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Resolution No. 92-12 CITY OF TIGARD, OREGON RESOLUTION NO. 92- IP— A RESOLUTION ESTABLISHING THE BONITA ROAD SANITARY SEWER REIMBURSEMENT DISTRICT WHEREAS, certain sanitary sewer improvements have been completed within the right of way of Bonita Road; and, WHEREAS, all costs of said construction have been paid from the Sanitary Sewer Fund of the City of Tigard; and, WHEREAS, formation of a zone of benefit has been initiated by the city; and, WHEREAS, the City Engineer has submitted a report describing the improvements, the zone of benefit, a methodology for spreading the cost 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. rr NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: l._ Section 1. Ths City Engineer's report titled "Bonita Road Sanitary Sewer Reimbursement District", 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 in Exhibit C. The zone of benefit shall be known as the "Bonita Road Sanitary Sewer Reimbursement. District". Section 3. Payment of the recovery agreement connection charge as tabulated 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 A. An annual percentage rate of 7.0% shall be applied to the connection charge on the anniversary date of the reimbursement agreement in accordance with TMC 13.08.020(b) (5) . RESOLUTION NO. 92- I� Page 1 ;f Section 5. The zone formation date is February 4, 1992. The right of reimbursement shall end or. February 4, 2002, unless extended by the Council in accordance with TMC 13.08.020(b) (2) Section 6. 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 13-08.020 (f) and (g) . ti41 PASSED: This day of 1992. Ma3re ity of Tigard ATTEST: City Recorder - City of T-i Yard \. rw/bon—ras FI RESOLUTION NO. 92- /-A - Page 2 �' �� Exhibit A City Engineer's Report BONITA ROAD SANITARY SEWER REIMBURSE NT DISTRICT Bac_karound SW Bonita Road was improved in 1991 between Hall Boulevard and Fanno Creek. Sanitary sewer lines were installed as Hart o£ the project in order to avoid the need to dig up the new street in the future. The sewer lines are completed and ready for use. Financing Usually, costs of construction of local sanitary sewers are paid by the owners of the properties served by the sewer. In the case of Bonita Road, the sewer construction costs were paid from the City's sanitary sewer fund, to assure that the sewer could be constructed at the time of street construction. it was expected that the sewer fund would be reimbursed in the future as each parcel is connected to the sewer. The sanitary sewer fund has provided adjacent property with improvements which would otherwise be required of the adjacent property. The sanitary sewer fund has relieved 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 cross-hatched area on the attached exhibit map (Exhibit B) . The zone of benefit includes only those properties which are adjacent to the new sewer and which can be expected to connect to the sewer in the future. Properties which already had sewer service from an alternate line were excluded. The existing house at Tax Lot 500 was connected to the sewer as part of the project because the street widening disrupted an existing drainfield. Connection of the existing house without charge was a condition of the right-of-way settlement with this property owner. The existing house would not be subject to the reimbursement district charges. However, if the property is redeveloped in the future, the reimbursement district charges would apply to the redevelopment. The zone formation date is February 4, 1992, which is the date that the project was accepted by the City as complete. 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 F SOME I I SW engi„eering and inspection costs, is $34,950.97. All of this cost should be reimbursed to the sanitary sewer fund as properties are connected to the sewer, in the future. Reimbursement Rate The properties in the proposed district are currently developed with single-family homes, except for Tax Lot 1000 which is undeveloped. Under existing zoning, all of the parcels have the potential for redevelopment in the future. For economic reasons, larger parcels have a greater potential for redevelopment_ than do smaller parcels. under either existing development or future redevelopment, the entire area of the parcels on the south side of Bonita Road could be served by the sewer in Bonita Road. For the parcels on the north side of Bonita Road, approximately the south 240 feet appears to be served by the Bonita Road sewer. The northerly portion of these parcels appears to be too low to be served by the Bonita Road sewer, Only the portion which can be served by the Bonita Road sewer is included in the proposed district. All of the area within the proposed district can be served directly from the Bonita Road sewer, The larger parcels have the potential- to connect a greater number of units to the sewer. Also, the larger parcels appear to have a greater potential for redevelopment. Therefore, we conclude that the benefits of the / sewer are related to the size of each parcel. For these reasons, l_ it is recommended that the reimbursement district charges be apportioned based on the area of each parcel within the district. The proposed apportionment is shown in the attached 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 Finance Director has indicated that the sanitary sewer funds could be invested at a rate of approximately 7% if the funds had not been used to finance the sewer. Therefore, it is recommended that the interest rate be set at 7%. Recommendation It is recommended that a reimbursement district be formed with a zone of benefit, reimbursement rate and interest as indicated above. Submitted March 13, 1992 Randall R. Wooley City Engineer t a H14L M� 3 Ar 2 3 o LU i r 3� � = v ® ALU i w Z � `— 3fiN3AH19L MS z C 0 a U IM LU N � Q Hai m anNEAV H16L MS k 3 ao Sao oNNvd u 'C a N& U d y UC oz C � �• c ca � E 33y .3s cE g N I N yN l 1 m 6 anN3AV 1518 MS o E 3:- y i i f EXHIBIT C l Those parcels situated In Norlhw$at;i of Section 12,Townshlp 2 South,Range 1 West,Willamette Meridian,Washington County,Oregon,and more particularly described as follows: Those parcels adjoining and South of S.W. Bonita Road and deeded to and In document; Name Document Craig Bitz 91-21421 James Harlan Bourquin 83.38.175 Robert E.and Ruth N.Gillmore 806-122 David H.and Sharron L.i arsg4ard 87-4680 Mary Ann Huiqulst 86-52475 Also,the south(0.88)eighty-eight hundredths of an acre of those parcels adjoining and North a_ of S.W. Bonita Road and deeded to Pauline T.Weaver,Trustee In document 92-3314 and tierlean Arlene Snyder in Book 901 and Page 821 in said County records. f i 3 a MEE Fm i EXHIBIT D BONITA ROAD SANITARY SEWER REIMBURSEMENT D'_STRICT CITY OF TICARD AREA PARCEL (ACRS) COST 2S1 12BA 400 0.88 $ 5,858.45 2S1 12BA 500 0.88 5,858.45 2S1 12BC 100 0.51 3,395.24 231 12BC 200 0.56 3,728.10 2S1 12BD 800 0.37 2,463.21 2S1 12BD 900 0.39 2,596.36 i 2S1 12BD 1000 1.66 11,051.16 i TOTAL 5.25 34,950.97 $ 34,950.97 _ 5.25 Ac. _ $ 6,657_33 per acre r