Resolution No. 11-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 11- ()
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42
(SW 100Tf r AVENUE)
WHEREAS, the City has initiated the Citywide Sanitary Sewer Extension Program to extend public sewers and
recover costs through reimbursement districts in accordance with TRIC Chapter 13.09; and
WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 42 (SW 100t'
Avenue) 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. 42," 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 in Exhibit B. The district shall be known as
"Sanitary Sewer Reimbursement District No. 42."
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 TRIC 13.09.090,
SECTION 6: This resolution is effective immediately upon passage.
RESOLUTION NO. 11
Page 1
fi G--
PASSED: This 17 day of ✓ 1 L 2011.
yor- City of Tigard
ATTEST:
C,a 4/
City Recorder-City of Tigard
RESOLUTION NO. 11 -
Page 2
Agenda Item No.
Meeting of S !�
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 42
(SW 100th Avenue)
Background
This project will be constructed and funded under the Citywide Sanitary Sewer Extension
Program. Under the program, the City of Tigard installs public sewers to each lot within an
established reimbursement district. At the time of connecting to the public sewer, the
property owner:
- Pays a connection and inspection fee, currently $4,135.
- Reimburses the City for the owner's share of the sewer installation.
- Is responsible for any plumbing modifications to connect to the public sewer.
-- Is responsible for disconnecting the owner's existing septic system in accordance
with Washington County regulations.
There is no requirement to connect to the sewer or pay any fee until connection is made.
Project Area - Zone of Benefit
Serving the 23 lots in the following table requires extending an existing sewer in SW 1001h
Avenue through an easement connecting to SW View Terrace. No further extension of this
line will be required. The surrounding area is completely served with sewer.
The proposed project would provide sewer service to a total of 23 lots within the proposed
reimbursement district as shown on Exhibit B to the proposed resolution.
Cost
The estimated cost to provide sanitary sewers to the 23 lots is $554,785.
Construction $470,397
Purchasing Easements $20,885
Engineering and Inspection * $63,503
Total $554,785
* 13.5 percent as defined in TMC 13.09.040(1)
This is the estimated amount that will be reimbursed to the sanitary sewer fund as property
owners connect to the sewer and pay their share of the project costs. However, the actual
amount each property owner pays may be affected by the property owner's participation in
the City's early connection incentive program.
In addition to sharing the cost of the public sewer, each property owner will be required to
pay a connection and inspection fee, currently $4,135, upon connection to the public line.
Exhibit A Page 1 of 4
Owners will be responsible for all plumbing costs required for work done on private
property.
Reimbursement Rate
All but three of the northernmost properties in the proposed district are zoned R3.5. The
remaining three properties are zoned R12 but are expected to receive similar benefits.
Consequently, applying the same method of assigning costs to all lots within the district is
proposed. Lot size varies from about 14,300 to 57,000 square feet as shown in the attached
Estimated Cost to Property Owners list. Therefore, it is recommended that the total cost of
the project be divided among the properties proportional to the 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 estimated fair share of the public sewer line is $0.95008 per
square foot of lot served. In accordance with Resolution No. 01-46, owners who
complete their connection within three years of City Council approval of the Final
City Engineer's report are eligible for incentives. Under these incentives, each
owner's share would be limited to $6,000, to the extent that this share does not
exceed $15,000. In addition to paying for the first $6,000, owners are responsible for
paying all actual 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.
Annual Fee Adjustment
TMC 13.09.115 states that an annual percentage rate shall be applied to each property
owner's share of the public sewer costs on the anniversary date of the reimbursement
agreement. The Finance Director has set the annual interest rate at 6.05% as stated in
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
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 January 10, 2011
Theodore S. Kyle, P.E.
