Resolution No. 04-53 CITY OF TIGARD,OREGON
RESOLUTION NO.04-153
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.30(SW
121sT AVENUE.)
WHEREAS,the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and
recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09;and
WHEREAS, these property owners 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. 30",
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 shalt be the area shown and described on Exhibit B. The District shall be
known as"Sanitary Sewer Reimbursement District No.30,SW 121'`Avenue."
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 TMC 13.09.090.
SECTION 6 This resolution is effective upon passage.
r PASSED: This 13 day of 2004.
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{ Mayor- rty of Tigard
ATTEST:
Jane McGarvin,Deputy City Recorder
RESOLUTION NO.04- S3
Page 1
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No.30
(SW 121st Avenue)
Background
This project will be constructed and funded under the City of Tigard Neighborhood
Sewer Extension Program (NSEP). Under the program the City of Tigard would install
public sewers to each lot within the project area. At the time the property owner
connects to the sewer, the owner would pay a connection fee, currently $2,535, and
reimburse the City for a fair share of the 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 system
according to Washington County rules and for any other modifications necessary to
connect to the public sewer.
Proiect Area-Zone of Benefit
Serving the sixty-seven lots in the following Schedule A list will require the extension of
an existing sewer at SW 121St Avenue and Tippit Place. The three lots along the east
side of SW 121St Avenue and south of Howard Drive currently may be served by an
existing line along their SW 121St Street frontage. The purpose of including these three
lots in the proposed district is to provide each lot with a service line to the mainline in
the street. Because the work required to provide service to the lots listed in Schedule A
differ in character from those in Schedule B, different methods of assigning costs are
proposed.
The proposed project would provide sewer service to total of seventy lots as shown on
Exhibit Map B.
Tax lot 800 is a 1.6 acre undeveloped lot between Alberta Street and James Road
without access to a right-of-way. This lot is not proposed to be included in the district
since the lot will not have access to the proposed sewer in Alberta Street. Providing
service to this lot would require construction of a public sewer across other privately
owned lots to reach the proposed Alberta Street sewer. This work would most likely be
accomplished by the owner of the lot. The feasibility of such a project and the
availability of the easements required for this construction are unknown. However,if
j the owner of the lot finds the project to be feasible,the line will be available for
i development of the lot although it is not included in the district.
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Cost
The estimated cost for the sanitary sewer construction to provide service to the sixty-
seven lots in Schedule A is $754,001. Engineering and inspection fees amount to
$101,790 (13.5%) as defined in TMC 13.09.040(1).The estimated cost for the sanitary
Engineering Report—District#30—121"Avenue Sanitary Sewer Extension Pagel of 7
sewer connection lines to the three lots in Schedule B is $12,506. Engineering and
inspection fees amount to $1,688 (13.5%) as defined in TMC 13.09.040(1). The
estimated total project cost is $869,986. This is the estimated amount that should be
reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their
fair share of the total amount. However, the actual amount that each property owner
pays is subject to the City's incentive program for early connections.
In addition to sharing the cost of the public sewer line, each property owner will be
required to pay an additional $2,535 connection and inspection fee when connection to
the public line is made. All owners will be responsible for all plumbing costs required for
work done on private property.
Reimbursement Rate
All properties within Schedule A are zoned R-4.5 but vary in lot size from 51,000 to
11,000 square feet as can be seen in the following list of lots. Therefore, it is
recommended that the total cost of this portion of the project be divided among the
sixty-seven 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.
The cost of providing service lines to each of the three lots of Schedule B will be equal.
Therefore, it is recommended that the total cost of this portion of the project be divided
equally among the three lots.
For the lots within the Schedule A portion of the project, each property owner's
estimated fair share of the public sewer line is $0.69 per square foot of the lot
served. For the lots within the Schedule B portion of the project, each property
owner's estimated fair share is $4,732. 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 01-46 (attached). in
addition to paying for the first$6,000, owners will remain 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 03-
55(attached).
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Annual Fee Adiustment
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TMG 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.
Engineering Report—District#30—121"Avenue Sanitary Sewer Extension Page 2 of 7
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 the 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 June 28,2004
Agu n P.Duenas,P.E.
