELES, a municipal corporation, the following described real estate, situated in the County of C l a l l airt of Washington including any interest therein which grantor may hereafter acquire: The East Half of the Northeast Quarter of N0. 7?V3 the Southeast Quarter; and the South ten (10) CLALLAM COUNTY acres of the following tract: TRANSACTION EXCISE TAX. The Northwest Quarter of the Southeast Quar- ter and the West half of the Northeast QuarterpAlD JAN of the Southeast Quarter; all lying in Section 1974 6, Township 29 North, Range 5 West, W.M., Clal- A M O.. lam County, Washington. CO ffl TREASUR Reserving to the grantors an easement for ingr and egress over and across a forty foot strip as now blazed on the above described property. day of December, 1973. 4pole (SEAL) (SEAL) STATE OF WASHINGTON, Count* 'of, Clallam t. •T, /VI •l. jam r 8 tlLs •day personally appeared before me ty� o k gfeo be the individual described in and who executed the within and foregoing instrument, and SCkh that they signed the same as their r, ik g r s'es therein mentioned. "..GIVER' under my hand and official seal this 2, day of JAMES J. FRAIOLI and KARIN L. FRAIOLI, free and voluntary act and deed, for the ecember._ 973 0013'x' FORM L 56 R a Pubic .en and bon. the State ob Waeh.ington, Port Angeles Aee.id.Lng at REVENUE STAMPS S• SC P ,,,,;:7 -Jo- fi 1 Q Q 1 21:n n ;:;1 ATICOR COMPANY No. To: M -33241 Pioneer National Title Insurance Company CLALLAM COUNTY OFFICE 124 W. FIRST ST. PORT ANGELES, WASH. 98362 TEL 457 -8553 JIM FRAOLI RE: CITY OF P.A. FRAIOLI Date: AUGUST 4, 1975 AT 8:00 A.M. PRELIMINARY COMMITMENT FOR TITLE INSURANCE (X)4 Owner's standard coverage Purchaser's standard coverage Mortgagee's standard coverage Mortgagee's ALTA coverage IN THE EVENT THE TRANSACTION FAILS TO CLOSE AND .THIS COMMITMENT IS CAN CELLED, A FEE WILL BE CHARGED TO COMPLY WITH THE STATE INSURANCE CODE AND THE FILED SCHEDULE OF THE COMPANY. PIONEER NATIONAL TITLE INSURANCE COMPANY agrees to issue on request and on recording of any appropriate documents, its policy or policies as applied for, with coverage as indicated, based on this preliminary commitment that title to the property described herein is vested on the dare shown above in. CITY OF PORT ANGELES, A MUNICIPAL CORPORATION. subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. This report and commitment shall have no force or effect except as a bans for the coverage specified herein. DESCRIPTION: PARCEL I "A "I: PARCEL "B EXCEPTIONS: 1. AUDITOR'S NO. AFFECTS REFERENCE 4. TO THE FEBRUARY 25, 1958 306901 ALONG THE MOUNT PLEASANT OF THE NORTHEAST QUARTER 29, RANGE 5 WEST, W.M. RECORD OF WHICH IS HEREBY MADE FOR Amount Premium WASHINGTON LANG TITLE ASSOCIATION /NELIMINAAT COMMITMENT FORM WASHINGTON TITLE DIVISION $37,500.00 $192.50 $9.63 By _L".„9 ROBERT N. REED Authorized Signatory THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER, SECTION 6, TOWNSHIP 29 NORTH, RANGE 5 WEST, W.M., CLALLAM COUNTY, WASHINGTON. THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 6, TOWNSHIP 29 NORTH, RANGE 5 WEST, W ".M., CLALLAM COUNTY, WASHINGTON. LIABILITY TO SUPPLEMENTAL ASSESSMENT FOR GENERAL TAXES. SAID PREMISES ARE SHOWN AS EXEMPT ON THE GENERAL TAX ROLLS FOR THE YEAR 1975. 2. LIEN OF REAL ESTATE EXCISE SALES TAX UPON SALE OF SAID PREMISES, IF UNPAID. 3. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PUR— POSES STATED HEREIN, AND INCIDENTAL PURPOSES. FOR AN ELECTRIC TRANSMISSION AND DISTRIBUTION LINE OR SYSTEM IN FAVOR OF PUBLIC UTILITY DISTRICT NO. 1., OF CLALLAM COUNTY RECORDED ROAD IN THE SOUTH HALF OF SECTION 6, TOWNSHIP FULL PARTICULARS. S.SC0 TITLE IS TO VEST IN JAMES FRAIOLI AND WHEN SO VESTED WILL BE PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF HIS WIFE IF MARRIED AND, IF MARRIED, WILL BE SUBJECT TO MATTERS DISCLOSED BY A SEARCH OF THE RECORDS AGAINST HIS WIFE'S NAME. LEA J07E: hirettiga:ion tbould be made to determine i/ there are any service, installation, maintenance, or conhIractiou charges for stray, tv4.ser or electrtessy TAX AUDITOR'S OFFICE CLALLAM COUNTY, WASHINGTON Received from �IG I✓L�' �1.�'.�/ In payment of Recording Fees on th llo) instruments: NUMBER OLYMPIC PRINTERS WHEN FILED GRANTOR OR VENDOR Port Angeles, Washington, GRANTEE OR VENDEE I INSTRUMENTS Alice C. Thorne, Auditor •I,U 5.SG FEE Deput CITY OF PORT ANGELES, WASHINGTON 457-0411 DATE OF RECEIPT RECEIVED OF NO Cr7CDIT ro Al i OF 1 Current Expense 2 Street 3 Library 4 Park 5 Cemetery 6 Equipment Rental 7 Sanitation 8 I Water 9 1 T 10 11 Off Street Parking 12 1 13 Pe s 14 rY ifdevvment 15 16 63+49 17 ,a:; 3 18 G Boatids.:61 19 Rev Bonds '61 20 LID'S TREASURER S OFFICE 140 WEST FRONT STREET P O BOX 711 GL '2's1. t IN PAOMENT OF 6 -7Q 1,-34 U 4 k ��z. 02 .1744204 d U U Ha+poL Q., Moo e dos.ness Forms Inc m AMOUNT TOTA PAYM'T 3 eem if 1 91975 TREASURER'S COPY 1% REAL ESTATE EXCISE TAX MAKE REMITTANCE PAYABLE TO ROBERT J. CLARK, CLALLAM COUNTY TREASURER James J. Fraioli and KARIN L. Fraioli,Route 4, Box 968, Port Angeles, Wn. 98362 Name of Seller and complete address The City cf Port Angeles, P. 0. Box 711, Port Angeles, Wn. 98362 Name of Purchaser and complete address LEGAL DESCRIPTION OF REAL PROPERTY SITUATED IN CLALLAM COUNTY: PARCEL NO The North 10 acres of the South 20 acres of the following described property: The Northwest Quarter of the Southeast Quarter of the West half of the Northeast Quarter of the Southeast Quarter, Section 6, Township 29 North, Range 5 West, W.M., Clallam County, Washington DESCRIPTION OF PERSONAL PROPERTY IF INCLUDED IN SALE: GROSS SALES PRICE Meaning Equrty plus 1$ 7 5 0 0 0 0 obligated balance PERSONAL PROPERTY (Deduct) TAXABLE SALES PRICE 7,.500.00. DATE OF INSTRUMENT (On date of delivery of instrument if that is closing date provided in contract; otherwise upon execution of contract.) TYPE OF INSTRUMENT.. ..Warranty_ .Dee.d,„_ If tax exemption is claimed explain fully the nature transfer. If sale covers property traded in under Section 61, Chapter 149, 1967 Ex. Session, give date of prior sale Prior Affidavit No FOR STATE DEPARTMENT OF REVENUE USE ONLY Land School District Improvements Year Last Appr. Property Class ETD MANUFACTURED IN SEATTLE BY TRICK MURRAY 64 CHAPTER 28.45 RC PLEASE FILL OUT COMPLETELY' of the This becomes your receipt when stamped paid by the county treasurer. Payment must be made by cash or certified check. This return is subject to audit and verification by the State Department of Revenue, and an incomplete affidavit will be returned. PROCESSED BY Deputy S. Sc., 1% Excise Tax 75.0 Penalty (1% per month after 30 days) Total d AFFIDAVIT The undersigned being first sworn, on oath says that the foregoing information is a true and cor- rect statement of the facts pertaining to the transfer of the above described real estate. Signature A person wilfully giving false information in this affidavit shall be subject to the PERJURY LAWS of the State of Washington. Subscribed and sworn to before me this ..day of Aug.u.. 5 t.. 19.7.5 Notary Public in and for the State of Washington residing at Por't...AIlge.leS AFFIDAVIT RECEIPT NO. and property: A G R E E M E N T THIS AGREEMENT, made and entered into this 1S day of July, 1975, between the CITY OF PORT ANGELES, a municipal corporation, hereinafter referred to as the "City" and JAMES J. FRAIOLI and KARIN L. FRAIOLI, his wife, hereinafter referred to as "FRAIOLI WITNESSETH: WHEREAS, the City's water supply comes from Morse Creek and both parties own property in the Morse Creek water shed; WHEREAS, Farioli desires to trade ten (10) acres of his property for ten (10) acres owned by the City, and to purchase an additional forty (40) acres from the City; and WHEREAS, the ten acres proposed to be traded by Fraioli lies immediately North of land recently traded to the City by Fraioli, and it would be advantageous to the City to have this property because of its location in its water shed; and WHEREAS, the forty acres that Fraioli desires to pur- chase is surplus insofar as the City is concerned; NOW, THEREFORE, IN CONSIDERATION of the mutual convenants herein contained, the parties agree as follows: 1. The following exchange of properties will be made: The City will transfer to Fraioli the following described real property: The Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 6, Township 29 North, Range 5 West W.M., Clallam County Washington. Fraioli will transfer to the City the following described real The North ten acres of the South 20 acres of the following described tract, to wit: The Northwest Quarter of the Southeast Quarter and the West half of the Northeast Quarter of the Southeast Quarter, all lying in Section 6, Township 29 North, Range 5 West W.M,, Clallam County, Wash- ington. 1 Fraioli will purchase from the City the following described real property: The North half of the South Half of the Northeast Quarter of Section 6, Township 29 North, Range 5 West W.M., Clallam County, Washington. for the sum of THIRTY THOUSAND DOLLARS ($30,000.00) in cash. The exchange of properties and the sale of property agreed to above are subject to the following conditions: (a) Satisfactory evidence of insurable title in the City and Fraioli to the property to be transferred by each; (b) Fraioli shall have the right to reserve an ease- ment for ingress and egress over and across a forty foot strip along the existing road over the ten acre tract to be trans- ferred to the City in the exchange of ten acres tracts pro- vided above. (c) Fraioli agrees for themselves, their heirs, assigns and transferees not to cut any trees on the property transfer- red to them under this Agreement now or at any time in the future, excepting in connection with the building of a road on said property, and one homesite. (d) Fraioli will not grant any easements or rights -of- way over the property received by him under this Agreement without first obtaining the approval of the City, and will not use the property for any purpose that would adversely affect the Morse Creek water shed. (e) In the event Fraioli offers the property received by it under this Agreement for sale during a period of ten (10) years from the date of this Agreement the City shall have the first right of refusal, and the right to meet any offer that Fraioli has for the purchase of said property. IN WITNESS WHEREOF, the parties have set their hand on 2 the day and year above written. STATE OF WASHINGTON ss County of Clallam CITY OF PORT ANGELES By 3 C. Vernon, Basom, Mayor By eu �At,�t cx3 Marian C. Parrish, Clerk %2e s' J mes J. F &loll Karin L. Fraioli c),i, qi,„,„ '0 STATE OF WASHINGTON ss County of Clallam On this 1. day of 4, fo r4 1975, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared C. Vernon Basom, and Marian C. Parrish, to me known to be the Mayor and Clerk, respectively, of the City of Port Angeles, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the'free and voluntary act and deed of said cor- poration, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Nota`"f' Public in and for the State of Washington; residing at Port Angeles. On this day personally appeared before me JAMES J. FRAIOLI and KARIN L. FRAIOLI, his wife, to me known to be the individuals described in and who executed the within and foregoing instru- ment, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of .guaus71. 1975. Notary P/th lic in and for the State of Washington; residing at Port Angeles. 4 q ://L,47 John Warder Acting City.Manager City of Port Angeles P.O. I}ox 711 Port Angeles, Washington 93362 Dear Mr. Warder: May 7, 1975 As recently discussed with you, I would like to make a proposal for the trade of additional property between myself and the City. As you are aware, I am the owner of property at the end of Mount Pleasant Road, which is bounded on three (3) sides by City property. Several months ago we concluded a transaction whereby the City traded City owned property on my north side for proper- ties owned by me from my easterly and southerly boundaries, which directly border the I.orse Crook water shed. Since we concluded that trade, it has become apparent to me that the trade of adci iti_onai land w(auJ d be mutually beneficial to both the City and myself. As a consequence, I am prepared to make the following pro- posal regarding the trade of additional properties in the area. It would be my proposal to trade to the City the north ten (10) acres of the south twenty (20) acres of the following described tract, to -wit: The Northwest Quarter of the Southeast Quarter and the West half of the Northeast Quarter of the Southeast Quarter, all lying in Section 6, Township 29 North, Range 5, W.W.M. Clallam County, State of Washington. John Warder Page Two May 7, 1975 Thank you for your past and anticipated cooperation. JF;ml Very truly yours, James Fraioli For•your information, this property lies immediately north of a strip of land recently traded to the City and adjacent to Lake Creek, and within the Morse Creek water shed. In return, the City would trade to me the north half of the south half of the northeast quarter of Section 6, Township 29 North, Range 5 W.W.A1., and the southeast quarter of the southeast quarter of the northeast quarter of Section 6, Township 29 North, Range 5 W.W.M., Clallam County, Washington. The property of the City being traded to me is not con- tiguous to the More Creek water shed by virtue of the fact that my ownership intervenes. However, this additional property is beneficial to me to provide me with the needed protection from encorachment by other property owners, and further, provides ms with opportunity to place a road on the property to provide me access to a future homesite, on property presently owned by iae. I, of course, recognize the disparity in acreage to be traded and would be willing to pay the City "boot" in order to equalize the trade. Because of the short period of time that has elapsed since the last. trade, I am sure that you and other members of your staff are familiar with the property and cognizant of the mutual benefits to be gained by the trade. If you have any questions concerning this proposal, please do not hesitate to call me, and I will be happy to discuss the same with you in more detail. t; •t 1 1 i r: •r •jI A 1 I. r•, I J S ``t C) 1 4' f r��t 1. f'' r i e r� i I t• 1-C1Ft M ET5V■ ER I1 ?PG 1731 a, I.: DATED JAN. 19 70 CLALLAM ta 22 71-41120 AVE., .51.:6TTLE....?i.-:.-11; i t SOUTH lOrti ST., TACOMA wASH1■4 C, I CA 1 '1;71 7- r' ,r'CA' 7 ANC 1 71 F.. 5 II ITC) 1 1 il 4 7-....z.-..■-:.4:-..c.Arme.....-.-:-.1.-.*....rt.;:‘,•_=:417.:.: 1 i 2 i 1 4 I '4 I I .t. i 1(.32 4 C. 1 39's il 33 1 .'3( o I t r F R ET O A r r. el t 'I. t..1 l J. 44:' 1 d'....i4. 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C,t:' IlSt--'.U-C l i 1. x i P1 Fir,V`T Fr...' 1 1 I 1 1 I r i .1.• e I t 1 17 t::: r-- s I RD'Ut )C.3 IV l'Z. t■ 57 i''..":1.. S'._ :i),, LA:16 I :;T:-.1 I I I\ I 1 1 -,-.1....‘• ‘t k 1. 1 t. 1 I A 0 i,"' 1 1 /0.' I 3 fi 2 0.-0. 4.!-- 1...... ....t. 1•■■•■ .1....■ 1 20 v i IS; .2‘ ......2.,,, 1 I t g t j t: i C •N e-t c i,- k Is•i i i v/ I '.110 1 1 I I i i 1 1‘ i 7 I; 0 0 L. Y V 1 j C i 1 /1 I i 1 i I I i Ai' l- (1 I I I I 4 1.a4t of July, 1975, between the CITY OP PORT ANGELES, a municipal corporation, hereinafter referred to as the "City" and JAMES J. FRAIOLI and ECARIN L. FRAIOLI, his wife, hereinafter referred to as "FRAIOLI", WITNESSETH: WHEREAS, the City's water supply comes from Morse Creek and both parties own property in the Morse Creek water shed; and WHEREAS, Farioli desires to trade ten (10) acres of his property for ten (10) acres owned by the City, and to purchase an additional forty (40) acres from the City; and WHEREAS, the ten acres proposed to be traded by Fraioli lies immediately North of land recently traded to the City by Fraioli, and it would be advantageous to the Cif to have this property because of its location in its water shed; and WHEREAS, the forty acres that Fraioli desires to pur- chase is surplus insofar as the City is concerned; NOW, THEREFORE, IN CONSIDERATION of the mutual convenants herein contained, the parties agree as follows: 1. The following exchange of properties will be made: The City will transfer to Fraioli the following described real property© Fraioli will transfer to the City the following described real property: A G R E E. M E N T QL THIS AGREEMENT, made and entered into this /6 day The Southeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 6, Township 29 North, Range 5 West W. F1. Clallam County Washington. The North ten acres of the South 20 acres of the following described tract, to exit: The Northwest Quarter of the Southeast Quarter and the West half of the Northeast Quarter of the Southeast Quarter, all lying in Section 6, Township 29 North, Range 5 West W.M., Clallam County, Wash- ington. Fraioli will purchase from the City the following described real property: The North half of the South Half of the Northeast Quarter of Section 6, Township 29 North, Range 5 West W.M., Clallam County, Washington. for the sum of THIRTY THOUSAND DOLLARS ($30,000.00) in cash. The exchange of properties and the sale of property agreed to above are subject to the following conditions (a) Satisfactory evidence of insurable title in the City and Fraioli to the property to be transferred by each; (b) Fraioli shall have the right to reserve an ease- ment for ingress and egress over and across a forty foot strip along the existing road over the ten acre tract to be trans- ferred to the City in the exchange of ten acres tracts pro- vided above (c) Fraioli agrees for themselves, their heirs, assigns and transferees not to cut any trees on the property transfer- red to them under this Agreement now or at any time in the future, excepting in connection with the building of a road on said property, and one homesitee (d) Fraioli will not grant any easements or rights-of- way over the property received by him under this Agreement without first obtaining the approval of the City, and will not use the property for any purpose that would adversely affect the Morse Creek water shed. (e) In the event Fraioli offers the property received by it under this Agreement for sale during a period of ten (10) years from the date of this Agreement the City shall have the first right of refusal, and the right to meet any offer that Fraioli has for the purchase of said property. IN WITNESS WHEREOF, the parties have set their hand on j. 1 the day and year above written. CITY OF PORT ANGELES By By A--ee-e-= P',/t Marian C. Parrfih, Clerk ames J./Fraioli Karin L. Fraioli STATE OP WASHINGTON ss County of Clallam On this day of 4 4 4 ,,,d 1975, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ce Vernon Basom, and Marian C. Parrish, to me known to be the Mayor and Clerk, respectively, of the City of Port Angeles, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said cor- poration, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Notaiy,Public in and for the State of Washington; residing at Port Angeles. STATE OF WASHINGTON ss County of Clallam On this day personally appeared before me JAMES J. FRAIOLI C. Vernon, Basom, Mayor 3 and KARIN L. FRAIOLI, his wife, to me known to be the individuals described in and who executed the within and foregoing instru- nt, and acknowledged that they signed the Same as their free and voluntary act and deed, for the use and purposes therein mentioned. s/ GIVEN under my hand and official seal this day 1975. V r),:( Notary P lie in nd for the State f Washington; residing at Port Angeles. CITY MANAGER'S RECOMMENDATION ON PROPOSED LAND TRADE AND SALE WITH J. FRAIOLI 1. City would trade ten acres for ten acres as proposed in Mr. Fraioli's letter of May 7, 1975. 2. City would sell additional forty acres at a price to be det ermined by a timber cruiser or appraiser. 3. In the event Mr. Fraioli might decide to sell the property at some future date, the City shall retain the option of having the first right of refusal to re- purchase the property at the original selling price plus reasonable long -term interest. 4. Deed to contain provision that no logging would be permitted for ten years. After ten years selective logging of not more than 10% of the fifty acres per year would be permitted. Under no circumstances would clear -cut logginn be allowed on any portion of the fifty acres except that amount of logging necessary to clear one homesite and a road to that homesite. 5. The deed would further state that any grants of easements, rights -of- way or other actions that might have an adverse effect on the property as watershed be subject to the approval of the City. 7 1 7 5 5.56 Ken Whorton, City Manager City of Port Angeles P. 0. Box 711 Port Angeles, Washington 98362 Dear Mr. Whorton: JF:jn Very truly yours James Fraioli June 27, 1975 As recently discussed with you and the City Attorney Mr. Taylor, and after considerable thought concerning the restrictions put on the use of the property, I agree to make the following proposal. Although there is not much in the way of timber, nor any practical access due to several ravines, I agree not to cut any trees now nor at any time in the future (exception being for a road and a homesite). T further agree to pay thirty thousand dollars for the property, as appraised by Robert L. Kitz Realty and Appraisal Service, based on an appreciation price of 100 per year on the previous land traded between the City and myself. I further agree to give the City first right of refusal to repurchase the property at an appreciation rate of loo per year for a period of ten years. My only request is, after investing my money and paying the property taxes, that if in some future point in time the City's water source is altered or improved and you are no longer concerned about this property, I would appreciate your lifting the above restrictions. Thank you for your past and anticipated cooperation. City of tort Angeles CityH.11 Oak Front a Port T• Tr. ROBERT L. KITZ Realty and Appraisal Service 102 East First Street Phone (206) 457 -3388 PORT ANGELES, WASHINGTON 98362 1. Timber 2. Terrain and assessiT:.ilit:T. 3. Water namely Lake Creek. September 13, 1973 Attn: Join 'Jar:ier Re: Land tr'ce in 6-29 -5 between the City and Janes ±'reioli. Gentlemen.: Het ing_ t'_!C proepect1 a lane jtr^'a between the City and jam es Fraioli as drawn out on the aerial photo map given Tie by 1r. Warder, 1 he e looked the property over an without a formal survey the fo11oT7-n:. is my fin:'ing based on the folio =Ting three factors. As far as a comparison of the timber value on the two parcels, I am note timber cruiser but by looking over the second LroT.•th on each parcel, in my opinion the timber value :aoul:. be about the same on each. It is mostly sec ^n: growth too immature to loy profitebly, intersperced: especially on the Fraioli property with Alder along the creek bottom too small to be of any real value are e:'trenely hard to get to. So for all practical purposes i would say the timber value is not great, not a major .Factor and approrimately equal on the two parcels. The terrain and accessibility is sa:gethirz else. It a ears to me thet about 2/3 of the Fraioli property to be traced is do' :n in or on a steep sic'e hill going into Lake Creek C'nyon :i.= ''_:in^ it rel=Teively unusable for ar: teinf but gro,•;i r2 trees. The c i &,r pro_ e_•t: on the other nand especially the land a1or:`, the road is oeite accessible, rt least appro:'i:ute1 :r huf of it, with the rei,:ainder fairly :'ccecsible but on a re1? vivoly steep si °e ►1i11. Fe Uge top .r,,+ e l I �•To�ult, es ✓i.� L re the r jTI_ y from the ci ;on u i ire z•• `�•QLe �n s n of terrain, acceCs.'.'.:ility for lo" i_7,- n p :1' �3 r gigs .l, t?a....�.:, etc., :O ra at least twice a5 valuable as the Friioli pS'o, tL7 to be trnr:edo On the Tdies '".r'(r for the Fr -±olj pro ie 1 '.o ii .11 T t 'f "t -c,! L T '.1� :1v Cli l)'�� vl:. 1�.� h 1 to .a? V?'c. .2C _I' 2C c^. v.x C'li, 2rQp2:: r. to tr1: '73 no 11;1 ice.. On it e p :o, a c- o." 1'.1. o' ci ek:s the to ery up ir ._.c c :r, per ai.. s:, :7 in t rcr1:. ac i e: ibl., Ceel: 'mil I ..l j. ctor in 7 C� '�.1 v 1 t t Ft� ::.n O')' rio"1 a 2 C 3 O, n1tt f'o 1� e j 3 i.;l r �C _"C).i to C!)�•J�.4 i in C.:"t: i a 1-r:. It is ver Lfiu1t to c'eter:iire in a cnse of this r.lv.:re exactly 11:Lat vioul: be fir to 7- ::et1; s1re3 es '.'ithc.f a formal survey or craise. Ho:Taver, basE.- on the three points 1 not-A, 1 •oul feel th. if Er. Frrioli trpc.:e:.: the 40 acres to the. South and East cont7:inin the entire Lake c,reek :7ater s'.1e)c', for the 30 acres of accese.ib1 land to the 2!orth of his pro:e.rty as indic-ted on the nttached raap, t'a.at this woulci be as fair a trade for both sites as I cou1 cor.ceive as of this date. pressed another vay 1 liould se: that the c1t7 30 acres in secone grovta this high on tae hill :fit]. no 173 ter sup21y bat Lood access *.za.:16 be worth abo:at 6o0 650 per ac-re or arozi.nd plus for the 30 acres. rhere the Fraioli acrece vita) 1iiit.d act-e but a year around creek is ilortl: sa:- O0 50 er acre or aroun.:i this sic value in on toe.e7ts marl:et. MEMORANDUM TO: City Manager FROM: Director of Public Works SUBJECT: Proposed Morse Creek Property Trade August 17, 1973 The two parcels of property referred to by Mr. Fraioli are twenty acre tracts, as indicated on the attached sketch. We not only would recommend trading the twenty acres, but also an addi- tional ten acres as indicated. The thirty acres would give us almost complete control of Lake Creek in this vicinity. JBW /alh 431 Jphn B. Warder Director of Public Works ROUTING: 'WARDER XOCHANEIC CAMERON MULLINS McNEECE POHL KIRKS CtIILDHEM HILL 17, rj.g/T-,t1Wxtkli I ,1 i J 1 t II o .cr, 1 1 ill VII 'L. l., i 1\ ::s•-• 1, -*I ,l'i'.* C .'"4 9 i 7 pj- "11 sig 11) I (1 's LI) lt) t 1.. -I- 1 ....,..A"",,; 3 s■ t "I'. 1 1 (.0 s. -.:.:L.,....._L... c:: S 1 L)I s N (1 4 L c. Y ?Z N ?91, 0 -</)Jo -1 \-1 I s 0 (3_, i C-T At- X' 0 C ...L.*: .-..4,......r.....■•-■., r' --,::7y- .t..1 ;•-1 71 ..1 Ti ',)-4',' 1- (11 _i Ul I 1 I ''"-\."Z"..:'"...■:....-:--t., z, r•I ;*-1`- rn I _P. *oft= els•••••• gm.. ii. Se.... m.o... a••••■• ...SO ,if..................... 0 4 L5E1:1:C:411:::Th:111.S."° J_ \H--:- 1 7." 1:::::‘' (..s' 1 1 70 0 7-- Waszconsann ..vonsayonsa "-.4.: -‘.1.:,.■ iy 1 11,,,.. D C C...., Fc -,k, 1 ,f E .,t, \t. W 1 -...„4, ro 0 1 -..d. z I ....At '3 i i 7. 7 1 1/ --.1_ ,e f (-1 1 1 ,.,.:....:,,....t.. 1 :1 :..,....,......is:. i C, 1 C I" 00 .S ."1...Z..---. 7 12:: 4'0A I 3) 0 z 1 ul 2. r ,f, L.! j 7' r t... ..7.) J- r 3.-- L_ -N, 1 U'l r --t• /ii ---f L "1) 7.' .3 r• it-it 6 .1/ 1 4 v .4*,.... 2 ...,.....4 c b i ...u••-..... :v......-:,• u• L t•-1 i• J 9!"- s- ,A ci, ilt 4 Z Q 0 r 4 1 r -I ,..Z. OD ..z: r ec, L______. i. F CRQW1st 7 ELL.L.RE:5Ap-I C.f T 4 i IX 1 ‘n 4'- 0... *.'21 '7.1' G i 7 :7:..) C.,‘ f ......3-........ 0-r-_ I —r z i -.1 P 0 7- X 0 I 0 I; ..P i 1 F 1 0 -1 r <z) r -.4 -s. iii —i 1 1 1 rc c Q3 7. r ill in 1 r*'' 0 i.a. ago 0 M 1 l k.., .i12, 1 Q 0. 4 1 g. .t. 11\ Tr‘ "i (4\ %.4t ______.7,..._........,..- 0. s •.:4:; I.-,t.: s., ;1') ----7- e .".2_ e d r 1, •0 z" 1 I• X .r 9 Fk.1-.1.1t15.:6-t:‘A- PLY).40J.2.1) g N •,.i,.„, n ''s, -s-7.":7.7.:-.1.:•--, 5 s\c 7 r 1 .1. 0 1 r j• .........'-.Z........1 s'i-, "I C.; rA-1-1:, I%) 1.1 City of Port Angeles P.O. Box 711 Port Angeles, Washington 98362 Attention: John B. Warder Dear Mr. Warder: August 7, 1973 James Fraioli Route 4, Box 968 Port Angeles, Washington This letter is written to you to determine whether or not the City would be interested in a land trade in the upper Mount Pleasant area. It would be my proposal to trade to the City, the East one -half of the Northeast quarter of the Southeast quarter of Section 6, Township 29 North, Range 5, W.W.M., for a parcel owned by the City described as the South half of the Southwest quarter of the Northeast quarter of Section 6, Township 29 North, Range 5, W.W.M., Clallam County, Washington. I feel that this land would be mutually beneficial to all per the trade for the reason that it is my feeling the property I proposed to the City would better fit into their water shed plans and the City property would afford me more land in the area where I am building my home. I am confident that if the respective properties would be appraised that the value of my property would probably exceed that of the City, this assumption is based primarily upon the fact that the value of the timber on my parcel would exceed that of the City. May I suggest that you take whatever steps are necessary to investigate this possibility and that we then meet again to discuss details. Your cooperation in this matter is greatly appreciated. Very truly yours, 4er772cs )4 James Fraioli r fri OUTING: WARDER KOCHANEK CAMERON MULLINS I MoNEECE1 P61:1 UTILDREEW City of Port Angeles P.O. Box 711 Port Angeles, Washington 98362 Attention: John B. Warder Dear Mr. Warder: August 7, 1973 James Fraioli Route 4, Box 968 Port Angeles, Washington This letter is written to you to determine whether or not the City would be interested in a land trade in the upper Mount Pleasant area. It would be my proposal to trade to the City, the East one -half of the Northeast quarter of the Southeast quarter of Section 6, Township 29 North, Range 5, W.W.M., for a parcel owned by the City described as the South half of the Southwest quarter of the Northeast quarter' of Section 6, Township 29 North, Range 5, W.W.M., Clallam County, Washington. I feel that this land would be mutually beneficial to all per the trade for the reason that it is my feeling the property I proposed to the City would better fit into their water shed plans and the City property would afford me more land in the area where I am building my home. I am confident that if the respective properties would be appraised that the value of my property would probably exceed that of the City, this assumption is based primarily upon the fact that the value of the timber on my parcel would exceed that of the City. May I suggest that you take whatever steps are necessary to investigate this possibility and that we then meet again to discuss details. Your cooperation in this matter is greatly appreciated. Very truly yours, i 4 i772,c, c< 4 L 0 c, ames Fraioli s 71 tr! t r; 7. 1 `rte 4. N- S'L7.r)11co +•ti. V,.tnsta ,r --_cv NI \\*I ,1 '1.4 :11/ I 1::...'.... Z. '?t:' f 1 a 4 j ot n Cf I 1 lt.. f -1 Q y m :."'''NF, 07 In `n r ;y Q "1-• „n v ..c 1 ',,s., 1 i 6 rte e•-1 a:. 1,... rJ 1 f t r f w i 11 n C. v1 to E /n n 1-j l A 7 f �s•�, 1.,,� am' d. n 177 ji Vn,B c s r_ y 1'1 r iv 0 N,. L CO il n 5) J 7.2 N �i1• 0 O 4 .'ter c.,,,,, .s.,,,,„. 6 r, c et--- ..r.t c't L. cs-, -,.9.,, __,Q_____:.--c■Pi 13 T 't Glyt '1•1'.:26.;:. r f G i 34 7 -0.4. ,t' /f 4 N7, 0 P A 0 q r,1 n'd fitsc n 1,1 ;1111 cl: r 0 T O '1v11 tf .,.:.r:.. C) S 1MNTSf1ST\..•� -0 rnAVQ :o 1 s. V to scq N t o tI .f I 0 C 111' C D J C.) 1 0 A ---7 —\,t 1. lr/ C `1 MEMORANDUM TO: City Manager FROM: Director of Public Works SUBJECT: Proposed Morse Creek Property Trade August 17, 1973 The two parcels of property referred to by Mr. Fraioli are twenty acre tracts, as indicated on the attached sketch. We not only would recommend trading the twenty acres, but also an addi- tional ten acres as indicated. The thirty acres would give us almost complete control of Lake Creek in this vicinity. JBW /alh John B. Warder Director of Public Works ID 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 IN THE SUPERIOR COURT OF THE STATE. OF WASHINGTON STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Plaintiff vs. S U M M O N S THE CITY OF PORT ANGELES, STATE OF WASHINGTON TO THE CITY OF PORT ANGELES of which is herewith served upon you. SUMMONS 1. i c i t.. ;I Defendant. AP" 28 197u R. H. BISHOP SHERIFF, CLALLAM COUNTY -1_ .1� D /APR 2 97976 EOR1 r;NGELE, IN AND FOR THE COUNTY OF CLALLAM c,: NO. <0000'0 (206) 753 5430 5 YOU, and EACH OF YOU, ARE HEREBY SUMMONED to appear within twenty days after the service of this summons upon you, if served within the State of Washington (or within sixty days after said service, if served without the State of Washington), exclusive of the day of service, and defend the above entitled action by serving a copy of your written appearance or defense upon the undersigned. If you fail to appear and defend, judgment will be rendered against you, according to the demand of the complaint, which has been or will be filed with the clerk of court, or a copy JAMES A. Htifff PIJREY Assistant Attorney" Attorneys for the Plaintiff Temple of Justice Olympia, WA 98504 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 2 IN AND FOR THE COUNTY OF CLALLAM 3 4 STATE OF WASHINGTON, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, 5 NO. Plaintiff la► ?)i9 6 vs. COMPLAINT 7 THE CITY OF PORT ANGELES, 8 Defendant. 9 Comes now the plaintiff and alleges that: I PLAINTIFF The plaintiff is the Department of Social and Health Services of the State of Washington. The plaintiff has the responsibility of enforcing all laws which protect the public health and all rules, regulations and orders of the Washington State Board of Health. RCW 43.20.010, 43.20.170 and 43.20.190(1). II PLAINTIFF' S AUTIHORITY The Washington State Board of Health is authorized to adopt regulations for the protection of public water supplies: RCW 43.20.050. Pursuant to this authority the State Board of Health has adopted public water supply regulations, which appear in Chapter 248 -54 of the Washington Administrative Code. WAC 248 -54 -460 sets out in greater detail the power of the Department of Social and Health Services to enforce these regulations. III DEFENDANT 29 The defendant is the City of Port Angeles, a Washington COMPLAINT -1- 1 optional municipal code city under Title 35 A, RCW. The defendant 2 owns or operates the public water supply serving the City of 3 Port Angeles and is a purveyor as that term is defined in WAC 4 248-54-260(9). 5 IV 6 NON COMPLIANCE OF DEFENDANTS' WATER SYSTEM 7 The public water supply owned or operated by the defendant 8 fails to comply with the requirements of the public water supply 9 regulations of the State Board of Health, and, in particular, fails 10 to comply with WAC 248 -54 -360 in the areas of watershed control and 11 raw water bacteriological quality, and fails to comply with WAC 12 248 -54 -430 in the area of turbidity. 13 V 14 Acting in accordance with WAC 248 -54 -460, the plaintiff 15 determined that this non compliance constituted a public health 16 hazard, and the plaintiff, beginning as long ago as July 1971, 17 informed the defendant on many occasions of the non compliance 18 of its water supply and attempted to persuade the defendant to bring 19 the water supply into compliance. These efforts culminated in the 20 plaintiff's order of April 19, 1976. This order directed the 21 defendant to take specified steps towards improvement of its water 22 supply and also set out a time table for compliance. A copy of the 23 plaintiff's order of April 19, 1976, is attached to and hereby 24 incorporated into this complaint. 25 VI 26 The date set out in paragraph (1) of the order has now 27 passed and the defendant has failed to perform the acts described 28 therein, that is, has failed to commit itself to one of the two 29 alternative water supply improvement programs and to submit a time 30 schedule for completion of such a program. 31 COMPLAINT -2- 14 15 16 17 18 19 20 21 22 23 24 1 VII 2 RELIEF SOUGIIT 3 WHEREFORE, plaintiff prays for relief as follows: 4 (1) An injunction compelling the defendant to bring the 5 Port Angeles public water supply into full compliance with the above 6 cited order of the plaintiff and with the public water supply regula- 7 tions of the State Board of Health found at Chapter 248 -54 WAC; 8 (2) An order that defendant pay the plaintiff's costs and 9 disbursements incurred in this suit; and 10 (3) Such other relief as the court may deem just and 11 equitable. 12 DONE this (day of 1976. 13 SLADE GORTON Attorney General 25 26 27 28 29 30 31 COMPLAINT -3- 3dIh VXL -f/ AMES HUMPHREY Assistant Attorney General Temple of Justice Olympia, WA 98504 (206) 753 5430 April 19, 1976 Honorable Mayor Members of the City Council City Hall 140 West Front Street Port Angeles, WA. 98362 Re: City of Port Angeles Public Water Supply Gentlemen: RECEIVED t; -r 05H.3 vA J�S ATTORNEY GE IERAL g..111h1 )II h sl( )l I !.)('I)c1rlI 1)('l )1 01 SO( 11 c`c 1 lt'c11i I 1 Ser\'I('('S As you are aware from the many letters and meetings we have had on this subject for more than four years, the Department of Social and Health Services has found that the Port Angeles public water supply, as now constituted, presents a public health hazard because of its failure to comply with the requirements of Chapter 43.20 RCW and Chapter 248 -54 WAC and because of the current water supply's in- adequate water treatment and its resulting inadequate water quality. In accordance with WAC 248 -54 -460, I am, therefore, ordering you to take the following actions _to improve the Port Angeles water supply and to do so by the following deadlines: 1) The city shall commit itself to undertaking one of the two water supply improvement programs described in the engineering report developed for the city in 1973 by Cornell, Howland, Hayes Merryfield, that is, the city shall commit itself either to the construction of a water filtration plant on the Morse Creek supply or to the development of an alternate source of water on the Elwha River by use of Ranney Collectors. The city shall concurrently develop a time schedule for implemention of the alternative chosen. The time schedule shall contemplate completion of the construction project by July 31, 1978. To this end, the time schedule shall set deadlines for submission to the Department of Social and Health Services of the preliminary engineering report required by WAC 248 -54 -290, submission of the plans and specifications required by WAC 248 -54 -300 and WAC 248 -54 -310, putting the project out for bid, and the awarding of a contract for construction of the project. The city shall commit itself to one of the two alternatives and shall submit the written time schedule to the Department by no later than May 10, 1976. 2) The city shall submit to the Department the preliminary engineering report required by WAC 248 -54 -290 by no later than the deadline indicated in the time schedule submitted by the city as required in paragraph (1). 3) The city shall submit to the Department the plans and specifications called for by WAC 248 -54 -300 and WAC 248 -54 -310 by the deadline in the time schedule required in paragraph (1). HEALTH SERVtCES DIVISION John A Rearr. M D Drreclrr P. 0 Box 1788. Olympia WA 98504 1 Leiter to Honorable Mayor Members of the City Council April 19, 1976 Page Two 4) The city shall put the project out for bid by deadline in the time schedule required in paragraph (1). 5) The city shall award a contract for construction of the project by the deadline in the time schedule required in paragraph (1). This contract must contemplate completion of the construction project by no later than July 31, 1978. 6) As required in WAC 248 -54 -340, within sixty days following the completion of the project and prior to the use of the project, the city shall obtain and send to the Department a certification by a professional engineer that the project was inspected by him or his authorized agent and that it was constructed in accordance with the plans and specifications approved by the Department. 7) Commencing immediately and continuing until completion of paragraph (6) and until the putting of the newly constructed project into operation, the city shall take the following actions: (a) The city shall send the results of its continuous turbidity monitoring program to the Department each month. (b) As required by WAC 248- 54- 430(2)(a)(v), the city shall collect raw water bacteriological samples and send these samples to the Department's laboratory in Seattle for analysis. (c) The city shall bypass all water exceeding 5 J.T.U. and shall rely on storage capacity during such times. (d) In the event that the stream does not clear up by the time that storage is at a low level, then the city may divert raw water, notwith- standing that it exceeds the 5 J.T.U. standard, into the water system, provided that the city at that time immediately increases the chlorine feed rate to obtain one part per million of free chlorine residual, and provided further' that the city at that time notify the public of the failure to meet a state water quality regulation, and provided further that the city during such times undertake increased bacteriological sampling. If the city of Port Angeles fails to comply with any of the terms of this order, the Department will seek to enforce the order by legal proceedings. JAB:bgv cc: -Attorney General Sincerely, John A. Beare, M.D. Director 1 r J By MARLYS MATTILA Proposed changes in the city's contract with North Olympic Library System, upgrading of the city water system and a method of paying for the Roosevelt Junior High School site are under consideration by Port Angeles City Council. At Tuesday night's council meeting all three items were referred to a work session 7:30 p.m. next Tuesday in the eity manager's office. The city is facing the task of upgrading the municipal water supply to meet federally imposed standards. The water supply does not meet current standards of turbidity (particles of fcreign matter in the water), and even more strict standards will become effective this fall, according to City Manager Kenneth Whorton. Whorton said in a memo to the council that he sees no alternative but to improve the water system, even though the city water is safe and the standards may not be realistic. He wants the council to authorize preliminary cost estimates on alternative ways to upgrade the system. Whorton also wants to inform Stanley Burrowes, the Seattle man who wants to log his property in the city watershed, of the city's plans. Burrowes has been denied an easement across city property in order to do the logging, but Whorton said such an easement might be passible in two to three years after the water system is protected. Indications are that a suit will be Nought in behalf of Burrowes to force the easement via condemnation proceedings. Also to be considered at Tuesday's work session will be Whorton's recommendations concerning the contract with the library system, which is nearing the end of its initial three year period. Issues of concern are rental fees on the Lincoln Street building owned by the city and used as a main library, maintenance of the building, reduction in taxes, change in language of the agreement to reflect a change front millage to dollars per thousand and some type of legislative control. The third item to be discussed at the work session next week is purchase of the Roosevelt School site, which is contingent upon the success of the Sept. 16 bond issue election of School District 121. Whorton has made the recommendation that the property be paid for out of federal revenue sharing funds. Terms of the purchase agreement gall for a $100,003 down payment if the bond issue is successful, with the remainder of the $377,009 purchase price to be paid when the city takes possession, probably September 1977. In other business at Tuesday's meeting, the councilmen: Approved a motion to leave the log traffic island at Second and Pine streets contingent upon its repair and removal of tall plants which might hinder motorists' vision. They had discussed replacing, it with concrete or removing it and installing traffic direction buttons but both proposals were considered too hazardous. :scheduled a hearing on annexation of 20 acres at the end of McDougal Street between Mount Angeles Road and Hurricane Ridge Road for the Sept. 16 council meeting. 5 .56 l -Heard a report that a state attorney general's opinion is being sought on the legality of the city's participation with Port of Port Angeles in providing moorage facilities for the USCGC C'.ampbell. The city has been asked to provide $8,000 in electrical service. Approved payment of $1,715 retained percentage fee to Peninsula Landscaping, Port Angeles Rt. 4, for Lincoln Park irrigation project. Accepted the $837 bid of Utility Supply Co., Tacoma, for light department cutouts. Accepted landfill scales and scales pit projects as completed by 0.M. Hendrickson Co., Sequim, and Phillips Scales Co., Seattle. Approved call for bids for repair of the street department dump truck since city shops are not capable of doing the work. Presented certificates Gard co mpetency to city employes Holbrook, Terry Siebens and e wiener Y for training treatment. Witnessed the proclamation of the week of Sept. 17 through 23 as Constitution Week. —Heard a complaint from Peggy Buck, 3003 Oakcrest Way, regarding dust in the Peabody Heights Local Improvement District. Authorized letters of appreciation to the Elks and Salmon Derby Committee for Derby Days. City gets water improvement deadline By MARLYS MATTILA Port Angeles has been given 30 days to make plans for improvement in the dty water system —which the state Department of Social and Health Services has said has more problems with suspended particles (turbidity) than Seattle's water -or the matter will be turned over to the state attorney general. There is a potential for disease in turbid water, according to research by the department. But at least some of the city councilmen are balking at the thought of spending millions on a new water system while the residents are apparently satisfied with the water. Mark D. Spahr and John Kirner of the department discussed the status of Port Angeles' Morse Creek water system with the councilmen in a work session Tuesday evening. The department has been keeping track of the turbidity, chlorine content and bacteriological content of the city's water over past months: Neither of those situations exist in Port Angeles, leaving the city open for civil suits, federal fine, drop in the dty's interstate carrier water quality classification and possible court action, according to Spahr and Kirner. The turbidity might pose a health problem, said Spahr, because it tends to shield the disinfecting properties of chlorine. Morse Creek is considered a "flashy stream" by the state, he said, because turbidity and the number of conforms (an indicator organism) may increase tremendously overnight. When conforms are found in water it is an indication other disease- causing organisms may be present, Spahr explained. And when turbidity is high, coliform count tends to be high, he said. The only control is filtration, he said. Even when there is no turbidity, he said, chlorine alone is not effective when the coliform count is more than 100 conforms per 100 millimeters of water. As far as turbidity goes, there were a number of violations of turbidity standards where the amount of turbidity in the water was too high, according to samples submitted by the dty and tested by the state. There were also some months when no sample was submitted. Another problem has been the amqunt of chlorine added to the water during high turbidity. The chlorine feed rate was not increased to 1.0 parts per million as required when the turbidity exceeded state standards. City Manager Kenneth Whorton said city staff had been negligent in adding chlorine but that the situation would change. He said the chlorine will be more obvious to taste and smell at the higher level. Spahr said his department's attitude is to take a "preventative" philosophy toward water quality. It is unknown whether the water might be causing some intestinal upsets among customers, he said. City Councilman Sam Haguewood said the residents are not unhappy with the water. Councilman Charles J. Lukey said he disagreed with the imposition of the state's standards. There are only a few days a year the water is muddy, he said, and there is no apparent health hazard nor are people getting sick. Some people moved to Port Angeles because the water is so good, he said. He opposed further study of the water system at this time. Whorton has recommended the councilmen authorize an update of the 1974 municipal water study for preliminary cost estimates on alternatives for upgrading the water system and exploration of possible funding. Costs have increased about 50 per cent, according to a spokesman from the Bellevue firm CH2M and Hill, which did the study. Filtration of the Morse Creek system with metering of customers or the Elwha River have been two alternatives considered. A $150,000 loan from the state to pay for preparation of plans and specifications of a water system was turned down by the city in 1974 mainly because it required a metering schedule. A 40 per cent state grant is also available to help pay for metering water. Metering is encouraged because it cuts down on consumption and probably would temporarily prolong the life of the Morse Creek system which is at capacity now. The city still owes about $1.2 million on the present system. According to a study, building a water system from the Elwha was found to be feasible using the Ranney system, which does not require filtration. The city is facing a number of problems if action isn't taken soon. Port Angeles has only a "provisionally approved" classification for interstate carriers such as ferries and ships due to the water quality. The classification is due to expire the end of September. A condition of the classification was that the water be improved. If not it could change to "prohibited." The city is currently in violation of state law when the water exceeds turbidity standards and even more strict standards will be imposed by the federal government within two years. There is the possibility of civil suits if the water is not improved and a maximum federal fine of $500,000 per day. Or the state could turn the matter over to the state attorney general for action. That way a legal order would require the city to comply with regulations and a judge would set the time schedule, Spahr said. He said his department has been in contact with the attorney general's office. There may be some federal funding available for the project which might not require metering, said Kirner, but if upgrade of the water system is economically unfeasible, the city better start documenting it. The matter will be turned over to the attorney general if the city does not make a commitment in 30 days with some sort of time schedule, he said. Whorton is calling for plans to be completed in 1976 and construction to begin in 1977. The state wants facilities completed by mid 1978. All the city needs is the approximate $4 million or more to accomplish the task. Related city council story on Page 3 THEI DAILY N t ws 28 Pages 15 Cents 132nd Issue of 60th Year Port Angeles, Wash. 98362— Wednesday, September 10, 1975 By fJ'MARLYS MATTILA The response of the state Department of Social and Health Services to refusal by Port Angeles City Council to commit itself to expensive improvements in the city water supply by raid -1978 will be to turn the matter over to the state attorney general, according to Mark D. Spahr of the department. A letter explaining the city's position is on its way to Spahr after approval by the council Tuesday night. In September the Social and Health Services Department gave the city 30 days to come up with a time schedule for improvements in the water system or the matter would go to the attorney general. That deadline is Thursday. Spahr has said the city water is too turbid (muddy) and the number of coliforms (indicator organisms) too high to be healthy and to meet state and federal standards. The city council considers that the information the department's conclusions were based on is questionable, does not think there is a health hazard and considers the multi- million dollar improvements suggested outside the city's capability at this time. One objection was that coliform readings were taken before water was chlorinated. "Samples taken from different areas throughout Port Angeles after the water has been chlorinated show these coliform bacteria reduced to very low levels where their effect, if any, is quite minimal," states the letter to Spahr. The city is also suggesting turbidity be measured as the water comes out of reservoirs so that turbidity has time to settle. The council has authorized purchase of a turbidimeter for about $1,200 for installation at the outlet of Peabody Heiehts to test that theory. The letter also asserts that the present water system has the capacity to serve until the early or mid -1980s with the imposition of some moderate water conservation measures. State and federal regulations require that the coliforms in raw water be sampled before it is chlorinated, said Spahr. It is particularly important m system's such as the one in Port Angeles because chlorination is the only treatment given water, he said. It is an index of whether chlorination alone is all that is needed. days to settle, he explained. The type of turbidity is "glacial four," he said, ground up rocks from glacial mountains which does not settle out like regular mud. It would take a year's testing with the turbidimeter to get enough information, he said, which would mean a year's delay in improvements and a year's more inflation in costs. One more year's delay is not justified, he said. Another problem related to turbidity is that the city does not have control Port Angeles water by and large has wet the standard for coliform count after chlorination, he said, but that is only one standard that must be looked at, he said. "The failure to meet the raw water coliform standard can't be ignored," he said. particular Port Angeles has a p problem when it comes to turbidity which one or two days settling won't take care of, Spahr continued. During heavy consumption time warm months when turbidity is at its highest water at Peabody Heights reservoir usually has only one or two over the entire city watershed, he added. The attorney general's office has already been contacted, Spahr said, based on previous discussions between City Manager Kenneth Whorton and Spahr and on Spahr's anticipation of the city's final response. Action on the state's response to the city's letter will be up to the attorney general and director of Health Services, he said. Exactly what the response will be it is too early to say, he added. .4 5:56 By MAR! YS MATTILA Port An geles City Counciirnen tonight will consider a recommendation by the city manager to spend about $5,Ctc0 on cost and financing analysis of city water system alternatives.' At a meeting a week ago with rep- resentatives of the state Department of Social and Health Services the city was given 30 days to rnake plans for improvement of the water system or the matter would be turned over to the state attorney general. Turbidity or suspended particles in Port Angeles water may shield disease germs from chlorine treatment, according to the department. The city has been having trouble meeting state standards on turbidity. And, even stricter standards will be imposed by the federal government within two years. In a work session last Tuesday city councilmen objected both to the expense of changing the water system and to the opinion Port Angeles water is unsatisfactory. City Manager Kenneth Whorton recommended even before the state imposed the deadline that the city authorize a cost analysis of improvements and exploration of ways to finance the improvements. In a memo to be discussed at to- z night's council meeting, Whorton gives two reasons for his recommendation. The possibility always exists that a feasible financial package might be put together that the city could afford, he said, and even if a feasible financial package is not possible information from the study would strengthen the city's position in dealing with the Department of Social and Health Services, he said. He is recommending a number of items be explored in the study. Included are a Ranney system on the Elwha River which would not require a separate filter system; a filtration system for the present Morse Creek system; drilling and equipping wells; residential water meters; a water rate analysis; type of new equipment which would be needed in the financial department to handle meter billing and coliertscn erred ?if cx, ct-ancy of Terse Creek system with metering. Once that information was available the best alternative would need to be decided upon and preliminary grant applications submitted to state and federal agencies which might help with finances, Whorton said. Whorton would prefer the study be done by independent professionals rather than city staff. "I think the information developed would carry a great deal more weight if the analysis was done by outside firms with established reputations," he said, Even if the city does not proceed with construction the study would be valuable, ire added, since the city needs ,to look at the water rate structure, data processing equipment and alternatives 7hich