2002-151875 Washington County,Oregon
12/1 '12 09:35:53 AM 2002-151875
D-Ra Crtt=1 Btn=21 RECORD81
$50.00$6.00$11.00-Tota!=$07.00
00220541200201518750100100
I,JerryHanson,Director of Assessment and Taxatlon
and Ex-ONlclo County Clerk for Washington County,
Oregon,do hereby certify that the within Instrument o1 s ;
writing was received and recorded In the book of �
records of said county. •
�sOr
Jerry R.Hanson,Director .ment and Taxation, '
Ex-0Rlclo County Clerk '""O
CI'T'Y OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
COVER PAGE FOR RECORDING
Name of Transaction: Establishing Reimbursement District No. 23 O'Mara
Street Reimbursement District
Name of Person(s), Address, and Map and Tax Lot Identification:
2S102DC00502, Eardley, 9050 SW O'Mara Street
2S102DC00511, Yedinak, 9090 SW O'Mara Street
2S102DC00502, Fuller, 9130 SW O'Mara Street
2S102DC00506, Mueller, 9190 SW O'Mara Street
2S102DC00508, Hodapp, 9210 SW O'Mara Street
2S102DC00300, Fisher, 9240 SW O'Mara Street
2S102DC00302, Fisher, 9240 SW O'Mara Street
2S102DC00402, Bunger, 9215 SW Edgewood Street
To be recorded in Deed Records per Tigard Municipal Code 13.09.
CITY OF TIGARD, OREGON
2002-151875
RESOLUTION NO. 02- 9 0
A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 23 (SW
O'MARA STREET)
WHEREAS, on April 9, 2002, the City Council approved Resolution No. 02-28 to form Sanitary Sewer
District No. 23 to construct sewers in SW O'Mara Street in accordance with TMC Chapter 13.09; and
WHEREAS, Resolution No. 02-28 included the City Engineer's Report, which contained an estimated
construction cost and total project cost; and
WHEREAS, construction of the sewer improvements has completed, final costs have been determined and
the City Engineer's Report has been revised to include the final costs as required by TMC 13.09.105 (1);
and
WHEREAS,these property owners have been notified of an informational hearing in accordance with TMC
13.09.060 and an informational hearing was conducted in accordance with TMC 13.09.105; and
WHEREAS, the City Council has determined that the proposed revisions to the City Engineer's Report as
recommended by the City Engineer are appropriate.
NOW, THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1 The revised City Engineer's Report titled "Sanitary Sewer Reimbursement District
No. 23 (O'Mara Street at Chelsea Loop)", attached hereto as Exhibit A, is hereby
approved.
SECTION 2 The City Recorder shall cause a copy of this resolution to be filed in the office of the
County Recorder and shall mail a copy of this resolution to all affected property
owners at their last known address.
EFFECTIVE DATE: This resolution shall be effective immediately.
PASSED: This / —� day o 2002.
M yor- City f ' and
ATTEST:
f /�
CerMto be a True Copy of i'n lc-fm 2-87
Cc =C C G-e odgwd on
City Recorder- City of Tigard" '-
11dg333Wsr%depts\citywide\res\reir 23(Wnnara)final docN*W
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4 E
RESOLUTION NO. 02-
V
Page 1
Exhibit A
Final City Engineer's Report
Sanitary Sewer Reimbursement District No. 23
(O'Mara Street at Chelsea Loop)
Background
This project was constructed and funded under the City of Tigard Neighborhood
Sewer Extension Program (NSEP). Under the program the City of Tigard installs
public sewers to each lot within the project area. At the time the property owner
connects to the sewer, the owner pays a connection fee of $2,335.00 and
reimburses the City for a fair share of the cost of the public sewer. There is no
requirement to connect to the sewer or pay any fee until connection is made. In
addition, property owners are responsible for disconnecting their existing septic
system according to Washington County rules and for any other modifications
necessary to connect to the public sewer.
Project Area - Zone of Benefit
An existing sanitary sewer line is located in SW Chelsea Loop as shown on
Exhibit Map B. The line from Chelsea Loop would be extended south then
continue west along SW O'Mara Street serving eight lots on the south side of the
street. The five contiguous lots further west were provided with service on
January 26, 2000 through Reimbursement District No. 17. The lots on the north
side of SW O'Mara are currently served from SW Hill Street.
The District was originally proposed to include only the seven lots fronting SW
O'mara Street. During construction, the owner of a lot to the south at 9215 SW
Edgewood requested service (letter attached) and obtained the easement
required to extend a service line from SW O'Mara Street to the lot. This lot has
been provided with service and inclusion in the district is recommended.
Cost
The final cost for the sanitary sewer construction is $67,088.00. (This amount
does not include $1,500 for an additional service lateral requested and paid for,
by the owner of 9130 SW O'Mara Street). Engineering and inspection fees
amount to $9,056.88 (13.5%) as defined in TMC 13.09.040(1). The final total
project cost is $76,144.88. This is the amount that would be reimbursed to the
sanitary sewer fund as properties connect to the sewer and pay their fair share of
the total amount. However, the actual amount that each property owner pays is
subject to the City's incentive program for early connections.
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2002-151875
In addition to sharing the cost of the public sewer line, each property owner will
be required to pay an additional $2,335 connection and inspection fee when
connection to the public line is made. All owners will be responsible for all
plumbing costs required for work done on private property.
Reimbursement Rate
All properties in this area are zoned R-4.5 but vary in lot size from about 9,500 to
24,000 square feet. Therefore, it is recommended that the total cost of the
project be divided proportional to the square footage of each property among the
seven properties included in the reimbursement district as shown on the
attached table. Resolution 01-46 limits this fee to $6,000 to the extent that is
does not exceed $15,000 per owner for connections completed within three
years of final approval of the City Engineer's Report.