City Engineer
Exhibit A Page 2 of 4
100TH AVENUE
Reimbursement District No. 42
Estimated Cost to Property Owners
January 4,2049
ESTIMATED ESTIMATED AMOUNT AMOUNT THAT
OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) AREA(AC) REIMBURSEMENT TO BE PAID BY AMOUNT TO BE PAID CAN BE
FEE OWNER BY CITY DEFERRED BY
r11NNFR
1 PETERSEN,DAVIT? 14085 SW 100TH 2S111BB00300 13,400 0,308 $12,731 $6,000 $6,731 $0
2 RIVER PRESERVATION LLC 14135 SW 100TH 2S111BB00400 32,551 0.747 $30,926 $21,926 $9,000 $15,926
3 RANDALL,MARIA L 14130 SW 100TH AVE 2S111BA00805 31,690 0.728 $30,108 $21,108 $9,000 $15,108
4 RUEDY,ROBERT E 14185 SW 100TH AVE 2S111BB00500 49,518 1.137 $47,046 $38,046 $9,000 $32,446
5 DOER{NG,JOSHUA N&ANGIE L 14170 SW 100TH AVE 2S111BA00802 31,628 0.731 $30,239 $21,239 $9,000 $15,239
6 FAST CASH HOUSE BUYERS LLC 14220 SW 100TH AVE 2S111BAGO801 24,664 0.566 $23,432 - $14,432 $9,000 $8,432
7 SMITH,SHELLEY A&ENGWEILER,GLENN 14270 SW 100TH AVE 2S111SAGO807 24,768 0.569 $23,550 $14,550 $9,000 $8,550
8 COLLING,,JOYCE C EMPTY LOT 2S111BB00600 56,798 1,304 $53,963 $44,963 $9,000 $38,963
9 KASTEL,CHARLES G&MARY J TRS 14259 SW ICOTH AVE 2S111BB01100 41,347 0.949 $39,283 $30,283 $9,000 $24,283
10 SIRNEY,JEFFREY D&NORIKO 14265 SW 10OTH AVE 2S1118SO0800 15,263 0.351 $14,520 $6,000 $8,520 $0
11 KARR,EVELYN E REV LIV TRUST 14280 SW 100TH AVE 2S111BAGO900 35,158 0.807 $33,403 $24,403 $9,000 $18,403
12 POLNKA,JON&CAMPELL-POLIVKA,HOLLY M 14305 SW 100TH 2S111BB00700 15,207 0.349 $14,448 $6,000 $8,448 $0
13 JONES,VERNON G&COLLEEN D 14320 SW 1COTH AVE 2S1118A02300 14,334 0,329 $13,518 $6,D00 $7,618 $0
14 LEE,SAMUEL&KYUNG 14345 SW 100TH 2S111BC00100 55,129 1.266 $52,377 $43,377 $9,000 $37,377
15 UM,EUNKYU C&KWANG Y 10150 SW VIEW TER 2511113C0130D 15,127 0.347 $14,372 $6,000 $8,372 $0
16 BOGERT,MARK H&MARY E 14445 SW 100TH 2SI118CO02CO 20,457 0.470 $19,436 $10,436 $9,000 $4,436
17 HOWSE,DIANNA L&ONRELAS,STEVE F 14415 SW 100TH 2SI11BC00300 16,046 0.368 $15,245 $6,245 $9,000 $0
18 PHILLIPS,AMY&LINN,JEREMY J 10220 SW VIEW TER 2S 111BC01100 15,034 0.345 $14,284 $6,000 $8,284 $0
19 SEARS,ALLEN C 10190 SW VIEW TER 23111BC01200 15,029 0.345 $14,278 $6,000 $8,276 $0
20 BAUMAN,WAYNE&MARY 10270 SW VIEW TER 2S111BC0100O 15,246 0.350 $14,485 $6,000 $8,485 $0
21 BUEHLER,GREGORY&SARA L. 10145 SW VIEW TER 2S1119C01400 15,246 0.350 $14,485 $6,000 $8,485 $0
22 MUDROW,MICHAEL&DIANE C. 10185 SW VIEW TER 2S1118CO1500 14,810 0.340 $14,071 $6,000 $8,071 $0
23 PROUTY,JAASON&AMY E 10225 SW VIEW TER 2S111BC01600 15,246 0.350 $14,465 $6,000 $6,485 $0
Totals 583,936 13.41 $554,785 $357,008 $197,776
Except for the maximum amount of$9,000 to be paid by the City,all the fees are estimated at thls time.The final fee to be paid by each
property owner will be determined once the construction is complete and final costs are recalculated to reflect actual project costs.The final
fee will be specified in the City Engineer's report,which will be submitted to City Council for approval upon completion of the construction.
The amount that each owner will be required to pay is limited to$6,000.00 for connections completed within three years of City Council
approval of the final cost.