could replace the near capacity jorse Creek system. ;le also said the city should consider sbiishing penalties for wasting requiring water meters on all -,ones at the owners' expense and burg more closely all proposed tations. Port Angeles City Council Tuesday voted not to participate with Clallam County and Clallam County PUD in a financial investigation of Northern Tier Pipeline Co., the firm proposing an oil k port in Port Angeles. At an earlier council meeting this month the council tabled the matter. Representatives of No Oilport, a North Olympic Peninsula group opposing the proposal, asked the council to consider participation and presented petitions opposing the oil port at Tuesday's meeting. The petitions asked the council and other government agencies to take a leadership position in the oil port issue. The councilmen have been told the study would cost the city between $250 and $300. Composition of the group proposing the oil port could change overnight making the financial investigation futile, said Councilwoman Lorraine Ross. Vote not to be part of study Port Angeles water supply and some other unsettled issues are on the agenda for a Port Angeles City Council work session scheduled for 8 p.m. Thursday in city hall. A study on water quality improvement by the public works department has been presented to the city council. Public Works Director David Flodstrom is expected to explain the study at the work session. The city is under fire by the state Department of Social and Health Services to make a decision on water quality improvement. A court injunction forcing action is pending. Included in the study are details on alternatives. One is a filtration plant capable of filtering water from both the Elwha S City counci rejects pipeline form probe There has been no formal approach by the company, said Councilman Sam Haguewood. If one is made he said he would want the company to provide a financial statement. If the city were to participate in the financial investigation it might create a defensive atmosphere not conducive to other industry and more jobs, said Councilman John Hordyk. In other business the councilmen: Approved an ordinance and agreement implementing a four per cent leasehold excise tax on publicly owned property leased by private owners. The state will collect the tax and disburse it back to the city. Accepted the $4,433 bid of Koenig Chevrolet, First and Peabody streets, for a police van; Koenig's bid of $4,265 for a sewer department pickup and the $4,894 bid of Lannoye Motor Co., 230 E. First St., for a police car. Accepted the $7,374 bid of Industrial Pump Sales, Seattle, for a estimated at $3.2 million. Filtration of Morse Creek only and a Ranney Collection System in the Elwha, both about $3.2 million, are also discussed in the study, including advantages and disadvantages of each. The study also covers water demand, a rapid sand filter process, chemical analysis of surface and ground water samples from the Elwha and surface water from Morse Creek and response to some questions about the Ranney water department pump. —Let stand an earlier decision to allow Angeles Arts in Action to be on Laurel Street July 17 and 18. Organizers have agreed to remedy some complaints of the art fair, such as provision for toilet facilities. —Authorized Mayor Carleton B. Olson or City Manager Kenneth Whorton to testify at a state Department of Fisheries hearing on proposed changes in the commercial fishing season and limits. Northwest Trollers Association requested the city take a stand against the proposals. Approved sending a letter of intent to the Army Corps of Engineers reaffirming the city's position and intentions for repair of Ediz Hook. A formal agreement will follow the letter of intent, both reaffirming a resolution approved in 1974. Authorized call for bids on a transformer for the light department and hydrants and valves for the water Councimen to discuss water study system which does not require a filtration plant. Other topics expected to be discussed at the work session include the oil leak in Peabody Creek, plans for negotiations with electrical workers and a request for annexation from Johnie Key. The annexation request was referred to a work session at Tuesday's council meeting. It concerns property in the Scribner and Mt. Angeles roads area. department. Concurred with Port Angeles Planning Commission on accepting the preliminary plat of Seabreeze Estates Block B, Twelfth and N streets, if utilities and transformer easements requirements are met. Referred to the city manager the problem of mobile concessionaires and a proposal for a picnic area near the Elwha River salmon rearing channel. Discussed with Mrs. Gene McWilliams problems of delay in engineering for Seamount Estates, a development at M and N and Sixth and 10th streets. Directed David Flodstrom, public works director, to work with Clallam County Truckers Association on improvements to the intersection of Lauridsen Boulevard and L Street. Responded to a request for sewer hookup from Thurman's Electrical and Plumbing Supply Inc., 724 E. First St, by inviting annexation. Referred to a work session and request for city water on Spruce Street west of the city limits. —Heard the mayor proclaim the week of May 1 Elks Youth Week. Authorized payme' of $40,000 for work and material f ~►►stied by the city for Peabody Heights Local Improvement District. Authorized payment of $2,960 to Harstad Associates, Inc., Seattle, for street lights on First and Front streets. lunch of the Da 6 —THE DAILY NEWS Port Angeles, Wash., Sun., March 28, 1976 By ALEX McL EOD You don't have to live in Port Angeles or Sequim to know that drinking water quality can be a problem. No matter where you live in Washington, the odds are pretty good that the whole question of water quality —and its delivery to your home tap —has come up for renewed discussion recently. Sequim is in the throes of attempting to find an inexpensive supply of water and Port Angeles is making plans also under the pressure of the state to clean up the current supply and find good water for the future. While there's little evidence drinking water poses any specific, immediate threat to health, there is ample docu- mentation that water could be cleaner and more carefully controlled on its route from mountain snowfields to waiting water glasses. There also is ample evidence that something is being done about the statewide situation. Within the last three years, water system improvements worth approximately $100 million have been initiated throughout the state; in the next four years projects of equal cost are expected to be undertaken. All have been aided by a so- called "Washington Future" funding program, overwhelmingly approved by Washington voters in November 1972. Known as Referendum 27, the plan has helped public water suppliers update and improve their systems to meet revised state Board of Health standards formulated in the late 1960s. Sequim had been granted up to $170,000 as 40 per cent matching funds from the program but let the agreement lapse by deciding to develop a water supply filtered from along the 'banks of the Dungeness River instead of from wells, a plan approved by the state. Port Angeles is eligible for the state aid but a requirement is general installation of water meters, which the city council has resisted. When the Referendum 27 program was started, it was virtually a one -of -a- kind operation and reflected state drinking water safety regulations considered among the most complete and stringent in the nation; when the program is completed in 1980, however, it will have been just in the nick of time. Responding to new health questions and increased citizen consumer concerns, Congress has come up with its own law, one generally more stringent than the "new" state rules. A quest for cleaner water Port Angeles Public Works Director David Flodstrom points out the city's watershed area. Daily News photo„ Called, forthrightly enough the Safe Drinking Water Act, it will come into full force in June 1977 and bring with it possible $5,000 daily fines for violators as well as force water suppliers to notify the public every time quality standards are not being met and open an avenue for disgruntled citizens' lawsuits. Port Angeles would appear to have only an outside chance of having water problems solved before the 1977 deadline. The city has not even formulated positive plans for upgrading its system. Sequim has a better chance of meeting the requirement, providing city officials and the state reach an agreement within the next few months on what source will be used to supply the city. Instead of cutting a new trail, the state now has found itself in a rush against tune as it tries to get state water suppliers in compliance so they can avoid the expected impact of the new federal law. "In effect, what we've provided is a five -year lead in time for the federal regulations," Department of Social and Health Services official Robert Wubbena said. "We hope we'll be able to save a lot of people from a lot of federal hassles they'd otherwise have to face and keep the bureaucratic red tape to a minimum." Wubbena's job is to dispense $50 million of the Referendum 27 funds on a 40 per cent matching basis with the utilities to see that the necessary changes are made. So far, $22 million has gone out; projections show the remainder being gobbled up before the referendum's termination in 1980. Wubbena says when engineering costs are added to the water source, treatment and storage improvements, each state dollar *ill have generated four dollars worth of improvements. The need for the changes became obvious in the wake of special studies initiated in the late 1960s, when state drinking water standards were re- evaluated in the face of substantial population growth and new public health concerns. Once formulated, the plans were translated into one of six "Washington Future" referendums, designed to provide $500 million in state bonding. The other five called for development of pollution control, outdoor recreation, mass transit, community health projects and community colleges. Voters, who rejected only the mass transit funds, gave the Referendum 27 support surpassed only by the water pollution control proposal. "I think that (vote) reflected a general concern among people that it was time to make sure their drinking water was safe and that the supply systems would be sufficient to provide for all their needs," Wubbena said. One of the first things the state discovered was that, while most counties had just a single gas and electric utility, there were more than 4,300 different water systems in the state. That total represented almost a doubling of known suppliers from 1970 to 1976; Wubbena said that, when the state inventory of systems is completed, the total might reach 6,000. Even though most of the 450 major water suppliers are expected to be in compliance with the state standards by mid -1977, a recent General Accounting Office survey found that 95 per cent of 127 randomly selected systems either failed to meet state bacteria standards or weren't even testing their water. The report also indicated that roughly 80 per cent of the water systems were being operated by uncertified workers, "many of whom keep no records and have no knowledge of public health practices and require- ments." "It's really quite ridiculous," Wubbena said. "We require testing and licensing of the people who dump treated sewage back into the water, but we don't license the people who supply us with our drinking water." Despite the continuing operator shortcomings, the state has gone eagerly ahead with its matching funds and no-interest engineering loans to help the utilities catch up with old population growth and meet the revised quality standards. Even though the state has had handsome monetary enticements to offer, it has had trouble convincing some communities, including Port Angeles, that a bona fide health hazard exists and that costly construction projects are necessary. Wubbena said the Port Angeles water often is too turbid —that is, it has too many particles suspended in it—and has too high a bacteria content. In addition, he said, the city does not have "absolute control" over its watershed and therefore "simply has got to have filtration." He acknowledged that there had been no drinking water related illnesses reported in the city. But, he added, that didn't mean such waterborne illness didn't exist. "Unless you have an epidemic, it can be harder than hell to sell public health and water quality," Wubbena said. ".We have heard reports of seasonal virus outbreaks there which could be tied to the water and there is evidence that heavy metals like cadmium and zinc are tied to heart attacks, and those metals are the result of the heavy corrosive nature of water," like Port Angeles'. "We try to work with the utilities closely to educate them and hope they educate their consumers. Everything we do we try to keep completely in the spirit of helpful cooperation," he said. When the friendly persuasion fails, however, less accommodating action can be taken. Later this month, the state will go to court in an unprecedented move to try to force the City of Port Angeles to make roughly $3 million in necessary changes to bring its water in compliance with state standards. The court move was okayed in the wake of a recent federal ruling that prohibits ships from taking on Port Angeles water and follows five years of fruitless negotiations with the city utility about the proposed changes. Even so, it will not be a particularly punitive action, since the state still will offer matching funds. Indications also have been given that the federal Economic Development Ad- ministration might offer federal funds to cover the balance. In most other communities, Wubbena said, the state's reception has been much better. Besides correcting the existing systems, the state also is attempting to Sequim city councilman Renee Hansey and Mayor Oliver Hamilton examine the testing site for his proposal to filter water from the Dungeness River using natural sand and gravel. —Daily News photo Special water report halt the proliferation of new, small systems by getting communities to develop—or at least consider —com- prehensive planning for regional solutions. "We're not interested in forcing the creation of regional systems, but rather in getting everybody sitting around the same table considering all the area needs and then cooperatively reaching a conclusion," Wubbena said. A bill which would have mandated such studies in urban areas passed the state Senate last month, but failed by a few votes in the House when it got wrapped up with some unrelated fluoridation amendments. The state also has been insisting that utilities institute the use of meters when water quality improvements are made, and Wubbena says that insistence has caused some isolated problems. "Some people object because they are afraid it will cost them more than the flat rate billing, but we are of the opinion that it provides for –more equitable billing and can lead to considerable conservation of the resource," Wubbena said. Port Angeles does not yet have meters throughout its system, but Sequim put them into effect for the first time last summer. The result was loud complaints that bills had been doubled, tripled and quadrupled. Customers had been receiving unlimited water for $4.50 a month, but when the meters were put to use the $4.50 only covered the first 700 cubic feet of water. The rest was charged for on a per -foot basis and most customers used well over the minimum. Another obstacle to change is what Wubbena called "the great myth of pure mountain water." Because so few watersheds are "absolutely protected" any more, the water not only is not pure but also hard to treat (because it is usually turbid —that is, full of foreign particles, and always quite cold) and highly corrosive on pipes because of its high oxygen content, Wubbena said. "In reality, mountain water isn't all that great," he said, "but it's only (promoted) when there's some aesthetic problem (about pure water) or when new people move into an area and are suddenly confronted with what they think is bad water. "What we're trying to do is solve the problems so when the water comes out at the tap it is safe (to drink)," Wubbena concluded "That's the whole point of this." ,ervtng the North Olympic Peninsula 295th Issue of 60th Year 6 By ALEX MACLEOD and MARLYS MATTILA The state will take an unprecedented legal move later this month when it seeks a court injunction to try to force the City of Port Angeles to conform with state drinking water standards. Asst. Atty. Gen. James Humphrey, an adviser to the Department of Social and Health Services, said the action was being taken at the request of the department's water supply and waste section, which has tried for five years to get Port Angeles to make improvements in its water system. Robert Wubbena, an official in the health services division, said it would be the first time the state had taken a major municipal water utility to court to force necessary improvements. Humphrey said the agency had yet to decide in which court the injunction would be sought. The action by the state will not 0 6.5 11'3? CLALLAM BAY —A Thursday night hearing on the Clailain Bay -Sekiu sewer drew more public questions about hooking up to the sewer than about two ordinances for which the hearing was called County officials attending the hearing were seeking comment on a proposed sewer operation code and a inonthly use charge. But none of the 70 persons attending the hearing questioned the code. And only a handful of mobile home or trailer Dark operators rrt +n :,t nwri change the city's time schedule on investigating the feasibility of a filtration plant for water from both Morse Creek and the Elwha River, however, according to David Flodstrom, Port Angeles public works director. Port Angeles City Council March 1 directed Flodstrom and his staff to do the study which is scheduled to be presented to the council at its next meeting April 6. No commitment has been mkce to go ahead with the project. Flodstrom said he feels the court action probably will not move fast enough to cause a problem with the April 6 presentation. Financing is the only area left to be explored, he said. He expects to have the whole study completed by next Wednesday at the latest. Included will be answers to some questions on the Ranney collector system for the Elwha, which does not navy s/Q.k...VIN,ff- r late in April. In the hearing, the corrunissioners received no complaints from the audience concerning the sewer code —the guidelines by which the system will be operated They passed the code unanimously. However, they postpel :ed final action on the monthly service charge after mobile home and ti eller pat k operators complained they «ere being charged for ear round use c, hen their parks are empty during minter nt(;nths. require a filtration plant. Flodstrom also wants to schedule a trip to the Morse Creek pipeline for the councilmen, possibly sometime in April. There is a nine -to-10 -foot slippage area there, he said. There is no danger of losing the pipeline at this time but it is a typical situation for that pipeline and it is a potentially dangerous problem, he added. Flodstrom said he thinks the cost of a filtration plant for both Morse Creek and the Elwha would be mere than $3 million. The federal government ruled early last month that the city's water didn't meet national standards and issued an order prohibiting ships from taking on Port Angeles water. The state had advised the city as early as July 1971 that it would have to filter its existing Morse Creek water to meet updated state Board of Health L<- Port Angeles, Wash. 98? rF c r,• r c• t F h: to to I LY NEWS 16 Pages 15 Cents 6362— Monday, March 1, 1976 City action likely 3 Water decision due The impact of a decision on the future water supply of Port Angeles and concern for making the correct decision is what has caused delay, according to city councilmen polled this morning. Legal action has been initiated against the city by the state Department of Social and Health Sercices to force action to upgrade the present water quality. Although legal proceedings against the city have already been started, the action is not expected to be filed in superior court for a week or two. The council is scheduled to consider the matter at a meeting tonight which begins at 7:30 p.m. in the municipal chambers. Most of the councilmen available for comment this morning said they think a decision will be reached tonight. The council has been reluctant to commit the taxpayers to a $3 to $6 million financial obligation with $1 million still owed on the present system, said Mayor Carleton B. Olson. Nor does the council like being told what to do by the state, he added. He said he thinks the council will decide on some course tonight or decide to take the matter to court. "We'll have to make a decision one way or another tonight," he said. Councilman Harold S. Buck said the council didn't have the facts adequately grouped together to properly weigh them before now. "It appears we're going to be able to reach a consensus tonight," he added. He said he is still not clear on what the consequences would be of non- compliance, but he's not interested in finding out now because it appears there will be action. "I'm pleased we're not making a decision based on intimidation alluded to by the state," he added. The decision has taken so long because it is such a big, expensive and important matter and the council wants to make the correct move, said Councilman Sam Haguewood. The council may come close to a decision tonight, he said. He added that he would like to see the possibility of a common filter plant for Morse Creek and the Elwha River considered. Both Councilmen J. Richard Wray and Earl A. Anderson said there have been too many unanswered questions to make a decision. What the council does will have an effect in years to come, said Anderson. He feels action might be taken tonight. Councilman Wray said the council doesn't want to put the taxpayer's money on the line for something which might be obsolete soon. He does not think there will be a decision tonight. "I don't think there's a judge in the land who would rule against us," he said. The legal process will take some time, he added. The city has too many financial obligations already, he continued. His choice would be a filter plant on Morse Creek. Councilman John H. Hordyk and Councilwoman Lorraine Ross were not available this morning. 14 —THE DAILY NEWS Port Angeles, Wash., Wed., Feb. 25, 1976 Hostages released BEIRUT, Lebanon (AP) Leftist guerrillas today released two U.S. Embassy officials kidnaped last October, a spokesman for the Lebanese Socialist party reported. The spokesman said that Charles Gallagher and William Dykes were handed over by the Popular Front for the Liberation of Palestine to Socialist party leader Kamal Junblatt. Junblatt, the spokesman added, turned the two over to the U.S. Embassy. Jackson sees win BOSTON (AP) Sen. Henry M. Jackson, D- Wash., said today he is making inroads against Alabama Gov. George C. Wallace and predicted he will win the Massachusetts primary next Tuesday. "It may be dangerous for a candidate to predict victory in a race with so many other candidates but I have never been more confident," Jackson said in remarks prepared for a campaign rally. "I want to make it clear that I am not running against George Wallace any more than I am running against the other candidates but the Wallace campaign has become a focus for this election," he said. Evans plots future WASHINGTON (AP) Mid -March is the deadline Gov. Dan Evans has set for himself to decide whether to seek a fourth term as Washington governor. Evans, here for the winter meeting of the National Governors Conference, also disclosed Tuesday that he will play an active role in President Ford's campaign for re- election. Mr. Ford said he wanted Evans' help in some of the state primary election races, including Illinois, the governor said. Evans said he and the President also have discussed legislation of major concern to both, including the governor's health block- grants proposal and revenue sharing. nrnntrt•T n..,, r «.,e +a✓ uU �z c�ir s dE'lStd3�.7 d01 a on th,. U,, -1, Port Angeles City Council is still in limbo as far as the water source question is concerned. The matter was discussed at length in a work session Tuesday evening, but no conclusions were apparent. There is pressure on the council to make a commitment on water quality improvement plans soon. Last week the state Department of Social and Health Services granted a week's extension on the deadline to make a commitment. City Manager Kenneth Whorton this morning indicated he would telephone Social and Health Services Department officials today and explain that the council is still working on the matter and that it hopes to be in a position to make a definite decision at Monday's meeting. The council would regularly meet next Tuesday but the meeting has been moved to Monday since a number of councilmen plan to attend precinct caucus meetings Tuesday. The state is insisting that the city make a commitment to improve the water or face legal action. Alternatives discussed Tuesday included taking no action, filtering the present Morse Creek system, building a Ranney Collector System which requires no filtration plant on the Elwha, requiring water meters and a settling basin to go along with the Morse Creek system. Public Works Director David Flodstrom said metering would be inevitable if the Morse Creek alternative is chosen. He said he would Toy soldiers and scenes of the way Revolutionary War battlefields now look will help tell the story of the American Revolution at a free presentation from the National Park Service and Peninsula College Thursday. The hour -long program will start at noon in the Little Theater. Reed Jarvis, assistant superintendent of Olympic National Park, said the film, titled "Checkmate 1 recommend the Elwha source for its capacity. The Morse Creek system is too overburdened at times in the summer now to be a source to meet growing future demands. "You'd be making your biggest mistake if you stayed with Morse Creek," said Paul Reed, assistant public works director. The water line, built on a precipice, is questionable plus there is not enough water for the future and a filtration plant would cost almost as much as the Elwha system, he added. Flodstrom said the Elwha Ranney project would be "a very good possibility," but tz.ccre are some questions to be answered about it. Councilman Sam Haguewood said he was skeptical of the Elwha proposal because of the expense and the chance the water might not be adequate once the system was in. He suggested a filter plant on Morse Creek and that a covered reservoir be built for future growth. He said he would prefer the work be done with local money and not with state or federal aid to maintain independence. He and others on the council have resisted metering Councilwoman Lorraine Ross sug- gested the possibility of the Elwha be further pursued. Haguewood requested that City Attorney Stanley A. Taylor investigate legal ranuftcations if the city took no action. Taylor said he would investigate that and other legal aspects of the city's current dilemma. U.S. Revolution show Thursday accurately show the way the forces actually were dressed." Jarvis will begin his discussion with an examination of who made up the opposing forces. He will then examine the outfitting of the armies, British and American military campaigns of 1776 and 1777, the Battle of Saratoga and five other battles which have also been called turning points of the war flthE S li The log ea Log L Hopk The south is sch La WIC A n, Russia first f Maru arrive: VESS The Alaskt Guard Towns Traftis runnin The lights locate was r undery Water options to be aired With time running short on its deadline for making a source commitment for ortAng improvements, eles Ci y n a work Council will meet e day in city session 7:30 p.m. hall to discuss alternatives. Last week the city was g ranted a week's extension on its deadline to announce plans to the state Department of Social ep and Health Services. The extension was to give city officials time to explore some t in possibilities brought to cguncn last Tuesdays city meeting. A main possibility suggested was the cooperation of the state Department of Fisheries in a water system on the Elwha River. Other alternatives are filtration of been suggested stem the present Morse Creek sy or the cooperation of the Lower Elwha band of the Clallam Indians in the Elwha proposa The Lower Elwha Band has a $500,000 fisheries enhancement grant. ro ect would be a The Cha project System which Rainey y requires no filter p lant because of gravel in the soil. Ruling reset on city lawsuit '.2-1'` The decision whether or not to dis- miss Port Angeles from a lawsuit regarding property in the city watershed will not be made until early Monday. Indications were earlier that the decision would be made Friday but the judge has some additional questions, according to City Attorney Stanley A. Taylor. The city has requested a summary judgment in the case of Stanley R. Burrowes and Burrowes and Fox Logging Co. versus the city arid a number of private property owner. Burrowes has filed a summons and petition for private condemnation or complaint for damages regarding his property in the watershed which he wants to log. He was refused easement across city property to log his land on the grounds logging might harm the water quality. If the request is granted the city will not be included in the trial scheduled for 9:30 a.m. Monday in Clallam County Superior Court. Judge in the case is Robert Bryan of Kitsap County. P A111 X plus L the EJf1. 457 -8541 Box Office Opens 6:45 Showtimes 7:00 LAST NIGHT TONIGHT �r�e f �•¢ns�r y °fir^ Ro �..r :l� l2g Can- ,lEltlL{ Dy rata. He is about to take his ill lastwalk- rl to sex the Queen of England. a i V 7,77: ,.,.f......_ 1/ 7 .In Port Angeles Port Angeles has been granted a week beyond the original Friday deadline to come up with a solution for water improvement. The state Department of Social and Health Services had given the city until Friday to make a commitment on improving the water system or face legal action. But in light of some possible new alternatives brought out in Tuesday's council meeting, the state has agreed to an extension, according to Robert Wubbena, Department of Social and Health Services. As long as positive progress is being made the state will continue to work with the city as far as scheduling and financing are concerned, he said. One more week will be allowed for more firm data to be collected but a commitment will be expected shortly if the new alternatives are workable. A new possibility to be explored by the city is assistance by the state Department of Fisheries in installing a Ranney Collector System in the Elwha River. The system requires no filter plant because of gravel in the soil. It would lend itself to "tremendous" fish rearing, according to Stan Goerz, chairman of the Clallam County Committee on Fisheries. He told the city council Tuesday evening that funds from the Fisheries Department and possibly the U.S. government might be available for the Elwha project. The Fisheries Department currently operates a salmon- rearing channel on the Elwha. A small hatching facility on the Elwha is desired and the groundwater from the Ranney system would be "fantastic," Goerz said. The question also came up whether any of the $500,000 granted the Lower Elwha Band of the Clallam Indian Tribe for fisheries enhancement might go toward the Elwha proposal. Gerald Charles Sr., chairman of the band, said the Indians do not want to give the state competition on the river in whatever they use the money for. Exactly what the $500,000 will be used 'for is under consideration now, he added. Councilwoman Lorraine Ross said she does not want to abandon the n ✓"v.,/��/ "..,.^^v.._Y ,,_.v N' �r.- ^j .�J'w.w. rr,.- T^- .^Y'.. present Morse Creek system and wants a filtration plant for it to be considered further. She said she is not positive that filtering the creek supply would be as expensive as indicated. All three possibilities cooperation by the Fisheries Department, Lower Elwha Band and filtration of Morse Creek will be discussed in a work session 7:30 p.m. Tuesday at city hall. Representatives of the Department of Social and Health Services have said that if Port Angeles does not come up with a solution the matter will be turned over to the state attorney general. The department has never filed suit against a municipality to force compliance to water standards, said Mark D. Spahr, district engineer. But the intention is to do so if Port Angeles does not meet its deadline. After going to the state attorney general, he said he presumes the matter would next go to court to ask for an injunction to force the city to meet standards. If an injunction was granted, the city could be in contempt of court if it failed to comply. Water pressure is mounting MEANWHILE IN SEQUIM, the city will apparently not meet a "final" state deadline and consequently will not qualify for a maximum of $170,000 in state funds earmarked for a proposed water system. Mayor Oliver Hamilton said this morning when asked if the city would submit information to the Department of Social and Health Services by the Saturday deadline, "It doesn't look like it." But he also noted the funds could be re- applied for and that the loss of the funds would likely not be as high as $170,000. "We have so many things we have to consider that are so important that it (the fund application) is not on the front burner," Mayor Hamilton gave as the reason for the likelihood the deadline would be missed. Several extensions have been allowed the city by the state over the past 1 years but no more will be granted, and if the city does not provide the state with an acceptable plan to meet state specifications water quality court action may be brought against the city, Mark Spahr, district engineer of the state agency, said today. To receive the 40 per cent match- ing funds the city is required to indicate to the state what it intends to do about improving or replacing the current source of water which the state says is below standards, mainly because of excessive turbidity (foreign matter). This could be done by letter or telephone any time before the deadline, Spahr said. The matching funds were authorized on the basis of a proposal by the former mayor and council. They had planned to replace the Dungeness River with wells as a source to supply the city area. Mayor Hamilton and some council candidates successfully campaigned in November on a platform including lower water rates and retaining the river as an inexpensive source of water. The matching funds would be used to offset much of the cost of developing an improved source whether it is a satisfactory upgrading of river water treatment or a new source. Attempts to increase quality of water from the river have proven impractical or more expensive than using the well source, previous city officials and city Engineer Wes Taft have said. e ¢std t o�,o 3 ,S ;n?,'S:' .".zr Sinn%i`kfac "F.xr.'. d'..< c.nx3,e4 e {':s �^Or >.c.g ;w 3 va'o- af;Xi ":.*"2o e, ¢z':Sa.;, e „;vSc "£.z:; x.,k. 3, n?° >r,� n, v ...And in Sequim Mayor Hamilton says he and a group of volunteers are developing a system but he said today he feels it would damage formation of the plan if details were revealed to the public through news media before the plan is completed. The group does not include the city engineer. He has said the new plan is based on expanding and improving a current method of using river water as a source after it has been naturally filtered by gravel along the river. The present source is not considered sufficient to supply the city year around. The plan now being worked out would be less expensive than previous proposals, Hamilton said. The mayor and Spahr point out the matching funds would be paid on a 40 per cent basis regardless of how much a qualifying project cost, up to $170,000. As an example, if the eligible portions of the water source development cost $100,000 the state would pay $40,000. About $39,000 already spent by the City for property to serve as a well site and money expended for drilling a test would be included in costs eligible for the 40 per cent aid, Spahr said. City tries regional }Y76 approach to water By MARLYS MATTILA A regional approach to the water supply source problem is under consideration by Port Angeles which is under fire to make some commitment to the state within the next two weeks. Plans are for City Manager Kenneth Whorton to contact representatives of Clallam County PUD and Black Diamond and Dry Creek water districts on the future of the area's water supply. Then, the Clallam County Governmental Conference, clearinghouse for grant proposals for the county, is expected to be called. Port Angeles City Council members met in a work session with Ken Merry, Robert Wubbena and Mark Spahr of the state Department of Social and Health Services; Val Cameron of the U.S. Economic Development Admin- istration; Collie Martin, en- gineer for CH2M -Hill, the Bellevue firm which did a water study for the city in 1973, and other interested persons Tuesday evening. City officials have been told by representatives of Social and Health Services that if there continues to be no action on the water matter, it would be turned over to the state attorney general. Tests have shown the city's water to be too turbid (muddy) and too full of conforms (indicator organisms) to be safe or to meet state and federal standards. Filtration of the present Morse Creek system with metering of customers or building a system from the Elwha River have been alternatives considered by the city. More than $1 million is still owed on the present system. A loan from the state was turned down once to pay for preparation of plans and specifications of a water system mainly because it required a metering schedule. There is 40 per cent Referendum 27 funding available during the next two years for construction costs, which would require metering, and 60 per cent funding available from the U.S. Economic Development Admin- istration to help pay total project costs, including such items as engineering, administration and right of -way. Wubbena told the council that some Referendum 27 money has been earmarked for Port Angeles but that it will not be available indefinitely. y i Cameron said the city might anticipate a maximum of $1 million from the Economic Development; Administration. Money from that", source would be based on economic loss to the community if no improvements in- thw¢ater supply were made ar1 state took action. One outcome of the water condition, which has already taken place, is the classification of the city as prohibited from supplying water to interstate U.S. flag vessels engaged in interstate commerce. The classification holds for a minimum of three months. The city has been provisional for several years, according to Merry. Most recent tests showed the city failed to meet standards in October and November. City councilmen were not completely satisified with data that have been collected earlier. They wanted the water tested after chlorination and after the turbid condition had time to settle in reservoirs. Water tested at points coming out of the distribution system failed the most recent bacteriological tests in October and November, said Spahr. Turbidity measured on the downstream side of the Peabody Heights reservoir in December showed that settling did not eliminate the muddiness. The turbidity was also measured on a portable instrument at the Olympic Health District office and showed insignificant difference from previous tests. "Settling alone won't do it," said Spahr. The danger with the turbidity is that it tends to shield bacteria from chlorine treatment. Merry told the council he would like to see the 1973 water study implemented, lobbying for funding and a public relations program on the demands of water quality. Water improvement in Port Angeles has been under discussion for at least five years, he said. A request for Referendum 27 funds for Black Diamond Water District is still pending. The maximum amount requested is $62,000. The project has already been approved by Clallam County Governmental Conference. To be presented to council THE DAILY NEWS -3 Port Angeles, Wash., Mon., April 5, 1976 City water study ready A water report on Port Angeles compiled by the city public works staff will be presented to the city councilmen at their 7:30 p.m. meeting Tuesday in the municipal chambers. The report contains a water demand chart, discussion of water supply Coast Guardmen find boat adrift east of Hook The Coast Guard Air Station's 40 -foot patrol boat located a disabled 17 -foot boat about four miles east of Ediz Hook at 1:30 a.m. today after it had been reported six hours overdue. Coast Guard reported the craft's engine had broken down and the boat had been adrift for several hours. The men had no emergency signaling devices aboard. The 40- footer towed the craft to the boat haven. alternatives, information on a filter process, analysis of water at the Elwha River and Morse Creek and information on the Ranney system which has been proposed for taking water out of the Elwha. The councilman asked for the study in helping them make a decision on the future of the city water supply. A court injunction is being sought by the state Department of Social and Health Services to force the city to comply to state drinking water standards. Other business included on the Tuesday agenda is consideration of a leasehold excise tax regarding use of publicly owned property within the city, annexation of property in the Scribner and Mt. Angeles roads area, amendment of subdivision regulations,, a report on Arts in Action. Utility requests, action regarding mobile concessionaires, the lawsuit a� o ^ao' v 44 .2 C.) a r4 o to R' U CD CU o 7.,—o p..1 -4 i o..5 i .2 a 4 ca 4 o -0 'la co Z a N o 0 y r O ox o v c. 5 "E U C 0 V ate.+ Q CO 0 CO y C� p fr a) fa 4' �i' bs) N U G'i i. a) o v y ..7 O v a) o L. ti. 'a, tn 4' 114 d o H C q6 °`0 w a) u) 2.> G p m bA 9, 0 o o a) c. o bl c0 O O C cn ;3q0 a o c, 3' w a Y o o' o c 'S �:c v'.� a i c i �1 p S a C. a) p d o u v Q a F Q. o.'o .6- o a a) CO 4.) 3 v Q. CJ Cr 0 `C "o a against the city for an easement to allow logging in the city watershed, a proposal to purchase all or part of Morse Creek gravel pit, a proposed picnic area near the Elwha salmon rearing channel, a request to oppose proposed changes in the commercial fishing season and limits and other routine matters. x y City answers water suit The city, in its response to a state lawsuit on water quality, has spelled out three defenses to the charges: —That the state "failed to comply with the State Environmental Policy Act" referred to in the state suit of April 28. Therefore those regulations are void. Stanley Taylor, city attorney, said this morning of the act referred to, "I'm not sure what the state had in mind." —That the city water supply "does not present a public health hazard" and therefore the state has no complaint. —That the state "fails to state a has failed to submit a written time claim upon which relief can be schedule for water supply granted." improvement as requested by the The response was filed Thursday 0 state. in Clallam County Superior Court in A trial date is expected to follow response to a suit brought by the now that the city has filed a state Department of Social and response. Health Services which had sought an Attorneys for the city are William injunction to compel the city to A. Helsell, a Seattle attorney hired conform to state water standards. especially to handle the case and The city's response admits a great Taylor. deal of correspondence and Handling the case for the conversation has taken place Department of Social and Health between city and state officials over Services is James A. Humphrey, the water quality and that the city assistant state attorney general. ��}!V: ism!!:.•! jlf��: �•:•:i•:•i:•••••••.••......._._ •••••w• Session on water a uality Two officials of the state Department of Ecology will be in Port Angeles Wednesday nnig ter answer questions on area q uality problems. Walter Bergstrom and Jim Krull will first meet with the county planning commission at 2 p.m., then meet the public at 7:30 p .m. a meeting i "s The location of th not yet determined. F. They will answer questions on water availability in the Dungeness Valley, the city's water system, the Elwha River, flood plains and problems with shorelines, water quality and sewage. Judge mulis ,o/pu water ruling By SHERIDAN FAHNESTOCK The final testimony and arguments in the trial of the state's demand that Port Angeles build a water filtration facility was taken under advisement Monday in Clallam County Superior Court. Judge Terence Hanley, visiting from Kitsap County, said he would render a decision as soon as possible, but needs time to read cases cited by the attorneys during the trial and time to reflect on their meaning. The state Department of Social and Health Services wants the court to issue an injunction requiring the city to build a water filtration plant at Morse Creek or a facility to extract water from beneath the bed of the Elwha River. In an earlier portion of the trial an advisory jury found that the city's water system, which chlorinates but does not filter the water used by Port Angeles residents, is a hazard to public health. Judge Hanley however is not bound by the jury's findings and could decide the situation requires no action by the city at all. William Helsell, the Seattle attorney who presented the city's case, argued before the judge Monday that at the most he should put the water system "on probation" for a year of observation, and defer a ruling in the case until the system has undergone a period of turbid water. The state has argued that water more turbid, or cloudy, than its regulations allow is drawn into the system from Morse Creek from time to time and that such turbidity can interfere with the chlorination process which kills disease organisms. James Humphrey, the assistant attorney general representing the state department in the trial of the injunction request, argued Monday that the state has shown the city has violated standards for turbidity, watershed control and coliform (intestinal bacteria) levels in its water. He said the jury's decision should be given weight by the judge, that the city's own figures show an increase coliform bacteria during periods increased turbidity and that, in ar case, health regulations can legally 1 'enforced as preventive measures, ev( if no one has gotten sick. Helsell argued for the city that tl state didn't follow its own requiremen for finding the Port Angeles wat system had problems, and said he w "startled and perplexed" to he Humphrey say the state Could enjc any violation. 1 "They the state) can't enjc anything. They have to come to a cot and seek an injunction They a subject to the same measures as ott litigants," Helsell said. "The purpose of an injunction is i to punish past action but to restri present and future acts," Hels !argued but the state instead is seekin positive action by the city. "They are saying, 'We have show !violation of this chapter of the Kor and that's all she wrote,' said Hein Earlier Monday Robert Wubbe !administrator of the Referendum 'funding program, said that P Angeles does have a pre applicatior file with his office for funding of 40 cent of the cost of improving the w: f system to meet state standards. The city has better than a 7 chance of getting that money if it k now or in 1977, Wubbena said. The city would have to promise install water meters to get the moi Testifying for the city Mon morning D. Collins Martin, engineer who performed the study the city's consulting firm wl recommended construction of Morse Creek filtration plant or Elwha collector system, said me 'would pay for themselves. 1 Without meters, Martin said, the would have to build a filtration fac capable of handling 13 million galla water a day. Experience elsewhere said, has shown-the City wouldn't 1 to provide more than a 7 million gi facility if the city used meters. Water` safety issue in court By SHERIDAN FAHNESTOCK In seeking an injunction requiring the City of Port Angeles to build new water treatment facilities, the state was concerned about the potential rather than the probability of health according to testimony today. The trial of a state request for the in- junction began Monday before a Clallam County Superior Court jury of nine women and three men and before visiting Judge Terence Hanley of Kitsap County. The jury will decide whether there is a health hazard justifying action by the city. The judge will decide what injunctive relief will be required —in other words, what the city must do to eliminate a hazard, if the jury decides it exists. The request for the injunction against Port Angeles is the first such action taken by the state under its current water quality regulations. The state Department of Social and Health Services had set an April deadline for the city to either build a filtration plant for the Morse Creek Water Supply or to build a Ranney water collector (which extracts naturally filtered water from beneath river sands) near the Elwha River. The city has obtained a permit from the state to take water from the Elwha and cleared some trees to show intent to use the permit. The city council decided to fight the state requirement rather than to comply, and the state on April 28 filed for an injunction to force compliance. The state is being represented by James Humphrey, an assistant attorney general, and the city by City Attorney Stanley Taylor and William Helsell of Seattle, who has worked on cases involving water departments, dams and public light and ,water utilities. The first witness today "was M rk Spahr, district engineer for the Department of Social and Health Services' water supply and waste section, who has carried on much of the discussions and correspondence with the city on the water situation. The state began pressing for a new water system in 1971. The state has been concerned about the turbidity suspended particles) and bacteria count of the water taken from Morse Creek, which Spahr said violated state drinking water quality standards. The turbidity in the water Interferes with the effects of chlorination to kill the bacteria, he has told the city. The city has contended there is no evidence that the water has an adverse effect and that the proposed plants are an unnecessary expense. The state's letter requiring city action called for construction of either one of the new water filtration systems, which would cost $2,981,000 for the Morse Creek plant and $2,529 for the Elwha collector. The letter also instructed the city to take such interim steps as stopping the water intake at Morse Creek when the turbidity became high, sending regular water samples to the state for bacterial analysis and increasing chlorination as asked if this makes the water safe, said "No." Helsell pressed him on the point, asking if Port Angeles's water had made anyone ill. Spahr said he couldn't testify to that. Helsell asked that, if the interim measures were insufficient, whether that meant Spahr's department was willing to let people get sick. Spahr said it wasn't a matter of people getting sick but of the potential for the transmission of disease through the city's water system. "I believe there is a potential for the outbreak of waterborne disease in the City of Port Angeles," Spahr testified. The trial is expected to continue through Thursday, with testimony to be taken by the judge on what action he should require of the city if the jury decides there is a health hazard from the city water system. By SHERIDAN FAHNESTOCK The trial of a state request that Port Angeles be required to build a drinking water filtration facility resumed today in Clallam County Circuit Court with testimony from an expert witness on water turbidity and chlorination. The state has contended the turbidity, or' lack of clarity, in the city's water interferes with chlorination to kill disease- causing organisms in the water. The state wants the water filtered to remove that turbidity; the city is contending the effects of the turbidity are insignificant. James' Humphrey, the assistant attorney general representing the state Department of Social and Health Services, spent the morning questioning Gordon G. Robeck, director, of water research for the U.S. Environmental Protection Agency. Robeck said turbidity other than that caused by sand or soil can interfere to varying degrees with chlorine introduced' into a' water'systein,'leaving disease-pathogens ,unharmed-;by, chlorine. Urea, from urine, ,can, form mm aonia,' destroys :nest of chlorination's effectiveness, he said. Robeck said, researchers are finding 'that chlorine can combine with some of the substances causing turbidity to form chloroform, a cancer- causing agent. He did not testify this morning on whether such substances were, present in the city's water system. At this point in the trial, William Helsell, the attorney defending the city, objected to Humphrey's line of questioning, saying the defense had not been told that Robeck would testify as to anything but the relationship between turbidity and chlorination, not the safety of the water system. Visiting Judge Terence Hanley of Kitsap County ruled that Helsel' would have two hours to ,question Robeck in private to determine the scope of his testimony. It was scheduled to resume this afternoon. The Department of Social and Health Services had set an April deadline for the city to start construction of a filtration plant for the Morse Creek water now used, or build a Ranney water collector to take naturally filtered water from beneath the bed of the Elwha River. The state decided to take the city to court to force compliance after the city council decided the water quality was adequate and the proposed systems, estimated to cost $2.9 million for the Morse Creek plant and $2.5 million for the Elwha facility, were an unnecessary expense. In testimony Tuesday, Roger Allin, superintendent of the Olympic National Park, said he did not feel public use was significantly degrading the Morse Creek watershed. He agreed, however, that it was "more likely than not that human fecal 'Expert examines cifywater quality material and urine" do enter the water. Allin had said earlier that "You can have an acceptable level of degradation." The circuit court jury will decide whether the city water system poses a health hazard. If a health hazard is determined to be present, Judge Hanley will decide what measure, including construction of a filtration facility, the city should be required to take to eliminate such hazard. Alternatives meet will be tonight A conference on the future needs of Clallam and Jefferson counties will be at 7:30 tonight in Peninsula College's Little Theater. `It :is.'aponsored by Clallam County League of Women Voters in conjunction with the statewide Alternatives for Washington program. Margaret Crawford, area league president, said local problems and how to solve them will be discussed. 