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Resolution No. 86-82 CITY OF TI:GARD, OREGON {,- RESOLUTION NO. 86-5r A RESOLUTION DECLARING THE INTENT l"O FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS IN THE AREA OF S.W. 74TH AND CHERRY AND TO HOLD A PUBLIC HEARING, ADOPTING THE CITY ENGINEER'S SUPPLEMENT TO THE PRELIMINARY ENGINEERING REPORT AND DIRECTING THAT NOTICE OF THE HEARING BE GIVEN. WHEREAS, the City Council by Resolution No. 85-98 directed that a Preliminary Engineering Report be prepared for the construction of Sanitary Sewer Improvements, in an area generally described as SW 74th and Cherry. I WHEREAS, the Preliminary Engineering Report has been completed and submitted to the Council together, with a report from the Community Development Director which finds the proposed project to be feasible, and recommends this project be given first priority, pursuant to Council policy as set forth in Resolution No. 85-57. WHEREAS, in accordance with Resolution No. 86--45, a public hearing was held on April 28, 1986, at which time the City Council directed that consideration be given to modifications to the scope of the improvements and to the district boundaries. WHEREAS, the City Engineer has prepared a supplement to the preliminary engineer's report and the supplement considers the modifications directed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: 1. The City Council by this resolution declares its intention to make the following improvements: Sanitary Sewer Facilities. The improvements will be located in the area described in the attached legal description marked Exhibit "A". 2. The City Council by this resolution declares its intention to form a local improvement district and to assess the benefited owners for the total cost of the improvement. 3. It is the intention of the City Council that the improvements be constructed in accordance with the Supplement to the Preliminary Engineer's Report on the 74th and Cherry Sewer Local Improvement District attached as Exhibit I, which may be changed in the hearings and construction process and which is hereby adopted subject to amendments. 4. The total estimated cost is $40,130 for the proposed improvements and the benefited properties shall b_ assessed on an area basis to arrive at a fair apportionment of the costs among the specially benefited properties. The area shall be calculated as the area of each lot within 122 feet of a property line to which sanitary service is provided. RESOLUTION NO, 86—_Y,;L Page 1 5. The improvement shall be constructed by a private contractor with award of contract based on competitive bid. 6. A public hearing shall be held at Tigard City Hall, 13125 SW Hail Boulevard, Tigard, Oregon, on the 11th day of August, 1986 at 7:00 P.M. at which time the City Council will hear Objections or remonstrances to the proposed improvement by any property owner within the proposed local. improvement district boundary. 7. The Community Development Director is directed to give notice of the public hearing by individual mailed notice to all owners of lots affected by the proposed improvement at least ten days prior to the public hearing. 8. All remonstrances shall be filed with the City Recorder by the closE of the initial hearing. Thereafter, no remonstrances shall be considered except as otherwise provided by Ordinance No. 85-40. PASSED: This S73h day of : ,•- 1986. jy4r1City of Tigard L� ATTEST: ,Deputy City Recorder — City of Tigard br/dj(2654P) RESOLUTION N0. 86-- Page 2 n EXHIBIT I SUPPLEMENT TO THE PRELIMINARY ENGINEER'S REPORT ON THE 74TH AND CHERRY SEWER LOCAL IMPROVEMENT DISTRICT (L.I.D.) BACKGROUND A preliminary engineer's report was prepared by R.A. Wright Engineering Inc. and is dated April 7, 1986. The report recommends formation of an LID for, sanitary sewer in the vicinity of 74th Avenue and Cherry Drive. On April 28, 1986, the City Council held a public hearing on the proposed LSD. At that time the Ci.ty Council directed that consideration be given to reducing the size of the LID. Consideration of the LID formation was tabled pending receipt of a report on an LID of reduced area. REDUCED L.I.D. i In the reduced LID no improvements would be constructed Werth of Cherry $ Drive. Properties without frontage on Cherry Drive would be deleted from the LID. The revised LID boundary is described in Exhibit "A". The revised boundary and scope of work are