Resolution No. 93-35 t
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CITY OF TIGARD, OREGON
RESOLUTION NO. 93-
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.4
WHEREAS, sanitary sewer improvements have been constructed to serve
properties south of SW Inez Street and west on. 100th Avenue; and,
WHEREAS, all costs of said sewer construction have been paid by Randy
and Janette Wilder; and,
WHEREAS, formation of a zone of benefit has been requested by Randy and i
Janette Wilder; and, '
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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.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Engineer's report titled "Sanitary Sewer
Reimbursement District No. 411, 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 and described on Exhibit B. The zone of
benefit shall be known as "Sanitary Sewer Reimbursement
District No.
Section 3: Payment of the recovery agreement connection charge as
shown in Exhibit C 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 4: An annual percentage rate of zero percent (0%) shall be
applied to the connection charge.
Section 5: The zone formation date is September 29,1992. The right
of reimbursement shall end on September 29, 2002, unless
extended by the Council in accordance with TMC 13.08.020
(b) (2) -
RESOLUTION NO. 93— �
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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)
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PASSED: This da of r , -1993.
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or - y of Tigard
ATTER':
City Recorder - City of Tig d
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RESOLUTION NO. 93-:�
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Exhibit A
City Engineer's Report
S"ITRRY SEWER REIMBURSEMENT DISTRICT No. 4
Background
A sanitary sewer line has been constructed to serve a new subdivision
created by Randy and Janette Wilder on SW 100th Avenue near Inez Street.
The sewer line also provides service to properties between Inez Street
and the new subdivision.
The sewer line is complete and available for connection.
Financing
All costs of construction of the sewer extension were paid by Randy and
Janette Wilder. They have requested that a reimbursement district be
formed so that they will be reimbursed for a share of the costs of the
sewer extension in the future as other properties are connected to the
sewer.
The sewer extension has provided sewer service to four adjacent
properties, thereby relieving 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
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The zone of benefit is the properties shown as the shaded area on the
attached map (Exhibit B) .
The zone formation date is September 29, 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 design and
inspect ion costs, is $23,368.50. All of this cost has been paid by
Randy and Janette Wilder.
Reimbursement Rate
The lots served by the sewer extension are all zoned R-3.51 which
provides for single-family residential development and certain related
( uses. The minimum lot siz19 in the R-3.5 zone is 10,000 square feet.
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C% While some of the lots have the potential to be subdivided, actual
subdivision of the lots in the near future seems unlikely. Existing
lots outside the Wilder's subdivision are already developed with one
single—family home per lot. hots within the Wilder subdivision are
configured in such a way that it would be difficult to subdivide and
still meet all requirements of the zoning code. Only one sewer stub was
provided for each lot. It appears that the future use will be one
single—family house per lot.
It appears that each lot receives equal benefit from the sewer
extension. Therefore, it is recommended that the costs of the sewer
construction be divided equally between the seven lots. The recommended
cost to each lot is shown in Exhibit C.
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 applicant has not submitted evidence of any finance costs.
Therefore, it is recommended that the percentage rate be zero percent
(0%) -
Recommendation
_ It is recommended that a reimbursement district be formed with a zone of
benefit, reimbursement rate and interest as indicated above.
Submitted July 7, 1993.
C/:�Ee
Randall R. Wooley
City Engineer
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MODEM
EXHIBIT .E.
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ff ZONE OF BENEFIT
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S.W. INEZ a STREET
DESCRIBED .... .: 21
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AREA .. ... .......
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-77 ......
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..................... ..................
TG" 4300.................. ............ .........
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"TL." 4200" 4p ..... ss K S. T
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$ ..................
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S.W. MURD®CK STREET
A portion of Lots 20 and. 21, Tlgardville Heights, Washington County, Oregon, more
particularly described as follows;
Beginning at the initial point of the Partition Plat for Randy A. and Janette L. Wilder
recorded as Partition Piot number 1992-077 in Washington County Surveyor's office; thence
South 89'35'09" West by the south line of said partition plat, 463.09 feet to the
southwestcorner of said partition plat; thence North 1°16'21" East by the west line
of said partitionplat, 188.56 feet to the northwest corner of said partition plat;
thence North 89.37"47" East by the north line of said partition plat, 64.52 feet to the
southwest corner of that parcel described in fee to David A. Littleton and Wanda J. Littleton
recorded March 21, 1989, in document number 89-11969, Washington County deed records; thence
North 1'48' East by the west fine of said Littleton parcel, 188 feet to the south
right-of-way of S.W. Inez Street; thence South 89"51" East along the south right-of-way
of S.W. Inez Street, 439 feet to the east right-of-way of S.W. (00th Avenue; thence South
1°27'57" West along the east right-of-way S.W. 100th Avenue, 376 feet to the westerly
extension of the south line of said Wilder Partition; thence South 89"35'09" West 40
feet to the point of beginning.
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Exhibit C
Recovery Agreement Connection Charges
Tax Lot Cost
2S1 11BC 1800 $ 3,338.35
2S1 11BC 1900 3,338.35
2S1 11BC 2000 3,338.35
2S1 11BC 2100 3,338.35
2S1 11BC 4100 * 3,338.36
2S1 11BC 4200 * 3,338.37
2S1 11BC 4300 * 3,338.37
2S1 11BC 4400 (common driveway) 0.00
Total $23,368.50
*Note 1: Tax lots 4100, 4200, and 4300 are owned by the applicant.
The reimbursement district connection charge is deemed to
have been paid on these lots.
Note 2: If any tax lot shown above is later subdivided, the
recovery agreement connection charge for that lot shall
be assigned to the new lots in accordance with the
written instructions of the subdivision applicant. If no
- written instructions are provided, the charge shall be
distributed equally among the new lots created.
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