'r Seattle attorney William Helsell has been retained by Port Angeles City Council to defend the city in a lawsuit concerning quality of the city water supply. The state Department of Social and Health Services filed a complaint in Clallam County Superior Court in May in an attempt to compel the city to comply with state water quality standards. An injunction to force compliance is being sought. The council has chosen to fight the state's action, according to City Attorney Stanley A. Taylor, who said he would write Helsell today informing him he has been retained. Taylor will assist Helsell, who is associated with the firm Helsell, Fetterman, Martin, Todd and Hokanson. Helsell has "experience in this type of general litigation involving government agencies," said Taylor, who recommended the council retain The possible discontinuation of the U.S. Department of Housing and Urban Development mortgage insurance program in Port Angeles due to questionable water quality also is still pending. In other business at a Tuesday meeting, the councilmen: Approved a resolution creating an administrative services department combining finance, city clerk, equipment rental, personnel, municipal court clerical support and purchasing. Tabled a request from John Pick- ett, Leo's Ambulance Service, for a franchise. City Attorney Stanley A. Taylor said he needed time to prepare a legal opinion on the matter. Police Chief Harry Kochanek said there might have to be rate control as with other city franchises to avoid excessive rates. Adopted the 1976 edition of the city's Uniform Fire Code prescribing hazardous conditions and establiQhing a fire prevention bureau. Most changes in the code are minor, technical changes, according to Kenneth M. Cameron, fire chief, and were made to coincide with the current Uniform Building Code and to clarify and make interpretation of the code easier. Approved resolutions setting public hearings 7:30 and 8 p.m. July 6 in the municipal chambers on requests for annexation of two parcels of property totaling about 15 acres just west of Golf Course Road. Authorized the sale of used transformers for about $3,728 to Clallam County Public Utilities District. Approved call for bids for primary underground residential distribution cable for the light department. Accepted the low bid of $3,309 from Westinghouse Electric Supply Co., Tacoma, for a hght department trans- former. Concurred with Port Angeles Plan- ning Commission in approving the final plat of Mike Nelson's Juma subdivision and the preliminary plat of Jon Raymond's Westend subdivision. Tabled a request from Mike Gon- zales for a conditional use permit to allow construction and operation of a wholesale retail floor covering business at Fourteenth and C streets. Referred to the planners a letter of intent to annex property just east of the city limits on East Front Street. Waterfront F•••• F��" v^r r✓ r �r r _Y_r Serving the North Olympic Peninsula 47th Issue of 61st Year By MARLYS MATTILA William Helsell, the Seattle attorney who has been retained to defend Port Angeles in a lawsuit over the city water supply quality, is working on a written response to the complaint filed by the state. Helsell said he expects to complete the response within the next several weeks. The state Department of Social and Health Services, attempting to compel the city to comply with state drinking The U.S. Department of Housing and Urban Development Seattle area office is continuing to process applications for mortgage insurance in Port Angeles. There was concern expressed by denartment officials baranaa of fha TH E DA.I LY State seeks water quality enforcement City readies suit reply water standards, filed the complaint in Clallam County Superior Court April 28. The complaint seeks an injunction to force compliance. The city's response actually should have been filed 20 days after the complaint was filed to be in accordance with state superior court rules, said James Humphrey, the assistant state attorney general who will represent the Department of Social and Health Services in the case. The state could have moved for U.S. unit taking city mortgage applications force the city to comply to state drinking water standards. Housing and Urban Development officials became concerned because water of certain quality must be nmailahlo o ..000 Port Angeles, Wash., Thursday, June 3, 1976 default asking the judge to direct the city to respond, he said. The city has filed an appearance which is an acknowledamPnt of the case by the attorney but the real response will be the one being prepared now, he said. Once the written response is filed a trial date will be set, both attorneys said. Humphrey said he feels both parties recognize the advantage of having a trial date set as early as possible. Neither he nor Helsell would Tenth and N streets and a housing project for the elderly planned for Seventh and Chase streets are being processed, however, according to City Manager Kenneth Whorton. comment on the issues of the case. Helsell is being paid $55 per hour, the same rate he charges the state for legal services and well below his normal rate, said City Manager Kenneth Whorton. He is associated with the firm of Helsell, Fetterman, Martin, Todd and Hokanson and defended Sen. August P. Mardesich D- Everett, on federal extortion income tax charges. Mardesich was acquitted. Helsell and members of his firm have represented governmental agencies in litigation. Cases Helsell worked on include representing Seattle Lighting Department in a hearing with the Federal Power Commission on the licensing of Boundary Dam in northeast Washington, a case involving Seattle Water Department in litigation over Tolt Water Storage Dam, involvement Serving the North Olympic Peninsula 10th issue of 61st Year City balks Port Angeles City Council is leaving the way open for the state or a judge to legally force improvement of the city water supply. The council Tuesday night decided to take no action to meet the May 10 deadline for water quality improvement imposed by the state Department of Social and Health Services. A letter from the department was read at Tuesday's council meeting explaining the new deadline for a written commitment for water supply improvement by the city. The letter was part of the procedure leading up to legal action., The department plans to file a complaint against the city if action is not taken by May 10. The state is seeking a court injunction to force the city to conform, with state water standards. City councilmen authorized City Manager Kenneth Whorton to inform the department that the council is taking no action on the letter and, does THI Suit looms on water quality not anticipate taking action. Councilmen indicated they would prefer a judge direct the city to comply. Jim Pluntve, supervisor of the, water supply and waste section of the Department of Social and Health Services, said today that the department plans to go ahead with legal action after May 10. He said he hopes the letter was not construed as a threat. It was meant to let the city know how the state plans to proceed, he said. The department felt it was reasonable to give the city a few more weeks, he added. Effective July, 1977, the state will have the authority to fine the city up to $5,000 a day for what is considered sub- standard water supply, Whorton pointed out. Stanley A. Taylor, city attorney, said he would have to begin preparing a case if that was what the councilmen wanted. There was not such direction from the council. LAW OFFICES OF PAUL FETTERMAN GEORGE W MARTIN THOMAS TODD RUSSELL V HOKANSON RICHARD S WHITE WILLIAM E CLANCY, JR WILLIAM A HELSELL PRESTON NIEMI GARY F LINDEN HAROLD D JOHNSON HAROLD R ROOKS RONALD H MENTELE JOHN E EDERER T DENNIS GEORGE JOHN R STOCKER THOMAS W HUBER BENJAMIN G PORTER LYMAN W HULL Dear Mr. Mager: HELSELL, FETTERMAN, MARTIN, TODD HOKANSON WASHINGTON BUILDING P. O. BOX 21846 SEATTLE, WASHINGTON 98111 (206) 292 -1144 June 28, 1976 Mr. E. J. Moger Area Director Department of Housing and Urban Development Arcade Plaza Building 1321 Second Avenue Seattle, Washington 98101 LARRY SETCHELL PHILLIP 0 NOBLE NICK 5 VERWOLF LAURIE D KOHLI GEOFFREY CROOKS DAVID F JURCA JOHN 0 REAGH 111 DONALD C HARRISON JAMES H HICKEN I'1 LISH WHITSON LLOYD SHORETT COUNSEL TO THE FIRM CHARLES 14 PAUL OF COUNSEL FRANK P HELSELL (1922-1966) We have been retained specially as the attorneys for the City of Port Angeles to represent it in the pending litiga- tion with the State of Washington which presents the question whether the City's water supply system presents a public health hazard. The City has furnished to us a copy of your letter to it dated June 15, 1976 advising it that HUD will withdraw from further involvement in housing programs in the City of Port Angeles. Your action appears to have been taken because the Department of Social and Health Services (DSHS) of the State of Washington addressed a letter to you stating that the City's "finished water, which is served to individual living units, shows periodic failure to comply with accepted bacteriological standards...." It is the purpose of this letter to ask that you reconsider this matter and that you withdraw your determination that HUD will not participate in further housing programs in the City, at least until the pending litigation has been resolved. It is our intention to ask for an early trial date in this matter, and it is our hope that the matter will be resolved by a court decision sometime during the fall of 1976. We are disturbed, of course, by the fact that your action was taken on the strength of the unilateral assertions by repre- sentatives of DSHS at a time when the issue is in litigation, which we believe will demonstrate that the opinions of those DSHS representatives are erroneous. We request that HUD "stay its hand" and await the outcome of the pending lawsuit. If the 5, 5(o Mr. E. J. Moger June 28, 1976 Page Two City of Port Angeles wins the suit, that will demonstrate positively that DSHS was mistaken. If the City loses the lawsuit, it will be ordered by the court to make modifica- tions in its water supply system which will satisfy the re- quirements of DSHS. In either event, it seems appropriate for HUD to let the matter be litigated in court rather than taking action now without giving the City any chance to dis- prove the DSHS allegations. Because you have been given only one side of the story and then only by means of a letter which speaks in generalities, we feel that it is important to give you facts which support the City's position that its water supply is perfectly safe for human consumption. I will set forth those facts below: 1. The City is required to submit at least nineteen samples of its finished water to a State laboratory each month. On many occasions it submits more samples than the required nineteen. Those samples are analyzed by chemists employed by the State of Washington for Coliform count (the accepted indicia of contami- nation). The results are reported both to the City and to DSHS in Olympia. 2. Under applicable State Health Department regulations the maximum tolerable Coliform count is a "most probable number" (MPN) of 2.2. A water supply system serving a population the size of Port Angeles is permitted to have an excessive Coliform count in samples submitted by it at a rate not to exceed one per month. 3. Since January 1, 1973 the City of Port Angeles has failed the above requirements on only three occasions. During October 1975 two samples exceeded 2.2. During November 1975 five samples exceeded 2.2. During January 1976 two samples exceeded 2.2. Since January 1976 not one sample has exceeded the requirements of DSHS. The bad samples referred to above all came from only 3 locations: (a) The Senior High School (b) The Golf Course (c) The Rayonier Cafe Mr. E. J. Moger June 28, 1976 Page Three 4. It is significant that no contamination has been found at other locations. In other words, the contamination found is not the result of any generalized failure of the chlorination system to eliminate bacteria. It is, rather, the result of peculiarities in the above locations. Those peculiar- ities are as follows: (a) The Senior High School supply comes from the Mill Creek reservoir which is the only reservoir in Port Angeles which does not have post- reservoir chlorination. Post reservoir chlorination is not required at the Mill Creek reservoir because it is a covered reservoir. The City -has instituted a program of regular flushing of the Mill Creek reservoir since the bad samples in October and November, 1975, and it is significant that no further bad samples have been recovered from the Senior High School. The Senior High School outlet has been regularly tested each month since January, 1976 and all samples have shown the required purity. (b) Both the Rayonier Cafe and the Golf Course are on dead end supply pipes. This means that they are at the abso- lute end of the line and if no water use occurs over a protracted period of time the water sits in the pipe, loses its chlorine residual, and may become contaminated from unknown causes. The Golf Course does not use significant quantities of water during the winter months (little golf is played and no sprinkling occurs). Each time a bad sample has been received from the Golf Course outlet, City Water Department personnel have flushed the pipe and have then resampled, and in no instance was the contamin- ation repeated until another protracted period had elapsed without significant water use. The City has now instituted a regular program of flushing of the Golf Course supply system, and the result has been that no further bad samples have been found at the Golf Course since January, 1976. The City has similarly instituted a program of regular flushing of the line which serves the Rayonier Cafe with the same result. No further bad samples have been recovered from the Rayonier Cafe outlet since October, 1975. 5. The City has twenty different sampling locations all told. The only sampling locations which have produced any samples exceeding the required Coliform count since January 1, 1973 are those above enumerated. We repeat that this serves to indicate persuasively that the overall water supply system and the chlorination which is employed by the City is success- fully reducing the bacteria count to the required level. The local aberrations which produced the bad readings at the enumer- ated locations have been successfully corrected by a program Mr. E. J. Moger June 28, 1976 Page Four of regular line flushing and reservoir flushing (in the case of the Mill Creek reservoir). The State refuses to concede that the remedial action taken by the City has cured the problem notwithstanding the fact that for five straight months, beginning with February, 1976, not one bad sample has been recovered. It is also the position of the State that the City is using water which exceeds the turbidity requirements of the State's regulations. The State contends that excessively turbid water is difficult to disinfect because the suspended particles impede the action of the chlorine. The answer to this conten- tion is three -fold: (a) The excessive turbidity about which the State complains is measured at the headworks intake prior to chlorination. The City has an automatic alarm system which alerts a caretaker at any time when turbidity at the headworks exceeds the amount allowable under State regulations, and the headworks intake is then closed until the turbidity subsides. Accordingly, during the vast majority of the time, the City is not taking the exces- sively turbid water into its system. There have been occasions during times of high water use when the City was required to take turbid river water into its reservoirs. However, those reservoirs act as settling tanks and the citizens do not neces- sarily get turbid water from the tap simple because the turbid water has been taken into the reservoir. (b) There are occasions since the City has been measuring turbidity units in the reservoirs themselves when the reservoir water (prior to chlorination) has exceeded the State's turbidity requirements. However, chlorination has been successful in those instances and no correlation can be seen between exces- ively turbid water and Coliform counts. There is no history of excessive Coliform counts being found generally at other outlets during those periods of time when reservoir turbidity exceeds State requirements. The only times the finished water product has exceeded State requirements are those enumerated above at the three peculiar outlets referred to. (c) The City has instituted a program of increasing chlorina- tion during those times when it holds excessively turbid water in its reservoirs. There has always been a chlorine residual remain- ing, which is another indication that the chlorine has not all been utilized in the disinfection process, and that, therefore, the water is pure in spite of a technical violation of the tur- bidity requirements. Mr. E. J. Moger June 28, 1976 Page Five Perhaps the most significant feature of this dispute is the fact that the remedial measures which the State is insisting the City undertake (at an estimated cost of $3.5 million) are not measures which will materially change the situation in Port Angeles. The Elwha River (from which the State is insisting the City should get its water) is also a mountain stream which becomes extremely turbid at times. Either a filtration plant or a system of Ranney Collectors would be needed at the Elwha source to avoid turbidity. Even then the change to the Elwah would not improve the situation about which the State complains in terms of the Coliform count in the raw water at the head works. Both mountain streams come from national forest or national park lands over which the City has absolutely no con- trol. In other words, the City's disinfection process will always have to be relied upon to produce drinking water which is pure at the tap. An alternate scheme which the State will accept (a filtra- tion plant utilized in connection with Morse Creek water) will also cost approximately $3,500,000. That would reduce the turbidity problem but it will not alter the raw water Choliform count about which the State also complains, nor will it do anything to clear up the problem at the three particular outlets which have caused problems in the past. As we pointed out above, the problems at those three particular outlets have been solved by a program of regular flushing. If the flushing program were discontinued, and if the City were to substitute Elwha River water for Morse Creek water, or put a filtration plant on Morse Creek, there is absolutely no doubt that the problems at the three outlets in question would reoccur. This demonstrates, perhaps better than anything else, the reasons why the City Council is not persuaded that it should expend the sum of $3,500,000 to make changes in its water system which would have little or no effect on the matters which have concerned both the State and the City in the past. The City has highly qualified experts who are of the opinion that its prbgram of "end of the line flushing" and Mill Creek reservoir flushing have solved the problem, and who believe that the City's water system is therefore perfectly safe for human con- sumption. Those experts will express those opinions at trial.' Their opinions are entitled to at least as much weight as those expressed by DSHS representatives. We have high hopes that a judge and a jury will conclude that there is no health hazard presented by the City's system, and that the order by DSHS that the City make useless modifications to that system was erroneous. We ask that HUD withhold its action until the matter Mr. E. J. Moger June 28, 1976 Page Six can be settled in court. For HUD to do otherwise is to inflict a penalty on the City and its residents because of their decision to have their day in court on a matter where they are convinced of the correctness of their position. The City of Seattle is presently involved in a controversy with DSHS about reservoir lidding. Several of that City's reservoirs violate DSHS regulations. Presumably DSHS holds the opinion that the unlidded reservoirs present a potential health hazard. The State could address a letter to you about the City of Seattle phrased in almost identical terms to those used in its letter of June 9 about Port Angeles. Would you then terminate all HUD involvement in Seattle's housing programs without giving the City a hearing or giving the matter serious study? We pose the question to demonstrate that it is wrong for HUD to act without giving both sides a chance to be heard and without letting your decision abide the outcome of trial where the issue will soon be determined in the traditional American way. If there are any further questions which we can answer, please don't hesitate to ask them. WAH:vp Sincerely, cc: Kenneth S. Whorton City Manager City of Port Angeles 140 West Front Port Angeles, Washington 98362 Mr. David Flodstrom Director of Public Works City of Port Angeles 140 West Front Port Angeles, Washington 98362 Mr. Stanley A. Taylor City Attorney City of Port Angeles 202 Lincoln Building Port Angeles, Washington 98362 dOZZei William A. Helsell The Honorable Charleton Olson Mayor of the City of Port Angeles Members of the City Council City Hall 140 West Front Street Port Angeles, Washington 98362 April 19, 1976 Dear Mayor Olson and Council Members: The Department of Social and Health Services has asked the Office of the Attorney General to initiate legal proceedings to compel the City of Port Angeles to comply with state law and regulations governing public water supplies. We regret this step, but we feel that in view of the failure of the City to correct the public health problem posed by its water supply, we are left with no alternative. In accordance with WAC 248 -54 -460, you will soon be receiving from the Department a formal order directing you to commence improvements on the Port Angeles water system and setting out a time schedule for these improvements. Upon your failure to take any of the steps set out in the order, the Department will initiate legal proceedings. JAB :dh Sincerely, L John A. Beare, M.D. Director HEALTH SERVICES DIVISION John A Beare, M D Director P 0 Box 1788 Olympia WPB 98504 yr c �f (.>,,W shitIgtcvi 6'1)(pclFt lX'1 )1 Social X41 k'ultii jr S SE rvis e's 4.2O. 7c. 5.5G, Honorable Mayor Members of the City Council City Hall 140 West Front Street Port Angeles, WA. 98362 Re: City of Port Angeles Public Water Supply Gentlemen: April 19, 1976 HEALTH SERVICES DIVISION John A Beare M D Director P 0 Box 1788, Olympia WA 98504 yr s %d' Stae of Wass lW )f`] De{ 1M nei t of Social icalti� Services As you are aware from the many letters and meetings we have had on this subject for more than four years, the Department of Social and Health Services has found that the Port Angeles public water supply, as now constituted, presents a public health hazard because of its failure to comply with the requirements of Chapter 43.20 RCW and Chapter 248 54 WAC and because of the current water supply's in- adequate water treatment and its resulting inadequate water quality. In accordance with WAC 248 -54 -460, I am, therefore, ordering you to take the following actions to improve the Port Angeles water supply and to do so by the following deadlines: 1) The city shall commit itself to undertaking one of the two water supply improvement programs described in the engineering report developed for the city in 1973 by Cornell, Howland, Hayes Merryfield, that is, the city shall commit itself either to the construction of a water filtration plant on the Morse Creek supply or to the development of an alternate source of water on the Elwha River by use of Ranney Collectors. The city shall concurrently develop a time schedule for implemention of the alternative chosen. The time schedule shall contemplate completion of the construction project by July 31, 1978. To this end, the time schedule shall set deadlines for submission to the Department of Social and Health Services of the preliminary engineering report required by WAC 248-54-290, submission of the plans and specifications required by WAC 248 -54 -300 and WAC 248 -54 -310, putting the project out for bid, and the awarding of a contract for construction of the project. The city shall commit itself to one of the two alternatives and shall submit the written time schedule to the Department by no later than May 10, 1976. 2) The city shall submit to the Department the preliminary engineering report required by WAC 248 -54 -290 by no later than the deadline indicated in the time schedule submitted by the city as required in paragraph (1). 3) The city shall submit to the Department the plans and specifications called for by WAC 248 -54 -300 and WAC 248 -54 -310 by the deadline in the time schedule required in paragraph (1). April 19, 1976 Honorable Mayor Members of the City Council City Hall 140 West Front Street Port Angeles, WA. 98362 Re: City of Port Angeles Public Water Supply Gentlemen: HEALTH SERVICES DIVI John A Beare M D Director P 0 Box 1788, Olympia WA 98504 sate of )f ��'iJ 1)ej 3rtnu'1it i)f SCx i�1i 1 IedItl Scrvi' cs As you are aware from the many letters and meetings we have had on this subject for more than four years, the Department of Social and Health Services has found that the Port Angeles public water supply, as now constituted, presents a public health hazard because of its failure to comply with the requirements of Chapter 43.20 RCW and Chapter 248 -54 WAC and because of the current water supply's in- adequate water treatment and its resulting inadequate water quality. In accordance with WAC 248 -54 -460, I am, therefore, ordering you to take the following actions to improve the Port Angeles water supply and to do so by the following deadlines: 1) The city shall commit itself to undertaking one of the two water supply improvement programs described in the engineering report developed for the city in 1973 by Cornell, Howland, Hayes Merryfield, that is, the city shall commit itself either to the construction of a water filtration plant on the Morse Creek supply or to the development of an alternate source of water on the Elwha River by use of Ranney Collectors. The city shall concurrently develop a time schedule for implemention of the alternative chosen. The time schedule shall contemplate completion of the construction project by July 31, 1978. To this end, the time schedule shall set deadlines for submission to the Department of Social and Health Services of the preliminary engineering report required by WAC 248 -54 -290, submission of the plans and specifications required by WAC 248 -54 -300 and WAC 248 -54 -310, putting the project out for bid, and the awarding of a contract for construction of the project. The city shall commit itself to one of the two alternatives and shall submit the written time schedule to the Department by no later than May 10, 1976. 2) The city shall submit to the Department the preliminary engineering report required by WAC 248 -54 -290 by no later than the deadline indicated in the time schedule submitted by the city as required in paragraph (1). 3) The city shall submit to the Department the plans and specifications called for by WAC 248 -54 -300 and WAC 248 -54 -310 by the deadline in the time schedule required in paragraph (1). JAB :dh April 19, 1976 Sincerely, John A. Beare, M.D. Director HEALTH SERVICES DIVISION John A Beare, M D Director P 0 Box 1788, Olympia, WA 98504 The Honorable Charleton Olson Mayor of the City of Port Angeles Members of the City Council City Hall 140 West Front Street Port Angeles, Washington 98362 Dear Mayor Olson and Council Members: The Department of Social and Health Services has asked the Office of the Attorney General to initiate legal proceedings to compel the City of Port Angeles to comply with state law and regulations governing public water supplies. We regret this step, but we feel that in view of the failure of the City to correct the public health problem posed by its water supply, we are left with no alternative. In accordance with WAC 248 -54 -460, you will soon be receiving from the Department a formal order directing you to commence improvements on the Port Angeles water system and setting out a time schedule for these improvements. Upon your failure to take any of the steps set out in the order, the Department will initiate legal proceedings. r t .Stair' Of \iShifl 1On 1)eiku'tnxi 1 11f SOCIAL &I IC'C►iti 1 ;';1 \Services 5.560 April 2, 1976 MEMORANDUM TO: City Council Members FROM: David T. Flodstrom, Director of Public Works SUBJECT: Information Pertaining to the Improvement of Water Quality in Port Angeles, Washington. The attached information has been compiled with the hope of better informing the City Council of all the various aspects.of the options before them. The attachments are: 1. A Water Demand Chart. 2. Detailed discussions of the various alternatives presently being considered. 3. A typical schematic diagram and operation procedures for a rapid sand filter process. 4. Chemical Analysis of both surface and ground water samples from the Elwha River and a surface water analysis of Morse Creek Water. 5. A letter from the President and Chief Engineer of the Ranney Corporation. This letter answers many of the questions which have come up concerning this method of water extraction. In discussion of the various alternatives and possible solutions to our present water quality problem, I purposely did not include location maps. The reason for this being that I would like to discuss (prior to or at the April 6th meeting) each alternative in detail and answer any questions which remain unanswered. While much of this information is not new, I would hope that by gathering it together, it will help in your decision making. DTF /rm Attachments PORT ANGELES WATER DEMAND UNMETERED YEAR POPULATION ANNUAL TOTAL(MGD) AVER. DAILY(MGD) MAX. DAILY(MGD) 1970 16,367 1,656 4.5 11.2 (1971-13.0) 1972 16,300 1,628 4.5 12.1 1975 16,400 1,821 5.0* 11.2 1978 17,300 1,825 5.0 13.6 (6.9 -9.9) 1983 18,800 2,008 5.5 14.6 (7.3 -10.5 1988 20,400 2,190 6.0 15.6 (7.6 -11.1 1993 22,200 2,373 6.5 16.8 (8.2 -12.0 2000 26,500 2,555 7.0 18.0 (9.0 -13.0 represents estimated maximum daily demand if the system was a metered system. the existing use per capita is approximately 305 gallons per day. This compares with 150 gallons per day for a metered system similar to the Port Angeles system. 1 ALTERNATIVES r Filtration of Morse Creek only Filtration of both Morse Creek and Elwha River water Ranney Collectors System A. ESTABLISH A FILTRATION PLANT CAPABLE OF FILTERING BOTH ELWHA AND MORSE CREEK WATER LOCATION: The best location both physically and hydraulically for serving both sources would be a site at or near the present Peabody Heights Reservoir. DELIVERY SYSTEM: Water would be supplied from the existing Morse Creek transmission line until such time that supplemental water was needed. At this time, water from the Elwha River would come through a new transmission line or via a connection with the existing industrial line. (A connection to the industrial line would provide a supplemental flow of approxi- mately 3 to 5 MGD.) EXISTING WATER RIGHTS: Morse Creek allows for 13 MGD surface water, the Elwha River allows for 32 MGD ground water and 67 MGD surface water (only 3 to 5 MGD of surface water from the Elwha is not being used by industry). SYSTEM CAPACITY: Maximum would be 45 MGD (13 MGD from Morse Creek and 32 MGD from the Elwha). NECESSARY TREATMENT: Filtration and disinfection. COSTS OF SYSTEM COMPONENTS: Initially (1977) Filtration Plant $3,200,000 (13 MGD) Initially (Est. 1977) System adjustments $Minimal Required new service Line to service existing transmission line customers 311,500 1977 Costs to Produce 13 MGD $3,511,500 /Supply Transmission line from the Adding 3 -5 Elwha Industrial Supply 180,000 MGD as a supplement Increasing the capacity of the to Morse Creek filter plant to 18 MGD 850,000 (Est. 1993) 1993 Costs to Produce 18 MGD $1,030,000 Supply Transmission line from the *Replacement Elwha River (20 MGD) $1,340,000 of Morse Creek with Pumping facilities 330,000 an Elwha River source Adjustments to Ex. system 490,000 (Est. Cost of conversion to Elwha $2,160,000 This step would be a total conversion to the Elwha River as a water source and would allow for sale of the Morse Creek System (if still operable) to the PUD. ANNUAL OPERATING COSTS: Initially $370,000 (13 MGD) 1993 455,000 (18 MGD) After conversion to an $560,000 (18 MGD) Elwha source totally. MI -2- Note 1: All dollar figures are in terms of 1977 dollar values for purposes of cost comparison. Note 2: Annual operating costs could be higher if Crown Z and Rayonier were to require us to participate in the industrial line maintenance program. Note 3: The annual operating costs of an Elwha Transmission line would be substantially less ($105,000) once amortization of the initial cost was complete. SYSTEM LIFE: System life is indefinite regardless of the system being metered or unmetered. ADVANTAGES: 1. High quality water. 2. Min. system adjustments. 3. Adequate supply. 4. Morse Creek could be changed to a back -up system eventually. 5. Once the Elwha line is in, a regional system would be possible. DISADVANTAGES: 1. System is dependent upon the unstable Morse Creek pipeline. 2. The purchase of 5 to 7 acres of land for plant and back flushing sites would be necessary, as would discharge permits. 3. Over all cost is quite high. 4. Annual operating costs become excessive. B. FILTRATION PLANT FOR MORSE CREEK SUPPLY ONLY LOCATION: Plant site and backwashing facilities would be at or near the Mount Pleasant Road chlorination facility. This location allows for service to all transmission line customers. DELIVERY SYSTEM: Since the plant would be "on line" with the existing transmission line, the delivery system would be the present gravity flow system. EXISTING WATER RIGHTS: 13 MGD surface rights with no possibility of an increase. SYSTEM CAPACITY: 13 MGD. NECESSARY TREATMENT: Filtration and disinfection. TOTAL PROJECT COST: $3,200,000 (13 MGD) Filter Plant $3,200,000 System adjustments minimal ANNUAL OPERATING COST: $370,000 (13 MGD) SYSTEM LIFE: 10 to 15 years for an unmetered system and past the year 2000 with metering. ADVANTAGES: 1. High quality water. 2. Minimal adjustment to existing distribution system. 3. System operates primarily due to gravity. DISADVANTAGES: 1. Instability of the existing supply transmission line. 2. Limited supply of water virtually requires metering and restricts expansion of the service area. 3. Purchase of 5 to 7 acres of land would be required. 4. Backwash settling would be required, as would discharge permits. C. RANNEY COLLECTION SYSTEM LOCATION: 2 ground water collectors would be located on the Elwha River at or near the salmon rearing channel. DELIVERY SYSTEM: Water would be pumped from the collector site through a 24" transmission line to the "E" Street reservoir (a lift of approximately 300 ft.) from here only the required water would be pumped to the higher zones (a lift of approximately 100 ft. but with much less water). EXISTING WATER RIGHTS: 32 MGD ground water. 67 MGD surface water. (Presently the 67MGD surface water rights are used entirely by industry.) SYSTEM CAPACITY: 18 22 MGD. NECESSARY TREATMENT: Disinfection only. TOTAL PROJECT COST: $3,230,000 (13 MGD)' Collectors (2) Transmission line Pumping stations Ex. system adjustments ANNUAL OPERATING COST: $270,000 (13 MGD) SYSTEM LIFE: Past the year 2000. 1,070,000 1,340,000 330,000 490,000 ADVANTAGES: 1. High quality water. 2. Secure source and transmission line. 3. Adequate quantity of water for both a metered or unmetered system. 4. Provides a regional source of water between Morse Creek and the Elwha River. 5. Collectors would be on existing city land. 6. Allows for sale of Morse Creek system to PUD. DISADVANTAGES: 1. System is not gravity flow. 2. Easements for the transmission line would be required. RAPID SAND FILTER Schematic Diagram Operational Procedure Settling Basin (optional) r To Sewer or Settling Basin Water Level During Filtration Water Level During Backwash Schematic Diagram Indicating Operation of a Rapid Sand Filter '0 gip'• ;O .i, Washwater Tank 3 4 v Clear Well 7 z7 --Fine Sand Gravel --Course Sand Gravel To Distribution System RAPID SAND FILTRATION The most common type of device for treating municipal water supplies is the rapid s d filter which removes nonsettleable floc and impuri- ties remaining after chemical coagulation and sedimentation of the raw water. Water passes downward through the filt media by a combina- tion of positive head and suction from the bottom. Filters are cleaned by reversing flow, a process known as backwashing. Action of a rapid sand filter is extremely complex, consisting of straining, flocculation, and sedimentation. The behavjor that takes place in the media depends upon water quality and previous chemical treatment. The straining process occurs principally at the interface between filter media and water. Initially, materials larger than the pore openings at the interface are strained. During the filtration pro- cess, material deposited as a mat over the surface builds up and further enhances the straining process; however, it also restricts pa8sage of water through the filter bed. A-bed plugs quickly from poor pretreatment of raw water, either by improper coagulation or inadequate sedimentation. Microscopic particulate matter in raw water not chemically treated will pass through a rapid sand filter bed, On the other hand, parti- culate matter fed to a filter with excess coagulant carryover from chemical treatment produces a heavy mat of flocculated matter clogging the bed surface. Optimum filtration occurs when impurities in the water and coagulant concentration cause "in depth" filtration, The impurities neither pass through the bed nor are they all strained out on the surface, but rather a significant amount of coagulated impurities is removed and trapped in the bed interstices. -2- Hazen has stated that a filter medium acts somewhat similar to a sedimentation basin with a large number of trays or false bottoms. When particles smaller than the pore spaces are introduced to a filter, they have an opportunity to settle out on the surface of the medium while passing through the bed. In this respect, each pore space acts as a tiny sedimentation basin. Based on spherical sand grains of 5 x 10 cm in diameter, Fair and Geyer indicate that the settling velocity of removable particles is approximately 1/400 that of particles which can be removed effectively in a sedimentation basin of equal loading. Floc growth is dependent upon the chances for particle contacts to be made. In the filtration process, conditions within pores of a filter bed promote flocculation. Floc thus grow in size and become trapped in the interstices. Figure 9 -27 is a schematic diagram illustrating the action in a rapid sand filter. The remainder of this chapter is devoted to rapid rate gravity filters their operation, media, hydraulics, and design criteria are discussed. DESCRIPTION AND OPERATION OF A RAPID SAND FILTER A typical rapid sand filter system is shown in Fig. 9 -28. Filters are generally placed on both sides of a pipe gallery which contains inlet and outlet piping, wash -water inlet lines, and backwash drains. The pipe gallery is decked by an operating floor where control consoles are placed near the filters. A clear well for filtered water storage is located under a portion of the filter bed area. -3- Figure 9 -29 is a cross section of a typical rapid sand filter bed which is placed in a box structure a minimum of 8 1/2 ft. deep, The gravel layer containing underdrains is 15 to 24 in. thick, depth of filter sand is 24 to 30 in., and top elevation of wash -water troughs is not more than 30 in. above the filter surface. Wash -water trough spacing limits to 3 ft. the maximum horizontal travel distance of suspended particles to reach a trough. A step by step description of rapid sand filter operation follows the valve numbering illustrated in Fig. 9 -30. Initially valves 1 and 4 are opened, and 2, 3, and 5 are closed permitting filtration to proceed. Overflow from the settling basin is applied to the filter, water *passes through the bed into the clear well. After operating head loss becomes excessive, valves 1 and 4 are closed (3 remains closed), and 2 and 5 are opened to permit backwashing. Clear water from the wash -water tank, or pumps, flows into the filter under- drainage system where it is distributed upward through the sand filter. Dirty wash water is collected by troughs, and flows into a channel connected to the drain. Normally some water at the beginning of a filter run is wasted to flush the wash water remaining in the bed out through the drain. This initial wasting is accomplished by opening valve 3 when valve 1 is opened to start filtration (2, 4, and 5 are shut). Then, valve 4 is opened while valve 3 is being closed, The sequence is then repeated. -4- During filtration, depth of water above the sand surface is a minimum of 3 ft, usually between 3 and 4 1/2 ft. The filter effiuent pipe is trapped in the clear well to provide a connection to water above the sand and to prevent backflow of air to the bottom of the filters. Total head available for filtration is equal to the difference between elevation of the water surface above the filter and the liquid level in the clear well, commonly 9 to 12 ft. A rate of flow controller (a valve controlled by a venturi meter) in the filter effiuent pipe regulates the rate of flow through a clean filter. As the interstices of the filter plug up and a mat forms on the sand surface, head loss in the sand bed increases until the flow controller valve is wide open. When the measured head loss through the filter bed is 8 or 9 ft the filter is cleaned by backwashing. Schematic piezometric diagrams in Fig. 9 -31 illustrate the approximate hydraulic profiles occurring in a filter system. ''The control console for each filter unit is provided with a head loss gage, flow meter, and rate controller. A run is normally terminated when head loss through the filter reaches•a prescribed value between 6 and 9 ft. Filtration may be stopped due to low rate of filtration, passage of excess turbidity through the bed, or "air binding." As head loss increases across the bed, the lower portion of the filter is under a partial vacuum (Fig. 9-31). This negative head pertits release of dissolved gases which tend to fill the pores of the filter, causing air binding and reducing the rate of filtration. Under average operating conditions sand filters are backwashed about once in 24 hr. at a rate of 15 gpm per sq ft for a period of 5 to 10 min. Initial filtered water is wasted for 3 to 5 min. A bed is out of operation for 10 to 15 min to complete the cleaning process. The amount of water used in backwashing varies, but it is usually about 4 percent of the filtered water. During backwashing the sand layer expands hydraulically about 50 percent. Sand grains are scrubbed by rubbing against each other in the turbulent backwash flow and impurities released conveyed to the wash troughs. Several devices have been developed to improve backwashing by increasing the scrubbing action in an expanded bed and decrease the quantity of water involved. The majority of new installations provide surface wash facilities, A system of fixed nozzles or a revolving agitator driven by nozzles can be installed just above the sand surface so that during backwashing they are sub- merged •under the expanded sand surface. The nozzles spray water, under a pressure of 45 to 75 psi, into the expanded bed increasing turbulence without materially raising the flow rate of wash water. During backwashing grains of sand are mixed in the turbulent flow of the expanded bed. When the upward flow of water is stopped, suspended media settle down forming a stratified bed with the finest grains on top. In a mixed media bed, the medium of lowest density settles on top. WATER ANALYSIS Morse Creek •Surface Water Elwha River surface and ground water 2. Water Supply Official Contacted (Name and Title) Paul Reed, Asst.. Public Works Dir (sroee) Washington 3. Date of latest field survey made by state 5. Population served by distribution system 8. Treatment used (1=Yes. 2 =No) e t For use of EPA Regional Office Disinfection Coagulation Lime Softening E. F. G. Are the Date of most recent Analyses: Arsenic (0.05) Barium (1.0) Cadmium (0.01) Chloride (250) Chromium (Cr46) Copper (1) Cyanide (0.2) Fluoride ABS (0.5) Iron (0.3) Lead (0.06) Mangeneso (0.05) Mercury 1 1 111611 1010 1 10.05) 0 0 U.S. ENVIRONMENTAL PROTECTION AGENCY REPORT OF WATER SUPPLY USED ON INTERSTATE CARRIERS 4. Date of latest 1 i EPA -STATE Joint Survey 121 1 151 1715 1 1 17 MO. Ion Exchange 9. Local Wator Supply Program (1 =Yes, 2=No) Are all distribution reservoirs covered? 0 0 0 °00 0 0 5 1 0 O o 0 0 Q 0 012 O 5 1 O o 1 0_ l o 2 5 0 O 9 Si O _10 0± 0 0 1 2 0 0 01000 PHYSICAL 0 Color (15 a.u.) (Max. this report period) Odor (3 S.U.) (Max. this report period) Turbidity 15 S.U.) (Max. this report period! Av. Air Temp. F) DAY YR. 1. Nanto of water supply facility City of Port Angeles Location (crnllort Angeles p H TDS (5001 Rapid Sand Filtration Settling principal plant operators certified or licensed under a state program? 10. Result of most recent analyses (A blank indicates no report(. MO. DAY YR. 1 1 i( 1211 1 1 7141 CHEMICAL (MG /L) 0 Nitrate (NO3)(45) CAE Selenium (0.01) Silver 10.05) Sodium Sulfate (250) Zinc (5) Alkalinity (as CaCO Hardness (as CaCO 6. OWNERSHIP =Public 2= Private Sample Location Pesticide? Fluoridation Organics— Carbon absorbable; CCE 10.2) 0 SR 90„ 11OpCi /LI RA (3pCi /L) 0 Gr. Beta 11000 pCi /L) ,31_1 Alpha Tritium FOOTNOTES• 1 List from whom water is purchased in (tern 12. 2 Limits in parentheses from 1962 PI(S Drinking Water Standards. 3 Limits In parentheses from E PA Manua for Evaluating Public Drinking Wore, Supplies. 4 Maximum doily air temperature oscine° (or nt !cast 5 a,.er e12 5 11 Iron Removal MORSE CREEK SUPPLY (Count Clallam (Zip Code) 98362 7. NUMBER OF SOURCES a Surface Ground [1 Purchased (D Ell Ell MO. Taste and Odor Control Other (If yes. describe under 12) A. Does the community have an adequate plumbing code, such as the National Plumbing Code. or are there rules and regulations to prohibit cross connections? B. Is thole a continuous cross- connection control program to detect health hazards and sanitary defects within the water distribution system? C. If there is a program such as described in "B" above, are sanitary defects and health hazards being removed systematically and at a rate which is satisfactory? D. Is a minimum working pressure of 20 psi continuously maintained in a lI parts of the distribution system? Is the wator flowing from all uncovered reservoirs to the distribution system rechlorinated? (A free chlorine residual of 0.4 mg/I for 30 minutes or a chloramine residual of 2.0 mg /1 for 2 hours prior to delivery to the first customer.) City Hall How often are chemical analyses made? Annually 1 1 1 Ille1 O O 1 0 0 5 0 0 0 0 2_1° 2_5 017 7 G 0 e Physical? Annuall.vRadiochemical7 PESTICIDE Aldrin (17) Chlordane (3) DDT (42) Oieldrin (17) Endrin (1) Heptachlor (18) Heptachlor Epoxide (18 Lindane (56) Methoxchlor (35) Toxophene (5) Total organophorous and caroamote compounds (1001 RADIOCHEMICAL O Form Approved OMIJ No. 1.58-1.101!f_' DAY YR. 26 17 (PPB) O O 0 O O 0 0 0 0 0 0 I I VI WATER QUALITY AND TEMPERATURE: The chemical analyses of water samples collected during the pumping test are given in TABLE II. Also shown in the table are the water quality standards of the Washington State Department of Social and Health Services. TABLE II CHEMICAL ANALYSES OF WATER SAMPLES(5) Milligrams per Liter Elwha River Well APW State of Washington Constituent (12- 17 -73) (12- 17 -73) Specified Maximum P. Alkalinity (CaCO33) 0 0 M.O. Alkalinity (CaCO) 32 55 Total Hardness (CaCO3J 31 50 Sodium (Na) 2 5 Potassium (K) Calcium (Ca) 10 17 Magnesium (Mg) 1.4 1.7 Iron (Fe) 0.36_ F 0.04 0.3 Manganese (Mn 0.02 0.02 0.05 Arsenic (As) 0.005 <0.005 0.005 0.01 Silica (Si02) 7 7 4 7 250.0 Sulfate (SO4) 1 .c1 250.0 0.08 0.09 2.0 Nitrate Nitrogen (N) 0.16 0.09 10.0 Nitrite Nitrogen (N) 0.02 <0.02 5 2 -63 _____W 0 Total Dissolved Solids_ Suspended Solids 32 16.0 26 50 0. 15.0 pH Value 7.4 7.6 MP 4/0 The above analyses show that the auality of the water produced during the pumping test is similar in mineral characteristics to that of the Elwha River. The water is bicarbonate iu type, has a hardness classification of "soft and contains no significant amounts of iron or manganese. The physical characteristics of the water are excellent. being clear, free of tastes_and_ a turbidity of only_0.26 JTU and a color of less than 5. The water produced will have a seasonal temperature variation similar to that of the Elwha River. It is estimated that the temperature of the water produced will have a seasonal range of 42 to 54 °F. RANNEY COLLECTOR SYSTEM Answers to common questions regarding the system RANNEY COLLECTORS SURFACE WATER INTAKES ARTIFICIAL RECHARGING CONSTRUCTION DEWATERING Mr. David Flodstrom Director of Public Works City of Port Angeles City Hall, 140 W. Front Street Port Angeles, Washington 98362 Dear Mr. Flofdstrom: RANNEY METHOD WESTERN CORPORATION WATER SUPPLY ENGINEERS AND CONTRACTORS March 8, 1976 Re: Ranney Collector Water Supply City of Port Angeles,.Washington This will confirm our telephone conversation of March 3, 1976 regarding historic information on existing Ranney Collector Systems. As a matter of general interest, we enclose our brochure, "Supplying Water together with reprints of articles describing some of our western installations. For reference data on existing Ranney Collectors, we enclose the following lists: Ranney Collectors in the Western United States, Ranney Collectors in North America, and Ranney Water Collectors in Europe. As you will note, more than 300 Ranney Collectors have been constructed over the past 35 years throughout the United States and Europe. It would be presumptuous to state, categorically, that all 300 of these Ranney Collectors have been constructed and operated without problems. However, most problems have been minimal(1) and Ranney Collectors have proven to be an effective and economical method of obtaining large volumes of naturally filtered water. Further evidence of this is shown by the number of repeat installations, generally occurring 15 to 20 years after the initial installation, for further expansion of, the water supply. In the western United States, repeat installations have been completed for St. Helens, Oregon; Sonoma County Water Agency, California; and Boise Cascade Corporation while studies or discussions for additional installations are currently in progress for the State of California; Carmichael, California; and Kennewick, Washington. (1) SPIRIDONOFF, S.V. Design and Use of Radial Collector Wells. Journal AWWA, June 1964 ASSOCIATED WITH RANNEY METHOD WESTERN OF CALIFORNIA, INC. RANNEY INTERNATIONAL. SA. 166 AVENUE LOUISE. BRUXELLES, BELGIUM P 0 BOX 6387 KENNEWICK, WASHINGTON 99336 TELEPHONE: 586 -6947 Director of Public Works City of Port Angeles March 5, 1976 Page 2 The following discussion relates, for the most part, to Ranney Collectors in the western United States as these are the units about which we have the most precise data. Water Quantity: Capacities of Ranney Collectors in the West have ranged up to 20 MGD from a single Collector. In most instances, a hydrogeological survey has been conducted prior to the installation of the Collector. These surveys have normally yielded good results, with an accuracy of estimates of 10 to 15 percent, which is sufficient for most design purposes(2). Notable exceptions to the foregoing have occurred in three instances in the West. At Boise, Idaho (1952), a single Ranney Collector, expected to produce 12 MGD, actually produced only 7 MGD. Subsequent testing revealed the existence of a horizontal confining layer which prevented infiltration from the Boise River. Two additional shallow Collectorswere constructed above this confining layer, at no cost to the owner, to provide the required 12 MGD. At Kennewick, Washington (1957), the initial Ranney Collectors, expected to produce 9 MGD, produced only 5 MGD. Two additional Collectors were installed, again at no cost to the owner, which increased the total water supply to 20 MGD. At Yakima, Washington (1957), a Ranney Collector, expected to produce 5 MGD, produced only 4.2 MGD. This deficiency •resulted from the inability to sink the caisson to the desired depth due to a layer of hardpan. In this instance, the contract price wasreduced proportionally to the quantity of water produced. Inasmuch as the results of the hydrogeological survey, conducted for the City of Port Angeles in 1973, show that the proposed Ranney Collectors can produce the required water supply of 15 MGD with a factor of safety of over 40 percent, it is not anticipated that any problems will occur in developing the required water supply. Water Quality: With the exception of high iron and manganese content at three installations, the mineral characteristics of the water produced from Ranney Collectors in the West are excellent, being substantially lower than the requirements for municipal, industrial and Class I irrigational waters. The total hardness of the water produced is generally low. Of the 34 installations studied, 24 are classified as soft or slightly hard, 7 as moderately hard and only 3 as very hard. The physical and bacteriological characteristics of the water produced from the Collectors are also excellent, the water being clear and free of turbidity, color, tastes, odors, and pathogenic bacteria. The (1) MIKELS, F.C. and KLAER, F.H. Application of Ground Water Hydraulics to the Development of Water Supplies by Induced Infiltration, Publication No. 41, Association Internationale d'Hydrologie, Symposia Darcy, Dijon, September 1956. Director of Public Works City of Port Angeles March 5, 1976 Page 3 enclosed table of miscellaneous turbidity measurements shows that all turbidities are less than the EPA Interim Primary Drinking Water Regulations limit of 1.0 JTU and most are less than 0.5 JTU. The water produced from the Ranney Collectors does not require any treatment other than preventive chlorination, with the exception of the three installations with high iron and manganese. The presence of excessive amounts of iron and manganese at these installations was noted during the conducting of the hydrogeological surveys and plans were made, prior to construction, to provide treatment facilities for this condition. In two instances, the City of Sacramento, California and the City of Anacortes, Washington, complete iron and manganese removal plants' were installed, one plant being of the gravity filter type and the other of the horizontal tank pressure filter type. At the third installation, Skagit County Public Utility District, the amounts of iron are low enough that removal facilities are not needed, the condition being handled by stabilization of the water with a sequestering agent. The results of the hydrogeological survey for the City of Port Angeles show that the quality of the water to be produced from the proposed Ranney Collectors will be excellent, having a hardness classification of soft, containing no significant amounts of iron or manganese, and having a turbidity of only 0.26 JTU. Operation and Maintenance Problems: Ranney Collectors have been relatively free of operation and maintenance problems. However, in certain circumstances, loss of capacity due to clogging of the openings in horizontal laterals has been noted. These problems fall into two general categories: 1. Clogging due to incrustation, occurring in waters with a high dissolved mineral content. 