Resolution No. 07-51 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07- J r
A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40
(SW ANN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT
CONTAINED IN RESOLUTION NO. 07-12.
WHEREAS, on March 13, 2007, the City Council approved Resolution No. 07-12 to form Sanitary
Server District No. 40 to construct a sewer in SW Aqui Street in accordance with TMC Chapter 13.09;
and
WHEREAS, Resolution No. 07-12 included the City Engineer's Report that included an estimated
construction and total project cost, and
WHEREAS, construction of the sewer improvements has been 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, the property owners within the district have been notified of an informational hearing in
accordance with TMC 13.09.060 and an informational healing was conducted in accordance with TMC
13.09.105; and
WF-IER AS, 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 Final City Engineer's Report titled "Sanitary Sewer Reimbursement District No.
40", attached hereto as Exhibit A,is hereby approved.
SECTION 2: The City Engineer's Report as presented in Resolution No. 07-12 is hereby amended
by the attached Final City Engineer's Report (Exhibit A).
SECTION 3: The City Recorder shall cause a copy of this resolution to be filed in the office of the
County Recorder and shall snail a copy of diis resolution to all affected property
owners at their last lmown address.
SECTION 4: This resolution is effective immediately upon passage.
RESOLUTION NO. 07 -J
Page 1
/f4-
PASSED: This�L[ day of 2007.
dr
Mayor ity of Tigard
ATTEST:
City-Recorder- City of Tigard
RESOLUTION NO. 07 -
Page 2
Exhibit A
Final City Engineer's Report
Sanitary Sewer Reimbursement District No. 40
(SW Ann Street)
Background
This project was constructed and funded under the City of Tigard Neighborhood Sewer
Extension Program (NSEP). Under the program, the City of Tigard installed public sewers
to each lot within the project area. At the time the property owner connects to the sewer,
the owner must pay a connection fee, currently $2,835, and reimburse the City for a fair
share of die 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 systems according to Washington County rules and for
any other modifications necessary to connect to the public sewer.
Project Area - Zone of Benefit
Serving die nine lots in die following table required the extension of an existing server in SW
1161}1 Avenue south to SW Ann Street. All of die lots along SW Ann Street from SW 11611'
Avenue to SW 121St Avenue are now served.
The project provided sewer service to a total of nine lots within die proposed
reimbursement district as shown on Exhibit Map B.
Cost
The final cost for tie sanitary sewer construction to provide service to die nine lots is
$141,394.11. Engineering and inspection fees amount to $19,088.20 (13.5%) as defined in
TMC 13.09.040(1). The final total project cost is $160,482.31. Subject to the Incentive
Program, this is die usual expected amount that would be reimbursed to the sanitary sewer
fund as properties connect to the server and pay their fair share of die total amount.
However, the owners expressed concern about the reimbursement fee being higher than the
fee for other districts.
The higher fee is the result of die sewer only serving the south side of Ann Street since the lots
on the north side are currently served by a sewer along their back lot line. This leaves the lots
on the south side with tie entire cost of the sewer instead of shafting the cost with the lots on
the other side of the street. The owners believe that there is an easement along their back lot
line intended for a sewer that could serve dleir lots as well as the lots iminediately south and
fronting onto Walnut Street. Although a server at this location does not meet City design
standards, the owners expected that they would share the cost of constructing this sewer with
the lots on the soud-i side of the easement. However, hese lots on the south side of the
easement were provided with. sewer service from sewers installed in Walnut Street in 2001
through Sewer Reimbursement District No. 18. The owners believe that the installation of
sewers in Walnut Street eliminated an opportunity for cost sharing of the construction of a
sewer and requested relief by reducing the reimbursement fee by one-half. City Council
Exhibit A Page I of 5
considered and,approved this request following an informational hearing at its March 13, 2007
meeting. The following tables show the final cost to each owner. The cost to each owner is
based on spreading one half of the total project cost among the owners instead of the full cost.
In addition to sharing die cost of the public sewer line, each property owner will be required
to pay a connection and inspection fee, currently $2,835, upon connection to the public line.
All owners will be responsible for all plumbing costs required for work done on private
property.
Reimbursement Rate
All properties in die proposed district are zoned R-4.5 but vary in lot size from about twelve
thousand to sixteen thousand square feet as can be seen in die following list of lots.
Therefore, it is recommended that the total cost of the project be divided among the
properties proportional to die square footage of each property.
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 final fair share of the public sewer line is $0.58129103 per
square foot of 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 No. 01-46 (attached). In addition to paying for the first
$6,000, owners will remain responsible for paying all costs that exceed$15,000. Upon
request, payment of costs that exceed $15,000 may be deferred until the lot is
developed, as provided by Resolution No. 03-55 (attached).
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.
RecoiTnnendation
It is recommended that a reimbursement district be finalized with an annual fee increase as
indicated above and that the reimbursement district continue for fifteen years as provided in
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.
Exhibit A Page 2 of 5
Submitted July 9, 2007
tin P. Duenas, P.E.
City Engineer
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Exhibit A Page 3 of 5
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ANN STREET
Reimbursement District No. 40
Final Cost to Property Owner Based on Final Project Cost
July 92,2007
Final Construction Cost $141,394.11
13.5% contingency(Admin& Eng) $19,088.20
total project costs $160,482.31
total area to be served (S.F.) 138,040
total cost per S.F.to property owner $1.16258205
total recommended cost per S.F.to property owner $0.58129103
Page 5 of 5
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