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Resolution No. 92-27 WSW ---- CITY OF TIGARD, OREGON 1 RESOLUTION NO. 92- f � A RESOLUTION ESTABLISHING THE EDITH JOHNSON SANITARY SEWER REIMBURSEMENT DISTRICT WHEREAS, sanitary sewer improvements have been constructed in SW McDonald Street extending a sewer line west from SW 97th Avenue for a distance of approximately 205 feet; and, WHEREAS, all costs of said sewer construction have been paid by Edith Johnson; and, WHEREAS, formation of a zone of benefit has been requested by Edith Johnson; 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. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. The City Engineer's report titled "Edith Johnson 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 and described on Exhibit B. The zone of benefit shall be known as the "Edith Johnson Sanitary Sewer Reimbursement District". Section 3. Payment of the recovery agreement connection charge as shown in Exhibit C 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 4. An annual percentage rate of 4.5% shall be applied to the connection charge on the anniversary date of the reimbursement agreement in accordance t-ith TMC 13.08.020111 (5) _ Section 5. The zone formation date is June 12, 1991. The right of reimbursement shall end on June 12, 2001, unless extended by the Council in accordance with TMC 13.08.020(b) (2) . t RESOLUTION NO. 92-f Page 1 � 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 13-98.020(f) and (g) PASSED: This L¢i d-'y of�% �ltv F , 1992. _r-Eayor City of Tigard ATTEST: bbCity Recorder - City of TigAlrd rw/John-res RESOLUTION NO. 92- Page 2 m Exhibit A City Engineer's Report EDITH JOHNSON SAXITARy SEWER REIMBURSEMENT DISTRICT Background In 1991, a sanitary sewer line was extended in SW McDonald Street to serve a property owned by Edith Johnson. The line was extended west from 97th Avenue for a distance of approximately 205 feet. The line can also serve two other lots along the north side of .McDonald Street. Properties along the south side of McDonald Street were already served by a line in Elrose Street. The sewer line is complete and available for connection. Financing All costs of design and construction of the sewer extension were paid by Edith Johnson. She has requested that a reimbursement district be formed so that she will be reimbursed for a share of the costs of the sewer extension in the future as other properties are connected to the sewer. The sewer extension has provided sewer service to two adjacent ._ properties, thereby relieving adjacent property owners of installina 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 three properties shown as the cross- hatched area on the attached map (Exhibit B) Lot 10 is the property of Edith Johnson. The zone formation date is June 12, 1991, 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 design and inspection costs, is $19,166.84. All of this cost has been paid by Edith Johnson. Reimbursement Rate The three lots served by the sewer extension are all zoned R-4.5, which provides for single-family residential development and certain related uses. The lots are similar in area, ranging from 16,200 to 18, 900 square feet. under existing zoning, each of the Clots could be subdivided into a maximum of two lots. Each lot is currently developed with one house. The project provided one sewer lateral to serve each lot. It appears that the three lots are served equally by the sewer improvement. Therefore, it is recommended that the reimbursement rate be set to distribute the cost equally among the three Properties. Should any of the lots be subdivided in the future, the reimbursement share for that property would be divided equally among the new lots created. 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. Mrs. Johnson indicates that she financed the improvements from personal savings. As a result, she is losing the interest that might accrue from a bank savings account. Currently, interest on long-term bank savings accounts is in the range of 4% to 50. Therefore, it is recommended that the interest rate be set at 4.5%. Recommendation It is recommended that a reimbursement district be formed with a zone of benefit, reimbursement rate and interest as indicated above. Submitted May 27, 1992 Randall R. Wooley City Engineer rw/john-rep Epso- EXHIBI B 0 i C7 T -N O :3 c- A L-L1 V1 U LLJ CU U J s = d Ld LO aj> v L o c � \ d L �.._. \ 5 d \\\ d 41 10 4-7 C5 lV� 3 � o +> 41 C O CCLJ O 0 Q O �X n f V 0 dQ v cS-6 01-- u N O u 75 OJ r o O V N N 0� d EXHIBIT C Connection Charges The connection charges for the lots within the zone of benefit shall be as follows: Lot 10* $6,388.96 Lot 11 6,388.94 Lot 12 6,388-94 Total $19,166.84 *Lot 10 is the property of the applicant who financed the sewer improvements. Therefore, the cost share for Lot 10 has already been paid and no additional connection charge will be collected from Lot 10. rw/john—exd t WMEM . 5 {