2. Clogging due to the growth of iron bacteria, occurring in waters containing excessive amounts of iron. Clogging due to incrustation has not been noted in any Ranney Collectors constructed in the West. This is undoubtedly due to the fact that most western rivers and streams are very low in dissolved mineral content. Incrustation has occurred in several Ranney Collectors in the eastern United States, particularly in the East St. Louis, Illinois industrial area. The water in this area is highly mineralized, with total dissolved solids in excess of 1,000 mg. /1. Loss of capacity due to incrustation has been noted generally 8 to 10 years after the Collectors were installed. Capacities have been successfully restored by acidizing the horizontal laterals, a process that usually requires about two weeks. Director of Public Works City of Port Angeles March 5, 1976 Page 4 Clogging due to the growth of iron bacteria has been noted in two Ranney Collector installations in the West City of Anacortes and Skagit County Public Utility District, Washington. In both instances, capacities have been successfully restored by chlorination of the horizontal laterals. These two installations are briefly described as follows. Skagit County Public Utility District (SCPUD): SCPUD has a single Ranney Collector, located on the south bank of the Skagit River at River Mile 16.5 which was put into service in August 1954. The Collector is 40 feet deep, has 448 feet of 8 -inch diameter perforated laterals, and was designed for a yield of 5.0 MGD. Water quality samples, taken during the hydrogeological survey run prior to construction of the Ranney Collector, showed excessive amounts of iron in the aquifer. At Site A (River Mile 16) the iron content was 7.4 ppm and at Site B (River Mile 16.5) the iron content was 2.6 ppm. The Ranney Collector was constructed at Site B and it was anticipated that, once pumping had started and river water infiltrated into the aquifer, suffi- cient dilution would occur to reduce the iron content of the water to less than 0.5 ppm. Source Quantity (MGD) Judy Reservoir gravity system 2.5 Skagit River Pressure filtration plant Mt. Vernon 2.0 Sedro Woolley Well 1.3 Ranney Collector 3.0 Total 8.8 Actual water quality records on the Ranney Collector, since the start of operation in August 1954, show that the iron content of the water produced ranges from 0.4 ppm when the river is high to 1.5 ppm when the river is low. Since the Collector is used as a source of potable water, customer complaints of "red" water were common when the iron content was above 0.8 ppm. To alleviate this situation, in 1957 SCPUD installed facilities to feed sodium hexametaphosphate to the water to stabilize the iron and prevent oxidation. This treatment was successful and virtually eliminated all customer complaints. SCPUD has experienced a capacity decline twice (in 1960 and 1965( since the start of operation of their Ranney Collector. In each instance, this decline was caused by the growth of iron bacteria, a common occurrence in ground waters with high iron content. In each instance, the capacity of the collector was fully restored by backwashing the laterals with a high concentration (100 ppm) chlorine solution, getting a complete kill of the iron bacteria. This treatment took 2 days to perform. At the time the Ranney Collector was installed, SCPUD water usage from its various sources was as follows: Director of Public Works City of Port Angeles March 5, 1976 Page 5 In 1958 a hydrogeological survey was conducted to locate a site for a second Ranney Collector. This study was carried out along the Skagit River between River Miles 19 and 22 just east of the City of Burlington. Throughout this area, the iron content of the water was in excess of 5.0 ppm with some samples as high as 17.5 ppm. Since these investigations did not indicate another possible Ranney Collector site, near the major service areas, to produce water that would not have to be completely treated in an iron removal plant, SCPUD decided to expand its gravity supply system. As the gravity system was expanded, the existing Ranney Collector, with its high iron content, was used less and less and is now maintained as a standby supply only. City of Anacortes, Washington: The City of Anacortes has two Ranney Collectors, located along the east bank of the Skagit River at about River Mile 15, which were put into service in the summer of 1955. The Collectors are 48 feet deep, each having about 900 feet of 8 -inch diameter perforated laterals, and were designed for a combined minimum yield of 19.3 M.G.D. Water quality samples, taken during the hydrogeological survey, run prior to construction of the Ranney Collectors, showed excessive amounts of iron in the aquifer. At Site No. 1 the iron content was 14.5 ppm and at Site No. 2 the iron content was 13.0 ppm. Ranney Collectors were constructed at both sites and it was anticipated that, once pumping had started and river water infiltrated into the aquifer, sufficient dilution would occur to reduce the iron content of the water to a range of 1.0 to 2.0 ppm. Actual water-quality records on the Ranney Collectors, since the start of operations in 1955, show that the iron content of the water produced ranges from 1.5 to 3.5 ppm. In conjunction with the Ranney Collector installation, the City installed an iron removal plant of the pressure filter type to reduce iron content to the U. S. Public Health Service recommended limits of 0.3 ppm. The iron removal plant worked quite satisfactorily until the early 1960's when a serious corrosion problem was found to exist in the steel pressure tanks. Tank deterioration was so bad that the City decided to install a conventional gravity -type water filtration plant and a surface water intake rather than rehabilitate the iron removal plant. Since the installation of the filtration plant, the Ranney Collectors have been maintained as a standby source. As was the case at SCPUD, Anacortes experienced a similar problem with the growth of iron bacteria in the laterals in 1961. Treatment was the same as that used at SCPUD, consisting of backwashing the laterals with a high concentration chlorine solution. Director of Public Works City of Port Angeles March 5, 1976 Page 6 Because of the excellent quality of water at the Elwha River site (total dissolved solids of only 63 mg. /1. and total iron of only 0.04 mg. /1.), it is concluded that loss of capacity, due to either incrustation or the growth of iron bacteria, will not occur at the City of Port Angeles' proposed Ranney Collectors. With respect to performance guaranty, these have generally taken the form given on pages 9 and 10 of our Proposed Standard Specifications, a copy of which is enclosed. If you have any questions or need additional information, we will be pleased to meet with you and /or your consulting engineers to discuss this proposed project in further detail. Very truly yours, RANNEY METHOD WESTERN CORPORATION FM /r cc: D. Collins Martin, CH2M /HILL encl. Frederick C. Mikels, P.E. President Chief Engineer Mr. Hal Puddy, City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Mr. Puddy: UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY Water Resources Division 1305 Tacoma Avenue South Tacoma, Washington 98402 We estimate that our operation costs during 1976 to June 30, 1977 for the stream gaging Creek will be $2,330. One -half this amount by the Geological Survey, making your share which includes $80 for direct services. ncerely yours, cc: Subdistrict Chief, WRD, Tacoma, Washington hn E. McCall istrict Chief March 12, 1976 the period July 1, station on Morse will be provided of the costs $1,165 As you are probably aware, the Federal fiscal year has been changed by Congress to run from October to September instead of July to June. This change will become effective on October 1, 1976 when the Federal 1977 fiscal year will begin. The period July 1, 1976 September 30, 1976 (first three months of your fiscal year) will be a separate accounting period for us. We will have to close our books on September 30, 1976 so you will be billed for this three month period separately. Your share of the cost for this period will be $270 which includes $20 for direct services. It would simplify the accounting and bookkeeping in the future if we could extend our existing cooperative agreement to cover the next 15 -month period (July 1,, 1976 September 30, 1977) rather than just the next 12 months. We hope to explore this possibility at our meeting with you this spring. In anticipation, we have computed the 15 -month cost figures. Your share of the cost of the program for this period would be $1,460 which includes $100 for direct services. We look forward to meeting with you and will contact you shortly to make arrangements. �l Suite 202, Lincoln Building GM-WV, TAYLOR, aggl*INNIVT TAYLOR City Arco wv 7( Nc 5.5c OFFICE OF CITY ATTORNEY February 27, 1976 "Violations- Injunctions and legal proceedings authorized. The director may bring an action to enjoin a violation or the threatened violation of any of the provisions the public health laws of this state or any rules or regulation made by the state board of health or the health department pursuant to said laws, or may bring any legal proceeding authorized by law, in- cluding but not limited to the special proceedings authorized in Title 7 RCW, in the superior court in the county in which such violation occurs or is about to occur, or in the superior court of Thurston county. Port Angeles, Washington 98362 TO: The City Council and the City Manager FROM: Stanley A. Taylor, City Attorney SUBJECT:. Procedures available to the State of Washington to enforce water standards required by the City of Port Angeles The primary State agency involved in the enforcement of water standards is the Health Services Division of the Department of Social and Health Services. The latter Department now contains within its scope the former duties and functions of the Department of Health. The specific statutory authority provision applicable to this problem reads as follows: RCW 43.20.170: The special proceedings authorized in Title 7 RCW referred to in the above section insofar as applicable to the present situation is the pro'ceeding referred to as mandamus, which is a special pro- ceeding to compel certain act: or acts to be done. It is to be noted Page #2 Memorandum to City Council of 2 -27 -76 that the action may be brought either in Clallam or Thurston County. The statutory enactment set forth above is supplemented by the following provision of the Washington Administrative Code: WAC 248 -54 -460. ALTERATIONS OR CHANGES REQUIRED. If after investigation, the secretary finds that any public water supply presents an actual or potential hazard to health because of failure to comply with the law or these rules and regulations or because of'defective design or construction, lack of treatment, inadequate quantity or quality, incompetent supervision or ineffective operation, the secretary shall issue an order notifying the purveyor of the changes in the construction, maintenance or operation considered necessary in order to bring the system into compliance with the law and the rules and regulations, and the time within which the required changes shall be made. In the event the purveyor fails to comply with the order of the secretary, the secretary shall take such legal action as is deemed necessary under RCW 43.20.170 to secure compliance with his order." The secretary referred to in the Washington Administrative Code section is the secretary of the Department of Social and Health Services. What we can anticipate then in the situation facing the City concerning its water supply is an action instituted against the City by the State through the Attorney General's Office asking the superior court to require the City to take the necessary steps to improve its water system to the point where the water supplied through the system meets the standards established by the Department of Social and Health Services. Page #3 Memorandum to City Council of 2 -27 -76 The only defense that the City would have to such a suit is either (1) the City is unable to meet the requirements, and the only basis for this would be an economic one, i.e., the City cannot finance the changes necessary to meet the requirements, or (2) the requirements themselves are improper. If the City should take the first position the Council is faced with the answer that sub- stantial matching funds are available. If the City relies on the second position, it would be required to establish through expert testimony that the State's standards of water quality are not valid. I do not know at this time whether it is possible to obtain an expert or experts that would support this position. If the State brings the action referred to above and which they are now threatening, and obtain a court order requiring the City to proceed to meet the requirements, the court would not,in my opinion, attempt to lay down or establish the details as to what the City must do to meet the required standards but would leave this to the judgment of the City Council. This then would leave the City Council just where it is now insofar as making a choice as to the selection of a method, i.e. improve the Morse Creek System or go to the Elwha. The only problem that would be eliminated is that the City Council would no longer have a choice as to whether it was going to upgrade the water system or not. Whether it has a choice now is of course debatable! If the superior court decided in favor of the State's position, Page #4 Memorandum to City Counc.1_1 of 2 -27 -76 the City always has a right of appeal to the Court of Appeals and /or the State Supreme Court. SAT:jc Stanley A. Taylor RE MY TO M/S 429 U.S. ENVIRONMENTAL PROTECTION AGENCY REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 Honorable Mayor and Members of the City Council City of Port Angeles 140 W. Front Street Port Angeles, Washington 98362 Dear Mayor and Council Members: FEB 13 1976 A "Report of Water Supply Used on Interstate Carriers" for the City of Port Angeles water system has been received from the Washington State Department of Social and Health Services. This report documents the system failed the bacteriological quality criteria of the 1962 Public Health Service Drinking Water Standards during October and November 1975 and did not submit the required minimum number of 20 bacteriological sam- ples per month during February, April, May, August, and October 1975. In addition, high turbidity levels which interfere with the disinfection process continue to exceed the turbidity standard on a frequent basis. As a result of the noted deficiencies and in accordance with the recommendation of the State Department of Social and Health Services, I have downgraded the City of Port Angeles water supply classification from "Provisionally Approved" to "Use Prohibited" for interstate carrier use. Future classifications of the City of Port Angeles water supply system for interstate carrier use will be dependent upon the City's com- mitments for correcting the noted deficiencies, implementation of interim measures as outlined in the State's letter to you of March 31, 1975 and records showing at least three months of water quality meeting the stand- ards. When documentation of these commitments and water quality improve- ments is received from the Department of Social and Health Services, we will again evaluate the acceptability of the City of Port Angeles water supply for use by interstate carriers. ;c /7. 5.560 Should you have questions concerning this classification action please contact the State Department of Social and Health Services or William A. Mullen at (206) 442 -1223. Enclosure cc: Office of Water Supply, Wash.,D.C. (w /copy of 7500 -12) FDA -ITS, Seattle, Washington WSDSHS, Seattle Olympia (w /copy of 7500 -12) 3 Cliffof0 V. Smith, Jr., Ph.D., P.E. Regional Administrator Honorable Mayor and Council City of Port Angeles 140 W. Front Street Port Angeles, Washington 98362 Gentlemen: MDS:par Enclosure cc: Olympic Health District February 6, 1976 Sincerely, Mark D. Spahr, P.E. District Engineer HEALTH SERVICES DIVISION John A Beare M n Oirrctn! P 0 E3ox 1 788, Olympia WA 98501 Subject: Interstate Carrier Rating, City of Port Angeles a/aa.D.4:9417/1-- State of \V )LJ )ing c>n [k1)dI il) (.»1 of Soci<dI&l Servic is Enclosed is a copy of the Annual Report for the Port Angeles water system which this Office recently submitted to the Environmental Protection Agency (EPA). This report is required for all water supplies which serve water to carriers engaged in interstate commerce. Please note that a "Prohibited" Classification has been recommended until a minimum of three months of satisfactory bacteriological tests have been obtained. The City should receive official notification of this classification in the near future from the EPA. This classification means that the water supply is not considered capable of consistently delivering safe quality water and that interstate carriers may not use the water system. This classification must be assigned when- ever water quality fails to comply with the bacteriological section of the Drinking Water Standards for two or more months during any 12 month report- ing period. The City failed to meet the bacteriological standard during October and November of 1975, hence, the prohibited classification was as- signed. If you should have any questions regarding the data on the enclosed report, we would be pleased to discuss it with yogi. 11 Minimum Numuor of Sifi llos Ri•durred N,trno of Laboratory Submitting Per Month Bacteriological Data Washington State Department MO. 1R. 0 of Social and Health Services TUBE METHOD 0 10 ML. OR 100 ML. STANDAP.D PORTIONS MONTH NUMBER "t'l MONTH SAMPLES HAVING AND OF NUMBER NUMBER %e 3 or MORE 10 ML. i AND YEAR SAMPLES OF POSITIVE POSITIVE 00 5 100 ht L. t YEAR TUBES TUBES, TUBES 1 7 1 1211 J1 ol571 Il U 111 010 2 11. 915 1 r0 101010 3 7 5 13 1 ,115 1_ I_ O 0±(x!01 4 7_,_5_1 i1 9151 1 1 0 10 0,ojol _5 7 1191! 915111 k 1110101 6 71_5 14 31 12 11/ 1 0 10 7 7 5__12 19 11 415 1 1 6 14 0111 7 5 11 15 _1 7 1 1 2 2! a 61_ 9 7 5 12121 11 110 j 0 ;0!0101 1 0 7 5 1 '1 9 1 1 9 151 1 1 100 10 0 151 1 1 7 5 1 13 '0 1 111510 1 i 13 1 81 0 ;71 112 7 5 1 13 15 1 1117151 1 1 :2 hz '91 3= TUBES POSITIVE NUMBER POSITIVE '1 MO. 1 YR. C° i ,010±00 ,0 101011. 0 1 0 ;o i0li 1 1 Ci,w3 i0 ie 10 I 1 o10i 1 1 jC; 3 i0 12. Comments, changes in supply and treatment, deficiencies use additional sheet if necessary. See attached sheet. CLASSIFICATION RECOMMENDED BY (Name and Titiel AGENCY Department of Social DATE MO. DAY YR, Mark D. Spahr, District Engineer and Health Services 1 1 1 1 1 1 7 I6 CLASSIFICATIONS 1 Approved 2 Provisionally Approvod DATE OF REVIEW MO. DAY YR. rnl r2 1 F CPO 1 3 Prohibited 4 Deleted CLASSIFICATION CLASSIFICATION RECOMMENDED 131 ASSIGNED t BY EPA 21 1 2 3 Opr. Cart. By Ity 0: 1 1 0 1© 10 1L1 13 10 14„ or 1 :0'010 0 0 ;010 10 1 0 1511 Date of Cortifrcatron MO, DAY n 121!�01 11111 CI 111111111 IDIL111 1 11 1 1 11 NUMBER OF SAMPLES YR. 7 MEMBRANE FILTER ME111O1) MEAN C011FORM DENSITY PER 100 ML.® Tho reasons for provisionally approved or prohibited are deficiencies in: (Answer each block) (1= Yes. 2 No) Wator Quality Beet. Monitoring I �J Facilities n Oporation r21 No current report. SIG OF STALE OFFICIAL TITLE AND AGENCY Mark D. Spahr Laboratory Operated Cy 1 Slain 2 Water Supply 3 (hi n Hoofth 4 Privntn 5 Other Certified l 1 Hate 2 1PA 3 Not Certified MO, DAY District Engineer, _1)SIIS L•AMI'I ES HAVING (1 01100'.1 orr,s- ill', EXCEEDING 3/N0, 4 /100, 7/200, 11/500 MLS (T NIIMII(11 POSITIVI 1!1 EXPI9ATION DATE (If nrovisionaiiy appi� (RACK) YR. Footnotes 5 Soo Figuro 1, PHS Drinking Water Standards (1962), 6 Any member of the colifonn group of bacteria. 7 Should not exceed 10%• por month, if 10 ml. portions are used, c 60% if 100 nil. portions are used. 6 11 10 nil. portions aro usod, should not exceed 5 in 20 or moro samples Por month nor one sample in Iola than 20 Per Month, i) 100 mi. portion,, aro used. should not oxcond 20;. in 5 or more samples nor month nor ono sample in Inss than 5 Per month. 9 lho arahmatic moans density of all standard samples per month shall not uxcootl 1 por 100 ml. 10 Should not exceed 5°. in 20 or more samples per month, nor 1 sample in loss thou 20 Per month. 2. Water Supply Official Contactod (N..me and Title) Paul Reed, Asst. Public Works Dir (stole) Washington 3. Date of latest field survey made by state 5. Population served by distribution system 8. Treatmont used (1 =Yes, 2 =No) lJ Disinfection Coagulation LJ El e El e Color (15 For use of EPA Regional Office Lime Softening Date of most recant Analyses: Arsenic (0.05) Barium (1.0) Cadmium (G.01) Chloride 1260) Chromium (Cr Copper (1) Cyanide (0.2) Fluoride ABS (0.6) Iron (0.3) Lead (0.05) Manganese (0.06) MOrcury r 1 1 111611 1010 (0.05) e B. Is thorn a continuous distribution system" 10 REPORT OF WATER SUPPLY USED UN INTERSTATE CARRIERS 1. Name of writer supply facility City of Port Angeles Location (crr)Port Angeles MO. 1 121 Ion Exchange C 9. Local Water Supply Program (1 =Yes, 2=No) A. Does the community have an adequate plumbing code, such as the National Plumbing Code, or are there rules and regulations to prohibit cross connections? C. If there is a program such as described in "B above, are sanitary defects and health hazards being removed systematically and at a rata which is satisfactory? D. Is a minimum working pressure of 20 psi continuously maintained in all parts of the distribution system? E: Are all distribution reservoirs covered? 131 F. Is the water flowing from all uncovered reservoirs to the distribution system rechlorinated? (A free chlorine residual of 0.4 nigh UJ for 30 minutes or a chloramtne residual of 2.0 mg /1 for 2 hours prior to delivery to the first customer.) G. Are the principal plant operators certified or licensed under a state program' 10. Result of most recent analyses IA blank Indicates no report). MO. 0 0 0 0 0 o102 0 O 10;0 0 PHYSICAL 0 e.u.) (Mex. this report period) Odor (3 S.U.) (Max. this toport period) Turbidity (5 S•U.) (Max. this report paned) Av. Air lamp. ('F)® DAY YR, 1 75 Rapid Sand Filtration Settling cross connection control program to detect health hazards and sanitary defects within the water DAY YR. 1 1 J1 12111 17141 CHEMICAL (MG /L) 2 0 0 o 010 5 Nitrate (NO3)(45) o 0 5 0_ 0 _2 0 o 1 01025 0 o 9 5 CCE (0.2) CAE Selenium (0.01) Salvor (0.05) Sodium Sulfate (250) Zinc (5) Alkalinity (as Hardness (ns pH TDS (5001 0 3 0 0 0 5 CaCO CaCO 4. Data of latest EPA -STATE Joint Survey 6. OWNERSHIP 1= Public L 2= Privet° ig Sample Location How often are chemical analyses made? Annually Pesticide? Organics Corbon absorbable: 1 1 1 111a 1 r 001NOTES: 1 List from whom water is purchased in Item 12. 2 Limits in parenthesis Item 1762 P)(S Drank ni Wofer Standards. 1 Limits in pairntheses from E )'A Mon (or Lva Iva hog Public Drinking Water Supplies. 4 Maximum doily air temperaturn 0.ernga for at 'cost 5 yours. CPA Ferm 7500 -12 (12 -24) tit tit.ACCS t IPA FOn0.1 1021CINI(HEV. 10 72) WHICH Fluoridation Iron Removal City Hall SR 90 ;10pC, /L) R4 (3pCi /L) Gr. Bata 11000 pCi /t) Gr. Alpha Tritium 1 O 0 0 5 Endrin (1) O 0 0 Heptachlor (18) Heptachlor Epoxide (18 S �.J O Lindano (56) 7 7 Mothoxchlor (36) O Toxopheno (6) 0 Total orgonophorous and 7 o 2 coraamotc compounds 1101.) 5 i o 14 onsoLE1C 1 (count Clallam (zip code) 98362 1 171 21 •17 12_! 7. NUMBER OF SOURCES Surface Q Ground Purchased (D Testa and Odor Control Physical? Annuallylladiochemical? PESTICIDE 1 Aldrtn (17) Chlordane (3) DDT (42) Dioldrin (17) RADIOCHEMICAL 0 MO. Other (If yes. describe under 12) OMB Na. 158 -10118 DAY YR (PPB) O 0 0 0 0 O O 0 O :ITY OF PORT ANGELES In April, 1975, the City 0: Port Angeles was assigned a Provisionally Approved Classification which expi =.ced on September 30, 1975. This classification was assigned with five specific conditions which dealt with operation during per- iods of high turbidity, collection of bacteriological samples and the need to make progress towards resolving the water quality issues that have been repeat- edly pointed out to the City Subsequent to the Provisional Classification, the City has: 1. Failed to collect the required minimum number of finished water bacterio- logical samples during five months of 1975.. The minimum number of distri- bution samples is 20 per month, excluding resamples. 2. Failed to meet the finished water bacteriological standard for two months during 1975. 3. Failed to take meaningful action which will lead to resolution of the exist- ing water quality problems. Copies of turbidimeter readings from the Morse Creek diversion, Peabody Heights Reservoir, and from various locations in the distribution system are attached. By evaluating these deficiencies with the Interstate Carrier guidelines, this Agency must recommend that the City be assigned a "Prohibited" classification until at least three consecutive months of finished water samples conform with the Drinking Water Standards. TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: WATER QUALITY PROBLEM 6 DATE: FEBRUARY 11, 1976 O After reviewing all elements of the water quality problem, I do not think we have any other viable alternative besides going to the Elwha River as a source of supply. If we can secure grants to cover a substantial portion of the cost, then we should begin development immediately which would probably mean actual construc- tion in the 1978 construction season. If grants are not available, then we might want to consider delaying the situation until the water system is in better financial condition. As the attached letter from DSHS indicates, they would like some sort of commitment by February 20, 1976. The second letter, on our letterhead, is my proposed answer if the City Council gives their approval. The third letter is from Mark Spahr and is for informational purposes only. The conclusion that we do not possess any other viable alternatives was reluctant but inescapable after reviewing the alternatives For your benefit I will briefly review the alternatives. A. Packaged Filter Plant The idea here was to develop a smaller filter plant with relatively low capacity which in conjunction with increased storage would serve to meet our needs A filter plant capable of supplying 3.6 MGD would cost 1.4 million dollars. Along with the cost is the question of how effective such a plant would be since the PUD appears to have serious problems at times with theirs. B. Settling Basin A settling basin on Morse Creek is not considered a viable alternative because glacial flour, once it is suspended in water, takes several months to settle out. It might be effective at times; however, with these new federal standards of I JTU coming in 1977, there is no way a settling basin could meet our needs. C. Wells They were explored in the 1973 study with the major problem being one of their capability to supply enough water. With only 3 MGD being available and our demand being around 4.5 MGD, I think wells must be dropped from consideration. D. Elwha River The Ranney Collector ystem would give good quality water, our water rights of 30 MGD would meet our needs for the foreseeable future and a relatively reasonable cost of approximately 3.5 million dollars make this the most viable alternative. E. No Action This alternative would take the position that our water supply is good and that no action toward major improvements should be undertaken. At times this is the most appealing as none of us enjoy taking orders from Olympia or Washington. However, even if we were successful in winning the first round or two, the State and the EPA would continue appealing until they received a favorable decision. Nor do I look for any help from Congress because it is my understanding that this Act received better than 90% votes in both Houses. In some respects we are seeing a more con- servative trend in Congress. The pendulum is swinging the other way but, unfortunately, it never seems to go totally back to the starting point. In other words, the base from which we judge the movement of the pendulum has moved to a more liberal position, i e very few liberal Acts are repealed when a more conservative trend develops. Therefore, from a pragmatic point of view, a two or three year court fight would be a total waste of taxpayer's money. `r I realize a decision to develop the Elwha River as a :.:y:.;rce of supply might upset some people, but if the people were informed of the al: latives, I am sure they would agree with the decision. Therefore, it will take a effort to educate the people but it is something that will have to be done. Water meters are n of going to be popular; however, with over 99% of the cities in this country using water meters, I do not think it will create some of the problems that have been brought out. Those who conserve water can still enjoy a garden and a lawn; those who waste water by letting it run down the street will pay a stiff penalty. Again, I do not think we have any viable alternatives; therefore, it is my recommendation that I be authorized to send the letter to Ken Merry of DSHS and I be directed to apply for Ref. 27 and EDA grants to pay for a portion of the system. During the work session on the 27th, I was directed to contact the Clallam County PUD, Black Diamond Water System and the Dry Creek Water Company about developing a regional water system. I met briefly with all three agencies and each one expressed an interest in studying it further. I did not try to go into too much detail as I was simply seeking an expression of interest. They were told the City was not interested in taking over their systems but simply for a financial commitment we would give them so many MGD. The financial commitment would have to cover both operating and capital costs of the system. I think they could be included in the water system without too much trouble and if the City Council decides to go to the Elwha, I would recommend that these three agencies be allowed to participate. One problem Black Diamond indicated was that they need a source of supply this summer; that they could not wait until construction was completed. So authorization to develop a regional system would also include authorization to supply water to them this summer. We may have trouble supplying them during periods of peak demands but I think we can squeeze through with water conservation on everyone's part. Since I think we are going to water meters and there are periods in the summer when we need to conserve water, I am recommending that beginning March 1, 1976,. all new houses and /or subdivisions be required to install water meters. It makes a great deal of economic sense to install the meter when the connection is made to the house. Therefore, the expense of digging twice is avoided. Secondly, at a new KSW :mak house with a lawn being planted, it requires a great deal more water than for a regular lawn; therefore, the owner would not be inclined to waste it if he was on a meter. To sum up this memo, I would recommend that the City Cbuncil approve the following three proposals: 1. Authorize staff to develop Elwha River as a source of supply. 2. Develop it as a regional system in conjunction with Black Diamond, Dry Creek and the PUD, and 3. That the City Council establish a requirement of water meters on all new houses after March 1, 19 76 Kenneth S. Whorton City Manager Mr. Kenneth J: Merry, P. E. F.uperviscr of Operations Department of octal Health Services P. O. Box 1788 Olympia, Washington 98504 Dear Mr. Merry: February 6, 1 976 On behalf of the City of Port "ngeles I would like to thank you, Mr. Wubbena and Mr. Spahr, fcr attending tt work: session on January 27, 1976. I thought the dis- cussion was quite frank and enlightening in its content. After considering the discussion on the 27th and your letter of February 2, 1976, the City Council has directed me to begin the preliminary steps of developing a project to change cur source of water supply from Morse Creek to the Elwha River. Kowever, it must be clearly understood that this acceptance of the Eiwha River alternative is conditioned upcn the establishment of a viable financial arrangement. To this end, my staff and I will move to compile the necessary grant applications within the next few weeks. Any help you can give us in this endeavor would be appreciated. Our concern for a viable financial arrangement stems from the fact that we do not want to be forced into the position of having to establish exorbitant fees to pay for these itnprovements. We realize that the installation of rater meters to conserve water will be an integral part of the program but we do not want to reps at the mistakes made in other communities. Therefore, we want to develop a gradual program of water conservation over a period of years. Preliminary discussions with Clallam County PUD, Black Diamond Water System and. Dry Creek Water System have all indicated an interest in a regional approach. How- ever, I would have to ac;ree with you, in that I see no reason for these discussions to delay the development of the project. There is no problem in this regard since it can be done concurrently with the development of the plans. If you need any further information on this program, please do not hesitate to call me. VS\N•mak Sincerely, Kenneth S Whorton C';it�r..t\,4anarrar Mr. Kenneth S. Whorton City Manager 140 West Front Street Port Angeles, Washington 98362 Dear Mr. Whorton: February 2, 1976 HEAl.1H SERVICES DI"ISIGN John A Belie A.+ D Dornc.'' P 0 Box 1 7138 0Iy-rnnia V'A °fi ;01 FL x3 )(11'1.111('1 if 1 1S0( 1(11&1 k'�tll�1 n i Y t O (7('r\ 1C'('s f Of;f f \N -I Re: Port Angeles Municipal Water Supply We appreciated having the opportunity to meet once again with you and the Council last week to review the water supply issue. I hope we succeeded in conveying the message that further delay on the part of the City in moving to resolve this serious problem is unacceptable to this Department. The water quality data recently obtained from the system only serves to emphasize the gravity of the situation. It is our position that if the City fails to commit itself to an ac- ceptable water supply improvement program, we will have no choice but to initiate legal action to compel the required improvements. We are requesting written response from the City no later than Friday, February 20. Subsequent action by this agency will be dictated by the nature of the City's response. The solution to the water quality problem which was identified in your consultant's report is acceptable to this agency and appears to be the best of the available alternatives. We are hopeful that the City will tell us in their written response that the Council has resolved to move ahead with the Elwa project with all possible speed. If so, I can assure you that we will do everything we can to assist in securing project financing and in expediting the project. A final point regarding regional considerations should be mentioned. Although we support and encourage regional solutions to water supply problems, we can see no valid reason for such coordination activities to delay the Elwa project. According to the consultant's analysis, Certified #054125 se Mr. Kenneth S. Whorton Page 2 February 2, 1976 the excess capacity which should be designed into the project would be more than adequate to satisfy any conceivable projected needs of the smaller systems in the area as well as the City of Port Angeles. For this reason we would not be receptive to any suggested postpone- ment of a commitment by the City upon the basis that additional time is required to work on interutility coordination. KJM:vm nneth Merry, P Supervis r of Oper: ions cc: John A. Beare, M.D., Director James Humphrey, Assistant Attorney General AT Oh M/S 429 U.S. ENVIRONMENTAL PROTECTION AGENCY REGION X 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 Honorable Mayor and Members of the City Council City of Port Angeles 140 W. Front Street Port Angeles, Washington 98362 Dear Mayor and Council Members: FEB 13 1976 A "Report of Water Supply Used on Interstate Carriers" for the City of Port Angeles water system has been received from the Washington State Department of Social and Health Services. This report documents the system failed the bacteriological quality criteria of the 1962 Public Health Service Drinking Water Standards during October and November 1975 and did not submit the required minimum number of 20 bacteriological sam- ples per month during February, April, May, August, and October 1975. In addition, high turbidity levels which interfere with the disinfection process continue to exceed the turbidity standard on a frequent basis. As a result of the noted deficiencies and in accordance with the recommendation of the State Department of Social and Health Services, I have downgraded the City of Port Angeles water supply classification from "Provisionally Approved" to "Use Prohibited" for interstate carrier use. Future classifications of the City of Port Angeles water supply system for interstate carrier use will be dependent upon the City's com- mitments for correcting the noted deficiencies, implementation of interim measures as outlined in the State's letter to you of March 31, 1975 and records showing at least three months of water quality meeting the stand- ards. When documentation of these commitments and water quality improve- ments is received from the Department of Social and Health Services, we will again evaluate the acceptability of the City of Port Angeles water supply for use by interstate carriers. 5 SG 3 Should you have questions concerning this classification action please contact the State Department of Social and Health Services or William A. Mullen at (206) 442 -1223. Enclosure cc: Office of Water Supply, Wash.,D.C. (W /copy of 7500 -12) FDA -ITS, Seattle, Washington WSDSHS, Seattle Olympia (w /copy of 7500 -12) e Cliffo d V. Smith, Jr., Ph.D., P.E. Regional Administrator ti W at A 0 Mr. Hal Puddy, City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Mr. Puddy: 12047300 Morse Cr. nr Port Angeles Enclosure GEOLOGICAL SURVEY Water Resources Division° 1305 Tacoma Avenue South\,\ Tacoma, Washington 98402 UNITED STATES DEPARTMENT OF THE INTER OR 4L6 Enclosed for your information are copies of the primary computation sheets giving provisional data for the following station as indicated: Station No. Name Period of record 10/15 1/20/76 Sincerely yours, M. B. Miles Assistant Subdistrict Chief UNITED STATES DEPARTMENT OF INTERIOR GEOLOGICAL SURVEY WATER RESOURCES DIVISION PRIMARY COMPUTATION OF GAGE HEIGHTS AND DISCHARGE 12047300 DATA PROCESSED 01 -29 •76 MORSE CREEK NEAR PORT ANGELES, WASH. USE RT 07 10 -15 -2.11 (1245) 10 -21 3.11 (0015) 10 -22 2.92 (0015) 10 -23 2.73 (0015) 10 •24 2.62 (0015) 10 -25 2.83 (1800) 2.02 2.13 2.14 60 (1330) 2.91 3.00 3.01 188 (2215) 2.73 2.83 2.83 155 (2200) 2.62 2.67 2.67 130 (2330) 2.54 2.58 2.58 115 (1900) 2.53 2.66 2.66 128 (0115) S.56 DIST 53 PROVISIONAL DATA FOR WATER YEAR ENDING SEPT. 30, 1976 TEST DIFF 0.3 PUNCH INT 15 MIN STORE PARM 00060, STATISTIC 00003 PARM 00065, STATISTIC 00003 DATE MAX GH MIN GH MEAN EAUIV MEAN SHIFT AT DATUM AT STAGE, IN HUNDREDTHS OF FEET, AT INDICATED HOURS (TIME) (TIME) GH GH DISCH ADJ HR CORR HR 1 2 3 4 5 6 7 8 9 10 11 12 AM PM 211 206 202 204 202 202 204 204 204 205 206 206 10 -16 2.35 1.97 2.08 2.09 55 AM 204 206 204 204 204 205 206 208 198 200 204 205 (2400) (0830) PM 209 210 206 206 206 209 211 215 220 221 225 235 10 -17 4.98 2.40 4.48 4.58 689 AM 259 329 376 408 431 454 479 494 494 489 482 475 (1900) (0015) PM 465 464 460 461 466 482 498 485 483 490 480 466 10 -18 4.67 3.64 4.07 4.10 491 AM 458 454 446 444 440 434 428 424 417 413 408 405 (0015) (2315) PM 400 396 392 389 384 379 376 373 370 367 365 364 10 -19 3.97 3.63 3.79 3.79 387 AM 364 367 372 377 386 386 381 378 375 376 384 388 (1345) (2345) PM 392 397 394 390 386 382 378 374 371 369 366 364 10 -20 3.63 3.12 3.35 3.35 267 AM 361 359 356 355 352 350 348 346 338 335 334 331 (0015) (2400) PM 329 328 326 324 323 320 319 317 316 315 313 312 AM 311 310 309 308 308 307 305 305 304 302 301 299 PM 298 297 297 296 295 295 295 293 292 292 292 292 AM 291 290 291 291 290 289 289 287 284 283 281 281 PM 281 280 280 280 280 279 276 276 275 273 274 273 AM 272 272 272 272 272 271 271 270 269 267 267 266 PM 265 266 265 265 265 265 265 263 264 264 263 262 AM 261 261 261 261 260 260 259 259 259 258 259 258 PM 258 257 257 257 257 255 254 254 255 254 255 254 AM 254 254 255 255 255 256 256 258 260 263 267 265 PM 265 268 274 273 279 283 281 278 276 274 272 271 10 -26 2.71 2.53 2.60 2.60 119 AM 269 268 267 266 265 265 264 263 263 263 253 255 (0015) (1100) PM 254 255 255 254 254 255 254 255 257 258 259 260 10 -27 2.60 2.50 2.54 2.54 110 AM 259 257 256 256 257 257 257 257 257 256 253 253 (0015) (2045) PM 253 253 253 253 252 251 251 251 251 250 250 250 10 •28 2.51 2.46 2.49 2.49 102 AM 250 24.9 250 250 251 250 250 251 248 248 248 248 (0500) (1700) PM 248 248 248 248 246 247 246 246 246 247 249 250 10 -29 4.17 2.50 3.42 3.53 313 AM 250 252 254 257 263 271 280 288 295 312 335 364 (2030) (0015) PM 386 397 400 401 402 406 410 416 416 413 409 405 10 -30 4.03 3.25 3.60 3.62 336 AM 401 396 393 388 382 379 375 371 368 364 361 358 (0015) (2345) PM 355 352 348 346 342 339 337 333 331 329 327 325 10 -31 3.24 2.89 3.06 3.06 200 AM 323 321 319 318 316 315 313 312 310 309 307 305 (0015) (2300) PM 306 304 303 302 300 293 293 292 292 291 289 289 MONTH 152 11 -01 3.05 2.82 2.94 2.94 175 AM 289 288 289 290 294 300 304 305 302 299 297 302 (0730) (2315) PM 298 299 297 296 295 294 286 285 285 284 283 283 11 •02 3.23 2.79 3.01 3.02 191 AM 282 281 281 280 279 279 283 284 289 294 295 301 (2345) (0345) PM 312 321 322 320 317 316 316 316 317 317 321 323 11 -03 3.25 3.11 3.19 3.19 228 AM 325 324 324 323 322 322 321 320 319 319 317 316 (0045) (1830) PM 317 317 317 316 317 312 312 312 315 319 319 319 11 -04 3.28 3.20 3.25 3.25 242 AM 320 320 321 321 322 323 323 325 326 326 327 326 (1415) (0015) PM 327 327 327 327 328 327 327 327 324 325 325 322 11 -05 3.57 3.19 3.32 3.32 259 AM 324 323 323 323 322 321 320 320 319 319 320 326 (1515) (0815) PM 332 344 356 354 353 348 343 340 337 334 333 323 UNITED STATES DEPARTMENT OF INTERIOR GEOLOGICAL SURVEY WATER RESOURCES DIVISION PRIMARY COMPUTATION OF GAGE HEIGHTS AND DISCHARGE 12047300 DATA PROCESSED 01 -29 -76 MORSE CREEK NEAR PORT ANGELES, WASH. USE RT 07 DIST 53 PROVISIONAL DATA FOR WATER YEAR ENDING SEPT. 30, 1976 TEST DIFF 0.3 PUNCH INT 15 MIN STORE PARM 00060, STATISTIC 00003 PARM 00065, STATISTIC 00003 DATE MAX GH MIN GH MEAN EOUIV MEAN SHIFT AT DATUM AT STAGE, IN HUNDREDTHS OF FEET, AT INDICATED HOURS (TIME) (TIME) GH GH DISCH ADJ HR CORR HR 1 2 3 4 5 6 7 8 9 10 11 12 11 -06 3.36 3.15 3.25 3.25 242 (1800) (0630) 11 -07 3.57 3.35 3.49 3.49 302 (1600) (0015) 11 -08 3.46 3.26 3.39 3.39 277 (0015) (2330) 11 -09 3.26 2.98 3.11 3.11 209 (0015) (2315) 11 -10 2.99 2.83 2.91 2.91 171 (0015) (2215) AM 322 321 319 318 317 316 315 316 317 320 323 323 PM 323 323 324 327 331 336 336 333 334 333 334 335 AM 336 336 338 338 338 341 347 349 354 354 355 350 PM 351 353 356 357 356 357 356 355 353 352 349 347 AM 346 343 343 342 344 344 343 342 342 339 341 341 PM 339 338 339 338 336 335 335 333. 332 329 327 327 AM 325 323 321 319 318 317 315 314 312 312 311 309 PM 309 308 307 307 306 304 303 302 301 300 299 299 AM 298 298 297 296 297 297 297 297 _296 295 295 293 PM 291 288 289 287 287 286 286 285 284 284 283 283 11 -11 2.83 2.73 2.78 2.78 146 AM 283 282 282 281 281 280 279 278 277 277 277 276 (0015) (2245) PM 276 275 276 276 277 276 275 276 276 275 275 274 11-12 2.77 2.71 2'.74 2.74 140 AM 275 274 274 274 274 273 272 273 273 273 273 272 (2100) (1245) PM 273 272 273 273 274 275 275 276 277 276 276 277 11 -13 4.19 2.77 3.19 3.25 244 AM, 277 278 278 279 280 281 283 284 286 287 289 291 (2400) (0015) PM 294 297 306 319 341 370 387 391 394 402 408 419 11 -14 5.15 4.24 4.82 4.83 818 AM 447 480 491 497 497 497 492 492 492 491 493 491 (2400) (0015) PM 489 483 479 474 471 467 467 466 470 483 491 515 A 11 -15 6.85 5.27 5.96 5.99 1700 AM 589 635 673 680 654 635 617 606 582 578 578 578 (0415) (0015) PM 578 578 578 578 578 578 578 578 578 578 578 578 11 -16 5.78 5.78 5.78 5.78 1500 AM 578 578 578 578 578 578 578 578 578 578 578 578 (0015) (0015) PM 578 578 578 578 578 578 578 578 578 578 578 573 11 -17 5.78 5.77 5.78 5.78 1500 AM 578 578 578 578 578 578 578 578 578 578 578 578 (0015) (1745) PM 578 578 578 578 578 577 577 577 577 577 577 577 11 -18 5.77 5.73 5,76 5.76 1480 AM 577 577 577 577 577 577 577 577 577 577 577 577 (0015) (1730) PM 577 577 577 577 577 573 573 573 573 573 573 573 AR 11 -19 9.09 5.73 6.73 6.73 AM 573 573 573 573 573 573 573 573 573 573 573 573 (1715) (0015) PM 590 590 590 590 590 909 909 909 909 909 909 909 R 11 -20 9.09 2.98 6.56 6.56 AM 909 909 909 909 909 909 909 909 909 909 909 909 (0015) (2345) PM 909 909 303 303 301 301 301 300 300 300 299 298 PERIOD 9.09 1.97 NOTE. SYMBOLS USED ABOVE HAVE THE FOLLOWING MEANINGS A SUCCESSIVE ADJUSTED PUNCH READINGS DIFFER BY MORE THAN THE SPECIFIED ALLOWABLE TEST DIFFERENCE P DAILY SUMMARY IS FOR AN INCOMPLETE DAY R ONE OR MORE INPUT VALUE IS OUTSIDE THE RANGE OF THE RATING IN USE W SHIFT IS A VALUE WEIGHTED BY DISCHARGE WHERE SHIFT VARYS WITH STAGE DURING THE DAY UNIT VALUES RECORD WRITTEN UNITED STATES DEPARTMENT OF INTERIOR GEOLOGICAL WATER RESOURCES DIVISION PRIMARY COMPUTATION OF GAGE HEIGHTS AND DISCHARGE 12047300 DATA PROCESSED 01 -29 -76 MORSE CREEK NEAR PORT ANGELES, WASH. USE RT 07 11 -21 2.98 2.89 2.92 2.93 173 (0015) (2100) 11 -22 2.92 2.86 2.89 2.89 167 (1530) (0830) 11 -23 3.16 2.89 3.01 3.02 189 (2400) (0100) 11-24 3.57 3.16 3.39 3.39 279 (1330) (0015) _11 -25 3.41 3.23 3.31 3.31 256 (0015) (2000) 11 -26 3.79 3.36 3.65 3.65 345 (0315) (0015) 11 -27 3.56 3.25 3.40 3.40 279 (0015) (2315) 11 -28 3.25 3.10 3.15 3.15 220 (0015) (1815) 11 -29 3.12 2.96 3.02 3.02 190 (0100) (2300) 11 -30 3.09 2.93 2.99 3.00 186 (2230) (0945) DIST 53 PROVISIONAL DATA FOR WATER YEAR ENDING SEPT. 30, 1976 TEST DIFF 0.3 PUNCH INT 15 MIN STORE PARM 00060, STATISTIC 00003 PARM 00065, STATISTIC 00003 DATE MAX GH MIN GH MEAN EGUIV MEAN SHIFT AT DATUM AT STAGE, IN HUNDREDTHS OF FEET, AT INDICATED HOURS (TIME) (TIME) GH GH DISCH ADJ HR CORR HR 1 2 3 4 5 6 7 8 9 10 11 1? AM 297 297 296 297 296 296 296 296 295 293 292 293 PM 291 293 293 293 293 290 291 290 289 290 290 289 AM 290 290 291 290 290 290 289 288 287 286 288 289 PM 288 289 291 291 290 289 290 291 291 291 290 290 AM 289 289 289 289 290 290 292 294 297 300 302 304 PM 305 306 306 307 306 309 310 310 312 313 314 316 AM 317 317 319 320 321 324 327 331 337 345 349 354 PM 356 357 356 354 352 350 349 348 347 345 343 342 AM 341 339 339 337 335 335 333 333 332 330 330 329 PM 329 328 327 325 326 324 325 323 324 324 328 334 AM 346 364 377 379 378 378 375 373 370 367 366 365 PM 363 362 361 361 363 362 362 361 360 358 357 356 AM 355 354 353 351 350 350 349 348 346 339 338 338 PM 337 335 333 333 332 331 330 329 328 328 326 325 AM 325 323 321 321 320 319 318 .318 317 315 314 313 PM 313 312 312 312 312 311 311 310 310 311 310 311 AM 312 311 308 307 306 304 303 301 300 299 300 298 PM 300. 300 300 300 301 301 299 299 298 297 296 297 AM 296 296 296 295 295 294 294 294 294 293 294 295 PM 296 298 300 302 304 306 306 307 307 308 308 309 12 -01 3.46 3.02 3.17 3.18 225 AM 307. 303 303 302 302 302 304 306 307 311 315 318 (2400) (0345) PM 319 321 322 323 324 327 328 32.9 331 335 340 346 12 -02 6.28 3.47 4.54 4.68 738 AM 350 355 369 392 419 446 457 456 451 449 447 443 (2400) (0015) PM 441 441 443 447 456 463 478 493 525 589 617 628 12 -03 7.14 5.22 5.83 5.89 1610 AM 623 613 608 598 589 582 566 555 549 543 542 538 (2315) (1500) PM 531 526 522 525 532 549 592 624 647 683 705 712 12-.04- 7.19 4.82 5.78 5.93 1640 AM 716 719 687 680 666 650 637 628 615 598 586 543 (0200) (2400) PM 534 526 513 508 507 502 498 493 492 488 486 482 12-05 4.82 4.20 4.47 4.49 646 AM 480 475 471 467 465 461 460 455 454 451 449 445 (0015) (2400) PM 442 441 436 434 433 433 432 429 427 424 423 420 12 -06 4.20 3.83 4.01 4.01 460 AM 419 417 415 413 410 410 409 408 408 404 401 400 (0015) (2400) PM 399 398 396 395 393 392 391 389 389 386 385 383 12 -07 3.83 3.62 3.72 3.72 367 AM 383 382 381 380 378 377 376 375 373 372 372 371 (0015) (2400) PM 371 370 370 369 368 367 366 366 364 365 363 362 12-08 3.73 3.61 3.66 3.66 349 AM 362 361 362 361 362 364 365 368 370 373 372 371 (0945) (0115) PM 369 369 367 366 366 366 366 365 367 367 367 367 12 -09 3.67 3.51 3.59 3.59 328. AM 367 366 366 365 365 365 364 364 364 359 358 357 (0045) (2230) PM 356 356 355 355 354 354 354 353 352 352 351 353 12-10 3.54 3.39 3.47 3.47 298 AM 354 353 353 353 350 350 349 349 349 348 347 347 (0045) (2345) PM 347 347 345 344 344 343 343 343 342 342 342 340 12 -11 3.39 3.30 3.35 3.36 269 AM 339 339 338 338 338 338 337 338 338 334 334 334 (0015) (2300) PM 334 334 334 334 334 334 335 336 333 332 330 331 12 -12 3.30 3.21 3.25 3.25 243 AM 330 330 329 328 327 327 327 327 327 325 322 321 (0015) (1200) PM 322 322 323 323 323 322 323 322 324 324 325 323 12 -13 3.23 3.08 3.16 3.17 222 AM 321 321 323 323 323 323 322 320 318 318 317 316 DATE MAX GH MIN GH MEAN EQUIV MEAN (TIME) (TIME) GH GH DISCH (0300) (2330) 12 -14 3.08 3.04 3.06 3.06 200 (0015) (2215) _12 -_15 3.04 2.95 3.00 3.01 187 (0015) (2315) 12 -16 12 -17 12 -18 12 -19 12 -20 12 -21 12 -22 12 -23 12 -24 12 -25 12 -26 4.95 (080,0) 12 -2`7 4.53 (0015) 12 -28 3.96 (0015) 12 -29 3.98 (1630) 12 -30 3.84 (0015) 12 -31 3.64 (0015) MONTH 12047300 MORSE CREEK NEAR PORT ANGELES. WASH. PROVISIONAL DATA 2.96 (0015) 2.90 (0030) 2.88 (0045) 2.86 (1245) 2.84 (0815) 2.81 (0345) 2.78 (0745) 2.89 (2015) 3.54 (0915) 3.16 (0015) 3.42 (0015) 3.30 (0015) 3.19 (0015) 3.26 2.89 (2245) 2.83 (1500) 2.84 (2200) 2.82 (1945) 2.78 (1630) 2.76 (0900) 2.73 (1130) 2.73 (0645) 2.88 (0100) 3.03 (1300) 3.13 (0015) 3.96 (2345) 3.76 (2315) 3.63 (0915) 3.64 (2345) 3.42 (2315) 3.29 (2400) 3.18 (2045) 3.06 (1600) 3.05 UNITED STATES DEPARTMENT OF INTERIOR GEOLOGICAL SURVEY WATER RESOURCES DIVISION PRIMARY COMPUTATION OF GAGE HEIGHTS AND DISCHARGE DATA PROCESSED 01 -29-76 USE RT 07 FOR WATER YEAR ENDING SEPT. 30. 1976 TEST DIFF 0.3 PUNCH INT 15 MIN STORE PARM PARM SHIFT AT DATUM AT STAGE. IN HUNDREDTHS OF FEET. ADJ HR CORRHR 1 2 3 4 5 6 7 2.93 2.89 2.86 2.84 2.81 2.78 2.75 2.78 3.20 3.10 4.50 4.22 3.83 3.79 3.73 3.53 3.37 3.23 3.13 3.14 2.93 173 2.89 166 2.86 162 2.84 158 2.81 152 2.78 147 2.75 142 2.78 148 3.21 234 3.10 209 4.57 687 4.22 537 3.83 398 3.79 387 3.73 368 3.53 313 392 3.37 272 3.23 238 3.13 214 3.14 218 PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM AM PM DIST 53 00060, STATISTIC 00003 00065, STATISTIC 00003 AT INDICATED HOURS 8 9 10 11 12 315 315 315 313 313 311 312 311 311 310 310 309 308 308 307 307 307 307 307 307 306 306 306 305 306 306 307 306 305 306 306 306 306 305 305 304 304 304 304 303 302 303 303 302 304 302 300 300 300 300 300 299 299 297 298 298 297 297 296 296 296 296 295 295 295 294 294 294 294 294 294 294 292 292 292 291 291 291 291 291 290 290 289 290 290 290 290 290 290 289 290 290 290 290 290 289 288 289 283 289 289 287 288 288 288 288 288 28,7 287 287 287 287 287 287 287 287 287 286 288 287 286 287 286 286 286 285 286 286 286 284 285 285 285 285 285 285 285 285 284 285 285 285 285 284 286 285 284 283 283 284 283 283 283 283 283 283 283 283 283 283 283 283 283 283 282 284 281 279 280 280 279 280 280 279 280 279 279 279 279 279 279 280 280 280 279 278 278 277 276 277 278 278 277 278 279 278 278 277 277 277 277 277 277 277 277 277 277 276 276 277 277 278 277 275 275 275 274 274 273 274 274 274 273 274 274 274 274 273 274 274 274 275 274 274 274 274 274 274 274 274 274 274 276 278 279 283 286 288 289 289 287 289 288 289 289 289 292 297 305 328 353 353 348 347 344 339 335 332 328 325 323 321 319 317 317 316 315 313 313 312 312 311 311 310 309 309 310 309 303 305 305 308 311 310 311 311 311 311 311 312 316 325 341 374 425 468 486 495 491 490 488 486 482 478 482 481 481 479 474 471 466 461 458 455 450 448 443 441 440 436 433 430 426 424 421 418 416 414 413 411 409 407 406 403 401 400 398 396 394 393 391 389 388 387 385 383 382 381 380 379 378 379 379 379 379 379 379 378 378 377 377 376 375 374 374 373 372 371 371 364 364 364 364 368 374 386 393 396 396 394 393 390 388 385 385 383 383 381 380 379 378 376 376 374 374 373 371 371 370 369 370 371 371 370 368 367 366 366 365 364 364 363 363 362 360 358 357 356 356 355 353 354 354 351 349 349 348 347 347 347 346 346 343 342 AM 341 341 341 340 340 340 340 340 340 337 336 336 PM 335 335 336 335 335 335 334 333 332 331 330 329 AM 329 329 329 328 328 328 328 328 324 322 322 322 PM 321 321 321 321 320 319 320 320 319 319 319 318 AM 318 316 316 316 315 316 316 315 315 315 315 314 PM 312 312 311 306 310 308 310 308 308 306 307 307 AM 305 306 306 306 307 308 309 313 316 321 325 325 UNITED STATES DEPARTMENT OF INTERIOR GEOLDGICAL SURVEY WATER RESOURCES DIVISION PRIMARY COMPUTATION OF GA3E HEIGHTS AND DISCHARGE 12047300 DATA PROCESSED 01 -29-76 MORSE CREEK NEAR PORT ANGELES, WASH. USE RT 07 PROVISIONAL DATA FOR WATER YEAR ENDING SEPT. 30, 1976 TEST DIFF 0.3 PUNCH INT 15 MIN STORE PARM 00060, STATISTIC 00003 PARM 00065, STATISTIC 00003 DATE MAX GH MIN GH MEAN EOUIV MEAN SHIFT AT DATUM AT STAGE, IN HUNDREDTHS OF FEET, AT INDICATED HOURS (TIME) (TIME) GH GH DISCH ADJ HR CORR HR 1 2 3 4 5 6 7 8 9 10 11 12 (1145) (0100) _1 -05 3.11 2.98 3.04 3.04 195 (0030) (2145) DIST 53 PM 325 322 319 317 316 315 314 315 315 313 311 311 AM 310 309 308 308 306 307 307 306 305 304 304 304 PM 304 303 303 302 302 301 300 300 299 298 298 298 1-06 3.00 2.91 2.95 2.95 178 AM 298 298 297 297 296 299 300 300 295 295 295 296 (0645) (1945) PM 295 294 294 294 294 295 292 293 293 293 293 292 1 -07 2.94 2.88 2.91 2.91 170 AM 292 292 292 292 293 293 293 290 290 290 290 291 (0545) (1500) PM 292 289 288 289 289 289 291 293 292 293 293 292 1-08 2.93 2.86 2.90 2.90 168 AM 292 292 290 290 290 290 290 289 288 287 287 287 (1800) (0915) PM 288 289 289 291 290 293 293 291 290 290 290 290 1 -09 2.90 2.76 2.82 2.82 154 AM 288 289 289 287 288 287 286 287 278 277 276 277 (0015) (1100) PM 276 276 277 282 284 279 279 279 279 279 279 279 1 -10, 2.98 2.79 2.89 2.89 166 AM 280 280 280 281 281 282 282 282 284 286 288 289 (1645) (0015) PM 288 28 291 295 298 298 298 297 297 297 298 297 1 -11 2.98 2.83 2.90 2.90 168 AM 297 297 297 297 296 296 295 295 295 294 285 285 (0115) (1315) PM 284 284 284 284 284 284 285 289 291 286 286 2E36 1 -12 2.88 2.78 2.83 2.83 155 AM 286 286 286 286 287 287 288 284 284 283 283 280 (0645) (2045) PM 280 280 281 281 281 281 281 279 279 280 279 279 1 -13 2.81 2.74 2.77 2.77 145 AM 280 281 280 278 276 278 278 279 279 276 276 276 (0200) (1800) PM 275 277 276 275 275 274 276 276 276 276 277 278 1 -14 3.94 2.76 3.37 3.39 279 AM 279 279 283 290 302 320 337 348 353 352 350 348 (2400) (0130) PM 346 346 346 345 344 347 350 357 369 381 390 394 1-15 4.71 3.94 4.33 4.35 590 AM 395 398 401 402 404 406 408 411 412 416 422 430 (2030) (0015) PM 435 445 453 458 460 464 .466 470 470 470 469 469 1 -16 4.69 4.17 4.43 4.44 626 AM 467 466 464 4b2 461 458 456 454 451 448 445 444 (0015) (2400) PM 442 438 435 433 429 427 425 424 422 421 419 417 1 -17 4.17 3.76 3.97 3.98 448 AM 416 414 413 411 410 408 406 405 403 401 400 398 (0015) (2345) PM 397 395 394 389 388 387 384 383 381 379 378 376 1 -18 3.76 3.52 3.63 3.63 339 AM 375 374 372 372 370 369 368 367 365 363 362 361 (0015) (2400) PM 360 359 358 357 359 359 359 355 354 354 353 352 1 -19 3.52 3.34 3.43 3.43 288 AM 352 352 349 348 348 347 347 347 347 343 343 343 (0015) (2345) PM 342 342 342 342 339 338 338 337 337 337 337 334 1 -20 3.34 3.28 3.31 3.31 258P AM 334 333 333 333 333 333 332 330 329 329 328 329 (0015) (1100) PM 329 PERIOD 7.19 2.73 RECORDER CLOCK RUNNING 1.0 MINUTES PER DAY FAST. RECORD ADJUSTED. NOTE. SYMBOLS USED ABOVE HAVE THE FOLLOWING MEANINGS A SUCCESSIVE ADJUSTED PUNCH READINGS DIFFER BY MORE THAN THE SPECIFIED ALLOWABLE TEST DIFFERENCE p DAILY SUMMARY IS FOR AN INCOMPLETE DAY R ONE OR MORE INPUT VALUE IS OUTSIDE THE RANGE OF THE RATING IN USE W SHIFT IS A VALUE WEIGHTED BY DISCHARGE WHERE SHIFT VARYS WITH STAGE DURING THE DAY UNIT VALUES RECORD WRITTEN ORDINANCE NO. 7/ AN ORDINANCE prohibiting the installing of new taps on the City's water transmission line and further prohibiting any water user from permitting the use of water from his line by any other person or entity, without first obtaining the consent of the Water Superin- tendent of the City of Port Angeles. PASSED by the City Council of the City of Port Angeles 5.5C0 WHEREAS, control of the water system of the City of Port Angeles through its Water Department is essential to the welfare and health of the citizens of Port Angeles and others served by said water system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS: Section 1. No person, corporation or other entity shall tap into any water line operated by the City of Port Angeles, including the main line serving said City and all connections thereto without first having received the consent of the City Council of the City of Port Angeles. Section 2. No person or corporation receiving water from the water system of the City of Port Angeles shall permit any person, corporation or other entity to tap into or hook onto the line serving said per corporation or other entity without the prior written consent of the Superintendent of the Water Depart- ment of the City of Port Angeles. Section 3. Any violation of the provisions of this Ordinance shall be punished by a fine of not to exceed $500.00 or imprisonment for not to exceed six (6) months or both. approved by its Mayor at a regular meeting of the Council held on the 20th day of January, 1976. Attest: City Clerk Approved a to city Attorney/ r--_4 .gt1 ,4 1; DIAY0 R Published: t(,/5/ ,-)1/rA1 TO: MAYOR LAL COUNCIL 5.9G FROM: KENNETH S. WHORTON, CITY MANAGER SUBJECT: WA 1R SUPPLY SOURCE MEETING WITH DSHS DATE DECEMBER 31, 1975 On Thursday, December 18, 1975, Mayor Hamilton of Sequim and I met with five officials representing the Department of Social and Health Services. The five individuals were Ken Merry, Head of Water Quality Enforcement, Robert Wubbena, Head of Technical Services, Jim Humphrey, Attorney from Attorney General' Office assignedto DSHS, Mark Sphar and John Kirner. We had a very lengthy and detailed discussion, which I though clarified some issues. In the early part of the discussion I raised the point that the City Council and staff felt there were several possible alternatives to meeting our water q i ,4 problems, but that DSHS was not giving us sufficient time to explore these alternatives. That from our point of view, Mark Spha) had given us only two alternatives and both were unacceptable to the City at this time. The two alter- natives I had reference to were going to the Elwha or fighting a lawsuit. Among the alternatives I gave them were a package filter system, additional reservoir capacity, a settling basin, deep wells and a possible combination of two or more of the above alternatives. In addition, I stated these were interim solutions to a time in the mid 1980's when the present system will he debt -free and in a better financial position to fund some long -term solutions. The package filter system is one that can filter 2 to 3 million gallons per day and would only be used in periods of high turbidity to supplement the water stored in the reservoirs to make it last longer. So far we have been unable to secure any recent cost estimates but prelirninary indications are that it will be relatively expensive. The additional reservoir capacity would only be feasible in conjunction Page 2 with a package filter system or a deep wel 1 system. A 2 tt1 i ng basin containing a fifteen to twenty -day supply of water has probably the greate:;f possibilities as an interim solution. The relatively large size is• dictated by the i that once glacial flour has been stir rcdup in the water, it takes a relatively long period to settle out. Maybe a well system is not feasible as a permanent source of supply but as a supplement to water stored in reservoirs, during periods of high turbidity, it might have some potentialities. During periods of high turbidity we close the intake valve at Morse Creek, as you are all aware of, but on several occasions recently, we have been forced to turn water in before the turbidity had dropped to acceptable levels because we had used up all of our stored water. In 8 10 years, I believe we will need a new source of water since our water rights on Morse Creek only entitle us to 13 M.G.D.; therefore, all of the above suggestions were given with the thought in mind that they were only interim solutions and they should be evaluated with that thought in mind. My presentation appeared to be received with skepticism which the subse- quent discussion revealed the reason for it. Speaking from their perspective, here is the rebuttal they offered to my comments. That the Department of Social and Health Services had started working with the City of Port Angeles in 1968 to alleviate their water quality problems and so far they have been unable to even get the City Council to admit there is a water quality problem. That we have had seven years and a major water study completed, yet are still .tal ki rg about exploring alternatives. In addition, no discussion of alternatives was even initiated until this fall. And that they have not been formally presented with any alternatives which they could evaluate as to their effectiveness. ra •J In briefly re\> the alternatives I listed earlier, they stated that any municipality or water agency that had a surface source of supply had three basic items to consider. One, they, if at all possible, must own their water shed so they can control access to it. Barring ownership, they must have a complete filter system or establish a special system such as a Ranney Collector System or a combination of the above if necessary to meet water quality standards. In our case, we do not have any one of the three items required by DSHS regulations. As for alternatives or interim solutions, in most cases they attempt to discourage them because they do not solve the water quality problem and funds spent on them are not eligible for matching state or federal funds. In talking with Val Cameron of EDA, he had indicated to DSHS that a 60% EDA grant was a good possibility which, along with a 40% construction grant from Ref. 27 would cover the majority of the costs for the City of Port Angeles, if we decided to go to the Elwha River. I then asked how much funding was available for one of the interim solutions I had mentioned earlier. They indicated very little possibility of receiving any funding for one of the alternatives but would reserve final judgment until we had presented an alternative for evaluation. Then, I inquired about the possibility of receiving a grant without the requirement of installing water meters. They indicated that this was not possible in a system of our size, because the basic purpose of water meters is to promote water conservation and a more sound financial base. From their point of view, our.high per capita consumption and low water rates would, in effect, be sub- sidized by the remaining taxpayers in the state. My understanding of their program is that if the state pays a portion of the cost, then the meters must be installed in two years. If the City accepts a grant to build water facilities but wants to extend time period in which meters are installed, then the state will allow five years but the City must bear the full cost. vage I stated that even with the possibility of two grants, there was strong public opinion against any improvements because of water met2rs and the antic i p increases in water bills that would come from them. At that point, I asked if the time period could be extended to ten years which meant we could do it w th our regular crews and, spread over this period of time, it would give people more time to get prepared for it. As for capacity, if we went to the Elwha River. good planning would call For capacity to serve at a minimum twenty -two thousand people, which would initially cover for those people not on meters. In other words, as population grew the number of people using water meters would also be increasing. They replied that only some very small purveyors of less then five hundredhouses had been given an extended period of time. In summary, I felt enough new information had been presented to warrant a work session with the City Council, which has been tentatively set for Tuesday, January 27th, at 7:30 P.M. Between now and that time, I will try to secure some cost estimates on the alternatives that were listed earlier. TO: MAYOR AND CITY COUNCIL DATE: DECEMBER 2, 1975 5.