Resolution No. 03-32 CITY OF TIGARD, OREGON
RESOLUTION NO. 03- 3 Z
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 (SW
O'MARA,MCDONALD STREETS)
_. WHEREAS,the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and
recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09;and
WHEREAS, these property owners have been notified of a public hearing in accordance with TMC
13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050;and
WHEREAS,the City Engineer has submitted a report describing the improvements,the area to be included
in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels
within the District,and a recommendation for an annual fee adjustment; and
WHEREAS, the City Council has determined that the formation of a Reimbursement District 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 "Sanitary Sewer Reimbursement District No. 28",
attached hereto as Exhibit A,is hereby approved.
SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13.09.
The District shall be the area shown and described on Exhibit B. The District shall be
known as "Sanitary Sewer Reimbursement District No. 28, SW O'Mara, McDonald
Streets."
SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving
City permits applicable to development of each parcel within the Reimbursement
District as provided for in TMC 13.09.110.
SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be
applied to the Reimbursement Fee.
SECTION 5 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 13.09.090.
SECTION 6 This resolution is effective immediately upon passage.
PASSED: This c�aP{—niday of-14 U S 2003.
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RESOLUTION No.03-jZ
Page 1
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 28
(SW O'Mara and McDonald Streets)
Background
This project will be constructed and funded under the City of Tigard
Neighborhood Sewer Extension Program (NSEP). Under the program the City of
Tigard would install public sewers to each lot within a project area. At the time
the property owner connects to the sewer, the owner would pay a connection fee
of $2,435 and reimburse 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 in SW O'Mara Street would be extended west
from between SW Hill Street and SW Frewing Street to serve thirty-six lots as
shown on Exhibit Map B.
Cost
The estimated cost for the sanitary sewer construction is $384,997.62. This
includes the $366,664,40 bid by the contractor plus a 5% contingency of
$18,333.22. Engineering and inspection fees amount to $51,974.68 (13.5%) as
defined in TMC 13.09.040(1). The estimated total project cost is $436,972.30.
This is the amount that should 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.
In addition to sharing the cost of the public sewer line, each property owner will
be required to pay an additional $2,435 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 14,000
square feet to over 38,000 as can be seen on the attached list of owners in.
Therefore, it is recommended that the total cost of the project be divided among
the thirty-six properties proportional to the square footage of each property.
Resolution 01-46 limits this fee to $6,000 to the extent that it 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 by 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.
Each property owner's estimated fair share of the public sewer line is $0.62
per square foot of the lot served. 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.
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 August 12, 2003
Agustin P. Duenas, P.E.
City Engineer
is\eng\2003-2004 fy cip\district 28(drhara,mcdonald)\report establish aug 26.doc
O'MARA, MCDONALD
SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #28
A PORTION OF THE SW 1 /4 OF SECTION 2 T2S R1 W W.M.
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All properties in the reimbursement
district are zoned R4.5