Other reimbursement methods include dividing the cost equally among the
owners or proportional to the length of frontage of each property. These
methods are not recommended because there is no correlation between these
methods and the cost of providing service to each lot or the benefit to each lot.
The lot proposed to be added to the district at 9215 SW Edgewood Street has a
forty-foot wide 155 feet long (6,200 square feet) undevelopable driveway to
Edgewood Street. The area of the driveway was deducted-from the total area of
the lot to arrive at the area used to compute this owner's share of the public
sewer line.
Each property owner's final fair share of the public sewer line is $0.4717
per square foot of the lot served as shown in Exhibit C. Each owner's fair
share would be limited to $6,000 to the extent that it does not exceed
$15,000, for connections completed within three years of City Council
approval of the final City Engineer's Report following construction in
accordance with Resolution 01-46 (attached). In addition to paying for the
first $6,000, owners will remain responsible for paying all actual costs that
exceed $15,000.
Annual Fee Adjustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each
property owner's fair share of the sewer line costs on the anniversary date of the
reimbursement agreement. The Finance Director has set the annual interest
rate at 6.05% as stated in City of Tigard Resolution No. 98-22.
2002-151875
Recommendation
It is recommended that a reimbursement district be formed with an annual fee
increase as indicated above and that the reimbursement district continue for
fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5).
Fifteen years after the formation of the reimbursement district, properties
connecting to the sewer would no longer be required to pay the reimbursement
fee.
Submitted November 25, 2002
Q U�-'�- LL.L-6 .A.._—
Ag tin P. Duenas PE
City—Engineer
\\4333\usr\depts\eng\greg\reimbursement districts\23 o'mara at chelseaftal\report final.doc
O'MARA STREET AT CHELSEA LOOP
SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #23
A PORTION OF THE SE 1 /4 OF SECTION 2 T2S R1W W.M.
CITY OF TIGARD, OREGON
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REIMBURSEMENT DISTRICT
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EXISTING SANITARY SEWER
PROPOSED SANITARY SEWER EXHIBIT B
NOTE NOT TO SCALE
ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE
ZONED R4.5
Exhibit C 11'2"02
2:34 PM
Reimbursement District #23
Final Cost to Property Owners
FINAL COST
OWNER TAX LOT ADDRESS AREA AREA(S.F.) TO
PROPERTY
OWNER
1 EAROLEY 2S102DC00502 9050 SW O'MARA ST _ 0.51 22,360.67 $10,547
2 YEDINAK 2S102DC00511 9090 SW O'MARA.ST 0.55 23,994.48 $11,318
3 FULLER 2S102DC00502 9130 SW O'MARA ST 0.54 23 332 99 $11,006
4 MUELLER 2S102DC00506 9190 SW O'MARA ST 0.53 23 147 74 $10,918
5 HODDAP 2S102DC00508 9210 SW O'MARA ST 0.54 23 520 85 $11 094
6 FISHER 2S102DC00300 9240 SW O'MARA ST -0.22 9,479.02 $4,471
7 FISHER 2S102DC00302 9240 SW O'MARA ST 0.35 15 114 64 $7,129
8 BUNGER 2S102DC00402 9215 SW EDGEWOOD ST 0.61 20,485.61 $9,662
Totals 3.84 161,436.00 $76,144.88
2002-151875
2002-151875
CITY OF TIGARD,OREGON
RESOLUTION NO.01- 4 �P
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS,the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS,on October 13, 1998,the City Council established The Neighborhood Sewer Reimbursement
District Incentive Program through Resolution No.98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS,on September 26,2000,the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No.00-60;and
WHEREAS,City Council finds that residential areas that remain without sewer service should be provided
with service within five years; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentive Program is hereby repealed.
SECTION 2: A revised incentive program' is hereby established for the Neighborhood Sewer
Extension Program. This inccntivc program shall apply to sewcr conncctions providcd
through the sewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City.Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown, on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee determined in accordance with Section
13.09.040 does not exceed$15,000,the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed$6,000 per connection,provided that the
lot owner complies with the provisions of Section 2. Any amount over$15,000 shall be
reimbursed by the owner.This applies only to the reimbursement fee for the sewer
installation and not to the connection fee,which is still payable upon application for
RESOLUTION NO.01-4-0
Page 1
sewer connection.
SEC'T'ION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursedI
and the persons �
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. The Finance Director shall make payment to all
persons entitled to the refund no later than August 31,2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer
Reimbursement District Program, shall provide the fimding for the installation costs
over$6,000 up to a maximum of$15,000 per connection.
EFFECTIVE DATE: July 10,2001
PASSED: This U _ day of 2001..
ayor Cio of and
ATTEST:
Recorder-City of INgard -
1ACi4wi&T=\Reso1udon Revising the Ncighbortmod Sewer(ncm6ve Program
RESOLUTION NO.01-
Page 2
2002-151875
TABLE 1
Reimbursement Districts with Refunds Available
DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS
TIGARD ST.No.8 5,193 . No re6nbursement available
FAIRHAVEN ST/WYNo.9 4,506 No reknbursertmemt available
MILLVIt111f ST No.t 1 8,000 July 11,2003
106'"&JOHNSON No.12 5,598 No reimbursement avak ble
100'&INEZ No.13 8.000 July 11,2003
WALNUT&TIEDEMAN No.14 8,000 July 11,2003
BEVELANDSHERMOSA No.15 5,036 No reimbursement avallabte
DELMONTE No.16 8,000 July 112003
O'MARA No.17 8,000 July 11,2003.
WALNUT&121 No.18 - Arnamt to bo roimbumed will be Throo years from cowke ovalsbility
ROSE VISTA No.20 determined once final costs are determined.
'Currently being constructed
2002-151875