��v FROM: CITY MANAGER SUBJECT: WATER TRANSMISSION LINE STUDY Attached hereto are the report, drawing and recommendations on the water line coming from Morse Creek. The staff is now in the process of converting these recommendations into proper format to be considered by the City Council in early January.. KSW :mak Attach. Kenneth 5. Whorton City Manager ?1 7 tom_ 7/ t• zv -76 MORSE CREEK WATER TRANSMISSION LINE STUDY In March, 1924, the City of Port Angeles purchased the North Pacific Public Service Company's Water Works System, at a cost of approximately $534,000., This system was purchased in two parts. We paid $280,000 for that part of the system lying outside of the City and we paid $254,000 for that part of the system lying within the City. This purchase included a dam and damsite on Ennis Creek, all rights of way, all real estate, and water rights. At approximately this same time, the City decided to purchase, on Morse Creek, a site which would be suitable for the construction of a new dam; also to construct a wooden transmission line to carry water from the new dam to a Proposed Peabody Heights Reservoir (see Ord. #758) These projects were to be purchased and constructed at a total approximate cost of $625,000. To pay for this new system, the City created by Ordinance #758 a Municipal Water Works Bond Fund and sold negotiable bonds in the amount of $625,000 with interest not to exceed 6% per annum. Construction on the wooden transmission line began in 1925. The line being seven miles in length' and consisted of 3.7 miles of 24" continuous stave pipe and 3.3 miles of 20" wire wound pipe; it had 7 tunnels ranging from 67 feet to 700 feet in length; 3 of these tunnels were through rock and 4 were in dirt. All gulches were crossed with steel pipe; there were 20 6" blow off valves; 7 6" vents; and 23 automatic air valves. -2- Prior to construction, easements were obtained from only part of the property owners. Of the easements we did acquire, evidence shows that the City offered the property owners the rights to a tap on the water line and the use of water at a reasonable rate. In 1941, efforts were made to complete the inventory of ease- ments on this line to protect, both the City and the property owners, of property through which the line was laid, from possible damages. Much of this right -of -way was granted to the City with Clallam County as the grantor. Over all of this county land, there was no mention of a water tap being made available. Years later, the City realized that significant quantities of water were being lost through faults in the wooden line and in 1959, the City decided to replace the wooden` line with a new steel concrete line. The decision was also made to construct this new line adjacent to the existing line (refer to Ordinances #1444 and 1445). This in turn called for a wider rights -of -way and made it necessary for the City to secure new easements throughout the length of the line. The City found much of the County land, through which the wooden line was laid, had been sold and this required procuring many new easements, and it became necessary for the City to initiate condem- nation proceedings on those properties that refused to grant ease- ments (refer to Ordinances #1435 and 1461). This condemnation action enabled the City to obtain some easements by settling out of court, but condemnation was necessary in one case resulting in the City -3- acquiring this right -of -way (refer to Ordinance #1439). Sub- sequently, the right -of -way for the entire line was obtained. way: Two methods of payment were used in acquiring the right -of- 1. Cash payment with no water tap allowed. 2. Property owner to receive one or more water taps in lieu of money, with a condition of a flat rate charge for water, based on current and future rates. Those people who were getting water from the old wooden line, but for some reason were not involved in any of the easement negotiations for the new line,were allowed metered water only. All of the easements lying west of Golf Course Road were eliminated and those property owners were then placed on our regular water main system and charged the regular water rates. CUSTOMER METERED ACCOUNTS ON TRANSMISSION LINE 1. O. W. Harper Rt. 4, Box 740 Port Angeles, WA 98362 2. Robert Van Ausdle Rt. 4, Box 752 Port Angeles, WA 98362 I 3. Tom Martin, Sr. Rt. 4, Box 743 Port Angeles, WA 98362 4. Dr. Lon W. Riggs Rt. 4, Box 1027 Port Angeles, WA 98362 5. Gayle Freehill Rt. 4, Box 723 (Brown Road) Port Angeles, WA 98362 6. Gary Lappier Rt. 5, Box 60 (Golf Course Road) Port Angeles, WA 98362 7. Harvey Hollatz Rt. 5, Box 48 (Maddock Road) Port Angeles, WA 98362 8. Harold Layman Rt. 5, Box 49 (Maddock Road) and Mr. Yaun Rt. 5, Box 49A (Maddock Road) Port Angeles, WA 98362 EXHIBIT "A" 9. Dale Woodside Rt. 5, Box 51 (Golf Course Road) Port Angeles, WA 98362 (Both on same meter) Exhibit "A" Page -2- 10. Arley M. Boyd Rt. 5, Box 36 (Golf Course Road) Port Angeles, WA 98362 11. Fritz Conrad Rt. 5, Box 39 (Golf Course Road) Port Angeles, WA 98362 CUSTOMER FLAT RATE ACCOUNTS ON TRANSMISSION LINE 1. Irvin E. Schiesel Rt. 4, Box 1004 (Mt. Pleasant Road) Port Angeles, WA 98362 2. Gary H. Brock Rt. 4, Box 714 Port Angeles, WA 98362 3. Keith 'Taylor Rt. 4, Box 726 (Brown Road) Port Angeles, WA 98362 4. Elmer Reandeau Rt. 4, Box 705 Port Angeles, WA 98362 5. Max Rantalla Rt. 4, Box 711 Port Angeles, WA 98362 6. Tom Martin, Jr. Rt. 4, Box 734 Port Angeles, WA 98362 7. Leonard Brouillard Rt. 4, Box 1030 (Mt. Pleasant Road) Port Angeles, WA 98362 8. Robert Keister P. 0. Box 683 Port Angeles, WA 98362 9. Doug Gilleland Rt. 4, Box 1086 Port Angeles, WA 98362 10. John Baker Rt. 2, Box 1028 Port Angeles, WA 98362 11. Duane Catract Rt. 4, Box 1095 Port Angeles, WA 98362 EXHIBIT "B" Exhibit "B" Page -2- 12. Vernon A. King Rt. 4, Box 1021 Port Angeles, WA 98362 13. Albert Brinkman Rt. 4, Box 1012 Port Angeles, WA 98362 14. L. R. Adkins Rt, 4, Box 767 Port Angeles, WA 98362 15 Bill English Rt. 4 Box 1015 Port Angeles, WA 98362 16. Stanley Peterson Rt. 4, Box 1006 (Mt. Pleasant Road) Port Angeles, WA 98362 17. Allen McNeece Rt. 4, Box 1024 (Mt. Pleasant Road) Port Angeles, WA 98362 18. Walter Rushton Rt. 4, Box 1018 Port Angeles, WA 98362 19. E. J. Neske Rt. 5, Box 63 (Golf Course Road) Port Angeles, WA 98362 20. Lance Adams Rt. 4, Box 720 Port Angeles, WA 98362 21. Gerald Archibald Rt. 4, Box 751 Port Angeles, WA 98362 22. John Rebelos (renting from Max Schmuck, Jr.) Rt. 5, Box 57 Port Angeles, WA 98362 23. Joe Braly Rt. 4, Box 1005 Port Angeles, WA 98362 24. D. L. Fairchild Rt. 5, Box 27 Port Angeles, WA 98362° Exhibit "B" Page -3- 25. Stanley Minks Rt. 5, Box 30 Port Angeles, WA 98362 EXHIBIT "C" LIST OF CUSTOMERS NOT PAYING FOR USE OF WATER 1. Ray W. Noble Rt. 4, Box 1003 Port Angeles, WA 98362 Connected to well, but in times of need uses city water from faucet in yard. Our worry in regard to this is a cross con- nection. 2. Walter; Williams Rt. 5,JBox 45 (Maddock Road) Port Angeles, WA 98362 3. Richard Sidwell Rt. 4, Box 724 Port Angeles, WA 98362 4. Ray Balch Off Lindenburg Road down in Canyon Port Angeles, WA 98362 5. Gordon Grall Rt. 4, Box 1026 (water from Rushton) Port Angeles, WA 98362 6. David Randall Rt. 4, Box 708 Port Angeles, WA 98362 7. Clara Bednarek Rt. 4, Box 717 Port Angeles, WA 98362 8. Dan Provo Rt. 5, Box 24 9. Mr. DeMott Port Angeles, WA 98362 10. William Pirnke Rt. 5, Box 33 Port Angeles, WA 98362 11. Phil Lassila (See Notes of Interest #t3) Golf Course Road Port Angeles, WA 98362 12. Beaudette Rt. 5, Box 57 -A Port Angeles, WA 98362 3 Hollatz 6 Conrad 4 Keister 1" Tap Yaun Layman 1" Tap Fairchild Micks Piruke Provo Demott 1" Tap Baker Catract Gillelaud 7 City Installed 2" Tap Reandeau Randall Bednarek Freehill Sidwell Brock Adams 3 English 2" Tap Schisel Peterson 7 Rushton 2" Tap Grall McNeece Riggs Noble Braley Brinkman 2 Williams 1" Tap Balch 2 Schmuck 1" Tap Rebelos Beaudette EXHIBIT "D" 34 Total customers on Eight taps. (See Notes of Interest #1) Supplies two additional families Supplies five additional families Supplies three additional families Supplies six additional f Supplies two additional families Supplies six additional families Supplies one additional family (Rental Property) Supplies two families NOTES OF INTEREST 1. Approximately 1967, City Attorney Moffett rendered a verbal opinion to Public Works Director John Warder that any tap owner on the City's water transmission line may supply water to any number of property owners to the maximum supply afford- able from his tap. This has prevented the City from having tighter controls in the past, and if this opinion stands, it will curtail our control in the future. 2. In 1969, a landslide occurred, causing a break in the water transmission line. The city crew traversed over Leslie Whitty's property and moved great quantities of earth in order to repair and secure the line. In lieu of payment for the inconvenience, the City granted and installed one (1) 3/4" tap on the Whitty property. In 1960, Mr. Whitty had been paid $1,582,50 for an easement over his property. 3. An easement. from Delbert and Hazel Kelly as Grantors and the City as Grantee indicates the City made a payment of $450 for the right -of -way. Reference is made to an instrument dated November 5, 1931 between Benjamin and Isabel Phillips as Grantors and the City of Port Angeles as Grantee. Whereby there is to be no,charge for the use of water from the tap associated with that Notes of Interest Page -2- property. This is the only agreement, to our knowledge, which allowed the property owner free water. This property is now owned by Phil Lassila and is located on Golf Course Road. 4. In discussing the possibilities of installing a new tap on the water transmission line, the Water Department informed me that all taps were placed in the pipe at the time of manufacture, I and since, the pipe is steel with a concrete lining. They state that the drilling, necessary for the installation of a tap, would break, chip and crack the concrete lining and consequently reduce the life expectancy of the pipe. TABULATION OF EASEMENTS AND TAPS 39 Easements were required and received on the water transmission line. 23 Easement grantors received cash as payment for right -of -way. 20 The remaining 16 easement grantors requested 20 taps as payment for the right -of -way. Two of these grantors requested 3 taps each. 26 The "As Built" drawings indicate 26 taps installed by the contractor. 1 Tap was installed by the City (see Note of Interest #2) 27 Total taps on the Water Transmission Line. 11 Customers are on a metered system (Exhibit "A 25 Customers are on a flat rate system (Exhibit "B 12 Customers are not paying for the use of water (Exhibit "C 48 Total customers are being served from the transmission line. Customers Taps 34 Customers are being served from 8 taps (see Notes of Interest #1 and Exhibit "D 8 12 Customers are being served from their own tap. 12 Three (3) potential customers, each with a tap not in use, 3 Two (2) tap owners are not known and the taps are not in use, 2 One (1) tap owner being served from another line tap not in use 1 Public Utility District has.a 4" tap 1 2 Two (2) customers are being served from an 8" stub on Golf Course Road. These two customers had received water from the old wooden line 48 Total Customers Total Taps 27 Tabulation of Easements Taps Page -2- The tabulation shows six (6) taps not in use. Of the six taps, we find: 2 Tap owners, we are enable to determine ownership 1 Tap owner, David Randall 1 Tap owner, Leslie Whitty 1 Tap owner, Frank Wonder 1 Tap owner, Shermon Iverson These taps, which are located on the water line are the property of the land owner through which the transmission line was constructed, and these property owners may exercise their rights to the use of water from these taps at any time. OBSERVATIONS Regarding Mrs. Bednarek's request for a tap (See notes of Interest #4), we find of those taps not now in use, the tap located nearest Mrs. Bednarek is the Randall tap. We have shown earlier that Mr. Randall is being supplied water from a two inch (2 line which was installed on the transmission line to enable the City to service a number of homes in that area. A number of these homes were not involved in our right -of -way needs. Mrs. Bednarek is at the present time being supplied from this line. Our records indicate that Mrs. Bednarek has never paid for the use of this water. The tap Mrs. Bednarek has requested will no doubt have to be the Randall tap. I believe our attorney should check the legal aspects of this or possibly, we should require Mrs. Bednarek make an agree- ment, under our supervision, with Mr. Randall. We also find that twelve customers on our water transmission line are not paying for the use of water that is being supplied to them (see Notes of Interest #1). On Exhibit "C" (customers not paying for the use of water) we find the names of Walter Williams and David Randall. Each of these customers are entitled to a tap on the transmission line through the purchase of their property from a previous easement grantor. Mr. Williams is using water from his tap and should be paying a flat rate for that use. Mr. Randall is not connected to his tap, but is being supplied water from a two inch (2 line located near his property. I feel we have a legal right to request he pay for the use of that water, November 25, 1975 R. E. Parrish a l RECOMMENDATIONS TO WATER TRANSMISSION LINE STUDY 1. Allow no new water taps on the water transmission line. 2. Mr. Joe Braley and Mr. Ray Noble have the use of a water well in addition to a connection to the City water supply. In these cases, there is the possibility of contaminates getting into the City water system by means of a cross connection. In these cases, we recommend the installation of a back flow preventor and a curb stop; discontinue the use of the well water; or dis- continue the City water service. 3. Any and all water customers being served from the City owned two inch (2 line shall be placed on a meter system immediately. Any new customers connecting to this line shall be required to uo the same. 4. Request an opinion from attorney Taylor regarding the multiple hook -up on various taps. We need an opinion in our favor to establish control of customers on the transmission line. 5. Install curb stops on all water service lines with the exception of those belonging to the tap owners. This would enable us to turn water on and off for the customers. Recommendations Page -2- 6. Require Walter Williams, a' tap owner, to pay for his water service. The easement dictates that he should be paying a flat rate for this service. 7. The billing of all customers being served water from the trans- mission line should be placed in one meter book. This would simplify the work for the meter reader and the billing clerk, and place us in a better position to determine when people move into -and out of these houses. This in turn would tell us whom to bill for the water service. Tap Owner: Hollatz (M) 1" Tap Yaun Layman Conrad (M) 1" Tap Fairchild (F) Micks (F) Pirnke (N) Provo (N) DeMott (N) Keister (F) 1" Tap Baker (F) Catract (F) Gilleland (F) MULTIPLE CONNECTIONS PER TAP LEGEND: M: Meter Account F: Flat Rate Account N: Do Not Pay on one meter, share cost Total of this account is being billed on Conrad's meter. The remaining customers should not be billed at all. Multiple Connection, Page -2- City Installed 2" Tap Reandeau (F) Randall (N) Bednarek (N) 'Freehill (M) Sidwell (N) Brock (F) Adams (F) En, Cr) 2 ".,Tap Schisel (F) Peterson (F) Rushton (F) 2" Tap Grall (N) McNeece (F) Riggs (M) Noble (N) Braley (F) Brinkman (F) Williams (N) 1" Tap Balch (N) Multiple Connections Page -3- Schmuch ,(Rental Property) 1" Tap Relelos (F) Beaudette (N) This tabulation indicates no /rhythm to the method used in establishing charges for the use of water, and with one exception, we should charge every account according to the flat rate schedule. The exception is the Conrad Tap; in this case, Mr. Conrad is a metered account and all water supplied to other parties is being accounted for through the meter. As you will note, two customers a"re being billed the flat rate and three are not being charged. None of these five customers should be billed by the City, All should pay their fair share of metered water to Conrad, 1.ir. Mark D. Spahr District Engineer Dept of Social t, Health Services Olympia, Washington 98504 October 7, 1975 /0 7. `7 S" Dear Mark: The City Council requested me to reply to your letter of September 10, 1975, re- garding improvements to our water system. We appreciate your concern; however, we think there are some facts which you have not considered fully in your analysis. In your discussion with the City Council on September 9, 1975, you presented coliform bacteria readings taken from raw water samples gathered at the Mt. Pleasant Chlorinator Station prior to any treatment. These readings are disturbing if considered alone; however, samples taken from 'different areas throughout Port Angeles after the water has been chlorinated show these coliform bacteria reduced to very low levels where their effect, if any, is quite minimal. With respect to turbidity, you will find that the same situation pretty well holds true. I do not think anyone would disagree with your contention that high turbidity is found at the water intake on Morse Creek. What we are concerned about is the fact that the turbidimeter was placed at this location to help control the amount of high turbidity water that is put into our water system. Instead, data from this unit is used in a way which we never envisioned when locating the turbidimeter at this site. Our turbidimeter is set up with an alarm that alerts an operator when turbidity reaches five, and he closes the water intake valve. Again, if the turbidity were measured at the point where the water comes out of the reservoirs, I think you would find the level of turbidity to be below one unit. To verify this, the City Council authorized the staff to purchase and install a turbidimeter at the outlet of Peabody Heights Reservoir as quickly as possible. To summarize:, the turbidimeter located on Morse Creek is used by the City to assist us in controlling the amount of turbidity Going into our water system. Our water reservoirs act as settling basins for what little turbidity gets by our alarm system. If you want to get an accurate measurement of the turbidity Mr. Mark D. Spahr October 7, 1975 Page 2 in the water going into our homes, then the measurement must be after the water has an opportunity to settle in the reservoir. The minimal amounts of turbidity leav- ing the reservoirs are not significantly large enough to prevent chlorine from killing any harmful bacteria that may be present. In considering the question of capacity, it is true that there are a few days each summer when the system is operating at capacity; however, in discussing this population growth patterns and possible water conservation measures must be con- sidered. During the last ten years Port Angeles has grown at a rate of less than I% per year or an average of 94 people per year. At this point, considering the economy on the Olympic Peninsula, I do not foresee any large increase in our rate of growth during the next few years. It is the firm belief of the City Council and the staff that, with the imposition of some moderate water conservation measures, our water system should have no difficulty in meeting the needs of Port Angeles till the early or mid 80's. Some of the measures we are considering are alternate day watering during warm spells, penalties for homeowners who waste water and radio appeals to the residents of Port Angeles. In the past, before our current water system was operative, radio appeals were quite effective in convincing the people to conserve water. As I stated at the beginning of this letter, the City Council appreciates your concern but they also owe an obligation to the people of Port Angeles. If they felt that there was the slightest chance of our water system creating health problems, they would be among the first to urge that corrective measures be instituted. For the reasons shown in this letter, we do not think our water system is a health hazard. Secondly, the City Council has an obligtation to insure that the City remains in a sound financial condition and your recommendations at this point in time are well beyond the financial capability of the City. Mr. Mark D. Spahr 'October 7, 1975 Page Therefore, the City of Port Angeles cannot make a commitment to improve our water system by mid 1978. From a health point of view we do not believe it is required and, secondly, there is a serious question as to our capability of funding such improvements. We will cooperate in any way we can to gather more and better data, but the City cannot make such a commitment as you request on the questionable data that has been presented. If you have any questions, please give me a call. Sincerely, KSW :mak Kenneth S. Whorton City Manager TO: CITY COUNCIL SUBJECT: WATER SUPPLY SOURCE FROM: KEl \T11JETH S. WI- IORTON, CITY MANAGER DATE: SEPTEMBER 10,,1975 ,f., 01- /1/7 Although the decision of the City Council appeared quite evident from the discussion at the work session, a more formal decision should be made at a regular meeting of the City Council. My basic recommendation on what that decision should be is still the same; namely, to develop some cost figures on all the required improve- ments along with exploring various ways of financing the improvements. The basis for this recommendation is two -fold in nature; one, the possibility always exists that a financial package ;night be put together that would not bring the Water Department to the verge of bankruptcy and, two, in the event we were unable to develop a pack- age, the information gathered in the study would strengthen our position immeasurc- ably in contending with the D. S. H. S. If we can put a package together, then the City Council could consider its feasibility; however, in any case the City could not be accused of ignoring the situation. Items that should be considered in the study are: 1. Ranney Collector System on the Elwha River along with pump stations and tranmission lines to the City. 2. Filtration system on Morse Creek 3. Drilling and equipping wells 4. Water meters in the residential sector 5. Water rate analysis 6. The amount of additional revenue that might he r cal iced from installing water meters. 7. What type of new equipment would be required in the Finance Department. to handle billing and collection resulting from the installation of water meters. 8. If we install water meters, how long would it increase the life expectancy of Morse Creek as a source of water. After these questions and those that evolve from them are answered, then a conf erence involving the engineers, financial consultants and city staff would be convened to look at the financial feasibility of the two or three alternatives developed from the above questions. Two pieces of vital information we would need from the bond consultants are what the bond market considers a reasonable water rate and how large a grant would have to be on each alternative to make it financially feasible for the City. At this point preliminary grant applications on the most feasible alter- native would be submitted to D. S. H. S. E. D. A., HUD and any other state or federal agency that even looks mildly interested. I am well aware of the fact that a large share of the financial and other analysis that is required could be done in -house by City staff. However, I think the informa- tion developed would carry a great deal more weight if the analysis was done by outside firms with established reputations. It would be my best guess that the work I am proposing would cost about $5,000. Even if we do not proceed with con- structions plans, the study would still be valuable in that we need to look at our water rate structure, data processing equipment and some alternatives on water supply since Morse Creek is running at or near capacity. The type of alternatives I am looking at are establishing penalties for wasting water, requiring water meters on all new homes at owner's expense and a closer scrutiny of all proposed annexa- tions. If we go to court with D. S. H. S. over our water system, the only possible defense 1 can foresee at this time is a lack of financial capability to meet their requirements. Although there is almost unanimous opinion that the quality of our water is good, this cannot be used as a defense because we would have to show the established standards are not valid. To place the validity of those standards in question would, in my opinion, require a very extensive and expensive scientific study. To establish financial capability as a defense would require that the sub- ject be thoroughly explored. At this point, I do not have any idea what my recom- mendation to the City Council would be at the conclusion of the study and investi- gation. I feel very strongly that the City Council would have much more detailed information on which to make a more informed decision if they authorize this study. KS W: ma k Kenneth S. Whorton City Manager TO: MAYOR AND CITY COUNCIL 1'ROM CITY MANAGER SUBJECT: UPGRADING OF THE WATER SYSTEM G.. DATE: AUGUST 29, 1975 As the attached letter from Mark Spahr indicates, we had quite a lengthy discussion on August 27, 1975, about several aspects of our water system and the Stanley Burrowes situation. At this point it is my belief that the City lies no recourse but to begin immedi- ate steps to upgrade our water system. We are failing to rneet the standards now in force and the new Federal Safe Drinking Water Act will impose even more rigid standards when it becomes effective this Fall. Two of the provisions in this law give me cause for some concern because of their nui- sance aspects. One any person may sue the utility or its superintendent, the City, State or E. P. A. for failure to perform as required in this Act._Two,_utilities failing to meet the water quality standards are required to notify their customers via water bills and the news media. With the standard for turbidity being restricted to 1 T.U. from the current 5 T.U. I see no way we can comply with this new law and I certainly dislike the idea of sending water bills out stating our water quality does not meet Federal standards. Even though the water is safe and the standards may not be realistic, I do not think you could do a very good job of explaining it due to the complexity of the subject. As I stated earlier, I think the City should begin taking the preliminary steps to improve the water system. It will cost a great deal of money and probably require a bond issue but I do not see any viable alternatives at this point. Therefore, I would like the City Council to consider the following recommendations: 1 Authori ze the staff to contract with C112 M Hill to do some pre.1iminary cost estimates on some alternative ways of upgrading our system to meet Mayor and City Council August 29, 1975 Page two KSW: mak Attach. the new standards. Even though the new standards are not out in their final form, enough information is available for this preliminary study. It is my belief that this step would be enough, for the present, to enable City r provisional e �ilt t0 retain our certificate x 0� is 2. Inform Stanley Burrowes we will give him an easement in two to three years after the City has time to protect our water system. Kenneth S. Wharton City Manager Mr. Ken 'Thorton, City Manager City of port Angeles City Hall Port Angeles, Washington 1 Re: Water System Dear Mr. Wiiorton: City of Port Angeles This letter is in response to our meeting on August 27, during which several aspects of the City's water systam were discussed. The following discussion addressee the points covered: Water Quality: The City cannot meet the current Drinking Water Standard for T u r b i d i t y i a measure: sent of water clarity). The current standard and for unfiltered surface water is 5 Turbidity Units (TU). Tnis standard is based upon the old U, S. Pu.bl C l ip alth Servic t'Dri nking Water .Standards which were last revised in 1962 At that time, it was believed that Turbidity was primarily an aesthetic problem, which should be controlled to limit consumer complaints about "dirty" water. Over the past 13 years however, considerable research has proven that turbidity oust be considered a "health related" water quality parameter. Turbidity _particles inhibit disinfection by shielding bacteria and virus from the killing power of chlorine, as well as by chemically reacting with the chlorine to form compounds that are not effective disinfectants. Consequently when turbidity is high, simple chlorination does not provide adequate protection. In recognition of this, the Federal Drinking _Water St are currently being revised to require surface water supplies to meet a 1 T.U. Stand in most cases, and- at no time will a turbidity of over 5 T.U. be allowed. The revised Drinking Water. Standards will become effective in the fall of this year. As was mentioned above, the City cannot comply with the current standard of 5 T.U., consequently the new standard will not be met. Recent records have indicated that water having up to 30 T.U. was supplied to the City residents. At these levels, the safety of the water can not be assured. 2. Watershed Controls: I would not recommend that the City challenge Mr. Burrows' intentions to log property in the Morse Creek watershed. Even if the City should win, such action would likely be costly, and would serve only to prevent the existing problem from getting worse. Instead, we recommend that the City take positive steps to correct the exi stint, water quality problem through implementing the recommendations of the City's Comprehensive Water Plan dealing with water supply ,alternatives. At the same time the City could agree to the logging, but request that Mr. Burrows not log in the Morse Creek watershed until after improvements to the, source of supply are completed. This department will lend full support to the City in discussions with Mr. Burrows regarding this matter. Mr. Ken Wi orton, City Manager August 20, '1975 City Page 2. 3. Interstate Ccrrier Classification: As we discussed, since the City silpp ies drip il':c'1 water to 'iess'Is dealing in interstate commerce, a periodic inspection of the water system is iiade, and a claSsL±icati.on of "Approved", 'Provisionally Approved or Prohibited" is assigned. At the present the City is "Provisionally Approved This classification was assigned with several conditions, one of Which states that: "Reasonable progress must be made towards impl e :'.ent t ..on of the recommendations containcd in the CiLy' s comprehensive water plan, deviling with supply ait_'rnative6". To dat_, no r :'easurc ble prolLess has been made, consequently when the "Provisionally Approved" classification September b 3. 19 r 5 n be i expires on ..�EI�u�.il ;.t.r J�, J, .'.'C'r1�',U:� C_ "t.•1der�ltlon 41111 YC' G_V('_ri Lo assigning a "Prohibited" classification to the Port Angeles water system. 4. Fundino Sources: The Department of Social and Health Services stands ready to assist the City in financing a project to upgrade water Projects related to source development, treatment, storage, metering and transmission lines are eligible for grants to cover 40% of the construction costs. In adQitioil we will assist the City in seeking additional funcliag through every available source. In summary, the City's water system. fails to meet a health related water c;ua 1 ity standard. AC_tion against Mr. Burrows will not solve the prcblem and at best, only prevent it from becoming more severe. It is this Department's recommendation that :positive stens he ta,1 to upgrade water duality through ]mpleme.nt]ne the_rcc rnend- atAons dealing with water suool'_c'l�lt(erriad.:ives contained in_the C1 s.; CoriL(:; ens ye Water Plan, This Department stands ready to assist you financially, in impl,,meriti. rig these improvements. dks I appreciated meeting with you to discuss these matters, which are of great importance to the City. If you should have any questions regarding the above, please call me in Olympia at 753 -4152. Sincerely, cc: Olympic Health District Paul Reed, Assistant Director Qf Public Works Ralph Wait, Water Super tntendent a` R MARK D. SPAHR, P. E. District Engineer Honorable Mayor and Council City of Port Angeles City Hall 140 West Front Street Port Angeles, Washington 98362 Gentlemen: MDS :vm September 10, 1975 Sincerely, i174 '2./2 D. S, dpv Mark D. Spahr, P.E. District Engineer cc: Port Angeles City Manager Port Angeles City Engineer Paul Reed, Assistant Public Works Director Olympic Health District Jim Humphrey, Assistant Attorney General, DSE!S HEALTH SERVICES DIVISION John A flew. M 0 n "ccro, P 0 Box 1788 Orymp a WA 99504 Stnlccof Lkt Iii S.),'c111 Del k111 111(.1 Stxlill Sz! 'colt! Scr\'ic(S f- r° r r 1 Re: Port Angeles Water System This letter will confirm our meeting ox>, Septexiher: 9, during which the city's water quality was st .sc,ussed. In view of the documented problem with periodic high values of both turbidity and raw water bacteriology, the time to implement corrections is now. You will recall that we formally requested the city to respond in writing within 30 days, by October 9, 1975, as to your intentions to complete the necessary improvements by mid 1978. We recognize that making such a commitment will require in -depth analysis, how -ever, in view of the public health implications, and the fact that the city has currently had over four years to reach a decision on this matter, it is felt that this is a reasonable time frame for such a commitment to be made. We sincerely hope that a cooperative approach'can be taken with respect to this matter. As was indicated at the meeting, however, if a commitment is not made, this agency will be left with no alter- native but to initiate enforcement action through the Office of the Attorney General. City water quality adequate, members say Poet l question Angeles C :ity Co�,ci is q b the the c st mist vh C hnd Pst to l� D:r;� I�enr of Social TE �Ul1E some claims exnf sive changes in the city's water syst em. Tee ^t h given the city s= e:n d 9 cG its3:I to water 1 'r crovcrcc new by mid -1978. atvb.tyorsu suspended pal �rC.P: i;3 v.: rb Morse Creek the p_ Merse C_ water Lief i.. make imprOVet neat nG .ter., actor =g to lelarle D. Department of Social and Health Services dire riot enet°Yieer. t emus >d; rneeti_ng Tuesda y At i city City Manager Kenneth ev tefn was as directed to respond to r3 G IS per: L a t d be useful, d t would .S. it l ayes &Tee{: °S: to `LevtY ?the t n water The information v ;o ir i cec i`ung F hire and i- C1 Y n °3`� S T�SE :4Gl S 2. :i t 'n e s t n En ti C clay S pOSItlOn In a; it b' y:l?t,r >k of p��n with t y';yl: tml s rt'.! Ll�L 1. the state. r _r system. Councilman Chu.les J Lulrey called it enters Installing the water bid ty iSaf iTliie u basin less' $T8 th2 t' r I' f,}St:1er study "a waste of mcneY" s ef tee e_.pensi e, h ,cam turfy "a been a number of by ,..�C?5 :2� Sam �•a`= c;� /C�`4, than ctud.�'s done related to water in r�:Ent seine cf the other alturntive�s years. a water system from E building ,t_ plant on the Government standards change ever �iv; t a River y a filter r r year, he said, and he feels it isn't fair t b d Pros People d y�, e compare Port Angeles water 1:.,, -.,v 1 ^ter w: ?e e t:�,� places. Pwere t drink F water of other s ip would r i acre taken, said Council- n the water sy L�m so gy p. Changing of a ter sy the uld woman Manager Ross. cost mi .or of do doesn't have, he said, and there are C d r Kenneth t h o rize a b s pets which need to be taken c recommended the ing analysis ut of o water other prof cast and financing care of. s upply alternative. OrVi c n If the matter should go to court, said e 'J B2.u0II the city needs C. V c to be able to document its financial ins b!lity as a defense and a study would do that. rl said l e v ;oald like to be prepared if the city goes to ;,curt• He doesn't w ant tobosa all control and have a judge set the deadlines. aid that if Co rcilWGman Ross illness was resulting from the water, building a new system: would be under- standable but not now. paying the She said she wculd favor pay a pproximate $3,003 for further study if the city at the same time cgon,siders a laGCSUit Related story on Page 14 9 -?472D Tv73 ,1 ri(i? 12 i71-F-4 74-iX2 '‘:'14/71,7g-7-n (7.) e -2,-?..7u,„ 7 7 9 1 V/ 2 c (?-1 e_ /7)-ra ry? 7 2-0 .„1 --(7 re' 2 ft=4. 1 z V 9 0 --,22 d :72.-2_,- 4 7 cr./01_44_0-o ..-tt.)- /72 (14-0 T/ ,7 (-7---1.9-1 -.ri v -?-1.-4/7"?r-r-7- --2,-- r v 9„- P7):. .12 1,,,-/. n; r• 72---- 7 ,-7 7-7y2 (2 gli,,, f i r C r rt4-97'11-(71i-V,6- r F c* .L.) 7 7 Y`` t rrE_ t" t 5 1/ G5s 5 F 5 //I T Pwzr)- Z 'Z --2-A-c--L'' /W t, --..---//2..P.A/C.e./ vt,..C, C1,1,0.,{s,vt,c, ,11 4 0 6 i"z) 1 --c 7' ?,-(i fc LtiN 1 yL 06(,,k) /Y1,,e a U 1 49 c,t, -6: 6 22" 21 CaVz-v 7/-g C A -6; 2la,k) FROM THE DESK OF: MARIAN PARRISH CITY CLERK /32 Z7a /e/ tex' IZIZAZ-L AZ/Z, 6 -7 4 'ite-i 4i ii 1 6i; eeez 42--e/etaV/el-zt- .50 Councilman Lukey Well Mr. Mayor I think we better review some of the things in the memorandum and letters we got here. It says items that should be considered are: Rctnney Collector System on the Elwha River along with pump stations and transmission lines to the City. Alright the State of Washington did this for us, they had a study. We have had all these clowns up here from CH2M explaining this thing to use, showing us film shows and they did a nice job. The Filtration system on Morse Creek. Again its been studied in the study we've already had. Drilling and equipping wells. That's been studied. Water Meters. That's been studied. Water rate analysis. That's also been studied by Mr. whats his name, Cully Bryant. Manager Whorton We did'nt get a water rate analysis. Councilman Lukey Well, I saw one somewhere. The amount of additional revenue that might be realized from installing water meters. Again this is something I've looked at and I think it's been presented to the Council. I think if we hired a firm to study this again it would be a waste of money. Now what you were recommending is that we take a look at all of these problems and figure out what it would cost us to install a Rainney Collector and pump the water from the Elwha River to Port Angeles. And again, we had a study on this and it would be a matter of updating the figures from that study. And you want us to hire these people as part of this and get an update on the figures. I frankly don't feel Ken that we need an update on the figures. I'm not too sure we can't figure it out ourselves, at least our financial staff. You're saying here that if we go to court our only defense would be that our water is good and that we don't need any expensive filtration or we don't need to pump water from the Elwha, that's not much of a defense, certainly, and I agree with that. However, my attituda is let them take us to court and prove it. I frankly, Mr. Mayor, don't feel that by spending any additional funds, even $5,000 would What's coming off is this, is the State has set up standards or the `Page 2 Federal Government has set up standards that have changed and continue to change every year and they're telling us our water isn't any good, by their standards, it isn't any good and they're comparing the City of Port Angeles to cities like New Orleans. At the work session the guy told us about the City of New Orleans, all of asu dden it discovered their standard weren't any good and they had to change them. Well if you consider where the City of New Orleans is located, it's located at the mouth of the Mississippi River and the Mississippi River drains the entire midwest of the United States it's a little bit ridiculous and our water comes directly from glacier streams We're talking about millions of dollars. My guess would be, and I'm being pretty conservative, for openers, now this is just openers, to pump the water from the Elwha River would cost us around 5 million bucks. That's just openers. I would guess that after that 5 million was committed, there would be additional funds that would have to be expended. O.K. Essentially what they're saying was you'd get 30 days to indebt the people you represent for approximately 5 million dollars. That's being a conservative estimate. I can't see that. I can't see any future in it. I also can't see the City having the money to do it. Now you read the paper, if you watch television, cities all over the country are in trouble. The City of New York is broke. Now we haven't got 5 million dollars, I don't even see where we can get it. The debt service on 5 million dollars right now would probably be about 9 When you start adding that *on to it, you get to the point where it's astronomical. And all the things we've got to do! When I think of all the projects we have in mind. Then they come up and tell us we've got 30 days to to this. I've got a good answer but it's not polite in polite company. Mayor Basom Well they give us 30 days to come up with a plan. Councilman Lukey Well, come up with a plan. Well we've come up with studies, we've spent about $25,000 on studies and if we come up with a plan in 30 drys, what's that going to prove. Page 3 Mayor Basom Well I thirlcthe only thing that we can do as far as a study and with what Mr. Whorton has tried to point out in this memorandum that I have read, is that the only defense we have is that the project that they're demanding we do, it's not financially feasible for us to go that way. And thats going to be our defense and that unless we can document that, why we're up the creek without a paddle, I'd say. Councilman Lukey I think that's a very good analogy, but my attitude, frankly, is that they can take this kid to court and stick a gun to my head and they can tell me that you're going to have to update the water systenand you're going to have to spend that 5 million. My answer then ok you guys want us to do it, you come up with the 5 million or whatever its going to take. Mayor Basom Well, sure, but we've got to have something documented in order to substantiate a statement of that kind. Councilman Lukey Don't you feel that the documents from these studies we've already done are sufficient. Mayor Basom No, I don't! Lukey I do! Mayor Basom ,Talk to the bonding people and get their opinions on it. Councilman Lukey We've got two studies, the State of Washington did one for the Elwha Rearing pond and we've got the other study that was done for the City, I can't see spending another dime on it. I really feel it would be a foolish expenditure of City money. Mayor Basom What are you going to do when he turns it over then to the Attorney General. Councilman Lukey Go to court, I °11 sit there with you and wdll watch. Manager Whorton The only thing I'm concerned about, I can't disagree with anything you've said, the only thing I'm saying is, if we do go to Court, I'd like to be pre- pared. I don't want to wind up with some judge taking a look at his list of water samples they showed us and saying oh you're not complying, I'll give you until the middle of 1977 to do it. Whereas we do have a little control now. If it gets in the Page 4 hands of a judge and we lose entirely, we're going to lose all control. He will set the time schedule. Councilman Ross I have very mixed emotions about this. I have believed that we have, we are very fortunate in knowing we have an additional system to go to in the Elwha River if and when we grow sufficiently that we need that water. I can't see turning to that at this particular stage. I feel that if we had some real illness that was traced to our water, it may be understandable that we would forge ahead on this. I do understand what Mr. Whorton is saying in furthering the studies with another $5,000 worth of information. I would go for this on one thing only, and that would be if at the same time we consider a law suit because I think we had better start fighting this because if we need to spend all of this money in Port Angeles where we really have good water, everybody in the whole world is in trouble. There just isn't going to be enough money to cure all this, it's a waste of money. Councilman Olson Ken, where did they take the sample from? Manager Whorton just before it went in before they chlorinate it. Councilman Ross Well who drinks it up there? Manager Whorton Nobody drinks it up there but what they were looking at, was trying to check the count before it was chlorinated, before it settled out, to see what was coming into the system. Councilman Haguewood Ken can't we have you write a letter to Mark Spahr and tell him that we seriously question his statistics because of where he took his sample and he stood right there and told us that in the City of Seattle and Port Tow send, AS this and that they have these lakes they call settling basins and far a; we are concerned, we have always operated on the theory that our reservoirs are settling basins and we'd like to see another set of statistics and samples on bacteria count on the down flow side of the reservoir. I think a letter to Mark Spahr in that respect, I don't know if you want to embellish a little more, I have another idea. 1, Page 5 I cannot in my mind, and we've spent $25,000 with CH2M, and they tell us that it's cheaper to put the waterPway, put the pipe, put a Ranney system in, put a pumping station, man this station, is cheaper than putting a filter plant in our existing line. Now it's hard for me to believe this, when, I get suspicious about these people when they want to sell you something, they want to sell you the $300 suit instead of the $100 suit and I seriously question the reliability of that engineering estimate. But I think the first thing to do is to write this guy back and seriously question his statistics, his source of his bacteria count, his source of sample and I think that, just tell him that before we move on this thing, and we think we're going to believe his bacteria count, we want it on the other side of the reservoir, the down stream side of the reservoir, then we might beleive it, on the tax side of the reservoir, his samples come from the other side of the reservoir. Manager Whorton See we have until October 9, so, that means we have one more Council meeting before that deadline date. Would it also help the Council if in essence I showed the City Attorney the reports we now have and see if he can fight a case using those? Councilman Haguewood Well he might review it, he knows as much about it as you_- and I do but I still think that first letter right there is what we ought to deal with. Manager Whorton I thirk you'rejust playing a game with these tests and Councilman Haguewood I think their samples are they picked a point where they knew their samples were going to come out this way and if we would go and get our samples on the other side of the reservoir, on the clean side after the settling had already been done Mayor Basom You'll never meet their standardiin any period of time, I know. Manager Whorton The point I'm getting at, they're saying that these settling ponds that Port Townsend and Seattle use are before they do the Chlorination, so they say they're testing ours as it comes out of the settling ponds before it's chlorinated. Page 6 They say the only way they can test ours is to test it just before we or just after we take it out of the creek and just before we chlorinate it and put in the pipe. Councilman Haguewood I thirkwe could even put a settling pond up on that line cheaper than we could run an entire new system out of the Elwha. Councilman Ross This thing really floors me. I don't nobody drinks the water up there. We drink it right here and what does this test. This is what I'd like to know. Councilman Haguewood His samples are not the samples that the people are consuming. Nobody drinks that water up on the line out there. And this what he says is not Manager Whorton bacterial test system Mayor Basom I don't think you can say nobody drinks it on the line because there is people who draw out from that line up there. Unchlorinated water and they're not getting sick. Councilman Haguewood Tell him we want some better samples Manager Whorton O.K. Councilman Olson Who's setting these dates, him or somebody else? Mayor Basom well didn't you hear his boss, Spahr's boss. Councilman Haguewood John Kirner was his name, he's Mark Spahr's boss. Councilman Ross I thick that the tremendous efforts that Rayonier has been putting out on that mill and the results we've been seeing around here lately, they're so much worse, it shows us that all of these people are not that smart that they are going to set us in the right direction. I don't care if it comes to whether its water pollution, air pollution, or what. Councilman Lukey You're right. Mayor Basom I can agree with you there, too, but the law is the law too. Page 7 Councilman Ross Well. Manager Whorton A few years ago the Feds passed big law as far as effluence coming out of these sewage treatment plants and if you take a look around the country, you'll see a whole rash of new treatment plants and now they put the planning passed, they've moved onto water, that's going to be their big push, on water. Councilman Wray Well, Mr.Mayor in reading the last few editions of the P.I. as far as series on water goes, on pollution alone, in the City of Seattle they have four sewers entering into the waterway, any one of which discharges more sewage than our City right here and there's four of them. And it said it would be years be- fore it's even corrected. Of course they've got their problems too but I think every city in the state ha; got problems. So I suggested to Mr. Whorton that we have Association of Washington Cities update that and our meeting in Port Townsend, give us a report on it. Councilman Haguewood Mr. Mayor, if I remember correctly a Council of this type have the power to bond the City enough money to do this. I think we have the power to do it, we don't need an election on that. Manager Whorton —With Revenue bonds, I think you can do it Councilman Haguewood We can do it by Council action, in other words we.owe, what it, 1.2 million on the existing water line and what they are basically telling us is that we have to build a new water system exclusive of the reservoirs and the distri- bution part of it, the intake system,they're saying that like Lukey says ea 4.0 4 Mayor Basom They don't say we have to water system but they do say if we continue with the same water system, which is the Morse Creek deal have to put in a clarifier, to filter this water. Councilman Haguewood Well, we're talking about a minimum of about 5 million dollars and then when you sell the bonds, and the bond market is between 8 and 9% now, Page 8 you're talking a real substantial bonded indebtedness and then at this point there's no way that we're going to get any federal grants any money, other than to Ig,et,money right out the pockets of the people that live in Port Angeles to pay for this. The other thing I don't like about it is when they start talking about any possibility of money, is that they say you have to meter your system. Now if you meter our system we've got about 5 thousand homes and it's going to be probably $200 a hookup by the time you get the meter in the ground, the cost of the meter and the cost of the installation. Now you're talking about a million dollars just for the meters in the ground, then you've got to hire about 3 guys to read the meters besides one in City Hall to send out the bills. And all you're doing is raising the price of water to the people who live in this town and they're going to pay more for that and get less water. So these are all things, what this guy says in the letter, there's nothing to it until you analyze it in depth and then you're really coming up against something. Manager Whorton Let me say one thing in defense of these two guys that were here the other night.They'rejust at the long end of the chain, the chain starts with the Feds., and these guys are just bringing the message to us Councilman Haguewood They earned their money the other night. Councilman Lukey We should roll over and play dead just because some jerk from the State Department of Social and Health Services comes up and says you've got 30 days. I'm not going to roll over and play dead, the hell with them. It's that simple. Councilman Ross Mr. Mayor. I move we table this until the first meeting in October. Councilman Olson Second. Mayor Basom It's been regularly moved and seconded that this subject be tabled to the first meeting in October. All those in favor say "AVE". All Councilmen AYE. Mayor Basom Opposed "NO Motion carried. 