Resolution No. 94-06 CITY OF TIGARD, OREGON
RESOLUTION NO. 94-OCO
A RESOLUTION ESTABLISHING; SANITARY SEWER REIMBURSEMENT DISTRICT NUMBER
6.
.S, sanitary sewer improvements have been constructed to serve the
Meusch property and certain adjoining properties; and
WHEREAS, all costs of said sewer const ruction have been paid by Mr.
M:,:�usch; and
WHEREAS, formation of a zone of benefit has been requested by Mr.
Meusch; and
WHEREAS, the City Engineer has submitted a report describing the
improvements, the zone of benefit, - methodology for spreading the cosi.=
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 title "Sanitary Sewer
Reimbursement District No. 611, 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 on Exhibit C. The
zone of benefit shall be known as "Sanitary Sewer
Reimbursement District No. 6."
Section 3: Payment of the recovery agreement connection charge as
shown 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 4: An annual percentage rate of seven percent (7%) shall be
applied to the connection charge.
Section 5: The zone formation date is February 8, 1994. The right
of r i.«bi.irsement shall end on February 8, 2004, unless'
extended by the Council in accordance with TMC 13.08.020
(b) (2) .
RESOLUTION NO. 94-OLD
Page 1
Section 6: The City Recorder shall cause a copy of this resolution
to be filed in the office cf the county recorder and
shall mail a copy of this resolution to all affected
property owners at their last ;mown address, in
accordance with TMC 13.08.020 (f) and (g) •
This i
199 .PASSED:
y
T'gard
ATTEST:
C-4 y Recorder - City of Tigard
RESOLUTION NO. 94- CO
Page 2
Exhibit A
City Engineer's Report
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 6
Background
A sanitary sewer line extension has been constructed in 79th Avenue to
serve a private property located on the west side of S.W. 79th Avenue
north of Gent lewoods Drive. The sewer line also provides service to
certain adjoining lots.
The sewer line construction is complete and the developer's costs are
known.
Financing
All costs of construction of the sewer extension have been paid by Mr.
Jon S. Meusch. Mr. Meusch has requested that a reimbursement district
be formed so that he 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 potentially provided sewer service to two
adjacent properties, there'oy relieving 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 shaded area on the
attached map (Exhibit B) .
The proposed zone formation date for the sewer is the date of Council
action for,-iiing the reimbursement district.
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 $12,318.00. All of this cost has been paid by Mr.
Meusch.
Reimbursement Rate
West of 79th Avenue, the lots served by the sewer extension are all
zoned R-4.5, which provides for single-family residential development
and certain related uses. The minimum lot size in the R-4.5 zone is
milli
AIMbL 7,500 square feet.
Mr. Meusch's property occupies Tax Lot 4100. This parcel will contain
—- - a �irig� —family residence. •rhe parcel is large enough to allow further
subdivision under the current zoning but it is unlikely due to the
intentions of the existing property owner.
Tax Lot 4000 is currently fully developed with a single-family
residential structure and cannot be further subdivided under the current
zoning.
Tax Lot 4400 could be subdivided into eight to ten lots. under the
current zoning. However only the northern portion of the property,
adjacent to 79th Avenue, could logically be serviced by this sewer
extension. This area could potentially be developed into 2 lots.
Developement of the remainder of the property would connect into the
existing manhole.
The applicant suggests that Tax Lot 4400 should be charged for two
PM potential connections and T6Lots 4000 and 4100 be charged for one
connection each. This seems to be a reasonable request, as the larger
lot has the potential of more than one connection to the sewer in the
future.
Therefore, it is recommended that the costs of the sewer be divided
among the lots within the zone of benefit as shown in Exhibit D. The
recommended cost to each lot is shown in 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 applicant has requested that the finance charge be 7%, which is
comparable to that currently being paid to finance private improvements.
This seems reasonable compared to the current mortaaae rates.
Therefore, it is recommended that the interest rate be set at 7%. On
each anniversary of the zone formation date, the established connection
charges shall be increased by this amount.
Recommendation
It is recommended that a reimbursement district be formed with a zone of
benefit, reimbursement rate and interest as indicated above.
Subm tted February 8, 1994.
aB , UL /
y A. £son
Senior Pr ject En neer
ga/meuach.SS
EXHIBIT areas
REIMBURSEMENT DISTRICT NO. 6
e
h
fn
2S7 12 sD Y.L. 4-000 2S1 12 BD NEW SANITARY`
T.L. 4100 SEWER MANHOLE
J
FNEWNITARY SEWER
1
EXISTING MANHOI E
2S1 12 CA
T.L 4400
GENTLE WOODS DR.
- -EXISTIING SANITARY SEWER
I
I
EXHIBIT C
MEN am
® Sanitary Sewer Reimbursement District No. 6
A portion of the SE 1/4 of the NW 1/4 and the NE 1/4 of the SW 1/4
of Section 12, Township 2 South, Range 1 West, Willamette Meridian,
City of Tigard, Washington County, Oregon, described as follows:
Beginning at the northwest corner of Partition Plat 1991-096,
recorded in Washington County Partition Plat Records; thence N 89'
53' 09" E, along the north line of said Partition Plat, a distance
of 307.03 feet to the westerly right-of-way of S.W. 79th Avenue and
the northeast corner of said Partition Plat; thence S 000 24' 36"
W, along said right-of-way, a distance of 398.73 feet to the
southeast corner of lot 36 Durham Acres recorded in Book 5 Page 16
Washington County Subdivision Records; thence S 89' 56' 00" W,
along the south line of said Subdivision a distance of 307.62 feet
to the southwest <:ornF-r of said Subdivision; thence N 00° 28, 46"
E, along the we,-t line of said lot 36 and the west line of said
Partition Plat, a distance of 398.58 feet to the point of
beginning.
JOHNRH\79TH...
Exhibit D
Sanitary Sewer Reimbursement District No. 6
Recovery Agreement Connection Charges
Connection
Tax Lot Units Charge
2S1 12CA 4400 2 $ 6, 159.00
231 12BD 4000 1 3, 079.50
2S1 12BD 4100* 1 3, 079.50
Total 4 $12, 318.00
*Note 1: Tax Lot 4100 is owned by Mr. Meusch. The reimbursement
district connection charge is deemed to have been paid on this
lot.
Note 2: Tax Lot 4400 shall be charged for each connection at a rate of
$3,079-50 per connection, with a maximum of two connection
charges.
Note 3: The connection charge shall apply only to properties which are
connected directly to the sewer lines constructed as a part of
the 79th Avenue Sanitary Sewer Extension (the sewer line shown
on Exhibit B) . If properties within the zone of benefit are
connected directly to sewer lines outside the zone of benefit,
the connection charge shall not apply.
ga/meusch.SS