Resolution No. 92-12 CITY OF TIGARD, OREGON
RESOLUTION NO. 92- IP—
A RESOLUTION ESTABLISHING THE BONITA ROAD SANITARY SEWER REIMBURSEMENT
DISTRICT
WHEREAS, certain sanitary sewer improvements have been completed within
the right of way of Bonita Road; and,
WHEREAS, all costs of said construction have been paid from the Sanitary
Sewer Fund of the City of Tigard; and,
WHEREAS, formation of a zone of benefit has been initiated by the city;
and,
WHEREAS, the City Engineer has submitted a report describing the
improvements, the zone of benefit, a methodology for spreading the cost
among the parcels within the zone of benefit, and the recommended
interest rate; and,
WHEREAS, the City Council has determined that formation, of a zone of
benefit as recommended by the City Engineer is appropriate.
rr NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
l._ Section 1. Ths City Engineer's report titled "Bonita Road Sanitary
Sewer Reimbursement District", attached hereto as Exhibit A,
is hereby approved.
Section 2. A zone of benefit is hereby established in accordance with
TMC Chapter 13.08. The zone of benefit shall be the area
shown on Exhibit B and described in Exhibit C. The zone of
benefit shall be known as the "Bonita Road Sanitary Sewer
Reimbursement. District".
Section 3. Payment of the recovery agreement connection charge as
tabulated in Exhibit D, is a precondition of receiving city
permits applicable to development of each parcel within the
zone of benefit as provided for in TMC 13.08.030.
Section A. An annual percentage rate of 7.0% shall be applied to the
connection charge on the anniversary date of the
reimbursement agreement in accordance with TMC
13.08.020(b) (5) .
RESOLUTION NO. 92- I�
Page 1
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Section 5. The zone formation date is February 4, 1992. The right of
reimbursement shall end or. February 4, 2002, unless extended
by the Council in accordance with TMC 13.08.020(b) (2)
Section 6. 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, in accordance with TMC
13-08.020 (f) and (g) .
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PASSED: This day of 1992.
Ma3re ity of Tigard
ATTEST:
City Recorder - City of T-i Yard
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RESOLUTION NO. 92- /-A
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Page 2
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Exhibit A
City Engineer's Report
BONITA ROAD SANITARY SEWER REIMBURSE NT DISTRICT
Bac_karound
SW Bonita Road was improved in 1991 between Hall Boulevard and
Fanno Creek. Sanitary sewer lines were installed as Hart o£ the
project in order to avoid the need to dig up the new street in the
future. The sewer lines are completed and ready for use.
Financing
Usually, costs of construction of local sanitary sewers are paid by
the owners of the properties served by the sewer. In the case of
Bonita Road, the sewer construction costs were paid from the City's
sanitary sewer fund, to assure that the sewer could be constructed
at the time of street construction. it was expected that the sewer
fund would be reimbursed in the future as each parcel is connected
to the sewer.
The sanitary sewer fund has provided adjacent property with
improvements which would otherwise be required of the adjacent
property. The sanitary sewer fund has relieved adjacent property
owners of installing sewer improvements in the future. This has
created a zone of benefit as defined in TMC 13.08.010(7) .
zone of Benefit
The zone of benefit is the properties shown as the cross-hatched
area on the attached exhibit map (Exhibit B) . The zone of benefit
includes only those properties which are adjacent to the new sewer
and which can be expected to connect to the sewer in the future.
Properties which already had sewer service from an alternate line
were excluded.
The existing house at Tax Lot 500 was connected to the sewer as
part of the project because the street widening disrupted an
existing drainfield. Connection of the existing house without
charge was a condition of the right-of-way settlement with this
property owner. The existing house would not be subject to the
reimbursement district charges. However, if the property is
redeveloped in the future, the reimbursement district charges would
apply to the redevelopment.
The zone formation date is February 4, 1992, which is the date that
the project was accepted by the City as complete.
It is recommended that the reimbursement district continue for ten
years. After ten years, properties connecting to the sewer would
no longer be required to pay the reimbursement fee, unless the time
is extended by the Council as provided in TMC 13.08.020(b) (2) .
Cost
The total cost of the sanitary sewer construction, including
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engi„eering and inspection costs, is $34,950.97. All of this cost
should be reimbursed to the sanitary sewer fund as properties are
connected to the sewer, in the future.
Reimbursement Rate
The properties in the proposed district are currently developed
with single-family homes, except for Tax Lot 1000 which is
undeveloped. Under existing zoning, all of the parcels have the
potential for redevelopment in the future. For economic reasons,
larger parcels have a greater potential for redevelopment_ than do
smaller parcels.
under either existing development or future redevelopment, the
entire area of the parcels on the south side of Bonita Road could
be served by the sewer in Bonita Road. For the parcels on the
north side of Bonita Road, approximately the south 240 feet
appears to be served by the Bonita Road sewer. The northerly
portion of these parcels appears to be too low to be served by the
Bonita Road sewer, Only the portion which can be served by the
Bonita Road sewer is included in the proposed district.
All of the area within the proposed district can be served directly
from the Bonita Road sewer, The larger parcels have the potential-
to connect a greater number of units to the sewer. Also, the
larger parcels appear to have a greater potential for
redevelopment. Therefore, we conclude that the benefits of the
/ sewer are related to the size of each parcel. For these reasons,
l_ it is recommended that the reimbursement district charges be
apportioned based on the area of each parcel within the district.
The proposed apportionment is shown in the attached Exhibit D.
Interest Rate
TMC 13.08.020(b) (5) provides that an annual percentage rate shall
be applied to the connection charge on the anniversary date of the
reimbursement agreement.
The Finance Director has indicated that the sanitary sewer funds
could be invested at a rate of approximately 7% if the funds had
not been used to finance the sewer. Therefore, it is recommended
that the interest rate be set at 7%.
Recommendation
It is recommended that a reimbursement district be formed with a
zone of benefit, reimbursement rate and interest as indicated
above.
Submitted March 13, 1992
Randall R. Wooley
City Engineer
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EXHIBIT C
l Those parcels situated In Norlhw$at;i of Section 12,Townshlp 2 South,Range 1 West,Willamette
Meridian,Washington County,Oregon,and more particularly described as follows:
Those parcels adjoining and South of S.W. Bonita Road and deeded to and In
document;
Name Document
Craig Bitz 91-21421
James Harlan Bourquin 83.38.175
Robert E.and Ruth N.Gillmore 806-122
David H.and Sharron L.i arsg4ard 87-4680
Mary Ann Huiqulst 86-52475
Also,the south(0.88)eighty-eight hundredths of an acre of those parcels adjoining and North
a_ of S.W. Bonita Road and deeded to Pauline T.Weaver,Trustee In document 92-3314 and
tierlean Arlene Snyder in Book 901 and Page 821 in said County records.
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EXHIBIT D
BONITA ROAD
SANITARY SEWER REIMBURSEMENT D'_STRICT
CITY OF TICARD
AREA
PARCEL (ACRS) COST
2S1 12BA 400 0.88 $ 5,858.45
2S1 12BA 500 0.88 5,858.45
2S1 12BC 100 0.51 3,395.24
231 12BC 200 0.56 3,728.10
2S1 12BD 800 0.37 2,463.21
2S1 12BD 900 0.39 2,596.36
i 2S1 12BD 1000 1.66 11,051.16
i TOTAL 5.25 34,950.97
$ 34,950.97 _ 5.25 Ac. _ $ 6,657_33 per acre
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