1 Honorable Mayor and Council City of Port Angeles City Hall 140 West Front Street Port Angeles, Washington 98362 Gentlemen: This letter will confirm our meeting on September 9, during which the city's water quality was discussed. In view of the documented problem with periodic high values of both turbidity and raw water bacteriology, the time to implement corrections is now. You will recall that we formally requested the city to respond in writing within 30 days, by October 9, 1975, as to your intentions to complete the necessary improvements by mid 1978. We recognize that making such a commitment will require in -depth analysis, how- ever, in view of the public health implications, and the fact that the city has currently had over four years to reach a decision on this matter, it is felt that this is a reasonable time frame for such a commitment to be made. We sincerely hope that a cooperative approach can be taken with respect to this matter. As was indicated at the meeting, however, if a commitment is not made, this agency will be left with no alter- native but to initiate enforcement action through the Office of the Attorney General. MDS:vm September 10, 1975 Re: Port Angeles Water System Sincerely, 9 ,4, ."7S )19a /v;,_- D. S di/z Mark D. Spahr, P.E. District Engineer cc: Port Angeles City Manager Port Angeles City Engineer Paul Reed, Assistant Public Works Director Olympic Health District Jim Humphrey, Assistant Attorney General, DSHS HEALTH SERVICES DIVISION John A Beare hi D D tecror P 0 Rox 1788 Olympia WA 98501 State of Ws' Zir g'tOr U)e )art r n ilr 4 ofScx it &I ksaltl Services 1-Al 11 1 n co uL 0 —4 C:• s l� i't t.� t a..) t .G i 1 i E /4,,,,, ti I I TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER SUBJECT: COMPREHENSIVE SEWERAGE STUDY DATE: JUNE 3, 1975 After considering the information given by the representatives of CH2M /Hill and the subsequent discussion at our work session on May 27, I would like to recom- mend the following course of action: That the City Council authorize CH2M /Hill to proceed in late August with the Plan of Study and to submit two or three alternatives on the timing of the major phases of the study. By starting at that time, we would have the benefit of their preliminary findings as we consider the budget. My thinking behind this recommendation is that: (a) It would delay the start of the study until 1976 and would not require any expenditure of funds in 1975. (b) I do not think the Department of Ecology will let us delay the study until 1977. (c) If we have to expend funds in 1976 for this study, then the considera- tion of that expenditure should be made during the course of our budget deliberations for 1976. (d) It would give time to separate the storm from the sanitary sewer in the Peabody Heights area so it would not reflect adversely on the study. (e) By establishing our own schedule from the alternatives given us by CH2M /Hill, we might prevent the Department of Ecology from imposing a more rigid schedule of their making. (f) It will be after the start of the federal and state fiscal years and I think more information on compliance will be available at that time on which to base a decision. S,s Mayor and City Council June 3, 1975 Page 2 If the City Council is in accord with the proposal,I have outlined, then John Warder and I will meet with CH2M /Hill during July to set up the study. KSW:mak ...0. Kenneth S. Whorton City Manager o a C-1) Pt r --t EfL i, CH2M HILL 1500 114th Avenue, S.E., Bellevue, Washington 98004 206/453 -5000 Mr. Hal Puddy City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Hal: �y YVr i S IS C) l Q tlo Rogionai Office CC As you know, the Safe Drinking Water Act of 1974 was signed into law on 17 December 1974. This act requires that, after being notified of noncompliance with national stand- ards, each public water system operator furnish notice of such noncompliance to public communications media. If all projects recommended in EPA's letter dated 24 June 1971 are 31 Jantaary; 1975 504.71 The enclosed "profile" and brochure concerning the 1974 Housing and Community Development Act was prepared by our Planning Department with the hope that it will help the City obtain funds for needed projects. The listed discretionary funds are to be divided among all nonmetropolitan cities and counties. Preapplication must be submitted by 1 Parch 1 We under- stand that the preapplication forms are available at the HUD Seattle regional office. They are relatively simple to complete and are intended to determine if further applica- tion effort is justified. The 1974 Act funds may be combined with funds from other programs such as State of Washington Referendum 27. As you may already know, DSHS will now fund 40 percent of new service meter purchase cost (see enclosed policy change). Universal metering would reduce the short supply problem, as experienced this past summer, at minimal cost. 5.5 Mr. Hal Puddy Page 2 31 January 1975 SO4.71 not initiated, upon reinspection of the system, the City may be reclassified as unacceptable as an interstate carrier water supplier. Because of the unfavorable impact of public notification and possible loss of interstate commerce, HUD may give high priority to granting the City 1974 Community Development Act funds for universal metering and for devel- oping the Elwha source. Hal, it may appear that we are badgering the City; please be assured that this is not our intent. We hope the informa- tion will be useful to the City in planning its utility development. If you would like to discuss this matter further, please call. gkl Enclosures cc: John Warder Sincerely, D. Collins Martin e The Honorable Mayor and Members of City Council City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Gentlemen: 6- 0\ 5 Aprils 1974 t State of s tid G'F!ar3hing.cil artr,Me nt 1 1 0 9 ,c f Soc l Health Services The comprehensive plan shall include:...A time schedule for improvements required to meet any existing deficiencies of supply, storage, distribution, or quality; including any treat- ment facilities not in compliance with WAC 248 -54- 360;... Proposed plans for covering any open distribution reservoirs. Interim facilities, including chlorination, may be considered in the plans for covering. DANIEL J. EVANS, Governor CHARLES R. MORRIS, Secretary HEALTH SERVICES DIVISION JOHN A BEARE, M.D., Director, P. 0. Box 178B, Olympia, Washington 93504 SUBJECT: Comprehensive Water System Plan and Financial Assistance This letter will serve a twofold purpose; firstly, we wish to provide you with our comments on the City's Comprehensive Water System Study, and secondly, to discuss the State's Referendum 27 funding program, particularly as it relates to Port Angeles. 1. Water System Study: It is felt that your engineers did an excellent job of pointing out the needs of the Port Angeles Community. Further- more, the City is to be complimented for recognizing the need to provide for long range water system planning. This, together with Mr. Puddy's March 6, 1974 letter, which states that the City Council desires to implement the study recommendations, demonstrates your recognition of the importance that a public water supply can have upon the public health and economic development of a community such as yours. Prior to granting approval of the comprehensive plan, however, a definitive time schedule for implementation of the recommendations contained in the plan is needed. Specifically, WAC 248 -54 -280 states that: We recognize, however, that a time schedule for making significant improvements, such as those recommended in the report is directly related to financial considerations, and that a firm schedule cannot be established until a source of funds has been identified. For this The Honorable Mayor and Members of City Council Sincerely, MDS:mga cc: Olympic Health vlfal Puddy, City Manager John Warder, City Engineer Ralph Wait, Water Superintendent Collie Martin, Cornell, Howland, Hayes, Merryf ield /Hill, Bellevue Referendum 27 April 11, 1974 Page Two reason, the Referendum 27 funding program is discussed below. 2. Referendum 27: As you may be aware, in November 1972 the voters approved a series of Washington's Future Referendums. Included in the package was Referendum 27 which will provide 50 million dollars for upgrading municipal and industrial water supplies through the remainder of this decade. During the first year of the Referendum 27 program, approximately 3 million dollars was provided to over 50 utilities to help cover pre- construction engineering and actual construction costs. Specifically, 40 percent grants are available to help defer actual construction costs, and zero interest loans may be obtained to cover pre construction engineering expenses. Projects eligible for Refer- endum 27 funding consideration include source, storage, treatment and transmission improvements. In order to obtain funding consideration, however, the City's compre- hensive water system plan must be approved (please refer to the enclosed "Referendum 27 Guidelines Therefore, may we suggest that a time schedule for making the needed improvements, contingent upon receipt of Referendum 27 monies, be established. Once this has been done, and if the time schedule is acceptable, we could proceed with approval of the comprehensive plan, thus making the City eligible for funding assistance. In summary, to qualify for Referendum 27 monies, the City's comprehensive water system plan must first be approved by this Department. However, before approval of the plan can be given, a time schedule for making the needed improvements is required. Because of this, may we suggest that a time schedule be established with the assumption that Referendum 27 funds will be available. Once this has been done, we can proceed with approval of the plan, thus making the City eligible for funding assistance. If you should have any further questions about the above, please contact me at 753 -4152. Furthermore, we would be pleased to meet with you at your con- venience in order to discuss the above topics in more detail. Mark D. Spahr District Engineer Mr. Mark_ D. Spahr, Dist. Engr. The State Dept. of Social and Health Services P. O. Box 1788 Olympia, Washington 98504 Dear Mr. Spahr: Ltty of Frirt March 6, 1974 e °s TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 The City Council in session on March 5, 1974, unanimously approved and adopted A Study of the Municipal Water System, Port Angeles, Washington, conducted by CH2M /Hill dated October 1973. The Council asked that I inquire from you what steps we must take to become eligible for State Referendum 27 Bond Funds. As you may know, we owe $1,235,000 for the replacement of our present Morse Creek Transmission Line. The interest required for this principal payment is $372,960, bringing our total financial obligation to pay for the existing Morse Creek pipeline to $1,607,960. These bonds will not be retired until 1986. The study indicates that the three most important recommendations stated in Chap- ter 2 are: 1. Begin a program of universal metering. 2. Establish a schedule for covering all uncovered reservoirs that are not to be abandoned. 3. Begin a hydro geological survey for shallow ground water source at the Elwha River. As you know, the Ranney Western Corporation from Kennewick, Washington, has con- ducted a shallow ground water source study at the Elwha River under the direction of CH2M /Hill. This study was paid for by the State Fisheries Department and its con- clusions indicate that a Ranney System of water source is available at the Elwha River location. We have made application to transfer 50 c.f. s of Elwha River surface Mr. Mark D. Spahr March 6, 1974 Page two water rights to ground water rights. The Council desires to implement the study but we desperately need a source of funds with which to assist us in doing so. Whatever information you can supply us on our requirements for qualifying for Washing- ton future assistance will be appreciated HP:mak cc: Warder CH2M /Hill Sincerely yours, Hal Puddy City Manager Mr. Bennett T. Gale, Supt. Olympic National Park Port Angeles, Washington 98362 Dear Mr. Gale: October 11, 1968 In 1937 the City of Port Angeles and the U. S. Dept. of Agriculture entered into a cooperative agreement for the purpose of conserving and protecting the water supply of the City of Port Angeles. This agreement provided that those portions of Townships 28 and 29 North and Ranges 5 and 6 West, W. M. shown on the attached map, and not privately owned, comprising of 27,500 acres, more or less, which lie within the boundaries of the Olympic National Park and within the watershed from which the water supply of the City of Port Angeles is obtained, would not be so used that the water supply of the City of Port Angeles would become contaminated. This agreement was terminated in 1965. At that time the City of Port Angeles obtained an agreement in the form of a letter from you, a copy of which is en closed. Again the agreement protected our watershed. We request that this area be so designated in your comprehensive plan so that the watershed will not become contaminated. The area is generally very rugged and not conducive to trails or camping. It would be of more value, because of its beauty, to be left in its natural state since a large portion of this area is visible from the Hurricane Ridge Viewpoint, near the tunnels. To open this area to hiking and camping would cause contamination of the water supplied to the citizens of Port Angeles.and the surrounding area. With the emphasis placed on water pollution control today, not only at the local and state level, but at the national level, we believe the public interest would be served best by prohibiting access to the Morse Creek Watershed area. Your `cooperation in this matter would be appreciated. DDH:mak Enc. Very truly yours, Donald •D D. Herrman City Manager 5. sG IN REPLY REFER TO: A414 Mr. Donald D. Herrman, City Manager City.of Port Angeles 110 West Front Street Port Angeles, Washington 98362 Dear Mr. Herrman: UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE Olympic National Park Port Angeles, Washington 98362 May 18, 1965 This concerns your request for an agreement between the City of Port Angeles and Olympic National Park for the purpose of conserving and protecting the water supply of the City. You wished an agreement similar to that entered into between the City and the United States Department of Agriculture on March 11, 1937. This covered those por- tions of Townships 28 and 29 North and Ranges 5 and 6 West, W.M., and not privately owned comprising 27,500 acres, more or less, lying with- in the boundaries of Olympic National Park and within the watershed from which the water supply of the City of Port Angeles is obtained. You are assured that we anticipate no use of the lands in question which would be detrimental to the City's water supply. In fact, it appears that the control exercised by the National Park Service is the best possible guarantee for the preservation and protection of the watershed. If future unforeseen circumstances involve use of these lands as will in the opinion of proper Federal and State authorities adversely affect the water supply you are further assured that National Park Service officials will consult with representatives of the City in an effort to find a solution to the problem. We trust these assurances will be satisfactory for your purpose. Sincerely yours, Bennett T. Gale Superintendent 1 \I na1 +d ti U ses a1Y /77/2/C PPP/ r�9 e /Vvoicipal A SS 1O �q, n dowel I vnCt cscro Y T 111 i PK 3n e l 5 7M I \t l u t IDA ,ik�_-net sN 4 copin ivy 1 SHE. OR 1 r EOFZ HOOK gNGELES Hook �L•H U.S. NAVAL &■1L• A--n.0 R as• p ort oRT GPI -+ES i i a t 5 W GA EN PT 4 Y B 2 t ate1:-.1 s kELrERt p. I 1 s 1 NE 'V t LUF B 1 WOL Gra IN REPLY REFER TO: A)4t Dear Mr. Herrman: UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE Olympic National Park Port Angeles, Washington 98362 May 18, 1965 Mr. Donald D. Herrman, City Manager City of Port Angeles 1140 West Front Street Port Angeles, Washington 98362 This concerns your request for an agreement between the City of Port Angeles and Olympic National Park for the purpose of conserving and protecting the water supply of the City. You wished an agreement similar to that entered into between the City and the United States, Department of Agriculture on March 11, 1937. This covered those por- tions of Townships 28 and 29 North and Ranges 5 and 6 West, W.M., and not privately owned comprising 27,500 acres, more or less, lying with- in the boundaries of Olympic National Park and within the watershed from which the water supply of the City of Port Angeles is obtained. You are assured that we anticipate no use of the lands in question which would be detrimental to the City's water supply. In fact, it appears that the control exercised by the National Park Service is the best possible guarantee for the preservation and protection of the watershed. If future unforeseen circumstances involve use of these lands as will in the opinion of proper Federal and State authorities adversely affect the water supply you are further assured that National Park Service officials will consult with representatives of the City in an effort to find a solution to the problem. We trust these assurances will be satisfactory for your purpose. Sincerely yours, Bennett T. Gale Superintendent S ,S(0 j They agreed to accept this, since you did not wish to make a Mr. Bennett T. Gale Superintendent 540 East Park Street Port Angeles. Washington Dear Mr. Gale: The draft of the letter, which you gave me the other day, was presented to the Council last evening. formal agreement. DDH /alh Y Pi' A;eIes TOURIST MECCA OF THE NORTHWEST 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 May 7, 1965 Yours truly, Donald D. Herrman City Manager T DRAFT 4/30/65 Mr. Donald D. Herrman, City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Dear Mr. Heirutan: This concerns your request for an agreement between the City of Port Angeles and Olympic National Park for the purpose of conserving and protecting the water supply of the City. You wished an agreement similar to that entered into between the City and the United States Department of Agriculture on March 11, 1937. This covered those portions of Townships 28 and 29 North and Ranges 5 and 6 West, W.M., and not privately owned 27,500 acres, mon or leas, lying within the boundaries of Olympic National Park and within the watershed from which the water supply of the City of Port Angeles is obtained. You are assured that we anticipate no use of the lands in question which would be detrimental to the city's water supply. In fact, it appears that the control exercised by the National Park Service is the best possible guarantee for the preservation and protection of the watershed. If future unforeseen circumstances involve use of these lands as will in the opinion of proper Federal and State authorities adversely affect the water supply you are further assured that National Park Service officials will consult with representatives of the City in an effort to find a solution to the problem. We trust these assurances will be satisfactory for your purpose. Sincerely yours, Bennett T. Gale Superintendent Mr. Donald D. Herrman City Manager City of Port Angeles 140 West Front Street Port Angeles, Washington Dear Mr. Herrman: UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE PACIFIC NORTHWEST REGION POST OFFICE 803 3623 PORTLAND OREGON 97208 The National Forest land mentioned in the March 11, 1937, Cooperative Watershed Management Agreement between the Secretary of Agriculture and the City of Port Angeles was removed from National Forest status in 1938 and placed in the Olympic National Park under jurisdiction of the Secretary of Interior. In view of this fact and the provision that the Cooperative Agreement may be terminated at any time by either party, we recognize the March 4, 1965, request for termination on the part of the City Council as a cancellation of the agreement. We shall close our file on this case. Sincerely yours, J. HERBERT STONE Regional Forester By IN REPLY REFER TO 2520 April 12, 1965 5.5Q, ORDINANCE NO. AN ORDINANCE prohibiting the installing of new taps on the City's water transmission line and further prohibiting any water user from permitting the use of water from his line by any other person or entity, without first obtaining the consent of the Water Superin- tendent of the City of Port Angeles. WHEREAS, control of the water system of the City of Port Angeles through its Water Department is essential to the welfare and health of the citizens of Port Angeles and others served by said water system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS: Section 1. No person, corporation or other entity shall tap into any water line operated by the City of Port Angeles, including the main line serving said City and all connections thereto without first having received the consent of the City Council of the City of Port Angeles. Section 2. No person or corporation receiving water from the water system of the City of Port Angeles shall permit any person, corporation or other entity to tap into or hook onto the line serving said person, corporation or other entity without the prior written consent of the Superintendent of the Water Depart- ment of the City of Port Angeles. Section 3. Any violation of the provisions of this Ordinance shall be punished by a fine of not to exceed $500.00 or imprisonment for not to exceed six (6) months or both. PASSED by the City Council of the City of Port Angeles approved by its Mayor at a regular meeting of the Council held on the 20th day of January, 1976. Attest: ,te c--. e',/ fry x-71,/ City Clerk Approved as to Form: City Attorney f <r[2 M A Y O R Published: 1- yz2.e.1G,w2 5� /97 City Council Meeting September 16, 1975 1 1 VI LEGISLATION 6. The Port of Port Angeles' letter, dated September 2, 1975, requesting the City provide the necessary electrical service on the CPR dock for mooring the U.S. Coast Guard Cutter "Campbell" in Port Angeles wa s introduced by Mayor Basom. Manager Whorton then briefly reviewed,the facts pertaining to the Ports' request. Councilman Ross moved the Council go on record as approving the City's contribution toward mooring the "Campbell" by provid- ing the necessary electrical service, estimated at approximately $8,000, contingent upon an official Attorney General ruling that said participation is determined to be a legal expenditure by the City. The motion was seconded by Councilman Haguewood. Councilman Hordyk voted "NO" on the motion, all other Councilman voted "AYE" and the motion carried. 7. Councilman Ross moved the "Purchase of Roosevelt School Site" item be taken from the table. The motion was seconded by Councilman Lukey and unanimously carried. It is noted for the record that Resolution 16 -75, adopted by Council action on June 16, 1975, stipulates that contingent upon the successful passage of the School District bond issue on September 16, 1975, the City will purchase the Roosevelt School property for $377,000, with payment terms defined as $100,000 down and the balance payable on date of possession, projected to be September, 1977. Manager Whorton's memorandum to the Council proposing the method of payment for this property was read by Mayor Basom. Briefly stated, Manager Whorton recommends revenue sharing funds finance the purchase of this site. It is also noted that to alleviate cumbersome budgetary changes and adoption of an ordinance, Manager Whorton proposes to utilize current expense reserve funds (Ediz Hook Repair) on a temporary basis for the initial $100,000 down payment, with these funds being replaced from the revenue sharing fund when the 1976 budget becomes effective. (Reference RCW 35A.33.120) Councilman Lukey moved the Council concur with Manager Whorton's recommendation and approve using revenue- sharing funds and a temporary use of Ediz Hook funds to pay for the Roosevelt School property. The motion was seconded by Council- man Haguewood and unanimously passed by the Council. 8. Councilman Wray moved the "Water Supply Source" subject be taken from the table. The motion was seconded by Councilman Hordyk and passed by the Council. For the purpose of informing the public of the City's water supply source problem currently before the Council, Mayor Basom read a letter dated September 10, 1975 received from the Washington State Department of Social ani Health Services' District Engineer, Mark D. Spahr. Subject letter con- firmed a meeting on September 9, 1975 relating to the City's water quality and restated said Department's formal request that the City in writing by October 9, 1975 as to their intentions to complete the necessary documented improvements by mid 1978, thus relieving said agency from initiating enforcement action through the Office of the Attorney General. It is noted for the record that it is the contention of the aforementioned State Department that the City's present Matte Creek water system fails to meet current and subsequent new more rigid Federal health related drinking water quality standards. The agency recommends that positive steps be taken to upgrade the water quality through implementing the recommendations dealing with water supply alternatives contained in the City's Comprehensive Water Plan. Mayor Basom then read to the Council Manager Whorton's analysis memorandum in which he recommends the Council authorize the development of cost estimates on all the required improvements along with the exploration of various ways of financing the improvements. Information gleaned from the proposed study would serve multiple purposes according to Manager Whorton, namely, the possibility exists that a feasible financial package could be developed; the study would lend support to the City's position in dealing with the D.S.H.S; it would provide data for study of the water rate structure, data processing equipment and water supply alternatives; and would also provide much more detailed information on which the Council could then make a more informed decision. 35 5. s co 3 ECity Council Meeting September 16, 1975 VI LEGISLATION 8. Continued. VII STAFF REPORTS 10475 NOTICE OF CALL FOR BIDS NOTICE is hereby given Thai• sealed bids will be received by• the City Manager, City o(. Poe:: Angeles, 140 W Front +Strbe.t. P O Box 711, Port Angeles, Washington, 98362, until '2:00 o m Tuesday, Oct. '14, 1975, and not later, and will be opened publicly at that lime for I urnishing the following equipment and•Or material:. 107 Dual voltage distribution transformers 45 7200 Volt distribution transformers and 24 7200 Volt padmount transformers Bid specifications may be obtained Irom the Light Department Office at 240 West Front Street, Port Angeles, Washington 98362 A certified check or bid bond for 5 per cent of the amount of the bid shall accompany each bid All bids to include delivery F•0, B, Port Angeles, Washington Bids will be opened and tabulated for the City Council for consideration by said Council In session Tues., Oct. 21, 1975. The Council reserves the right to consider delivery time and to accept or relect any or all bids or pny part thereof, Pub O0/1, 10, 1975 The Council discussed this matter at great length. Areas of major concern to the Council, as expressed in great detail by Councilmen Lukey, Haguewood and Ross, included the funds already expended in recent years for water studies, the validity of D.S.H.S. statistics due to the location from which the test samples were taken, the fact that the City's water supply has not proven to be a health hazard to it's citizens, the unavailable tremendous costs associated with upgrading the water supply source, estimated to be in the millions, and the apparent infringement on local authority by other governmental entities. The discussion concluded with the Council reconoiiend- ing Manager Whorton request D.S.H.S. to test our water as it leaves the reservoirs after settling and chlorination and provide the City with the statistics on bacterial count. Councilman Ross then moved this subject be tabled to the October 7, 1975 Council meeting. The motion was seconded by Councilman Olson and passed by the Council. 1. A motion was made by Councilman Wray, seconded by Olson and carried to accept and place on file August Staff reports of the Fire Dept., Municipal Judge, Parks and Recreation Dept., Police Dept., Utilities Billing Report and the July Treasurer's report. 2. Councilman Hordyk: 3. Manager Whorton: VIII ADJOURNMENT The meeting adjourned at 9:15 P.M. l(iY�.G.v g�hfic;14 City Clerk NOTICE OF CALL FOR BIDS NOTICE 15 HEREBY given that sealed bids will be received by the City Clerk of the City of, Port Angeles at 140 W. Front: Street OF said City until 2 00, P.M., October 17, 1975, for an Alarm Annunciator System to be located In the Police Building at 120 So, Oak Street, Bid specifications and Instructions are available at the Office of City Clerk. City Hall, Front and Oak Streets All bids shall be opened end tabulated for the City Council with a recommendation attached for said Council In session October 21, 1975. A certified check or bid bond for 5 per cent 01 the amount bid shall accompany each bid All bids to include delivery F.O.B., Port Angeles, Washington. The City Council reserves the right to accept or reject any or all bids or any part thereof. Marian C Parrish city Clerk Pub Sept. 21, Oci. j, 1975. First and Lincoln Property; Safety factor re: lumber sales occuring on sidewalk. Fluoridation proponent M. Baker letter to Council re: ballot proposition statement referred to Attorney Taylor; International City Management Convention will be held in Seattle from September 27 thru October 1, 1975, with Washington as host state Council granted Manager Whorton permission to attend. Mayor NOTICE OF CALL FOR BIDS NOTICE Is hereby given that sealed bids will be received by the City Manager, City of Port Angeles, 140 W. Front Street, P 0 Box 711, Port Angeles, 'Washington, 98362, until 2:00 t m Tues Oct. 28, 1975, and ,lot later, and will be Opened publicly et that time for the following used equipment: 70 2400 Volt distribution transormers and three unit substations Bid specifications may be Obtained from the Light Department Office al 240 West Front Street, Port Angeles, Washington 98362 Bud prices are F 0 B Second and Valley Streets, Port Angeles, Washington Freight and any other additional charges are the responsibility Of the successful bidder Bids will be opened and tabulated for the City Council for consideration by said Council in session Tues Nov. 4, 1975 The Council reserves the right to consider delivery time and to acceptor to reject any or all bids or any part thereof Pub Oct 17, 24, 1975 a City Council Meeting January 20, 1967 VI LEGISLATION 3. Continued. 'Councilman Hordyk moved the Council adopt the foregoing amended Ordinance as read by title by Mayor Olson. The motion was seconded by Councilman Haguewood and unanimously passed by the Council. It is noted that in compliance with RCW 35.23.400 subject Ordinance as proposed was legally published on January 16, 1976 prior to adoption. 4. Mayor Olson introduced an Ordinance entitled, ORDINANCE NO. 1871 AN ORDINANCE prohibiting the installing of new taps on the City's water transmission line and further prohibiting any water user from per- mitting the use of water from his line by any other person or entity, without first obtain- ing the consent of the Water Superintendent of the City of Port Angeles. Manager Wharton then reviewed the circumstances relating to the rir Ci"ek Water Transmission Line which resulted in subject Ordinance, which provides for the protection and controlled use of the City's main water line, being presented at this time for Council consideration. Councilman Ross moved the Council adopt the foregoing Ordinance as read by title by Mayor Olson. The motion was seconded by Councilman Wray. On the Mayor's call for discussion on the motion, Councilman Hordyk questioned the terminology contained within Section 1 of subject Ordinance which reads, "Section 1. No person, corporation or other entity shall tap into any water line operated by the;City of Port Angeles, including the main line serving said City and all connections thereto without first having received the written consent of the Superintendent of the Water Department of the City of Port Angeles." Manager Whorton explained the intent of the phraseology of this Section. Councilman Ross then moved to amend Section 1. by changing "Superintendent of the Water Department" to read "City Council Councilman Wray seconded the motion. On call for the question to adopt the foregoing Ordinance as amended, the motion was unanimously passed by the Council. 5. Mayor Olson introduced an Ordinance entitled, ORDINANCE NO. 1872 AN ORDINANCE amending Ordinance No. 1840 of the City of Port Angeles by decreasing the expendi- ture appropriation for the Street Fund of the City and transferring portions of this appropria- tion to the Water Fund, Sewer Fund, and Firemen's Pension Fund of the City. Councilman Haguewood moved the Council adopt the foregoing Ordinance as read by title by Mayor Olson. The motion was seconded by Councilman Hordyk and unanimously carried by the Council. 6. Councilman Haguewood moved Agenda Item No. 6, "Amendatory Resolution BPA" be taken from the table. The motion was seconded by Councilman Ross and passed by the Council. Mayor Olson then read by title the following Resolution: RESOLUTION NO. 2 -76 A RESOLUTION of the City of Port Angeles approving Amendatory Agreement between the United States of America, Department of the Interior, and the City of Port Angeles, Washington, amending a Power Sales Contract between the parties as amended (Contract No. 14 -03- 59315). 71 City Council Meeting February 17 1976. VI LEGISLATION 5. Continued. Mr. Merry, and a D.S.H.S. letter concerning the City's Interstate Carrier Rating as of January 28, 1976. At Mayor Olson's request Manager Whorton reviewed the City's water quality problem to date and indicated that the State Department of Social and Health Services has strongly recommended that the City go to the Elwha River as a source of water supply as the City's Fn C$k water system fails to meet Federal and State water quality standards. The Council devoted considerable discussion to this subject. Alternatives and possibilities which were discussed at length included the installation of a filter plant on Metre Cleek, a Ranney Collector System on the Elwha River in conjunction with the State Department of Fisheries and the financial cooperation of the Lower Elwha Band of Clallam Indian Tribe re the Elwha Proposal. S. Goerz, Chairman of the Clallam County Committee of Fisheries, discussed with the Council the possibility of funds being available from the State Department of Fisheries for the Elwha project and Gerald Charles, Sr., Chairman of the Elwha Indian Band discussed the possibility that funds granted to the Clallam Indian Tribe for fisheries enhancement might be utilized for the Elwha project. Councilman Ross expressed the opinion that the Morse Cte k System should not be abandoned at this time and requested the filtration plant alternative be explored further. It was Manager Whorton's recommendation at this point that the Council authorize a request to D.S.H.S. for a one week extension of the February 20, 1976 notifi- cation date to allow time for the exploration of the filtration plant alternative and the discussed financial proposals and that a work session be scheduled to discuss the findings. The Council authorized Manager Whorton to request a one week extension from D.S.H.S. and a work session was scheduled for Tuesday, February 24, 1976 at 7:30 P.M. 6. Councilman Hordyk moved the minutes of the Park and Beautification Board January 15, 1976 meeting be accepted and placed on file. The motion was seconded by Councilman Wray and passed by the Council. 7. The Council passed over for delayed consideration appoint- ments to the Board of Adjustment, Park Board, Planning Commission and Civil Service Commission. One or more members on each of these designated Boards and Commissions term of office expires on March 1, 1976. 8. Councilman Hordyk moved the Clallam County Humane Society January 1976 Report be accepted and placed on file. The motion was seconded by Councilman Anderson and carried. 9. At Councilman Wray's recommendation, the Council took under consideration and discussed an increase in the rate for parking violations from $0.50 to $1.00. The rates have not been increased since June 9, 1949. Councilman Hordyk then moved the Council authorize an increase in parking violates rates from $0.50 to $1.00. Councilman Wray seconded the motion and it carried wih Councilman Ross voting "NO." An Ordinance will be presented at the next Council meeting to effect the rate change. 10. Manager Whorton reported to the Council concerning the possibility that Port Angeles may be deleted from the ser- vice schedule of the British Columbia ferry, the Princess Marguerite and recommended the Council authorize a letter to the British Columbia Transport Minister requesting Port Angeles remain on the Princess Marguerite ferry schedule. Councilman Ross then moved the Council direct Manager Whorton to write subject letter. The motion was seconded by Council- man Hordyk and passed by the Council. 81 City Council Meeting April 20, 1976 VI LEGISLATION 11. Councilman Hordyk moved the Council authorize Manager Whorton to proceed with legal proceedings, if necessary, for the collection of Mr. J. Willis' delinquent water bill. The motion was seconded by Councilman Anderson and carried with Councilmen Ross and Haguewood abstaining. Manager Whorton reported a meeting has been tentatively scheduled for Monday, April 26, 1976, with Mr. Willis to discuss this matter. 12. Manager Whorton reported on the substandard condition of the City owned rental property located at 808 South Valley and requested Council authorization for demolition of the house and the garage and to clear the site. Councilman Ross moved the Council authorize demolition of the buildings, and the site cleared, at 808 South Valley Street. The motion was seconded by Councilman Hordyk and passed by the Council. The possi- bility of demolition with the Fire Department burning the buildings will be investigated, and, as an alternate, the work experience program will be explored. 13. Agenda Item No. 13, "Mobile Concessionaires" was left on the table. 109 14. Councilman Hordyk moved that Councilmen Ross, Wray and Anderson be designated as voting delegates representing the City of Port Angeles at the 1976 AWC annual convention June 15 -18, 1976 in Spokane, Washington. The motion was seconded by Councilman Haguewood and carried. 15. Councilman Haguewood moved the minutes of the Park and Beautification Commission March 11, 1976 meeting be accepted and placed on file. The motion was seconded by Councilman Hordyk and carried. 16. Councilman Haguewood moved the minutes of the Civil Service Commission March 22, 1976 and April 8, 1976 meetings be accepted and placed on file. The motion was seconded by Councilman Hordyk and carried. 17. Notification from the Washington State Liquor Control Board of application for transfer of Class H Liquor License from Ross E. Wait, Michael A. Wait and George Lindell, dba the Cedars, to Charles Elyman and William A. Branberg, dba The Bushwhacker at 1527 East First Street, Port Angeles, Washington is noted for the record. 18. Manager Whorton reported concerning a letter received by the City from John A. Beare, M. D., Director of the Washington State Department of Social and Health Services relating to the City Water supply. The letter states that in accordancw with WAC 248 -54 -460 the Department formally orders the City to commence water system improvements by either constructing a filtration plant on the City's MAXPIE Creek water supply or by developing an alternate source of water on the Elwha River by use of Ranney Collectors, and concurrently develop a time schedule for implementation of the alternative selected. The City is to commit to the Department the alternative selected and shall submit in writing the time schedule no later than May 10, 1976; if the City fails to comply with the terms of the order, the Department will seek to enforce the order by legal proceedings. Manager Whorton requested direction from the Council regarding this order. Attorney Taylor reported that the Attorney General has advised the city that failure to comply with the State order will initiate legal proceedings against the City in the form of a court injunction. Mr. Taylor also re- quested Council direction relating to successfully defending the City in this matter; the Council did not issue such direction. After discussing the matter, the Council authorized Manager Whorton to inform the Washington State Department of Social and Health Services that the Council is taking no action on the letter and does not anticipate taking any action. It was the concensus of the Council that they prefer a Judge direct the City to comply with the State's order. 19. Mayor Olson read a letter directed to Mr. Jack Graham, Office of the Secretary of State, authored by James R. McMahon. Mr. McMahon requested his letter be publicly read by Mayor Olson and be madea part of the record of the Council. In his letter, Mr. McMahon insists Mr. Graham's office and the Governor examine for possible falsification of records the Annual Report filed in Mr. Graham's Office February 11, 1976 by the MORSE CREEK WATER TRANSMISSION LINE STUDY /I-025-2_5" 5.5G OFFICE COPY In March, 1924, the City of Port Angeles purchased the North Pacific Public Service Company's Water Works System, at a cost of approximately $534,000. This system was purchased iri two parts. We paid $280,000 for that part of the system lying outside of the City and we paid $254,000 for that part of the system lying within the City. This purchase included a dam and damsite on Ennis Creek, all rights of way, all real estate, and water rights. At approximately this same time, the City decided to purchase, on Morse Creek, a site which would be suitable for the construction of a new dam; also to construct a wooden transmission line to carry water from the new dam to a Proposed Peabody Heights Reservoir (see Ord. #758) These projects were to be purchased and constructed at a total approximate cost of $625,000. To pay for this new system, the City created by Ordinance #758 a Municipal Water Works Bond Fund and sold negotiable bonds in the amount of $625,000 with interest not to exceed 6 per annum. Construction on the wooden transmission line began in 1925. The line being seven miles in length and consisted of 3.7 miles of 24" continuous stave pipe and 3.3 miles of 20" wire wound pipe; it had 7 tunnels ranging from 67 feet to 700 feet in length; 3 of these tunnels were through rock and 4 were in dirt. All gulches were crossed with steel pipe; there were 20 6" blow off valves; 7 6" vents; and 23 automatic air valves. _,2_ Prior to construction, easements were obtained from only part of the property owners. Of the easements we did acquire, evidence shows that the City offered the property owners the rights to a tap on the water line and the use of water at a reasonable rate. In 1941, efforts were made to complete the inventory of ease- ments on this line to protect, both the City and the property owners, of property through which the line was laid, from possible damages. Much of this right -of -way was granted to the City with Clallam County as the grantor. Over all of this county land, there was no mention of a water tap being made available. Years later, the City realized that significant quantities of water were being lost through faults in the wooden line and in 1959, the City decided to replace the wooden line with a new steel concrete line. The decision was also made to construct this new line adjacent to the existing line (refer to Ordinances #1444 and 1445). This in turn called for a wider rights- of- way.and made it necessary for the City to secure new easements throughout the length of the line. The City found much of the County land, through which the wooden line was laid, had been sold and this required procuring many new easements, and it became necessary for the City to initiate condem- nation proceedings on those properties that refused to grant ease- ments (refer to Ordinances #1435 and 1461). This condemnation action enabled the City to obtain some easements by settling out of court, but condemnation was necessary in one case resulting in the City r, -3- acquiring this right -of -way (refer to Ordinance #1439). Sub- sequently, the right -of -way for the entire line was obtained. Two methods of payment were used in acquiring the right -of- way: 1. Cash payment with no water tap allowed. 2. Property owner to receive one or more water taps in lieu of money, with a condition of a flat rate charge for water, based on current and future rates. Those people who were getting water from the old wooden line, but for some reason were not involved in any of the easement, negotiations for the new line were allowed metered water only. All of the easements lying west of Golf Course Road were eliminated and those property owners were then placed on our regular water main system and charged the regular water rates. k NOTES OF INTEREST 1. Approximately 1967, City Attorney Moffett rendered a verbal opinion to Public Works Director John Warder that any tap owner on the City's water transmission line may supply water: to any number of property owners to the maximum supply afford- able from his tap. This has prevented the City from having tighter controls in the past, and if this opinion stands, it will curtail our control in the future. 2. In 1969, a landslide occurred, causing a break in the water transmission line. The city crew traversed over Leslie Whitty's property and moved great quantities of earth in order to repair and secure the line. In lieu of payment for the inconvenience, the City granted and installed one (1) 3/4" tap on the Whitty property. In 1960, Mr. Whitty had been paid $1,582,50 for an easement over his property. 3. An easement. from Delbert and Hazel Kelly as Grantors and the City as Grantee indicates the City made a payment of $450 for the right -of -way. Reference is made to an instrument dated November 5, 1931 between Benjamin and Isabel Phillips as Grantors and the City of Port Angeles as Grantee. Whereby there is to be no charge for the use of water from the tap associated with that Notes of Interest Page --2- property. This is the only agreement, to our knowledge, which allowed the property owner free water. This property is now owned by Phil Lassila and is located on Golf Course Road. 4. In discussing the possibilities of installing a new tap on the water transmission line, the Water Department informed me that all taps were placed in the pipe at the time of manufacture, and since, the pipe is steel with a concrete lining. They state that the drilling, necessary for the installation of a tap, would break, chip and crack the concrete lining and consequently reduce the life expectancy of the pipe. TABULATION OF EASEMENTS AND TAPS 39 Easements were required and received on the water transmission line. 23 Easement grantors received cash as payment for right -of -way. 20 The remaining 16 easement grantors requested 20 taps as payment for the right -of -way. Two of these grantors requested 3 taps each. 26 The "As Built" drawings indicate 26 taps installed by the contractor. 1 Tap was installed by the City (see Note of Interest #2) 27 Total taps on the Water Transmission Line. 11 Customers are on a metered system (Exhibit "A 25 Customers are on a flat rate system (Exhibit "B 12 Customers are not paying for the use of water (Exhibit "C 48 Total customers are being served from the transmission line. Customers 34 Customers are being served from 8 taps (see Notes of Interest #1 and Exhibit "D Taps 8 12 Customers are being served from their own tap. 12 Three (3) potential customers, each with a tap not in use, 3 Two (2) tap owners are not known and the taps are not in use, 2 One (1) tap owner being served from another line tap not in use 1 Public Utility District has a 4" tap 1 2 Two (2) customers are being served from an 8" stub on Golf Course Road. These two customers had received water from the old wooden line 48 Total Customers Total Taps 27 i Tabulation of Easements Taps Page -2 The tabulation shows six (6) taps not in use. Of the six taps, we find: 2 Tap owners, we are enable to determine ownership 1 Tap owner, David Randall 1 Tap owner, Leslie Whitty 1 Tap owner, Frank Wonder 1 Tap owner, Shermon Iverson These taps, which are located on the water line are the property of the land owner through which the transmission line was constructed, and these property owners may exercise their rights to the use of water from these taps at any time. CUSTOMER METERED ACCOUNTS ON TRANSMISSION LINE 1.XO. W. Harper Rt. 4, Box 740 Port Angeles, WA 98362 2.K Robert Van Ausdle Rt. 4, Box 752 Port Angeles, WA 98362 3.x Tom Martin, Sr. Rt. 4, Box 743 Port Angeles, WA 98362 4. Dr. Lon W. Riggs o,u 44/kHz 1,s(7LA £emu -�r�TC Rt. 4, Box 1027' Port Angeles, WA 98362 5. Gayle Freehill Rt. 4, Box 723 (Brown Road) Port Angeles, WA 98362 6. Gary Lappier Rt. 5, Box 60 (Golf Course Road) Port Angeles, WA 98362 7. Harvey Hollatz Rt. 5, Box 48 (Maddock Road) Port Angeles, WA 98362 8. /Harold Layman Rt. 5, Box 49 (Maddock Road) and 7Mr. Yaun Rt. 5, Box 49A (Maddock Road) Port Angeles, WA 98362 EXHIBIT "A" 9. Dale Woodside 6" Rt. 5, Box 51 (Golf Course Road) Port Angeles, WA 98362 (Both on same meter) [9ceW 4p 2 ,g 41<) Exhibit "A" Page -2-- 10. Arley M. Boyd an Rt. 5, Box 36 (Golf Course Road) Port Angeles, WA 98362 11. Fritz Conrad Rt. 5, Box 39 (Golf Course Road) Port Angeles, WA 98362 CUSTOMER FLAT RATE ACCOUNTS ON TRANSMISSION LINE 1. 'Irvin E. Schiesel Rt. 4, Box 1004 (Mt. Pleasant Road) Port Angeles, WA 98362 2. /Gary H. Brock Rt. 4, Box 714 Port Angeles, WA 98362 3. X Keith Taylor Rt. 4, Box 726 (Brown Road) Port Angeles, WA 98362 4. /Elmer Reandeau Rt. 4, Box 705 Port Angeles, WA 98362 5. Max Rantalla Rt. 4, Box 711 Port Angeles, WA 98362 6.X Tom Martin, Jr. Rt. 4, Box 734 Port Angeles, WA 98362 7. >Leonard Brouillard Rt. 4, Box 1030 (Mt. Pleasant Road) Port Angeles, WA 98362 8. 'Robert Keister P. 0. Box 683 Port Angeles, WA 98362 9. /Doug Gilleland Rt. 4, Box 1086 Port Angeles, WA 98362 10., John Baker Rt. 2, Box 1028 Port Angeles, WA 98362 11.E Duane Catract Rt. 4, Box 1095 Port Angeles, WA 98362 EXHIBIT "B" X %ty Ougici re Exhibit "B" Page -2- 12.x Vernon A. King Rt. 4, Box 1021 Port Angeles, WA 98362 13. Albert Brinkman Rt. 4, Box 1012 Port Angeles, WA 98362 14. L. R. Adkins Rt. 4, Box 767 Port Angeles, WA 98362 15./ Bill English Rt. 4, Box 1015 Port Angeles, WA 98362 16. /Stanley Peterson Rt. 4, Box 1006 (Mt. Pleasant Road) Port Angeles, WA 98362 17. /Allen McNeece Rt. 4, Box 1024 (Mt. Pleasant Road) Port Angeles, WA 98362 18. 'Walter. Rushton Rt. 4, Box 1018 Port Angeles, WA 98362 19.x E. J. Neske Rt. 5, Box 63 (Golf Course Road) Port Angeles, WA 98362 20./ Lance Adams Rt. 4, Box 720 Port Angeles, WA 98362 21.x Gerald Archibald Rt. 4, Box 751 Port Angeles, WA 98362 24. /D. L. Fairchild Rc. 5, Box 27 Port Angeles, WA 98362 rir-O-YA/ 22. 'John Rebelos (renting from Max Schmuck, Jr.) Rt. 5, Box 57 Port Angeles, WA 98362 23. JJoe Braly Rt. 4, Box 1005 Port Angeles, "WA 98362 Exhibit "B" Page -3-- G 25. 'Stanley Milks P� r� f Rt. 5, Box 30 Vl Port Angeles, WA 9836 LIST OF CUSTOMERS NOT PAYING FOR USE OF WATER 1. Ray W. Noble 0 Rt. 4, Box 1003 Port Angeles, WA 98362 Connected to well, but in times of need uses city water from faucet in yard. Our worry in regard to this is a cross con- nection. 2./ Walter Williams Rt. 5, Box 45 (Maddock Road) Port Angeles, WA 98362 3. /Richard Sidwell Rt. 4, Box 724 Port Angeles,, WA 98362 4.d Ray Balch Off Lindenburg Road down in Canyon Port Angeles, WA 98362 5. Gordon Grall Rt. 4, Box 1026 (water from Rushton) Port Angeles, WA 98362 6. David Randall Rt. 4, Box 708 Port Angeles, WA 98362 7. Clara Bednarek Rt. 4, Box 717 Port Angeles, WA 98362 8. Dan Provo PV Rt. 5, Box 24 9. /Mr. DeMott Y Port Angeles, WA 983 10. William Pirnke Rt. 5, Box 33 Port Angeles, WA 98362 11. Phil Lassila Golf Course Road Port Angeles, WA 98362 12. s Beaudette Rt. 5, Box 57 -A Port Angeles, WA 98362 EXHIBIT "C" (See Notes of Interest f3) 6 Conrad 64 1" Tap Fairchild F Micks F Piruke N Provo N Demottw 4 Keister 7 City Installed 2" Tap Reandeau F Randall N Bednarek N Freehill M Sidwell Brock F Adams 3 English F 7 Rushton r• 2 Williams ey 1" Tap Balch N 2 Schmuck 1" Tap Baker F Catract F GillelaudF 2" Tap Schisel F Peterson F 2" Tap Grail N McNeece Riggs M Noble N Braley F Brinkman F 1" Tap Rebelos F Beaudette N EXHIBIT "D" 3 Hollatz M 1" Tap Yaun S ow 1 /1.07A2 Layman 34 Total customers on Eight taps. (See Notes of Interest p1) 4 vrrere FL4re4 -r /V klo /'4-y Supplies two additional families ,Supplies five additional families Supplies three additional families Supplies six additional families Supplies two additional families Supplies six additional families Supplies one additional family (Rental Property) Supplies two families OBSERVATIONS Regarding Mrs. Bednarek`s request for a tap (See notes of Interest #4), we find of those taps not now in use, the tap located nearest Mrs. Bednarek is the Randall tap. We have shown earlier that Mr. Randall is being supplied water from a two inch (2 line which was installed on the transmission line to enable the City to service a number of homes in that area. A number of these homes were not involved in our right -of -way needs. Mrs. Bednarek is at the present time being supplied from this line. Our records indicate that Mrs. Bednarek has never paid for the use of this water. The tap Mrs. Bednarek has requested will no doubt have to be the Randall tap. I believe our attorney should check the legal aspects of this or possibly, we should require Mrs. Bednarek make an agree- ment, under our supervision, with Mr. Randall, We also find that twelve customers on our water transmission line are not paying for the use of water that is being supplied to them (see Notes of Interest #1). On Exhibit "C" (customers not paying for the use of water) we find the names of Walter Williams and David Randall. Each of these customers are entitled to a tap on the transmission line through the purchase of their property from a previous easement grantor. Mr. Williams is using water from his tap and should be paying a flat rate for that use. Mr. Randall is not connected -to his tap, but is being supplied water from a two inch (2 line located near his property. I feel we have a legal right to request he pay for the use of that water, November 25, 1975 R. E. Parrish RECOMMENDATIONS TO WATER TRANSMISSION LINE STUDY 1. Allow no new water taps on the water transmission line. 2. Mr. Joe Braley and Mr. Ray Noble have the use of a water well in addition to a connection to the City water supply. In these cases, there is the possibility of contaminates getting into the City water system by means of a cross connection. In these cases, we recommend the installation of a back flow preventor and a curb stop; discontinue the use of the well water; or dis- continue the City water service. 