shown in attached Exhibit "B". ESTIMATED COST On June 10, 1986, Robert A. Wright, P.E., provided estimated costs for the reduced LID as follows: Trench Excavation and Ba-kfill $ 9,920 Manholes 3,000 Surface Restoration 3,800 Sewer Pipe 5,000 Building Sewers 2,450 Construction contingency 3,600 Construction Subtotal $27,770 Technical Services 8,330 Administrative Services 2,780 Interim Financing 1,250 Project Total $40,130 RESOLUTION NO. 86-� Page 3 i METHOD OF ASSESSMENT The reduced LID wasreviewed with property owners in June 1986. As a result of comments from that review, the proposed method of assessment was revised somewhat. It is proposed that the project cost- be divided among benefited properties within the limits of the proposed LID in proportion to the area of land within 122 feet of a property line to which sanitary sewer service is provided by the proposed sewer improvements. Because Tax Lot 400 will be served only at its corner, it is proposed that the 122 feet be measured radially from the southwest corner of Tax Lot 400. The area used for computation of assessments is indicated on Exhibit "B". ESTIMATED ASSESSMENTS The estimated LID assessments for the six parcels in the reduced LID are shown in the table in Exhibit "C". Exhibit "D" shows how the estimated -assessments compare with those in earlier LID proposals. RECOM7.4ENDATION In order to protect surface and ground waters from contamination, it is a desirable long—term goal to provide sanitary sewer service to all developed areas of Tigard. Property owners on Cherry Drive have indicated that some existing private sewage disposal systems are failing. A majority of the property owners in the proposed LID appear to favor construction of sanitary sewers. The proposed LID was initiated by the property owners. The sewer alignment shown in Exhibit "B" appears to be the only practical route for sewer service to the properties where sewer service has been requested. For these reasons, I recommend that the proposed LID be formed. Submitted July 17, 1986 By Randall. R. Wooley, P.E. City Engva®s , Q ,pq2•ar- � :yea��. 9• o dj/2564P RESOLUTION NO. 86- Page 4 E ExHIBIT A LEGAL DESCRIPTION y Township 2 A portion of land situated in the southeast quarter of Section 1, nd more particularly described as South, Range 1 West, Willamette Meridian, a follows: Beginning at the southeast corner of Lot 43, Polling Hills No. 2, a recorded Plat, Washington County Plat Records; thence North 01°06' East, 180 feet to the northeast corner of said Lot 43; thence North 88048' West on the south right-of-way line of SW Cherry Drive 498.20 f ee't; thence North 01-40' East 196.37 feet; thence South 88°48' East 104 feet to the west line of Lot 44, said Rolling Hills No. 2; thence North 01°40' East 13.63 feet to the northwest corner of said Lot 44; thence South 88-48' East 105.88 feet to the northeast t east outh corner of said Lot 44; thence South 02001' West 38 feet; x 88048'03" East, 628.78 feet to the west right-of-way line of SW 72nd Avenue (County Road No. 472); thence South 01-31'25" West on said west right-of-way line 264 feet; thence North 88048' West 290 feet to the east right-of-way line of S:5 74th Avenue; thence South 01°06' West 88 feet, thence North 88048' west, 50 feet to the point of beginning, containing 4.274 Acres. 7F:bs/br58 ' 1 ✓OREGON F"m,4F.V SA.:5&5 RANDY 2 S.CLARP40 EXHIBIT B gyp. I 1 w 3501 2500 > 200- I f W w Q ti 02-': 3300y; 400 c ST 500 ! ! I I ! 1 ' PROPOSED SEWER R DISTRICT BOUNDARY EXISTING MANHOLE aAREA USED FOR ASSESSMENT COMPUTATION THE CITY OF TIGARD 74th AND CHERRY SEWER L.I.D. (REDWOED AREA) JULY, 1986 c' SCALE: I"=200° EXHIBIT "C" ESTIMATED ASSESSMENTS FOR 74th AND CHERRY SEWER LID (Revised July, 1986) Tax Lot Owner Assessment Area Estimated Assessment 2SI IDC 4v0 Maksym 11,703 sq. ft. $ 5,539 500 Gage 11,224 5,312 3101 Worzniak 12,688 6,005 3200 Gordon 12,843 6,078 3300 Ems 21,083 9,978 3302 Otto 15,250 7218 84,791 sq. ft. $40,130 (Assessment Rate = $0.4733 per square foot of assessment area.) dj/2654P i IL EXHIBIJ "D" ESTIMATED ASSESSMENTS UNDER VARIOUS LID PROPOSALS Estimated Assessments Original LID First Proposal for This Tax Lot Owner Pros oal A ril Reduced LID June Proposal 2S1 IDC 400 Maksym $ 5,203 $7,847 $ 5,539 500 Gage 3,626 5,469 5,312 3101 Wor-zniak 3,962 5,976 6,005 3200 Gordon 4,152 6,262 6,078 3300 Ems 5,571 8,402 9,978 3302 Otto 4,007 6,044 7,218 f 2654P dmj