In addition to$6,000,owners will also be required to pay any fair share amounts that exceed$15,000.00.The reimbursement fee of$9,000.00
(the difference between$15,000.00 and$6,000.00)would be paid by the City if connections are made within the first three-year(the fee is
shown in the"Amount to be paid by the City"column).Consequently,the total estimated amount responsible by each property owner is shown
under the"Estimated Amount to be paid by Owner'column.However,payment of the amount in excess of$15,000.00 may be deferred unt€I
the owner's lot is developed.
Owners will also be required to pay a connection fee,currently$4,135.00,at the time of connection to the public sewer. In addition,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.Owners are not required to pay any fees until they decide to connect.
Ref:Resolutions 01-46 and 03-55
PAGE 3 OF 4
100TH AVENUE
Reimbursement District No. 42
Estimated Cost to Property Owners
-- January 4,2011 _
Estimated Construction Cost $409,04o
15%contingency(construction) $61,356
Estimated construction subtotal $470,396
13.5%contingency(Admin&Eng) $63,503
Easement cost2$ 0.885
total project costs $554,784
total area to be served S.F. 583,936
total cost per S.F.to property owner $0.95407751
PAGF40F4
100TH AVE DIST NO. 42
FY 2009- 10 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M.
SMITH, SHELLEY A KA PR, EVELYN E
& ENGWEILER, GLENN 14280 SW 100TH AVE JONES, VERNON G
14270 SW 100TH AVE 14320 SW 100TH AVE
2SI116AO0807 25111BA00900 25111BA02300
R3.5 R3.5 R3.5
4z �
RANDALL, MARIA L
14130 SW 1007-H AVE 100TH AVE
2SfIl88A0805
R3.5
CHRISTENSEN, JUDITH SAFADI, LYNN G FISHER, ROBERT
f4170 SW 100TH AVE 14220 SW 100TH AVE 14305 SW 100TH AVE
2S111BAGO802 2SI11BA00801 2S1f1BB00700
R3.5 R3.5 l R3.5
LEE, SAMUEL & KYUN
— 14345 SW 100TH AVE
2SII1BC00100
R3.5
100TH AVE
BIRNEY, JEFFREY
& NORIKO
14265 SW 100TH AVE
2SI118800800
RIVER PRESERVATION R3.5
LLC
14135 SW 100TH AVE RUEDY, ROBERT E
COLLING, JOYCE C
25111BB00400
Rf2 14185 SW 100TH AVE NO ADDRESS
2SIlIBB00500 2SIlIBB00600 KASTEL, CHARLES
PETERSEN, DAVID R12 R3.5 & MARY J TRS
14085 SW 100TH AVE 14259 SW 100TH AVE
2S111BB00300 25f11BB00900
R12 R3.5
NQZE: MATCH EXHIBIT P2
All properties in the district are
zoned R3.5 or R12 EXHIBIT B P 1
NTS
100TH AVE DIST NO. 42
FY 2009- 10 SANITARY SEWER EXTENSION PROGRAM
A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M.
j
O
TW
N
Y a
C
rn `m
X
Lrl
N
MUDROW, MICHAEL Q
& DIANE C
10185 SW VIEW TERR
PROUTY, JASON 2S1f1BC01500
& AMY E R3.5
10225 SW VIEW TERR /
2511IBC01600 BUEHLER, GREGORY
R3.5 & SARA L MATCH EXHIBIT P1
10145 SW VIEW TERR
\ 2511IBC01400
R3.5
VIEW TERRACE 1
BAUMAN, WAYNE UM, EUNKYU
& MARY & KWANG Y BOGERT, MARK PERKINS, SHERYL
10150 SW VIEW TERR & MARY E & VERN L
f 0270 SW VIEW TERR 2S 1 1 f L3Cp 1300
W2S 11 B CO lOpO R3.5 4445 SW 100TH AVE 14415 SW 1 pOTH AVE
SEARS, ALLEN C/0 2S1118C00200 2S111BC00300
p PHILLIPS, AMY WILLIAMS, GRANT R3.5 R3.5
n & LINN, JEREMY & LANA
10220 SW VIEW TERR 10190 SW VIEW TERR
M 2SI118CO1100 2SIlIBC01200
R3.5 R3.5
I
NATE:
All properties in the district are
zoned R3.5 or R12 EXHIBIT
NTS