3. Any and all water customers being served from the City owned two inch (2 line shall be placed on a meter system immediately. Any new customers connecting to this line shall be required to do the same. 4. Request an opinion from attorney Taylor regarding the multiple hook -up on various taps. We need an opinion in our favor to establish control of customers on the transmission line. 5. Install curb stops on all water service lines with the exception of those belonging to the tap owners. This would enable us to turn water on and off for the customers. Recommendations Page -2- 6. Require Walter Williams, a tap owner, to pay for his water service. The easement dictates that he should be paying a flat rate for this service. 7. The billing of all customers being served water from the trans- mission line should be placed in one meter book. This would simplify the work for the meter reader and the billing clerk, and place us in a better position to determine when people move into and out of these houses. This in turn would tell us whom to bill for the water service. 7 Tap Owner: Hollatz (M)! 1" Tap Yaun Layman Keister (F) 1" Tap Baker (F) Catract (F) Gilleland (F) MULTIPLE CONNECTIONS PER TAP LEGEND: M: Meter Account F: Flat Rate Account N: Do Not Pay on one meter, share cost Conrad (M) 1" Tap Fairchild (F) Micks (F) Total of this account is being Pirnke (N) billed on Conrad's meter. The Provo (N) f :C remaining customers should not be DeMott (N) billed at all. Multiple Connection Page -2- City Installed 2" Tap Reandeau (F) Randall (N) Bednarek (N) 'Freehill (M) Sidwell (N) Brock (F) Adams (F) English (F) 2 "_$,Tap Schisel (F) Peterson (F) Rushton (F) 2" Tap Grall (N) McNeece (F) Riggs (M) Noble (N) Braley (F) Brinkman (F) Williams (N) 1" Tap Balch (N) Multiple Connections Page -3- Schmuch (Rental Property) 1" Tap Relelos (F) Beaudette (N) This tabulation indicates norrhythm to the method used in establishing charges for the use of water, and with one exception, we should charge every account according to the flat rate schedule. The exception is the Conrad Tap; in this case, Mr. Conrad is a metered account arid all water supplied to other parties is being accounted for through the meter. As you will note, two customers a "re being billed the flat rate and three are not being charged. None of these five customers should be billed by the City, All should pay their fair share of metered water to Conrad. ORDINANCE NO. /12/;;;7'5-- ;r ing areas of Clallam County, Washington: AN ORDINANCE of the City of Port Angeles ordering and pro- viding for the condemnation under the right of eminent domain by the City of Port Angeles of a right -of -way to be used for the maintenance, replacement, repair and j extension of the presently existing City water line from Morse Creek to the City of Port Angeles, over and across certain tracts of land located in Sections 19, 29 and 32 of Township 30 North, Range 5 West of Willam- ette Meridian, Clallam County, Washington, and declaring a public necessity. The City Council of the City of Port Angeles do ordain as follows: Section le That the City Attorney of the City of Port Angeles be, and is hereby, authorized and directed to institute and prosecute to final determination in the Superior Court of the State of Washington for Clallam County, an action in the name of said City of Port Angeles for the condemnation of a right -of -way to be used for the maintenance, replacement, repair and extension of the presently existing City water line from Morse Creek to the City of Port Angeles, consisting of a strip of land 30 feet wide of the center line of the presently existing Port Angeles water transmission line from the Morse Creek intake structure to the existing Peabody Heights nservoir just South of the City of Port Angeles in Clallam County, Washington, over and across property of which the center line is located 10 feet Northerly and Easterly; owned by or reputedly owned by the following persons in the follo.,r;• (e) E. M. Morrison Northwest Quarter (NW 4) of Southeast Quarter (SE4), and the Southwest Quarter (SW4) of the Southeast Quarter (SE4) of Section 29, Township 30 North, Range 5 West, W.M. (f) John Baublits Southwest Quarter (SW4) of the Northeast Quarter (NE4) of Section 32, Township 30 North, Range 5 West, W.M. (a) James Hughes Northeast Quarter (NE%) of the Northwest Quarter (Nw4) of Section 19, Township 30-.- North, Range 5 West, W.M.; Northwest Quarter (NW4) of Southeast Quarter (SE4) of Section 19, Township 30 North, Range 5 West, W.M. (b) Thomas V. Young Lot Seven (7), Block One (1), vacated Victoria Addition (Vol. 2 of Plats, page 22, records of Clallam County Auditor) (c) Frank Mathis Northwest Quarter (NW4) of Southeast Quarter (SE4) of Section 19, Township 30 North, Range 5 West, W.M. (d) Leslie E. Whitty Southeast Quarter (SE4) of Southeast Quarter (SE4) of Section 19, Townshj.p 30 North, Range 5 West W.M. Section 2. That it is in the best interests of the City of Port Angeles and a matter of public necessity that the right- of-way referred to in Section 1 be acquired. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of said Council held on the 18th day of June, 1959. ATTEST: Gs, City Clerk APPROV AS TO FORM: 04 City At ney PUBLISHED: r; f f MaY4r AN ORDINANCE of the City of Port Angeles ordering and pro- viding for the condemnation under the right of eminent domain by the City of Port Angeles of a right -of -way to be used for the maintenance, replacement, repair and extension of the presently existing City water line from Morse Creek to the City of Port Angeles, over and across certain tracts of land located in Section 29, Township 30 North, Range 5 West of Willamette Meridian, Clallam County, Washington, and declaring a public necessity. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. That the City Attorney of the City of Port Angeles be, and is hereby, authorized and directed to institute and prosecute to final determination in the Superior Court of the State of Washington for Clallam County, an action in the name of said City of Port Angeles for the condemnation of a right -of -way to be used for the maintenance, replacement, repair and extension of the presently existing City water line from Morse Creed to the City of Port Angeles, consisting of that portion of land lying between a line ten East of the presently existing City water line of the City of Port Angeles and the West line of the West Half (W1/2) of the Southeast Quarter (SE of Section 29, Township 30 North, Range 5 West of Willamette Meridian, Clallam County, ORDINANCE NO. 7 Washington, over and across property owned or reputedly owned by E. M. Morison. Section 2. That it is in the best interests of the City of Port Angeles and a matter of public necessity that the right- of-way referred to in Section 1 be acquired. 0• PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of said CounCil held on the P day of ATTEST: 6 City Clerk APPROVED AS TO FORM: City Attorney 4_ 4 PUBLISHED: LI 7 1959. Nay 'pr BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows: Section 1. The existing domestic waterworks utility of the City of Port Angeles is, in part, in such condition that the public health, welfare, safety and convenience require, and it is advisable, that the additions to and betterments and exten- sions of the domestic waterworks utility of the City hereinafter provided for be made. The words "waterworks utility of the City" shall hereinafter mean the domestic water system of the City solely and shall not be deemed to include the Elwha Industrial Water System. AN ORDINANCE specifying and adopting a system or plan of additions to and better- ments and extensions of the domestic water- works utility of the City of. Port Angeles, Washington; declaring the estimated cost thereof as near as may be; providing for the issuance and sale of not to exceed $2,000,000.00 par value of water revenue bonds in one or more series to obtain funds with which to pay the cost of said system or plan; creating a special fund to provide for the payment of said bonds; authorizing and directing the City officials to proceed with the improvement; and ratifying the action of the City Council in heretofore calling for bids on a portion of the improvement. Section 2. The gross revenues and benefits to be derived from the operation and maintenance of ,the waterwork util- ity of the City and the additions, extensions and betterments CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO, /I /9 thereto herein provided for at the rates to be charged for water on the entire domestic utility will, in the judgment of the City Council, be more than sufficient to meet all expenses of opera- tion and maintenance thereof and to permit the setting aside into s .s6 a special fund out of the gross revenues of the waterworks util- ity of the City of sufficient amounts to pay interest on the bonds herein authorized to be issued as such interest becomes due and payable, and to pay and redeem all of said bonds at maturity. Section 3. The City of Port Angeles hereby specifies and adopts a system or plan for making additions to and better ments and extensions of the existing waterworks utility of the City, all as more particularly set forth in "Exhibit A," attached hereto and by this reference incorporated herein. There shall be included in the foregoing the acquisi- tion and installation of all necessary valves, fittings, couplings, connections, equipment and appurtenances, and the acquisition of any easements, rights -of -way, water rights, and land that may be required; and there shall be included the performance of such work as may be incidental and necessary to the foregoing con- struction and installation. The City Council may modify the details of the foregoing system or plan where in its judgment it appears advisable, pro- vided such modifications do not substantially alter the purposes hereinbefore set forth. Section 4. The life of the foregoing additions, better- ments and extensions is hereby declared to be at least thjrty years. Section 5. The estimated cost, as near as may be, of the aforesaid system or plan of'additions, extensions and better- ments is hereby declared to be $2,000,000.00. Section 6. The cost of acquiring, constructing and making the foregoing additions to and betterments and extensions of the waterworks utility of the City shall be paid from the 2 proceeds received from the issuance and sale of water revenue bonds in an amount of not to exceed $2,000,000.00 par value. It is the intention of the City to acquire and construct and com- -4 plete such portions of the foregoing system or plan of additions to and betterments and extensions of the waterworks utility of the City as from time to time the City Council shall deem advis- able. .The bonds shall be issued in one or more series at such times as the City Council shall deem advisable. The bonds shall be entitled "Water Revenue Bonds, 1960," with series designation following, if issued in series. The bonds shall bear interest at a rate or rates not to exceed 6% per annum, payable semi- annually, and shall be numbered from "one" upward, consecutively, within each series as issued. The bonds shall be issued in such series; shall be in such denominations and form; shall bear such date or dates and interest rate or rates; shall be payable at such place or places; shall mature serially in accordance with such schedule, beginning not earlier than one year after date of issuance and ending not later than thirty years thereafter or shall be term bonds; shall have such option of payment prior to maturity; shall guarantee such coverage and collection of rates; shall provide for „such additional funds and accounts; and shall contain and be subject to such provisions or covenants as shall be hereafter provided by ordinance. Section 7. There shall be and hereby is created and established in the office of the Treasurer of the City of Port Angeles a special fund to be known as "Water Revenue Bond Fund, 1960,” which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the bonds, and on any bonds which maybe hereafter issued on a parity of lien with the bonds authorized herein under such terms and conditions as the City Council may hereafter prescribe. From and after the date of issuance of said bonds and so long thereafter as bonds are outstanding against said "Water Revenue Pond Fund, 1960," the City Treasurer shall set aside and pay into such fund out of the gross revenues of the waterworks utility now belonging to or which may hereafter belong to the City, including all additions, extensions and betterments thereof at any time made, a fixed amount without regard to any fixed proportion, namely, an amount sufficient to pay the principal of and interest on all bonds pay- able out of said fund as they respectively become due and to create such surplus and reserve, if any, that may hereafter be prescribed by ordinance. The gross revenues from the said system are hereby pledged to such payment and the bonds herein authorized shall constitute a charge or lien upon such revenues prior and superier.to.any other charges whatsoever, excluding charges for maintenance and operation, PROVIDED, HOWEVER, that if the City Council shall hereafter make provision for the issuance of bonds on a parity with the bonds herein authorized to be issued upon such.terms and conditions as the City Council may hereafter pre- scribe, the charge or lien upon such gross revenues for the bonds herein authorized shall be on a parity with the charge or lien upon such gross revenues for such additional parity bonds. Section 8. The City Council and corporate authorities of the City of Port Angeles, Washington, hereby declare that in creating the said special fund and in fixing the amounts to be paid into it; as set forth herein, they have exercised due regard for the cost of operation and maintenance of the waterworks util- ity of the City, and the City of Port Angeles has not bound and obligated itself and will not bind and obligate itself to set aside and pay into such special fund a greater amount or propor- tion of the revenues of the waterworks utility of the City than in the judgment of the City Council will be available over and above such costs of maintenance and operation, and that no por- tion of the revenues of the waterworks utility of the City has been previously pledged for any other indebtedness. Section 9. The proceeds of the sale of the foregoing bonds shall be used for the sole purpose of making the additions to and betterments and extensions of the waterworks utility of the City as herein authorized and of paying the cost and expense connected therewith, and the City of Port Angeles, through its proper officers and agents, shall proceed with the making of said improvements and the calling of bids therefor in the manner pro vided by law; PROVIDED, HOWEVER, that the action of the City Council in heretofore calling for bids for the construction of the two reservoirs described in subparagraphs 1 and 2 and the items described in subbaragraphs 7, 8, 9 and 10 in "Exhibit, A, attached hereto, is in all respect: ratified, approved and con- firmed. PASSED by the City Council of the City of Port Angeles, Washington, and APPROVED by its Mayor at a regular meeting held on the 3rd day of December, 1959. ATTEST: CITY CLERK AP PR CITY ITT% 1, 1 ;7 5 r4AYOR 1 EXHIBIT "A" The City shall construct and install reservoirs, supply line and connecting lines of the approximate size and location hereinafter sete' forth: 1. 2 mi11ion gallon Reservoir located at 9th and Jones Street. 2. 7- million- gallon Reservoir located on the east bank of Tumwater Canyon adjacent to the south boundary of Section 16, Township 30N, Range 6 WM. 3. A supply line consisting of approximately 18,700 lineal feet of 24 -inch concrete cylinder, steel or other substantial and permanent pipe and 17,700 lineal feet of 20 -inch concrete cylinder, steel or other sub- stantial and permanent pipe. The new supply line to be located parallel to the existing .supply line which runs from Morse Creek Dam in a north- westerly direction to the existing Reservoir No. 1 located on Peabody Heights. 4. A 30 -inch concrete cylinder, steel or other substantial and permanent connecting line from Reservoir No. 1 north to Park Avenue, a distance of approximately 1,170 feet; thence a 24 -inch line north to Lauridsen Boulevard and Albert Street, a distance of approximately 1,370 feet. 5. A 24 -inch concrete cylinder, steel or other substantial and permanent connecting line intersecting the 30 -inch line on Park Avenue; thence west on Park Avenue to the new 7- million gallon reservoir, a distance of approximately 7,200 feet. 6. A 20 -inch concrete cylinder, steel or other substantial and permanent connecting line from the new 7- million gallon reservoir; thence north along Miller Street, a distance of approximately 600 feet; thence northwesterly across Tumwater Canyon to the west: bank, a distance of approximately 700 feet; thence west 300 feet to "C" Street Extension; thence north on "C" Street Extension, a distance of approximately 2,670 feet; thence westerly on Lauridsen Boulevard, a distance of approximately 1,030 feet; thence north on "E" Street, a distance of approximately 3,180 feet to the existing Reservoir No. 2 located at llth and "E" Street. 7. A 16 -inch concrete cylinder, steel or other substantial and permanent outlet line from the new 2- million- gallon reservoir west on 9th Avenue, a distance of approximately 550 feet. 8. A 14 -inch concrete cylinder, steel or other substantial and permanent inlet line from the new 2- million- gallon reservoir west on 9th Avenue, a distance of approximately 230 feet. 9. An 8 -inch steel or .cast-iron pipe drain line from the 2- million- gallon reservoir to a manhole on 9th Avenue, a distance of approximately 400 feet. -2- 10. A 12 -inch concrete overflow line from the 2- million gallon reservoir to a manhole on 9th Avenue, a distance of approximately 400 feet; thence east on 9th Avenue 180 feet. 11. Valve pits, manholes, meter pits, and other appurtenant structures for the facilities. 1 ORDINANCE NO.,/ �J 115°' AN ORDINANCE declaring an emergency and providing for the expenditure of funds not provided for in the annual budget for 1959 to be used to pay expenses in connection with the reconstruction of the Morse Creek domestic water pipeline. i WHEREAS, numerous breaks have occurred in the Morse Creek domestic water pipeline in the year 1959, and it has become immed- iately necessary for the City of Port Angeles to undertake the re- construction of said pipeline, which event was not reasonably fore- seeable at the time of the adoption of the 1959 budget; and WHEREAS, the City Council has previously established a Con- struction Fund for the reconstruction of said pipeline, and there is now available in said fund amounts in excess of $45,000.00; and WHEREAS, engineering costs have been incurred in doing field work and preparation of plans for the reconstruction of said pipeline; and WHEREAS, an emergency exists in the water pipeline situa- tion; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES that the sum of $45,000.00 is transferred from the Water Construction Fund to a Domestic Pipeline Reconstruction Fund to be used to•pay costs of engineering services and land acquisition and other matters related to the pipeline reconstruction, includ- ing the reimbursement to the Water Department Fund Engineering Service the amount of $6,463.00. 1959. ATTEST: INTRODUCED this 3rd day of December, 1959. PASSED by the unanimous vote of the Council members present this of December, 1959. APPROVED and signed by the Mayor this of December, -c City Clerk APPROVED AS TO FORM: City (Attey PUBLISHED: 1 5 Nor /2 1 Y, WHEREAS, the City of Port Angeles, Washington, by Ordinance No. N passed by the City Council and approved by the Mayor on the 3rd day of December, 1959, specified and adopted a system or plan for malting additions to and betterments and extensions of the existing domestic waterworks utility of the City, and authorized the issuance and sale of water revenue bonds in the amount of not to exceed $2,000,000.00 par value to provide the funds with which to pay the cost of acquiring, con: structing and making said additions to and betterments and exten- sions of the domestic waterworks utility of the City; and WHEREAS, the City Council deems it to be in the best interest of the City that the entire $2,000,000.00 par value of authorized water revenue bonds be issued and sold to provide the proceeds necessary to carry out said system or plan, NOW, THEREFORE, CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO. I i`V 9 AN ORDINANCE providing for the issuance of $2,000,000.00 par-value of "later Revenue Bonds, 1960," for the purpose of obtaining the funds with which to pay the cost of carrying out the system or plan for making additions to and betterments and extensions of the domestic waterworks utility of the City, as adopted by Ordinance No.PPM fixing the form, date, maturities, maximum interest rate, covenants and terms of said bonds; and providing for the calling of bids for the public sale of $1,700,000.00 par value thereof. BE IT ORDAINED BY TI MAYOR AND CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows: Section 1. For the purpose of obtaining the funds necessary to carry out the system or plan for malting additions to and betterments and extensions of the existing domestic waterworks utility of the City, as adopted by Ordinance No. )'i 5,5G There shall be issued and sold ‘;2,000,000.00 par value of "Water Revenue Bonus, 1960" (hereinafter called the "Bonds The words "waterworks utility of the City" shall hereafter mean the domestic water system of the City solely and shall not be deemed to include the Elwha Industrial Water System, The Bonds shall be in denominations of 0_,000.00 each; shall be numbered from 1 to 2,000, inclusive; shall be dated January 1, 1960; and shall bear interest at a rate or rates not to exceed 6 per annum, interest to be paid semiannually on January 1st and July 1st of each year, interest to maturity to be evidenced by coupons to be attached to the Bonds with full obligation on the part of the City to pay interest at the same rate or rates from and after the bond maturity dates until the Bonds with interest are paid in full. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America at the office of the City Treasurer of Port Lng,eles, Wash- ington, solely out of the "'later Rc Bond Fund, 1960" (hereinafter called the "Bond Fund"), created and established by Ordinance No. j yuj and the Bonds shall be a valid claim of the holder thereof only as against the Bond Fund and the fixed amount of the revenues of the waterworks utility of the City-pledged to such fund and shall not be a general obligation of the City of Port Angeles, The Bonds shall mature serially, annually, in accordance with the following schedule, to wit: Bond Numbers Amounts Maturities 1 to 45, inclusive 46 to 90, 91 to 140, 1111 to 190, 191 to 245, 2116 to 300, 301 to 360, 'I 361 to 1120, 421 to 1185, t )186 to 550, 551 to 620, I l 621 to 690, 691 to 765, 766 to 82 15, 8t16 to 925, 926 to 1010, 1011 to 1100, 1101 to 1195, I 1196 to 1295, I $45,000 January 1, 1962 45,000 January 1, 1963 50,000 January 1, 1964 50, 000 January 1, 1965 55,000 January 1 1966 55,000 January 1, 1967 60,000 January 1, 1968 60,000 January 1, 1969 65,000 January 1, 1970 65,000 January 1, 1971 70,000 January 1, 1972 70,000 January 1, 1973 75,000 January 1, 1974 80,000 January 1, 1975 80,000 January 1, 1976 85 January 1, 1977 90,000 January 1, 1978 5'5 January 1, 1579 100,000 January 1, 19eo Bond Plumbers (ContTd) 1296 to 1)100, 1401 to 1510, 1511 to 1625, 1626 to ):11(5, 171.16 to 1870, 1871 to 2000, Amounts Maturities, 105,000 January 1, 1981 110,000 January 1, 1982 115,000 January 1 1283 120 January 1, 1984 125 January 1, 1985 130,000 January 1, 1986 Section 2. The City of Port Angeles reserves the right to redeem Bonds lumbered 1701 to 2000, inclusive, of a total par value of x300,000000, maturing January 18 1984, to January 1, 1986, inclusive, as a whole, or in part in inverse numerical order, on any semiannual interest payment date, at par plus accrued interest to the date of redemption. The City of Port Angeles reserves the right to redeem Bonds numbered 1 to 1700, inclusive, of a total par vale of (1,700,000,00, maturing January 1, 1962 to January 1, 1984, inclusive, as a whole, or in part in inverse numerical order, on January,i, 1970, or on any subsequent interest payment date,. at par, plus accrued intorest to date of redemption, PROVIDED, Ra7EvEF, that the City of Port Angeles reserves the right to re- deem said numbered Bonds solely from surplus earnings of the waterworks utility of the City as a whole, or in part in inverse numerical order, on January 1, 1965, or on any subsequent interest payment date, at a price of 4,105,00 per each 3100.00 par value thereof, plus accrued interest to dote of redemption in each case, said redemption price decreasing :,1000 per annum to par on or after January 1 1970. Except as to any Bonds numbered 1701 to 2000 while owned by the City, notice of any call for redemption of any of the Bonds prior to their stated maturity dates shall be published at least once in the official newspaper of the City not less Ulm thirty nor more than forty -five days prier to the call date. Notice of said intended redemption shall also be mailed to the principal e 4 underwriter who purchases the Bonds not less than thirty nor more than forty -five days prior to the call date. Interest on any Bonds so called for redemption shall cease on the date fixed for redemption upon payment of the .redemption price into the Bond Fund. The City may purchase outstanding Bonds in the open mar- ket at.a price not exceeding the price at which they could be redeemed on the next redemotion.date. Section 3. The Bond Fund is hereby divided into two accounts, namely, a "Principal and Interest Account" and a "Reserve Account." So long as any Bonds are outstanding against the Bond Fund, the City Treasurer of the City of Port Angeles shall set aside and pay into the Bond Fund out of the gross reven- ues of the waterworks utility of the City, including all additions, extensions and betterments thereof at any time made, a fixed amount without regard to any fixed proportion, on or before the 20th day of each month, as follows: (a) Into the "Principal and Interest Account," beginning with the month of January, 1960, and continuing as long as any of the Bonds are out- standing and unpaid, an amount equal to at least one -sixth of the interest to become due and pay- able on the next interest payment date on all the Bonds then outstanding, and, beginning with the month of January, 1961, and continuing as long as any of the Bonds are outstanding and unpaid, an amount equal to at least one twelfth of the prin- cipal of the Ionds to become due and payable on the next principal payment date. (b) Into the "Reserve Account," be inning with the month of May, 1960, not less than p2,300.00, and a similar amount in each month thereafter until the total sum of $138,000.00 shall have been accumulated therein, which total sum shall be accumulated by no later than June 1, 1965. The "Reserve Account" may be accumulated from any other moneys which the City of Port Angeles may have available for such purpose, in addition to using such revenues therefor. The City further agrees that when said required amounts have been paid.into the "Reserve Account" it will, at all times except for withdrawals therefrom as authorized herein, maintain those amounts therein until there is a sufficient amount in the Bond Fund, including the "Reserve Account" therein, to pay the principal of, premium, if any, and interest on the Bonds, at which time the rnon €y in the Bond Fund, including the "Reserve Account" therein, may be used to pay such principal, premium, if any, and interest. In the event that there shall be a deficiency in the Bond Fund to meet maturing installments of either principal or interest, as the case may be, on the Bonds, such deficiency shall be made up from the "Reserve Account" by the withdrawal of cash therefrom for that purpose. Any deficiency created in the "Reserve Account" by reason of any such withdrawal shall then be made up from the moneys from the revenues of the waterworks util- ity of the City first available after making necessary provision for the required payments into the Bond Fund. All money in the "Reserve Account" above provided for maybe kept on deposit in the official bank depository of the City of Port Angeles or may be invested in direct obligations of the United States Government having a guaranteed redemption price prior to maturity or maturing not later than twelve years from date of purchase and, in no event, maturing later than the last maturity of the Bonds outstanding at the time of such purchase. Interest earned on any such investment or on such bank deposit shall be deposited in and become a part of the "Reserve Account" until the total required reserve amount shall have been accumu- lated therein, after which such interest shall be deposited in the "Principal and Interest Account." Section 4. The gross revenues from the waterworks utility of the City are hereby pledged to such payments, and the Bonds shall constitute a charge or lien upon such revenues prior 5 and superior to any other charges whatsoever, excluding charges for maintenance and operation, except that the charge or lien upon such gross revenues for the Bonds shall be on a parity with the charge or lien upon such gross revenues for any additional and /or refunding revenue bonds hereafter issued on a parity with said Bonds, in accordance with the provisions of Section 7 of this Ordinance. If the City shall fail to set aside and pay into the Bond Fund the amounts which it has obligated itself by this Ordinance to set aside and pay therein, the holder of any Bond may bring suit against the City to compel it to do so. Section 5. The City of Port Angeles hereby covenants and agrees with the owner and holder of,each Bond at any time outstanding, as follows: (a) That it will establish, maintain and collect such rates and charges for water (and for sanitary sewage disposal service in the event that the sewerage system of the City ever becomes a part of the waterworks utility of the City) so long as any Bonds, and any additional and /or refunding revenue bonds hereafter issued on a parity of lien with the Bonds, in accord- ance with the provisions of Section 7 hereof, are outstanding as will make available for the payment of the principal and interest on such bonds as the same shall accrue an amount equal to at least 1.40 times the average annual debt service, both principal and interest, of said bonds, after necessary costs of maintenance and operation of the waterworks utility of the City have been paid, but before depreciation. (b) That it will, at all times, maintain and keep the waterworks utility of the City and all additions thereto and betterments and replacements and extensions thereof in good repair, working order and condition, and also will at all times operate such utility and the business in connection therewith in an effi- cient manner and at a reasonable cost. (c) That it will not sell, lease, mortgage or in any manner encumber or dispose of all the properly of the waterworks utility of the City unless provision is made for payment into the Bond Fund of a sum sufficient to pay the prin- cipal of and interest on all Bonds at any time outstanding, and that it will not sell, lease, mortgage or in any manner encumber or dispose of any part of the property of said utility that is used, useful and material to the oper- ation thereof unless provision is made for replacement thereof or for payment into the Bond Fund of the total amount of revenue received, which shall not be less than an amount which shall bear the same ratio to the amount of outstanding Bonds as the revenue available for debt service for such outstand- ing Bonds for the twelve months preceding such sale, lease, encumbrance or disposal from the portion of the utility sold, leased, encum- bered or disposed of bears to the revenue available for debt service for such Bonds from the entire utility for the same period. Any such money so paid into the Bond Fund shall be used to retire such outstanding Bonds at the earliest possible date. (d) That it will while any of the Bonds remain outstanding keep proper and separate accounts and records in which complete and separate entries shall be made of all trans- actions relating to its said utility and it will furnish the original purchaser or pur- chasers of the Bonds or any subsequent holder or holders thereof, at the written request of such holder or holders, complete operating and income statements of said utility in reason- able detail covering any calendar year not more than ninety (90) days after the close of such calendar year, and it will grant any holder or holders of at least twenty -five per cent (255) of the outstanding Bonds the right at all reasonable times to inspect the entire utility and all records, accounts and data of the City relating thereto. Upon request of any holder of any of said Bonds, it also will furnish such holder a copy of the most recently completed audit of the City's accounts by the State Auditor of Washington. (e) That it will not furnish any water (or possibly any sanitary sewage disposal service) to any customer whatsoever free of charge, and it will promptly take legal action to enforce collection of all delinquent accounts. (f) That it will carry the types of insur- ance on its utility properties in the amounts normally carried by private water companies engaged in the operation of waterworks utili- ties, and the cost of such insurance shall be considered a part of operating and maintaining said utility. If, as, and when, the United States of America or some agency thereof shall provide for war risk insurance, the City fur- ther agrees to take out and, maintain such following form: insurance on all or such portions of said utility on whih such war risk insurance may be written in an amount or amounts to cover adequately the value thereof. (g) That it will pay all costs of main- tenance and operation of the said utility and otherwise meet the obligations of the City, as herein set forth. Section 6. The Bonds shall be in substantially the No. UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF PORT ANGELES WATER REVENUE BOND, 1960 KNOW ALL MEN BY THESE PRESENTS: That the City of Port Angeles, a municipal corporation of the State of Washington, for value received, promises to pay to bearer on the 1ST DAY OF JANUARY, 19 the principal sum of ONE THOUSAND DOLLARS together with interest thereon at the rate of PER CENT per annum, payable semiannually on the 1st days of January and July of each year upon the pre- sentation and surrender of the attached inter- est coupons as they severally mature up to the bond maturity date and with full obligation on the part of the City to pay interest at the same rate from and after the bond maturity date until this bond, with interest, is paid in full. Both principal and interest are Pay- able in lawful money of the United States of America, at the office of the City Treasurer of Port Angeles, Washington, solely out of the special fund of the City known as the "Water Revenue Bond Fund, 1960" (hereinafter called the `'Bond Fund created by Ordinance No. This bond is one of a total issue of $2,000,000.00 par value of bonds, all of like date, tenor and effect, except as to maturities, options of redemption (and interest rates, if more than one 1nternt rate is bid) all payable $1,000.00 from the Bond bind and ail issued by the City of Port Angeles under and pursuant to the laws of the State of Washington and Ordinance Nos. and of the City. Reference is :wade to said ordinance as more fully describing the covenants with and rights of holders of bonds of .this issue. The City of Port Angeles reserves the ria.ht to redeem bonds numbered 1701 to 2000, inclusive, of a total par value of :,;300,000,00, maturing January 1, 1984 to January 1, 1986, inclusive, es a•,whole, or in part in inverse numerical order, on any semiannual interest payment clate, at par, plus accrued interest to the date of redemption. The City of Port Angeles reserves the right to redeem bonds numbered 1 to 1700, inclusive, of a total par value of ;'D1,700,000.00, maturing January 1, 1962, to January 1, 1984, inclusive, as a ;,hole, or in part in inverse numerical order, on January 1, 1970, or on any subsequent interest payment date, at par, plus accrued interest to date of redemption, PROVIDED, HOWEVER, that the City of Port Angeles reserves the right to redeem said numbered bonds solely from surplus earnings of the waterworks utility of the City as a whole, or in part in inverse numerical order, on January 1, 1965, or on any subsequent interest payment date, at a price of :105.00 per each .;100.00 par value thereof, plus accrued interest to date of redemption in each case, said redemption price decreasing •;,1.0C per annum to par on or after January 1, 1970. Except as to any bonds num tered 1701 to 2000, smile owned by the City, notice of any cull for redemption of any of the bonds prior to their stated maturity dates shall be published at least once in the official newspaper of the City not less then thirty nor more than forty -five days prior to the call date. Notice of said intended redemption shell also be mailed to not less than thirty nor more than forty -five days prier to the call date. Interest on any bonds so celled for redemp- tion shall cease on the date fixed for redemption upon pa;vrient of the redemption price into the Bond Fund. The City may purchase outstanding bonds in the open market at a price not exceeding the price at which they could be redeemed on the next redemption date. The bonds of this issue constitute a charge or lien upon the gross revenues from the waterworks utility of the 'City prior and superior to any other charges whatsoever, excluding charges for maintenance and operation of said utility, except that the charge or lien upon such gross revenues.for the bonds of this issue shall be on a n arity with the charge or lien upon such gross revenues for any additional and /or refunding revenue bonds hereafter issued on a parity of lien with said bonds in accordance with the provisions of Section 7 of Ordinance No. "Waterworks utility of the City' has been defined to mean the domestic water system of the City solely and does not include the Elwha Industrial Water System of the City. The City of Port Angeles has covenanted to establish, maintain and collect such rates and charges for water (and for sanitary sewage dis- posal service in the event that the sewerage system of the City ever becomes a part of the waterworks utility of the City) for so long as any bonds of this issue and any additional and /or refunding revenue bonds hereafter issued on a parity of lien with the bonds of this issue, in accordance with the provisions of Section 7 of Ordinance No. are outstand- ing, as will mace available for the payment of the principal of and interest on such bonds as the same shall accrue an amount equal to at least 1.40 times the average annual debt ser- vice, both principal and interest, of said bonds, after necessary costs of maintenance and operation of the waterworks utility of the City have been paid, but before depreciation. The City further covenants and agrees to maintain in good condition and to operate the said utility and all additions thereto and betterments, replacements and extensions thereof and to establish, maintain and collect such rates for water as will produce gross revenues from the said utility sufficient to permit pay- ment into the Bond Fund of the amounts required for the payment of the principal of and inter- est on all bonds payable out of the Bond Fund as the same become due and the amounts required to be paid into the "Reserve Account" in the Bond Fund, and in addition thereto to pay all costs of maintenance and operation of said utility, and otherwise to meet the obligations of the City as hcrein'set forth. It is hereby certified and declared that the bonds of this issue are issued pursuant to and in strict compliance with the Constitution and laws of the State of Washington and the ordi- nances of the City of Port Angeles, and all acts, conditions and things required to be done pre- cedent to and in the issuance of this bond have happened, have been done and have been performed as required by law. 10 IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to be signed by its Mayor and attested by its Clerk and its corporate seal to be hereto affixed and the interest coupons attached to be signed with the facsimile signatures of said officials this lst day of January, 1960. ATTEST: The interest coupons attached to the Bonds shall be in substantially the following form: Coupon No. On the lst day of (January)(July), 19 the CITY OF PORT ANGELES, WASHINGTON, upon presentation and surrender of this coupon, will pay to bearer at the office of the City Treasurer the sum of DOLLARS ),in lawful money of the United States of America from the special fund of the City known as the "Water Revenue Bond Fund, 1960," said sum being six months' interest then due on its "Water Revenue Bond, 1960," dated January 1, 1960, and numbered ATTEST: CLERK CLERK BY CITY OF PORT ANGELES, WASHINGTON BY MAYOR CITY OF PORT ANGELES, WASHINGTON MAYOR The Bonds shall be printed on lithographed forms, shall be signed by the Mayor and attested by the Clerk, and shall have the seal of the City of Port Angeles affixed thereto, and the coupons shall bear the facsimile signatures of the Mayor and the Clerk. Section 7. The City of Port Angeles, Washington, covenants and agrees that it will not hereafter issue any water revenue bonds, or water and sewer revenue bonds in the event that the sewerage system of the City shall hereafter, pursuant to RCW 35.67.320, become a part of the waterworks utility of the City, or refunding water and /or water and sewer revenue bonds,•which will constitute a charge or lien against the gross revenues of the waterworks utility of the City prior to or on a parity with the charge or lien against the same for payments required to be made into the Bond Fund, except that the City reserves the right to issue additional and /or refunding water and /or water and sewer revenue bonds, which will constitute a charge or lien upon the gross revenues of the wateirorks utility of the City, including all additions thereto and betterments, replacements and extensions thereof at any time made, on a parity of lien with the Bonds if the following conditions shall be met and complied with at the time of the issuance of such additional and/or refunding bonds, to wit: 1. All payments then required by this Ordinance and any ordinance hereafter enacted pertaining to the Bonds shall have been made into the Bond Fund and maintained intact therein; and 2. The revenues of the waterworks utility of the City for any twelve months out of the immediately preceding eighteen -month period, plus the additional revenue anticipated to be received from the proposed improvement in connection with which such additional water and /or water and sewer revenue bonds are to be issued, together with the increase in revenues reasonably anticioated to result from any change in the schedule of water charges (and /or sanitary sewage disposal rates !if the sewerage system of the City is com- bined with the waterworks utility of the City) to be nut into effect prior to the issuance of such additional bonds and after giving effect to any probable future increase or decrease in the costs of maintenance and operation of the 12 waterworks utility of the City •(including the sewerage system if combined with the waterworks utility) and to any probable future increase or decrease in gross revenues resulting from growth or shrinkage in the number of water (and /or sanitary sewerage service users if the sewerage system of the City is combined with the waterworks utility) are deemed sufficient, after the payment of normal operation and maintenance costs and taxes, but before depreciation, to equal at least 1.40 times the average annual principal and interest requirements of all then out- standing water revenue bonds and /or water and sewer revenue bonds, including the Bonds, and of the additional and /or refunding bonds pro- posed to be so issued. Such determination of the sufficiency of the revenues shall be made and certified to by an independent profess- ional registered engineer experienced in mun- icipal utilities and licensed to practice in the State of Washington; PROVIDED, HOWEVER, that if such additional bonds proposed to be so issued are for the sole purpose of refund- ing outstanding water revenue bonds and /or water and sewer revenue bonds, such certifi- cation of coverage shall not be required if the amount required for payment of the principal and interest in each year for the refunding bonds is not increased over the amount required for the bonds to be refunded thereby and the maturities of said refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby; and 3. The ordinance authorizing the issuance of such additional bonds shall provide that an amount equal to the average annual debt service of the additional bonds proposed to be issued shall be accumulated as an additional reserve in the Bond Fund, said additional amounts to be accumulated by monthly deposits commencing not later than one month after the date of issuance of the bonds and to be accumulated within five years after the date of issuance and said reserve to be maintained in such amounts so long as any of said addi- tional bonds are outstanding to the last maturity thereof, PROVIDED, HOWEVER, that in the case of refunding bonds the ordinance authorizing the issuance of such refunding bonds shall provide that the money in the "Reserve Account" for the bonds to be refunded shall be transferred to the "Reserve Account" in the Bond Fund, or that the moneys in the "Reserve Account" for the bonds to be refunded shall be used to redeem such bonds, in which event an amount equal to the average annual debt service for the refunding bonds proposed 13 to be issued shall be accumulated as a reserve in the same manner and within the same times as set forth herein for additional revenue bonds. Section 8. The City Clerk of the City of Port Angeles is hereby directed to publish once in the Po-3 nge -les once in the Daily Journal of Commerce of Seattle, Washington, and once in The Bond Buyer of New York, New York, not less than ten days prior to the bid opening date a Notice of Bond Sale of $1,700,000.00 par value of Bonds, being Bonds numbered.! to 1700, inclusive, calling for bids for the purchase thereof to be received by the City Clerk of the City of Port Angeles in the office of the City Manager at the City Hall, Port Angeles, Washington, until 2 :00 o'clock p.m., P.S,T., on Ie ra t r-y y 1960, at which time all bids will be publicly opened by the City Clerk and the City Manager, and presented to and considered at the meeting of the City Council of the City of Port Angeles to be held in the City Hall at 8:00 o'clock p.m., on the same date. The City will purchase, from moneys presently on hand in its Light Department, Bonds numbered 1701 to 2,000, inclusive, and said numbered Bonds shall not be sold at public sale. Bidders are invited to submit a bid for the purchase of the Bonds fixing the interest rate or rates that the same shall bear not in excess of per annum. The bids shall specify either (a) the lowest rate or rates of interest and premium above par at which the bidder will purchase the Bonds, or (b) the lowest rate or rates of interest at which the bidder will purchase the Bonds at par, or (c) the lowest rate or rates of interest at which the bidder will purchase the Bonds at a discount of not more than 25. All Bonds maturing on the same date must bear the same single interest rate. The purchaser must pay accrued interest from the date of issuance of the Bonds to the date of their delivery. Each bidder shall seal his bid in an envelope with a good -faith deposit in the form of a certified or cashier's check made payable to the Treasurer of the City of Port Angeles in the i amount of $40,000.00. Good -faith deposits of unsuccessful bid- ders will be returned when bids are evaluated and that of the successful bidder, if any, will be retained for forfeit to the City in the event such successful bidder shall fail orrefuse to accept the Bonds within thirty-five days after the acceptance of his bid if the same are ready for delivery. Each bid shall show the total amount of interest to be paid over the life of the Bonds from the date of issuance, less the premium, .if any, or plus the discount, if any, and the effec- tive interest rate over the life of the Bonds. The City reserves the right to reject any or all bids .submitted and to waive any informality or irregularity in the bid- ding. Seattle, Washington, or at such other place as the purchaser and the City shall mutually agree upon. The Bonds will be furnished by the City and will be sold with the opinion of Weter, Roberts Shefelman, municipal bond counsel of Seattle, Washington, approving the legality of the same, all without cost to the purchaser. A non litigation certificate will be included in the closing papers. PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting thereof and APPROVED by the Alayor thereof, this 21st day of January, a r. i q v MAYOR ATTEST: The Bonds will be delivered to the purchaser thereof in y CITY CLERK APPROVE TI,• AS TO FORM CITY AaTC 1 NLY 15 CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO. /1/45 AN ORDINANCE of the City of Port Angeles, Washington, accepting the joint bid of Blyth Co., Inc., of Seattle, Washington, and Associates, for the issue of $1,700,0c0.00 par value of "Water Revenue Bonds, 1960," of the City; fixing the interest rates on said bonds; and Providing for the immediate printing, execution, delivery and sale of said bonds and for the return of the checks deposited by the unsuccessful bidders. WHEREAS, pursuant to Ordinance No. 1449 of the City of Port Angeles, Washington, Notice of Bond Sale calling for sealed bids for the 'purchase of $1,700,000.00 par value of "Water Revenue Bonds, 1960," of the City of Port Angeles, Washington, was duly published as provided in said Ordinance; and WHEREAS, three bids were submitted and filed with the City Clerk at the office of the City Manager in the City Hall, Port Angeles, Washington, prior to 2 :00 o'clock p.m., on the 4th day of February, 1960, at which hour and place said bids were publicly opened by the City Clerk and the City Manager and were thereafter presented to and considered at the meeting of the City Council held at 8:00 o'clock p.m., on the evening of the same day in the City Hall, Port Angeles, Washington, said bids being as follows: (1) By BLYTH CO., INC., Seattle, Washington, and ASSOCIATES, jointly, a price of $98.00 for each $100.00 par value of bonds, plus accrued interest from the date of the issuance to the date of delivery of the bonds, with all bonds maturing from January 1, 1962, to January 1, 1970, inclusive, to bear interest at the rate of 4N per annum; with all bonds maturing from January 1, 19 71 to January 1, 1973, inclusive, to bear interest at the rate of 4N per annum; with all bonds maturing from January 1, 1974, to January 1, 1983, inclusive, to bear interest at the rate of 4.40 and all bonds maturing January 1, 1984, to bear interest at the rate of 3%, the total interest cost over the life of the issue, plus discount, to be $1,107,942.50, and said bid representing an effective interest rate of 4.43252, the bonds to be furnished by the City of Port Angeles, Washington, together with the approving legal opinion of Weter, Roberts Shefelman, municipal bond counsel of Seattle, Washington, at the City's expense; and (2) By JOHN NI VEEN CO., Chicago, Illinois, and ASSOCIATES, jointly, a bid representing an effective interest rate of 4.4682 and (3) By F. S. SMITHERS COMPANY of New York, New York, a bid representing an effective interest rate of 4.49935; and WHEREAS, the bid submitted by BLYTH CO., INC., Seattle, and ASSOCIATES, jointly, was the best bid submitted carrying the lowest effective rate of interest, and the City Council deems it for the best interest of the City that said bid be accepted, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows Section 1. That the bid submitted jointly by BLYTH CO., INC., Seattle, and ASSOCIATES, for the purchase of said issue of "Water Revenue Bonds, 1960," of the City of Port Angeles, Washington, at a price of $98.00 for each $100.00 par value of 2 bonds, with all bonds_ maturing from January 1, 1962, to January 1, 1970, inclusive, to bear interest at the rate of 41% per annum; with all bonds maturing from January 1, 1971, to January 1, 1973, inclusive, to bear interest at the rate of 415 per annum; with all bonds maturing from January 1, 1974, to January 1, 1983, inclu- sive, to bear interest at the rate of 4. per annum; and with all bonds maturing on January 1, 1984, to bear interest at the rate of V per annum, the total interest cost over the life of the issue, plus discount, to be $1,107,942.50, and said bid representing an effective interest rate of 4.4325%, the bonds to be furnished by the City of Port Angeles, together with the approving legal opinion of Weter, Roberts Shefelman, municipal bond counsel of Seattle, Washington, at the City's expense, is hereby accepted; the interest rates on said bonds are hereby fixed in accordance with said bid; and the Mayor of the City of Port Angeles and the City Clerk thereof are hereby directed to execute the printed bonds immediately upon delivery thereof to them, and said bonds shall thereupon be sold and delivered to BLYTH CO., INC.) and Associates, jointly, pursuant to said bid upon payment therefor in accordance with said bid; and the City Clerk is hereby authorized to return to the unsuccessful bidders the checks deposited with their bids. PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting thereof and APPROVED by the Mayor thereof, this day of 1?e1uary, 1960. j n J r/ MAYOR `-'L, lr •til. �..�!_•C� i 'i i s ATTEST: -f' CITY CLERK 3 ORDINANCE NO. /WI/ AN ORDINANCE of the City of Port Angeles ordering and pro- viding for the condemnation under the right of eminent domain by the City of Port Angeles of a right -of -way to be used for the maintenance, replacement, repair and extension of the presently existing City water line from Morse Creek to the City of Port Angeles, over and across certain tracts of land in Clallam County, Wash iington, and declaring a public necessity. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. That the City Attorney of the City of Port Angeles be, and is hereby, authorized and directed to institute and prosecute to final determination in the Superior Court of the Range 5 W.W.M. State of Washington for Clallam County actions in the name of said City of Port Angeles for the condemnation of rights -of -way to be used for the maintenance, replacement, repair and extension of the presently existing City water line from Morse Creek to the City of Port Angeles, consisting of that portion of land lying over and across the following tracts in Clallam County in which the follow- ing people or corporations claim ownership: 1. Peninsula Plywood Corporation: The Southwest Quarter (SW1) of the Northeast Quarter (NEB) of Section 2, Township 29 North, 2. Merrill Adams: Lot Two (2) in Section 5, Township 29 North, Range 5 W.W.M.; the West Half (W1/2) of the Southwest Quarter (SA) of the Southeast Quarter (SEA) of Section 32,_Township 30 North, Range 5 W.WM.; and the West Half (w%) of the North- west Quarter (NA) of the Southeast Quarter (SE4) of Section 32, Township 30 North, Range 5 W.W.M. (20) of Busse's Addition. Township 3a North, Range 5 W.W.M. 3. John Baublits: The Southwest Quarter WO of the Northeast Quarter (NE4) and the South Half (s') of the Northwest Quarter (NWQ) of the Northeast Quarter (NE4) of Section 32, Township 30 North, Range 5 W.W.M. 4. Martha L. Glas: The Northeast Quarter (NE4) of the Southwest Quarter (SW4) of Section 29, Township 30 North, Range 5 W.W.M. 5. Leslie Whitty: The Southeast Quarter (SE4) of the Northwest Quarter (NW and that portion of the Northeast Quarter (NE4) of the Northwest Quarter (NWT) lying West of brow of hill, all in Section 29, Township 30 North, Range 5 W.W.M. 6.. Blanche E. Whitty: The Northwest Quarter (NW of the North- west Quarter (NWT) of Section 29, Township 30 North, Range 5 W.W.M. 7. R. D. Merrill, Dixmont Land Co, and Ring Co.: The Southwest Quarter (SW4) of the Southwest Quarter (SW4) of Section 20, Township 30 North, Range 5 W.W.M. 8. Walter Rushton: The Northeast Quarter (NE4) of the Southeast Quarter (SE4) of Section 19, Township 30 North, Range 5 W.W.M. 9. L. A. Brouillard: The South Half (S2) of the Southwest Quartet (SW4) of the Northeast Quarter (NE4) of Section 19, Township 30 North, Range 5 W.W.M. 10. Sherman Iverson: The Northwest Quarter (NA) of the Southwest Quarter (SW4) of the Northeast Quarter (NE4) of Section 19, 11. Standard Lumber and Manufacturing Corp®ation: Blocks Five (5), Seven (7), Eight (8), Thirteen (13), Twelve (12), and Twenty 12. L. O. Madison and Mark Washburn: Tax No. 687 in Section 13, Township 30 North, Range 6 W.W.M. 13. Elsie Pesek and Arthur Batchelor: Tax No. 1234 in Section 13, Township 30 North, Range 6 W.W.M. 14. P.U.D. No. 1 of Clallam County: Tax No. 1642 in Section 13, Township 30 North, Range 6 W.W.M. 15. Clarence Gertz: Lots Twenty -four (24) to Twenty -seven (27), Block 5, Tipton's Addition. 16. George Rains: Lots Thirty -one (31) to Thirty -seven (37), Block 5, Tipton's Addition; Blocks One (1) to Six (6) except Lot Fifteen (15), Biock Six (6), Starr Addition. 17. John Belongia: 'Lots One (1) to Fifteen (15) and Lots Twenty four (24) to Thirty -six (36), Block Three (3), Tipton's Addition. 18. James F. Meehan: Blocks One (1) and Two (2), Taft Addition. 19. D. J. Kelly: The North 28 acres of the Southeast Quarter (SE4) of the Northeast Quarter (NE4) of Section 14, Township 30 North, Range 6 W.W.M. 20. Victor V. Ulin: Lots Eight (8) and Nine (9), Block Four (4), Beacon Hill Addition. '21. John Kailas: Lots Ten (10) to Twelve (12), Block Four (4), and Lots One (1) to Four'(4), Block Three (3), Beacon Hill Addition. 22. Henry George Fink: Lots Fifteen (15) and Sixteen (16) Biock Four (4), Beacon Hill Addition. 23. Orville Schuller: Lots Thirteen (13) and Fourteen (14), Block Four (4), Beacon Hill Addition. ATTEST: APPROVED AS TO FORM: 24. James Sanders: Lots Five (5) to Seven (7), Block Three (3), Beacon Hill Addition. 25. Charles R. Ferrell: Lots Eight (8) to Ten (10), Block Three (3), Beacon Hill Addition. Section 2. That it is in the best interests of the City of Port and a matter of public necessity that the rights -of- way referred to in Section 1 be acquired. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of said Council held on the 15th day of September, 1960. V City Clerk PUBLISHED: /1 /If. 196 c' 1 Mayor 1/ IN l: NI I, l o 'NU If \t',,, X..,:-/ N... ,,_,,,,c cp i t 41:-/-=-7AC '':-Z.,,',.,‘ti c..i• 2 2, f 1 41 0 I i _4,—'■,----..,/,‘,,..-,—.---2....--- i 1---1-` =-4 in :N NG 4' laving heard a- it of Plaint tite prr!r- pipel t t !if C' S:). 14 iFiz Th• cause trial on he 26th cies May, L' Court, and a jury sworn to ascertain, dE:arm:n.,! be made in money to owners nc urthx ing or injuriously a7 of lane re- and other property aE damages, if any, frr construction and maintenance of a water pp 121 appearing by Tyler C. Moffett, City m-ttornt E. M. 1.ORISC6, actin4 by and througl 7 Wri.cnt of the firm of Wric;ht Wright, ank, ra_ ?1,MOOD CORPORATION, acting by and Z. E. 2 of the firm of Wilson S. And the CcIri being satisfie:: by ?rb interested in is, real esta+-.7 and ant: ?roper ty descr.i.bed Ln the petition of t17 :ff bn aerein anc he:reinafer specifically set f_ served rez_ee ia this action ing keen .Ffied by comp plated c or Ahicz., ai3. lands, rea_ ef-- sther prb ai 7o be :i_c use; namely, -1 way ,7 ,ction area, a', ridingly no ec_, in this ac ,.ba order Dc 3 2- estate tire r r t r thro or the dict of juri r n. td tl f-)roc 1:11r.. and the oz,z i '7,2C: kV?: DEIr_1E that 1., r 7 cc. tor re e Lou:Lt. approt":lator use -5 ri a pipeline sr:3 constrt:ction area of ir desc.ri_oed 7. ads, real estate, and other o.r.opert br. acquired here':: from said Dele. in Clallam Count, Warlington, to wit: 2er- ease:Tier, .1 4- d e. of Wb. e: centerline of the c tso ex: C a; CrC: t."1. d That. of land ten feet Et f tl water line West 2 Town Th. r of Willar t Se. t• '1`wc n' 'iVP '5' 0" dia;), e herein s L 6. t 4 7 ccrthc in said 1;:._ to remove (S .1.'„:3 OF RT shall .os a:af of! ''2.0 712 T. C.. +6: and 6 ‘.96..• use 0 12 ,■.4,.C& 2 7:Cag :LE trY ■■■27 eLVC1 F.-Elf co a fclicas: -4- it t r Eirt:.:r.ar.;:e, rc... .1Lt. n (f e7-..1-'.^ I rc 4- ____t ____t ter 7: t, x _Ls an- tr st of r 7.C., he t ease:r.er.: are as e a in t-c :.r Jrcr Qsa-e E :f _nes r'air. s ver, --I, 2r 7,7 IrCati_11, CEI %e t c:t 7' E cer a icirc 2 r r Port Angeles, 'lash. March 17, 1939 Timber scale made by 1.k.. Beverage, said timber being on property of the City of Port Angeles, ,gash. and having been cut by Mr. Fred L'Iockenhiemer; said property being in the NET of S,a of Sec. 5 Twp. 29 N Range 5 Dia. Length Scale Kind Dia. Length Scale Kind 47 24' 2774 Fir 46" 24' 1944 Cedar 44 24' 2400 37" 24' 1634 If 20 30' 480 32" 24' 1176 17 25 40' 1102 32" 26' 1274 It 20 32' 450 Conky 48" 24' 3000 Conky 41 24' 2000 If 40" 24' 1800 TT 38 24' 1734 34" 24' 1350 ft 38 24' 1734 tT 28" 24' 600 It 32 26' 1274 14" 24' 150 Tt 30 .30' 1266 If 45" 24' 180 't 24 28' 700 38" 30' 2298 ft 17 30' 317 32" 24' 1176 23 28' 626 48" 24' 2904 8 26 28' 847 40" 24' 1944 TT 20 32' 512 35" 32' 1922 16 32' 288 26" 36' 1644 13 40' 202 30" 40' 1200 Tt 26 24' 726 17 28' 296 tt 23 30' 672 TT 15 32' 242 ft 30 24' 1014 TOTAL CEDAR 26,492 26 30' 907 TT 17 40' 422 TT 27" 32' 1060 :"hite Fir 38 24' 1734 21" 32' 578 32 36' 1764 TT 18" 32' 392 24 32' 800 ft 23" 32' 718 25 40' 1102 n 36" 24' 1536 16 40' 360 it 30" 26' 1098 IT It 16 24' 216 23" 30' 672 Tt 12 40' 160 tT 16 40' 360 30 26' 1098 IT TOTAL FIR 30,283 TOTAL y' ITE FLR 6,054 Grand Total 62,829 TOTAL FIR Port Angeles, Wash. March 17, 1939 Timber scale made by Tor. Beverage, said timber being on property of the City of Port Angeles, Uash. and having been out by P?r. Fred L ckenhiemer; said property being in the NFP of Sl71 of See. 5 Typ. 29 N. Range 5 W. Dia. Length Scale Kind Dia. Length Scale Kind 47 24' 2774 Fir 46" 24' 1944 Cedar 44 24' 2400 37" 24' 1634 20 30' 480 32" 24' 1176 25 40' 1102 32" 26' 1274 20 32' 450 Conky 48" 24' 3000 Conky 41 24' 2000 40" 24' 1800 38 v 24' 1734 34" 24' 1350 To 38 24' 1734 28" 24' 600 32 26' 1274 14" 24' 150 30 .50' 1266 45" 24' 180 24 28' 700 38" 30' 2298 17 30' 317 32" 24' 1176 n 23 28' 626 49" 24' 2904 26 28' 847 0 40" 24' 1944 20 32' 512 0 35" 32' 1922 16 32' 288 26" 36' 1644 13 40' 202 30" 40' 1200 26 24' 726 17 28' 296 23 30' 672 15 32' 242 30 24' 1014 TOTAL CEDAR 26,492 26 30' 907 17 40' 422 27" 32' 1060 White Fir 38 24' 1734 21" 32' 578 32 36' 1764 18" 32' 392 24 32' 800 23" 32' 718 25 40' 1102 36' 24' 1536 16 40' 360 n 30" 26' 1098 16 24' 216 23" 30' 672 12 40' 160 0 16 40' 360 30 26' 1098 30,283 TOTAL WHITE FIR 6,054 Grand Total 62,829 TOTAL FIR 1 Port melee, March 17, 19::9 Timber scale nude by Ur. Beverugo, said titiber being on property of the City of Fort Angelen 'lush. 2nd buviDg been cut by Yr. Fred L5ockenhiemer; euid Dro,mrty being in the NEB of 8Wi of See. 6 Two. 29 14. Rye 5 Diu. Length Sale Kind Din. Length Semis Kind 47 24' 2774 Fir 46" 24' 1944 Cedcr 44 24' 2440 37" 24' 1634 n 20 30' 480 32" 24' 1176 25 40' 1102 32" 26' 1274 20 32' 450 Conky 46" 24' 3000 Conky 41 24' 2000 It 40" 24' 1800 n n 38 24' 1734 34 "24' 1350 38 24' 1734 28" 24' 600 32 26' 1274 14" 24' 150 30 ?0' 1266 45" 24' 180 24 IT 28' 700 38" 30' 2298 17 30' 317 32" 24' 1176 9 23 28' 626 48" 24' 2904 26 28' 847 40" 24' 1944 20 32' 612 35" 32' 1922 16 32'288 w6" 36' 1644 13 40' 202 30" 40' 1200 n 26 24' 726 17 28' 296 23 30' 672 15 32' 442 30 24' 1014 T0T .L CE:litZ 26,492 26 30' 907 17 40' 422 27" 32' 1060 ti:hite Fir 38 24' 1734 21" 32' 578 32 36' 1764 18n 32' 392 el 24 32' 800 23" 32' 718 25 40' 1102 36" 24' 1526 n 16 40' 360 :30" 26' 108 n 16 24' 216 23" 30' 672 n n 12 40' 160 18" 40' 360 n 30 26' 1098 30,283 TOTAL VRITE FIR 6,054 Grand Total 62,829 Ur. Amo t. Commerer Director of National Park Service Ilashilagton, D. C. Dear !Ur. Commerert February L.5, 19S9 Enclosed is a-copy of a reaolution teat was passed by the City Commission requesting that the National Park Service take into the Olympic National Park as much of the Lome Creek Watershed as possible. Perhaps it would be well to explain the reasons for this resolution. The domestic water for the City of Port Angeles is obtained from Uorse Creek. This supplies approximately 12,000 people, including your own Olympic National Park employees and your proposed headquarter buildings. Our intake dam is lcy.ated about the center of Section 5 of Township 29 N. Range 5 14.1:1,L. The watershed area consists generally of all or parts of Sections 5,6,7,9,17, 18,19,20,21,25,26,27,26,29,30,51,52,33,34,55,36, of T. 29 N. Range 5 W.1i.L, 1,2,5,10,11,12 of T. 26 O. Range 6 W.W.L., 1,10,11,12,15,14,15,21,22,25,24 25,26,27,28,29,32,$3,54,55,36 of T. 29 b. Range 6 This area with the exception of less than three sections is wtthin the boundary of the Olympic National brect. You are probably familiar enough with this area u) recognize tha; tbio a deep vallsty surrounded almost entirely by high mountains with extremely steep slopes. To be an effective watershed this area must remain timbered. If the timber is removed floods will increase in size and frequency and erosian of the steep mountain slopes will be very distructive. As much of this timber is of large sire aud valuable it is of course, financially impossible for the City to purchase this area. If the timber is removed it will ruin the stream as a water supply as it will be practicalli tipossible to handle the debris and mud that will occur with the winter and spring floods. Some logging is being done in the section immediately above our dam and even this little bit has more than doubled the material handled so far this winter. It is there- fore obvious that this area must be owned by some public agency that will prevent any logging or possibility of fire. It is, of course, at present under the csntrol of the Forest Service and we have an agreement with them that they will not sell timber in this area as it is needed to protect the watershed. Howewr, we feel that if the National Park bonndaries are extended nortuward, and 1 believe they should be, to in- clude host of the National Forest and our watershed or any part of it is not included the Forest service will have only such a small area left that they 5, sa Mr. A. Commerer Washington, D.C. will lose interest in protecting it and sell the timber as soon as possible. And as there is logging being done adjacent to their boundary, it would not be long before this logging included much of the present Olympic National Forest in this area. Also, the possidlity of fire would greatly ihcrease, not only from the logging but also because the National Foreet men would be a long way from this district. I also believe, and I thial- if you will examine the topography of the country that you will agree with me that this watershed area is necessary to the Olympic National eark. It is truo that the valley itself, probably would not lend itself to travel nor be q section through which the public would care to travel, but it is a part of the country that the public will see and be very concious of You wil1 note on your maps that at present the area is almost surrounded by roads that travel the high ridges. These offer the most magnificient views as the scene to the south is tho main mountain couhtry of the park and to the north is the sweep of thc Straits of Jaun de Fuca and Vancouver Island and all of the island country. No where else in the nark will you have the coMbinations of views that is o:fered by this first mount— ain ridge. At night, the lights of the City of Port Angeles immediately below and those of Victoria, B.C., just across the Straits and the lit- houses scattered throughout the island country mkke a picture that will be long rerembered. None of your other National Parks with mhichJ am familiar offer this combination of mountain and water scenery. The immediate fore— ground of this magnificient view to the north is our Morse Creek Watershed. If this is logged or burned it will detract enormously from the beauty of the scene. And unless it is a part of the Olympic liational Park I believe that it will be only a few short years before the timber 13 destroyed. Much of the area on the north side of Mt. Angeles and the ridge running east to Burnt Mt, contributes very little to the flow of Morse Creek, but, I believe, that it should definitely be a part of the Park. Thia is the side of Mt. Angeles that shows so prominently from the main highway along the north side of the Peninsula. All people coming from Victoria by boat see this part of the mountains as it is high enough to hide the higher mountains that are in the present Olympic National Park. It is the first close view of the mountain country that a traveler gets when approaching from the east or notth, in fact, injny opinion, Mt. Angeles is the logical location of the main entrance to the eark. The road leading to the foot of the mountain passes very near your headquarters area. It would, I believe, be quite feasible to build a road up over the mountain and connect with the present road on Hurricane Ridge. No other entry can take the tourist so rapidly from the main highway to a vantage point from where so much of the Park can be seen. The present roads into this area approach by the south side of the mountains and consequently there is very little to be seen until the top of the ride is reached. Dy going up the north side, a view would be had of the Straits at all times. The climb would be in the open as the north side is much more rugged and does not have timber as high up as the south side. I trust that you will excuse this long letter, but I feel rather strongly shout this matter. 1 have lived here nearly thirty years and intend to be here in the future. I grant that it is necessary to leave timber available to the west of the Park to supply the Pulp and Ppper mills as they are the mainstay of the community, but these small patches of timber are on the north side of the kark and are of value only to the small logger acrd mill which has but a short life and contributoe very little to the welfare of the corn— raunity. ihe 1t. iirkoles area nas lon,; boon the favorite of hikers, part— icularly the youncz one, as it so close to the city and ofers such wonder— ful scenery In a ver_ EILICall area. Certainly it deserves to be protected. The Lome Creek watershed should have only two uses, for providinc water and for scenic beauty. The City would, of course, prefer to :,,ave the watersued under its control, but this appears to be impossible, so the next best, is to have it under the jurisdiction of a Department that in dedicated to con— servation and eau prevent it L:rom being spoiled by the StlAii loixer and mills tiint at beet, can exist only a few years loner. I treat tint you will see fit to recomend to the eresident tat at least in 2ange 5 and 6 i.W.L. tot ti4c Park be extended to the north to the present Olympic Lational forest boundary. Xi' there is aft oth.r information concernina this area and our iutere,:i, in it, t.t.t you ray deeire, we will be very clad to supply it. Very truly youra, Lis 4.ite t:upt. of Utilities tt �7CTCr Tl i� tMTPV �T Tie WASI C�i t1 YY S, ORrl�.rL GE1_�ES, VV ASI L a OBOE`. %ACE NO. Itl.■S An Uidm.tnce 01 the p01 pose of p1 otectrng the water supply of the C of Poi Angeles deflnuig the p1 opcl Lt and tea ttoi y constituting that part ol the Al 01 se C1 efts an d Its Tiil,utatles \V.tte, Shed civet which the Ott of Port Angeles is seeking to eset clse authotitt and 1u11sdletlolI declaring an enlet- genes and plmyldtng that this 0101- nance shall take effect 110mediate- ly attel publication '1'H E CITY COMMISSION OF THE CITY O1-' 1'OPT ANGELES DOES I ORDAIN AS POLLOWS 5ectlon 1 That 10 o1de1 to p10- tect the water supplt of the Cit\ of I'nit Angeles, and 10 01 del to comply itli the 1 ul es and 1egule- tlons of the State Boat d of Health of the State of A the Citt of Poi t Angeles does het eby exeletse and (1001,110 its authority and 1u1lsdictlon over that pal of the 11'lo1se (11 eel: and itsTi,butarles Watel Shed utilized by said City In connection with its water supply, and hereby ftxe.; the limits of the tet 1 2 and pi upci ty consf ltutrng the same, which p1opeity is all located In Clallam. County, \Vash- ingion, and is pal Dental descllb- ed as Iollows, to -writ Thal poi Lions of Sections 1, 10, 11 15, 21 2 2 29, 32 and 33, It Rig on the Morse C1 et k and its T11bu- tai ies side of the divide, 111 Town- ship 29 Not th of Runge f, West, \V M All of Sections 12, 13 14 23, 24, 2 5 26, 27, 25, 34, 35 and 26 111 Township 29 Not th of Range 6 \V,'et \V i\l C}1.:.t- f That 1)01 Don of sSectlons 5, 6, 17. 21, 26, 27 23 and 36, lynlg on the Mot sc Cl eek and its '1'11bu- i.tl1es sad, of the divide, in Town- ship 29 Not th of 14.inge :5 We',t, W bl All of Sections 7, 11, 1'1, 20, 29, 30, I1. 3 2, 3 I, ,14 and 3■ 111'l'own- ship 29 N01 th of I3ango 5 West, W M That p01 Hon of Sections 1, 2, 9, 10, 17 and 111 lying on the Mot se C1 eel: and Its 1'1 ibuLai Les side of the divide, in Township 21 Not th of Itnige 5 \\'Get, \V ➢9 All 01 Seet1o118: 3, 4, 1,, 7 and 3 in Township 2,1 Nnith of Range 11 west, R' .VI That pm ton of Sections 11, 1 1, 1 3 a 11 14 lying 00 the Mot se C1colc and its 'l'libut.0 les side of the divide, 111 'Township 2,4 No111t of Range 6 West, YI All of Sections 1 2 and 12 in Township 2ti Not Ili ol Range 6 \V•st, \V" S9 Section 2 That this 01 (finance is 1101 ess,it v tot the nnnlediate p1c- seivation of the public "health and safety of the cltlzens of the Cis 01 I'o1 I Angeles and 11 shall 1,11,0 effect and be in folr• 1m11,edial ely 21101 its paysa(2o, .approval and la wful public .tLim Passed LIst I•adntg by the Cifv Como lssuut I mcfnlbe1 211, 1 9 .1 3 1'assed se find 1 eliding by the City Commission .1 animas- 4, 1939 Passed (lin d 1 eacliug ,1.101 foully adopted and pressed by the City Coni011ssion Jana. i y I1, 19 39 \ppt eved and signed by the &la\ 01 2,1110,11 v 11, 1939 11 16 ILtt is, t 01 LEGAL PUBLICATIONS \test N _,3 T -0 11V Ii TNS, Cttt ('1011. Appr oved a" to tot 11 .bl 1 CUNNIFI'', City \ttniue' Pub .1,111 16111, 1939 ,I1> l 1� Vt. Royll. Harris Depertnent of Health Emith Tower, F,eattle, 7c,s11. Dsvr Roy: j1: IL Enc. Juluery 13$9 Enclosed to the watershed ordinance of the City of Ellensburg and also u opy of our nay wrAerchee. ordinance. Ours isn't lust as I would liked to heve had tt but it in the wuy our city Attorney thought best :id I preou2e corers the situation sctinfuetortly. Ttonts for the USe of the 11 cur; ordinance. Your truly s n. Supt. of Utilities. 5, CLARENCE D. MARTIN GOVERNOR STATE OF WASHINGTON DEPARTMENT OF HEALTH DIVISION OF PUBLIC HEALTH ENGINEERING SMITH TOWER SEATTLE November 23, 1938 Mr. Stewart H. White Superintendent of Utilities Port Angeles, Washington Dear Stewart: Replying to your letter of November 21 regarding a proposed ordinance defining your watershed, I am enclosing herewith an ordi- nance prepared by the City of Ellensburg. As this is an original copy, I should like to have it returned when you have finished with it. RMH :TW Enc Very truly yours ROY M. HARRIS, Chief Division of P Health Engineering DONALD G. EVANS, M.D., C.P.H. DIRECTOR Mr. Roy Barris State Department of Health Smith Tower Seattle, "feshington Dear Sir: November 21, 1938 11 5, s e are about to inset an Ordinance defining the limits of our Titer Shed and some question hae orison concerning the method of def;cription of such geogruphica features. I wonder if you could eond us L copy of Ordinances of other Cities so that ue may see that method is used and ilhht is covered in the Ordinance. Very truly yours, S. R. White SHViml Supt. of Utilities STATE OF WASHINGTON, County of Clallam, Z ;41ntr.ettture, Made this the party of the first part, and 191; November The said .ss. TREASURER'S DEED 7t Eclipse Mill Company No. /3 day of November between A. HER as Treasurer of Clallam County, State of Washington, Eclipse Mill Company part Y of the second part: ihiessa4, That whereas, at a public sale of real estate, held on the 5th day of A D., 19 pursuant to an order of the board of County Commissioners of the County of Clallam, State of Washington, duly made and entered, and after having first given due notice of the time and place and terms of said sale. And, Whereas, In pursuance of said order of the Board of County Commissioners, and of the laws of the State of Washington, and for and in consideration of the sum of Four hundred five 56/100 Dollars, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, I have this day sold to Eclipse Mill Company the following described real estate, and which said real estate, is the property of Clallam County, and which is particularly described as follows, to -wit: W2 E2 SE SW, Section 5, Township 29 North, Range 5 West W. M. being the highest and best bidder at said sale, and the said sum being the highest and best sum bid at said sale. Now, Therefore, Know Ye, That I, W A BAAR County Treasurer of said County of Clallam, State of Washington, in consideration of the premises and by virtue of the statutes of the State of Washington, in such cases made and provided, do hereby grant and convey unto Eclipse Mill Company it heirs and assigns, forever, the said real estate hereinbefore described, as fully and completely as the said party of the first part can by virtue of the premises convey the same. Given under my hand and seal of office this of November 7 th day A. D., 19.3P... County Treasurer. By Deputy known to me to he the Treasurer of Clallam County, Washington, and the person described in, and Cr MW County of' Clallam, .ss. STATE OF WASHINGTON, THIS IS TO CERTIFY, That on this me, HARVEY ;3 HAGG County Clerk and Clerk of the Superior Court of Clallam County, personally appeared W A. BAAR to me personally who executed the foregoing instrument, and he acknowledged to me that he signed and executed the same as Treasurer of said County, as his free and voluntary act and deed and for the uses and purposes therein metioned. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. A O w County Clerk and)Clerk of the Clallam County, G1 7th CO d 0 day of November By Deputy Clerk. 0 0 0 O 0 0 O 4-1 c O y' 3 G 0 O ro O 0) -o 0 U d) r-t r-t r-t A D., 19 38 before Court of I I ADDRESS REPLY TO FOREST SUPERVISOR AND REFER TO E Maps Drafting Olympic (Base Map UNITED STATES DEPARTMENT OF AGRICULTURE FOR EST SERVICE OLYMPIC NATIONAL FOREST Mr. S. B. White; City Water Department, Port Angeles, Washington. Dear Mr. White: District Ranger Blodgett has requested that you be sent a map showing the topography of the Morse Creek watershed, and we are glad to advise that we recently received preliminary prints of a contour map which will shortly be completed. We are, therefore, forwarding you under separate cover one of these preliminary prints for your use. Very sincerely yours, JAMES C. ILER, Forest Supervisor, -'c AY Acting. OLYMPIA, WASHINGTON October 28, 1938. 5 SCE- STATE OF WASHINGTON, County of Clallam, between •ss. TREASURER'S DEED No. P ZE4i JU 1 Ut1te,Made this....23xd. day of. August ,19.. 3.7 011 W. A. Baar as Treasurer of Clallam County, State of Washington, the party of the first part, and Eolips .Mill ..Company part .y.... the second part: XtYtESSE� That whereas, at a public sale of real estate, held on the 2lst day of August A D., 19 pursuant to an order of the board of County Commissioners of the County of Clallam, State of Washington, duly made and entered, and after having first given due notice of the time and place and terms of said sale. And, Whereas, In pursuance of said order of the Board of County Commissioners, and of the laws of the State of Washington, and for and in consideration of the sum of. '.Q111' 111,1 lead twenty -f ive and ----no/100 Dollars, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, I have this day sold to Ecl ips Mill Co. the following described real estate, and which said real estate, is the property of Clallam County, and which is particularly described as follows, to -wit: E E SE 9W, Sect ion 5 Townsn ip 29 North Range 5 West W. M. The said Ec11ps- Mil].• •Companyg being the highest and best bidder at said sale, and the said sum being the highest and best sum bid at said sale. Now, Therefore, Know Ye, That I, W.. A,...$a8.r County Treasurer of said County of Clallam, State of Washington, in consideration of the premises and by virtue of the statutes of the State of Washington, in such cases made and provided, do hereby grant and convey unto.... VC.1l.ps. Co. it heirs and assigns, forever, the said real estate hereinbefore described, as fully and completely as the said party of the first part can by virtue of the premises convey the same. Given under my hand and seal of office this... 23'4,. day of. ...AU.g 1,$ t A. D., 19. County Treasurer. By Deputy I sN\ County of' Clallam, •ss. STATE OF WASHINGTON, THIS IS TO CERTIFY, That on this 23rd. me, O a) G1 0 day of August A. D., 1931.., before iar.vey County Clerk and Clerk of the Superior Court of Clallam County, personally appeared L. •A., Saar to me personally known to me to be the Treasurer of Clallam County, Washington, and the person described in, and who executed the foregoing instrument, and he acknowledged to me that he signed and executed the same as Treasurer of said County, as his free and voluntary act and deed and for the uses and purposes therein metioned. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above itten. rior Court of Clerk. I,� UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST L Port Angeles, Washington EXCHANGES Haller Reed March 12, 1935 Olympic Mr. S. H. White, Superintendent of Utilities, Port Angeles, Washington. Dear Mr. White: Your letter of March 10 is received. The land exchange you mentioned is going forward as rapidly as possible at this time. While the informal offer has not yet been submitted, the cruise has been made and we have made an appraisal of the timber. As far as I can tell at this time the deal looks favor— able and we believe it will go through no doubt without undue delay. Thanking you for your communication, I am, Very sincerely yours, LDB /ghl L. D. BLODGETT District Ranger rch 10, 1V,13 ;:a.. L. D. 7,1ok7;3ett Diutriet Il&nrok Forest Service, Fe2ora1 BuiKiag Port -21:a..elc;lr, Dcar Sir: Sc 20 io uo disclz=d 77ith you t:qo possibility of the Yore t jorvice ccoltrol of pvivote tiv.bor uithia tzc '6.3atio2L1 Forest beuadLry th,.t iu in cur Ebro Creek .(ter $lied. I urdercitLmd aaler _Tsc Ponel hcvo eoi tov in Section 17 Tom9hif, iJ) hope thLt your nocc tiLtionc vith &ller and Reed Lre ouc000eful, uu feel thit it is o_ vital it!-!,:ortence to havo this tipbor under the control of the Ctovor=lent, Tather privc.te If this area should be :,mcludod in the proposed tqc.ltiu7.a1 i&rl I ri sure tht the tionci 2ark co 10 uouLa be ealy to Gleld to hclvo these 1?rivato holdincs, es I believe that they uill Ls Euch intorested jn pr -ervinc our tor check Ls hao been your doyrtne I M con in ,,ny 7by Ati? those ResotiLtions Le tAll be only to Gl,d to do so. I io €uro t:z the Colinty Bbalth Dem,rtnert, o .ell as 'clic) Steto ThLlth Dorartment uill su:)port your de in thif,7 1 Very truly yours, S. e 7 12ito SnperinteI,dent of Utilities STATE OF WASHINGTON ss. COUNTY OF CLALLAM do FROM THE MINUTES OF THE CITY COMEISSION OF THE CITY OF PORT ANGELES, WASHINGTON COMMISSIONERS JOURNAL, NO. 20, PAGE 29 The City Commission believing it to be to the best interest of the City of Port Angeles that that portion of the Morse Creek Water Shed that lies within the Olympic National Forest, and that it should be included in the new addition to the Olympic National Park, in order to protect and preserve the timber along the rugged valley and mountain side to prevent floods and erosion. Therefore, it was moved by Mayor Davis that the Supt. of Utilities be in— structed to write the National Park Service andrequest that all of the Morse Creek Water Shed that lies within the Olympic National Forest be included in the new addition to the Olympic National Park. Seconded by Commissioner Henson. On roll call all members voted aye. The Mayor declared the motion carried. This is to certify that the foregoing is a true and correct copy of the action of the City Commission of the City of Port Angeles, Washington, relating to the matter of having that portion of the Morse Creek Water Shed that lies within the Olympic National Forest included in the new addition to the Olympic National Park, as the same appears of record in Commissioners' Journal No. 20, Page 29. Witness my hand and official seal this 1st day of March, 1939. City Clerk of the City of Port Angeles, Washington. lir. F. U. Eathiac County kluawinc; Hoquiam, 7shinton Dor-r :ir: Sb Yebrury 193S The Cit Clerk hue roc un to .071s;,er your lotto:"? concerni:4! ortmcro Olr1c NrAionra :7;r1,7. I iav e not, a$2 yet seen the rn;) roferod to, so oun not oommnat on all of the bolladarios. T;loucvcr, it is 15y underntanfli:13, tIaLt tbc northern bo Mutt include° the uuter shod, was to ores ent intlo. L Fore"t ";o1.1a0c nclAcic of thr (ter:35 L:upnly, wzArT 7;o7tion irivv_tcly feel tit this to 0::tropP17 protoeti( :.11flolbtodly be (TocA benefit in J:z.irto,ini: Vie ti:bcp, '-1,91— in t4i5 unierottInd th-t our WILLter of k;oma i© objectiac to Vie 7 nanC'_ry ex:tmision ca t'e uhich OUi.i t,,Lo considerul is Lot c( noldored to be desirebls in the LJLltioi To outhern oolnth.,r, of course, not TxticW.%.rly inauchce thin cotton o tc Pomninuula, and aL.turz..111y t;:re of muciA mare I.J37,ortuace to diet.vict. As fcr Ls our ,-,unicii)le v:ter sa,;ply t cu.nceonc:1, feel very ue in fryer ef to no:' 1)ro)cscd. Vb7y truly yours. 9. Z. hito Suy of Utilities OFFICE OF COUNTY PLANNING COMMISSION Dear Sir: Goat 'Ws City Clerk ,4/7/ tort Angeles, ;ashington AOlga �ast �:�.z�'aoya\.a':,Saa�c, `�i��� Montesano washing ton Hoquiam, Washington e have just received a copy of a map indicating the boundaries for a proposed Olympic National Parr, as prepared under date of February 12, 1938. .';e note that the boundaries include the Port Pngeles municiple water supply for a large district adjacent to your city. It is our contention that the boundaries of the proposed park are too extensive as they tal-e in terri- tory containing valuable mineral deposits and water ?over that should be available for industrial and dom- estic use. Kindly advise if you are in favor of the boun- daries of an Olympic Park as now proposed. Very truly yours, CO7ETY PLAN ^TINC CC"_ISSTCN F. P Chairman MEMBERS THE STATE GAME COMMISSION THOMAS A. E. LALLY, CHAIRMAN SPOKANE VIRGIL B. BENNINGTON WALLA WALLA C. A. STAPLETON OMAK STATE OF WASHINGTON O THE DEPARTMENT OF GAME Mr. S. H. White Superintendent of Utilities Port Angeles, Washington Dear Mr. White: 401 -415 LLOYD BUILDING SEATTLE B. T. McCAULEY, DIRECTOR April 6, 1937 This is to advise that the State Game Commission at its regular April meeting closed Morse Creek and tributaries above the Port Angeles Dam to all fishing in accordance with your recent request. This closure will be legally advertised and in- cluded in the 1937 fishing pamphlet. BTM:EH Very truly yours, THE DEPARTMENT OF GAME By B. T. McCauley, Director MEMBERS THE STATE GAME COMMISSION H. D. HINCKLEY SEATTLE CLAUDE C. SNIDER VANCOUVER L. GLENN DAVIS MOUNT VERNON MEMBERS THE STATE GAME COMMISSION THOMAS A. E. LALLY. CHAIRMAN SPOKANE VIRGIL B. BENNINGTON WALLA WALLA C. A. STAPLETON OMAK Mr. S. H. White Superintendent of Utilities Port Angeles, Washington Dear Mr. White: TAEL:C STATE OF W WASHINGTON O H. D. HINCKLEY SEATT LE i 2 THE DEPARTMENT OF GAME 401 -412 LLOYD BUILDING SEATTLE B. T. McCAULEY, DIRECTOR Spokane March 20, 1937 I have yours of March 19 explaining how the City of Port Angeles obtains its water supply from Morse Creek, which has been closed for a number of years, but which we have now opened to fishing, and which will, in your opinion, cause pollution of the water supply, and requesting it closed. I am sending your letter to our Director of Game, B. T. McCauley, in Seattle, with instructions for him to do what should be done, and if necessary he can call it to the attention of the Commis- sion, which will meet in Seattle on April 5. Very sincerel ii;2 c hairman. mas A. E. Lally, MEMBERS THE STATE GAME COMMISSION CLAUDE C. SNIDER VANCOUVER L. GLENN DAVIS MOUNT VERNON ADDRESS REPLY TO FOREST SUPERVISOR AND REFER TO L Uses, Olympic Port Angeles Water Supply Enc. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST L Hon. Ralph E. Davis, Mayor of the City of Port Angeles, Port Angeles, V ashington. Very sincerely yours, OLYMPIA, WASHINGTON April 3, 1937 Dear Mayor Davis: I am pleased to transmit the cooperative agreement providing for the conservation and protection of the water supply of the City of Port Angeles, which agreement was signed by you and formally approved by the Acting Secretary of Agriculture on March 11, 1937. I will be glad to meet with representatives of the city at any time to discuss the formulation of any special rules or regulations which the health authorities may feel are necessary to carry out the purpose of this agreement. J. R. BRUCKART, Forest Supervisor. I trAxin.a"JVT; 4 gcaar4 Ava o:„.z2 u wry Tc on 'g,To o7A oe.zr. Pau o4tAloaqo 000p pemboa ,PT4sor=o pepori.exf oq auTziq.ruatl. o puo c=0_, Tn9,1A 30 CT ZT uAtC6:z1n aollzr.1 o. o ft:u3cDx_V ofpac !loa c Tailo7p 1:,Tqa30 Q.020r-D OC1, )1:crrosat ocl 1.7 2...!oacmcaiseo ry0c)Nrio 'urccoro 04,2 37 CT":. °roe to 3 povoq.0Tgo uT meg fx7:: ofroy, cra; 2o'o," ov, ovq. r7.7c 30 to oocio mug vot1.1;eo( 04 Tun o- 50 E77100TD R.00MO /1"17A,ZIOCCIPAC O op I glir7 so :or C.31,v3 tv,s,t3F. 6.1,14; C ort 7 f3 1.iz3o1 ora pat, lee idy tar of.' I. .1. 1 j 1111 '340 AdDrip :40 b;)a,.. to ..-3eot iO- Lo dau (.YrJk.a t 4 .4 1 10 T z.). i&tGi 7:1ra k: (3;:.C; 10' iU Ek• iLtt Olt)); ft‘.; jtEA;L; rxi: t)'2 Gity Y. bo cu to t.I t ‘vol Ty;r orL;k3 C. Qg' Cr :V 10.2 'Aso crar Y."041; /10 t Cot 1 /Ut:i tLR3 Callt!1.1": OE v2cit (33) tO 'CO t (77," ;4 ■Joiby.- ItlEj '4"-",uri7lan 7 :i;(01.7 7 AC34.1. 2 VIP2:10% to t &1bZ c ';1`31.P, "i;:?CJ r4 IC) :A0Eri,10 it's 32 171/..) xx„iyix ov1,1„.:A; i$ :7, ii tJ. 1.10 _1,11 g24,.....1112.11,7; 0 rv t'%3 ii j 02:3 -Y4)* 'Mit ac:VW/G.0:1VA ti V011700 ituc. t 'U 1aa o";ym oar voz'o 43 6,) a 1:1, 0.1 ;.0 'f2C, 4 .4 0 -0E3 2: do 1.11`.:t.; 1 ,.X3 k.;,( Va f"V- r; U. J- LK) 1 2J 0 r.‘ cr2 P,1A.;0.,k 4 2+N.) Zr 2, E ZJ ft C30,2: kJ, 31' ICY+ 't 22t3C) •T't, 4'- day of UNITED STATES DEPARTMENT OF AGRICULTURE Office of the Secretary COOPERATIVE AGREEMENT FOR THE PURPOSE OF CONSERVING AND PROTECTING THE WATER SUPPLY OF THE CITY OF PORT ANGELES THIS AGREEMENT made and entered into this one thousand, nine hundred and 4 by and between the City of Port Angeles, State of Washington, through Ralph E. Davis, its Mayor, and the United States Department of Agri— culture, through Harry L. Brow. Acting Secretary of Agriculture, WITNESSETH THAT, WHEREAS, the following described lands: Those portions of Townships 28 and 29 North and Ranges 5 and 6 West, W. M., shown on the attached map and not privately owned, comprising 27,500 acres, more or less, which lie within the boundaries of the Olympic National Forest, and within the watershed from which the water supply of the City of Port Angeles is obtained: NOW THEREFORE, For the purpose of conserving and protecting the water supply of the City of Port Angeles, the Secretary of Agriculture agrees: FIRST, that the Department of Agriculture will not authorize, by permit or otherwise, any use of said lands under conditions which, in the opinion of the proper State or Federal authorities formed after due study and investigation, will diminish, pollute, or contaminate the S SG. fb water supply of the City of Port Angeles to a degree detrimental to public health or safety and not practicably remediable by means other than the closure of said lands to such use or occupancy; but the Sec- retary of Agriculture may adopt and apply measures for the proper care and protection of the forest; the marking, cutting and disposition of such timber as, in the judgment of the Forest Officers, may be removed without injury to the water supply of said city; the construction of roads, trails, telephone lines and other means of transportation and communication not inconsistent with the objects of this agreement; and for rights of way or other rights or interests acquired or established under specific Acts of Congress. SECOND, That all persons employed on or occupying any of these lands for any purpose will be required to comply with the regulations governing national forests, and to observe such sanitary regulations as may be proposed by the said city and approved by the Secretary of Agri- culture. THIRD, That no restriction of travel is contemplated on the Morse Creek -Deer Park road to the top of Blue Mountain; nor along the southerly and westerly boundaries of the aforesaid watershed between Deer Park, Obstruction Point and Mt. Angeles, either by foot, horse or automobile; except when called upon by the proper City authorities to prevent pollu- tion or contamination of the water supply to a degree detrimental to public health or safety to the community of the City of Port Angeles as determined by study of the proper State or Federal authorities. FOURTH, That, so far as practicable with the means at his disposal, the Secretary of Agriculture will extend and improve the forests upon these lands by seeding and planting and by the most approved methods of 2 silviculture and forest management. AND THE BOARD OF COMMISSIONERS FOR THE CITY OF PORT ANGELES REES: That the said city will cooperate with the Forest Service in patrol above- described lands for the enforcement of the regulations and ntion and suppression of forest fires; and that the additional ered necessary by this agreement shall be appointed by, and esponsible to the Supervisor of the Olympic National Forest, Pro ards so appointed shall be satisfactory to the City of Port �t, `,ti s, ';their compensation will be paid by said city at the same ra r, �i� k ne oyed by the Forest Service on similar duties. Bot °tie the right to terminate this agreement at any time on not ,��o th x er party, provided that all obligations under the agreement .e of termination have been met. The under. �d ag the above propositions and agree to carry them out as far a,;, -y havti icial power and authority to do so. 1 ting Secrete of Agriculture. Mayor. a:v:2;AL: L 4, OL'J iS 00 11 n:rdi c, CZ.:' A 1 ',K3f3, C I i Bt II 10 Z1.3, \7 y ca T., 5.56 ADDRESS REPLY TO FOREST SUPERVISOR AND REFER TO L -Uses Olympic Port Angeles Municipal Watershed Department of Utilities City of Port Angeles Port Angeles, Washington UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST Very truly yours, By OLYMPIA. WASHINGTON August 14, 1935 Dear Mr. White: Your letter of August 8 is received. I am glad to know the city commissioners find the proposed agree- ment satisfactory to them, except for minor possible changes, as dis- cussed in your letter. It seems that we have mislaid the duplicate copies of this agree- ment and map, and it would expedite matters if we could obtain the copy left with you for the purpose of drawing up the final agreement. If it is available will you please forward it to this office as soon as con- venient so that this may be done. H. L. PLUMB, Forest Supervisor. 71, Ilan Cok 11-) 0444 OK'? 3Lit V. .ci4: SO?;Va(30 iVO, .■;::0 .0 1C '''7UU 0 0 002g I:V: 1 1;01'0' 0 11a U 4aj le 0 Cj 02? 41: naa.1. `Z, J/72.7 1Lii; 14)35 1Vj 11;:o vitt), Cnw ,?:7 Zool TO ifl1 7)0 a los11;:. .:4 .13'2 yon i;t) 10 ciff,;43Y, L 1.30,ZtoC" to tO T?a) e nu V ro:;1:3 3 cz oo0 'L not :.kuuLl :0213 CIALn 0 O im) ozo :;7_tv 2,1; Tro i OL a= c121 sat1L)Eaol;ore; OTe vivo* 010 (plareni 001.Y1 t' I0 13C O. ID 1,0 'LK! EKVC; OrY9 (CM$)ii Cle!):`2)11 72i,! `C7011 f,or tho 1200 ':Ver avilt2Y3lo uxjloytioo a: iaD Aujoot VtTh, 1VA. ADDRESS REPLY TO FOREST SUPERVISOR AND REFER TO L Uses, Olympic Port Angeles Municipal Watershed Mr. Stuart H. White Supt. of Public Utilities City of Port Angeles Port Angeles, Washington Dear Sir: UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST RVIct �xmxr OLYMPIA, WASHINGTON July 18, 1935 Reference is made to the preparatory agreement between the Forest Service and the City relative to the requirements for extra patrol in the Morse Creek watershed as a source of the municipal water supply. Discussion with Ranger Olander leads to the conclusion that the extra patrol required should be mainly in the lower watershed, along the trails to Morse Creek shelter, about two or three times a week, and the maintenance of a registry booth for travelers in the area. Under ordin- ary conditions patrol into the upper country is not necessary at the present time. A registry booth may be best located probably at Morse Creek bridge. When the City Council has considered this proposal, this office will be pleased to discuss this matter further. Very truly yours, H. L. PLUMB, Forest Supervisor, O z-.-t-e G Permits, Olympic Mt. Pleasant Cattle Co. Mr* Milford i acrett, Sec. Mt. Pleasant Cattle Co R.F.D. #2, Port Angeles, Wash. Dear Mr. i'acrett: S. H. White Lay 27, 19Z5 S6 In accordance rith the agreement reached at the meeting held in Port ingclee on sy 25 with your Association an(' at .rich Mr. Stuart H. Thite was present, representing the City of Port Angeles, re will ap )rave your apvlic_;tion of March 25, 1955, for 76 head of cattle on the range which your .Association has formerly used which includes the Morse Creek drainage, with the understanding that no permit on the Morse Creek drainage will be issued for any cattle or other domestic stock after 1955. Th'i c permit is being issued this year with the understanding that tour association 111 salt the cattle to utilize the range which lies outside of the Morse Creek drainage as muc'e as possible, and also, by proper a alti� 3, that you will keep the cattle away from the recreation areas so far as peseible. This apjilies particularly to the area around Idaho Camp. Tith the construction of the road up Banal Ridge to Idaho Camp and iarrica.ie Hill, and on to Obstruction Peak, we predict a large recreational use of this area and proper zalti:ig is neces: ary to control the movement of the cattle and some riding of the range ::.ay be necessary to assist. This will involve moving salt from one location to another. If salt is a1— loc.ed to remain in areas fromahich you wish to remove the cattle, the cat— tle are almost sure to return. By using this suer; road it gill be possible for your members to visit the area frequently to determine the condition of the stock and to see that no stock should become sick and die, and re— main where it sight pollute the later system, From the attitude expressed at the meeting, I feel sure that your members are all wilitug to take any action necessary to protect the water supjly of the City of Port Angeles from possible pollution, It is planned during the year that we will make up the necessary agreement T ith the Cit; of Port Angeles to exclude people from using the area, since there is more danger of polution with typhoid germa from humans than there is from cattle. Ran er Olender will be glad to work out no plan of ealting and hand— ling the cattle with you. The letter of transmittal for the 1936 season is enclosed* This payment shoulo be sent In before the range is used and since the season is late, it would be very desirable to make a trip in to see the condition of the grass before the cattle ar: liken in Enclosure* Very sincerely yours, H L* PLUMB, Forest Supervisor* Permits Mt. Pleasant Cattle Assn. Milford Eacrett Mt. Pleasant Cattle Assn. Port Aneeleo, Washl%toa Mr. S. H. White, Supt. A mpept. of Public Utilities II/Port Angeles, Wash. May 20, 1935 H. L. PLUMB, Forest Supervisor* s Lear Sir: Your letter of May 15 is received. If any time on gay 24 roAld suit your mmealeace, I cLall be i to meet rith you. I assume that an evening meetLnE rould suit you better an1(i thie wo be satisfactory if you will let me knov.the time. Since the City officials are interested in t'lle problem and have re. quested that the cattle be excluded from the Morse Creek watershed, it seems to me t it would be very desirable that aLtend this meetin3 also. If this is satisfactory with yea, will you please in touch with Mr. S. H. Thite at the Department of Public Utilities and request that the City be represented at this meeting? IL till also he appreciated if you ill notify Mr. Olandor at the Elrha l'anger Station of the time of the meeting. Very truly yours, WM. D. WELSH, President HBM./ws enc 1 I PORT ANGELES CHAMBER OF COMMERCE Member of United States Chamber of Commerce P t 7L r P ulp pond PaprrCapita[ f�rNwrhmett" PORT ANGELES, WASHINGTON BArch 1, 1935 ir. Stewart White, Superintendent of Utilities, Port Angeles, Washington. Dear Stewart: 1 am attaching hereto a letter received from Benj. Y. Phillips some time ago which is self explanatory. Z am forwarding this to you for your information. Yours very truly, 1 17 3, G: IE CHA.MBBR OF COI'.IMERCE H. B. MOLCHIOR, Secretary Manager Molchior, Secretary Manager BENJ. N. PHILLIPS PRESIDENT Dear Herb: BNP:RO IN PORT ANGELES CAPITAL AND SiJRYLLTS $150.000.00 PORT ANGELES ,WASH. Mr. H. B. Moichior, Secretary Port Angeles Chamber of Commerce Port Angeles, Washington Verb truly yours enj. N. Phillips September 28, 1934 Some years ago Mr. R. L. Fromme, then supervisor of the Olympic National Forest, stated that if the City of Port Angeles would agree to patrol the Morse Creek water —shed against fire and pollution, the forest service would agree to preserve the timber in the water —shed. At that time it was impossible to get the city commission to take any interest in the matter. I think we will all agree that the timber on Morse Creek is more valuable standing than cut into logs. Standing timber preserves the flow of the stream to a remarkable extent. The logging operation in the water —shed would, unless carried out under the strictest kind of sanitary measures, endanger the health of the users of the city water. This timber is also a scenic asset and is in view practically the entire length of the new road to Deer Park. I would suggest that a committee be appointed to urge upon the city commission the advisability of attempting to get the forest service to set this timber aside. If this is not done, I have no doubt whatever that the forest service will sell the timber at the first favorable opportunity. 5.5C- ADDRESS REPLY TO FOREST SUPERVISOR AND REFER TO L Uses, Olympic rr. S. U. "'bite, Superintendent Department of Utilities Port Angeles, '."ashington Dear I. "r. White: UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST Very sincerely yours, OLYMPIA, WASHINGTON August 28, 1934 Reference is made to your letter of August 9 and the resolution signed by the mayor. I have been aray from the office the greater part of the month and just got to your letter today. After the fire sec son is past, I believe i4 :mould be desirable to get together with you and indicate on 91 map just what should be done and then draw up an agreement for the handling of the watershed on a basis which rill be satisfactory to both parties. H. L. PLUI:IB, Forest Supervisor. 5 ,5G RESOLUTION qftlating to atershed of Port Angeles later Suenly'.. (Directed to ?Jetted etees national. Forest Depertment.) ,FeREAS, the entire supply of water for hoUsehold and domes- tic use in rort 4ngelee is secured from More Crook and distributed for drinking and other purposes to-about elevei -thousandpeople, and wiirnnks, the area comprisine the watershed for this supply bee recently become more aeceseible for tunteng, fishine and for loceie because of trpil and road construction by the Civil Con- re; en Core and the increased occupancy bar been direotly re- flected in the contition of th eater es ctscloeed by teste eliTeRrAS, it is praoticabie to reeulate and 'control thee activities Under proeer euthority and 7r1SA57/,, the area in thie watershed isecompcsed of the drainage basin of reek and ite tributaries and bounded in general by ridge extending from the den located in the ter of Fee. 5e Twp. 29, Ne, R. 5, W. 'A. M., to Round"rountein, eaUe,ountein, Green Yeuntain, Obstruction Point, 7 Feint Steeple Pbek, t. kneeles and 1et. Pleasant, and 6THERZAS,'the area in this weternhed et present not eith- in the 'Tational Vorest, is approxiMately as follower ("-ootions 11 and 12, Twp. 29e N., 1. 6, W. W. M. and Sections 5, y, 7, 9, 16 end 17 of.Twp. 29, N., R. 5, W. TRrAEFORE, Br IT RreeOLVED Mat the supervision, regula tion and control by the Ilnited cetates National Forest leeparteent of 11 activities upon thie watershed ie of v1tl Itportanoe to the heelth and safety of the inhabitants of the •City of art hngelee. IT FURTHrR RISOLT That the City Oommisaion, eeving in in the health and ssPety of the innabitants, does hereby re- quest the liational Forest D as follows To acquire so much as possible of the land In this water- shed not already controlled by them. To close all of this watershed to hunting, fishin and travel in general, save only the trails and roads so located that their use will not contaminate the water supply or increase the denier of fire in the area. To prohibit the use of the watershed for "rne ins;. To establish and enforce suitable regulations for to •sing and other industrial activities on the property not aceuired by the I. !to defer all logging in that portion of the Yetianal Forest so fares poeeib1e. That such rules and regulations be adopted with the in- tention of protecting tte water supply of the City of rort kevee les fro: contamination by use of the area, and from changes in the natural flow of the streams, beceuee of the removal of tee standing t imber nr. IT FURTriF;R RESOLVED, That copies of this resolution be submitted to the proper officers of the United P`ational Forest for this ristrict for their immediate consideration. eessed by the City Commission of the City of Port An +71ee and a__proved and signed by the Mayor this 8th day of August, 1934. Attest: 2r1-71 )7 1 e TehweIee. City Clerk. Apezoved as to form; 1F City Attorney. Approved: Supt. of Utilities. 6 Mayor. ADDRESS REPLY TO FOREST SUPERVISOR AND REFER TO L Watersheds, Olympic City of Port Angeles Dept. of Utilities Light Water City of Port Angeles Port Angeles, Wn. Dear Sir: UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST Attn: S. H. White. Supt. OLYMPIA, WASHINGTON July 18, 1934 Your letter of July 17 is received. Mr. Plumb is to be in Port Angeles within a day or two and f believe it is his plan to take this matter up with you personally, at that time. RECD JUL 19 7934 Very truly yours, H. L. PLUMB, Forest Supervisor, By e• -f. Acting. 5.s' Mr. H. L, Plumb, U.S.Forest Supervisor, Olympia, Washington. July 17,1934. Dear Sir: The State Board of Health recently made a sanitary survey of our domestic water supply watershed. This has brought to attention several bad conditions which I believe that your Department can be of much assistance in remedying. The main watershed,as perhaps you may know,is that of gorse Creek. The dam and intake is located on Morse Creek about at the center of Section 5,1'.29 N.,R.5 W, This is below Lake Creek but above the next creek that flows in from the Southeast. This then gives us a drainage area composed mainly of the various branches of Morse Creek,Maiden Creek and of Lake Creek an Lake Angeles. A large amount of this area is in the Olympic National Forest and consequently under your control. At present there is some of the land just outside of the Forest Boundary that is being logged. It is on Lake Creek,not far from the dam and has given us considerable trouble due to their pulling logs through the creek which fills the stream with mad and other debris. I feel that there is a decided danger to our water supply if this unregulated logging is permitted to continue. I understand that additional territory is to be logged in the near future. The stream flow is now fairly consistent and not too turbid except during extreme flood conditions but if the watershed is improperly logged or burned I am afraid that due to the extremely steep slopes much trouble will be had with rapid run off,seasonal droughts, and turbidity due to soil erosion. The privately owned territory that is most important is composed of Sections 6,7,8,17 and the S.W. of 5 of T.29 !(.,R 5 W. This is partly owned all -ready by the U.S. and the largest private owner is the Milwaukee Land Co. If the City were financially able it would be wise to purchase these private holdings but this is impossible at the present time.However, it has been suggested that this area might be acquired by the Government and included in the Olympia National Forest. Perhaps these areas could be traded for some others that are not of such vital interest to such a large number of people, Another problem that is becoming very insistent is that of sanitation in the watershed. This has recently become more necessary due to the opening of the country to travel by the building of the Deer Park road and other connecting roads from the Mt.Angeles road to the Round Mt. road by the 0.0.0. Perhaps these roads are of value for fire protection but otherwise they are extremely unwise as they are so concentrated in the watershed that supplies the City of Port Angeles with its water. Increased travel and logging is bound to occur unless they are closed to travel. In fact for the protection of the water supply the **hire area should be closed to travel of any kind. Morse Creek is at present closed to fishing and although it might arouse considerable protest I believe that the area should also be closed to hunting. I understand that in the past considerable cattle and sheep have been allowed to graze in this area and now that the Deer Park road is completed I presume that even more will be moved in there unless this practice is stopped which 5„ SC. x.L.Plumb 2 I believe it should be. Lake Creek,the outlet of Lake Angeles,runs into Morse Creek above the dam. Travel to Lake Angeles has increased considerably in the last year or so. Fortunately there is no road to it although I _presume that when the road through Lake Creek valley and across parse Creek is completed there will be additional travel. It has been sug— gested that since there is considerable travel into the Lake a trail would be of benefit in that it would keep the travelers concentrated in the area and proper sanitation could be provided,particularly at esta'qU shed camps. Perhaps,however,it might be better to close the Lake to fishing,whieh would probably discourage mach of the travel into it. fe also maintain Ennis Creek as an emergency water supply and are therefore interested in having it kept clean.However this is of secondary importance as it is only used in oases of extreme necessity. To summarise,we are suggesting that three things be done by the Forest Service. First,to acquire the few private holdings in the water shed areas and incorporate them in the Olympic lational Fkrestisecond, to close the watershed area to all travel if possiblejand third,if it is not possible to completely restrict the travel to provide trails and campsites with proper sanitation. I do not think that it is necessary to impress upon you the gravity of the situation as you undoubtedly are familiar with it. We do not treat our water in any way and although it could be chlorinated I think that you will agree that a protected watershed is of prime importance. It has only been during the last year of so,since the C.C.C. has been building roads into the area and the logging has begun that this matter has become so important. I sincerely hope that you and your Department will give this matter the utmost consideration and attention as it affects the health of several thousand people. If there are any other details concerning the matter that I can furnish or if I can assist you in any way I will be very glad to io so. SHW re Sincerely yours, S. H. White, Superintendent. ADORERS REPLY TO FOREST SUPERVISOR AND REFER TO S Sales Olympic Morse Creek Area Mr. Max Church, City Attorney, Port Angeles, Wash. Dear Mr. Church: Enclosure. 110 J r •5 (o UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST Very truly yours, OLYMPIA, WASHINGTON March 1, 1930 Enclosed is a plat showing four forties in Section 7, T. 29 N., R. 5 W. which have been applied for by a logging concern. You will note these four forties are nearly surrounded by private timber which is to be cut within the next year or two. On the upper side the ground is steep and rocky, and in the SVI of Sec. 7 the timber is unmerchantable. It would seem to be good business to place this timber on the market at the same time the private timber is cut, since this timber if left would be very apt to be damaged by fire and be subject to wind- throw. It would be adpreciated if you would take this up with the City Officials, and advise me concerning their ideas in the matter. H. L. PLU Forest Supervisor ;torse ,r8e� _.rea V. e P 32. 1 Olymple :1�: T. 27 J r e t ;;urve:ye r 0 NS/ono I 1 33 I I 1 I 1 4 Legend 1 l e wroposed ,r, 1 area .'r iva.te 'Meg 1` to be 1...16:0_2 r I 9 I I RI) 2-