City Engineer
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Engineering Report—District#30 121"Avenue Sanitary Sewer Extension Page 3 of 7
Reirribursmerlt District No, 30 Schedule A
Estimated Cost to Property Owners
ESTIMATED
OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO PAID BY PAID BY CITY
PROPERTY OWNER
OWNER
1 BEATY NORMA A 12170 SW JAMES ST 2S103CS02200 19996 $13,848 $6,000 $7,648
2 BECKER GORDON S 12905 SW 121ST AVE 2S103BC01700 14857 $10,289 $6,000 $4,289
3 BERGSTROM EDWARD A 12165 SW MARION ST 2S103CB02600 15950 $11,046 $6,000 $5,046
4 BERINGER BRIAN J 8 ANN L 12290 SW MARION ST 2SI03CB04100 14850 $10,284 $6,000 $4,284
5 SETTENCOURT RICHARD ELLIS 13240 SW 121ST AVE 2SI03CA00303 51494 $35,660 $26,660 $9,000
6 BORST DONNA S 12150 SW JAMES ST 2SI03CB02300 19963 $13,825 $6,000 $7,825
7 BRUNNER LANE E&CYNTHIA M 12240 SW JAMES ST 2S103CB01900 19998 $13,849 $6,000 $7,849
8 BUCHHOLZ KYLE J 12120 SW ALBERTA ST 2S103BCO2700 17029 $11,793 $6,000 $5,793
9 CHAVEZ JAIME A&KAREN 12295 SW ALBERTA ST 2S103BCO2300 15111 $10,465 $6,000 $4,465
10 CONN AUSSA L&MICHAEL L 12240 SW ALBERTA ST 2S103BC03100 15128 $10,476 $6,000 $4,476
11 DAHL STEPHEN MARION S 12170 SW MARION ST 2S103CB04700 16234 $11,242 $6,000 $5,242
12 DAWES RICHARD C&LISA A 12205 SW ALBERTA ST 2S103BCO2000 15111 $10,465 $6,000 $4,465
13 DELANO NELLIE M&GARY W 12185 SW MARION ST 2S103CB02601 15950 $11,046 $6,000 $5,046
14 DENKER LES&DEBBIE 12260 SW JAMES ST 2SI03CBOISD0 20139 $13,947 $6,000 $7,947
15 DUNNING DRAKE D 12745 SW 121ST AVE 2S103BC01400 14057 $9,735 $6,000 $3,735
16 ENG DEAN 13235 SW 121 STAVE 2S103CB02500 15681 $10,859 $6,000 $4,859
17 GENTIS STEVEN W 12175 SW ALBERTA ST 2S103BC01900 15111 $10,465 $6,000 $4,465
18 GROSSE'FAMILY TRUST 12185 SW JAMES ST 2S103CB00500 16284 $11,277 $6,000 $5,277
19 HARRIS RONALD C AND LILA S 12285 SW MARION ST 2S103CB03001 15951 $11,046 $6,000 $5,046
20 IVERSON LARRY T&SANDRA L 12220 SW JAMES ST 2SI03CS02000 20000 $13,850 $6,000 $7,850
21 JAGOSH JOHN 12145 SW JAMES ST 2S103CB00300 21976 $15,219 $6,219 $9,000
22 JOHNSON H DALE AND 12245 SW MARION ST 2S103CB02900 15951 $11,046 $6,000 $5,046
23 RUTH WOOD JONES HOLDINGS LLC 121ST AVE(VACANT) 2S103CA00309 19567 $13,550 $6,000 $7,550
24 RUTH WOOD JONES HOLDINGS LLC 121ST AVE(VACANT) 2S103CA00310 17663 $12,232 $6,000 $6.232
25 RUTH WOOD JONES HOLDINGS LLC 121ST AVE(VACANT) 2S103CA00311 17662 $12,231 $6,000 $6,231
26 JONES RICHARD W 12190 SW MARION ST 2S103CB04600 15658 $10,843 $6,000 $4,843
27 JOSEPH BRENDA M 11905 SW FONNER ST 2SI03BD03700 15207 $10,531 $6,000 $4,531
28 KAUSLER WILLIAM M&MELISSA J 12225 SW MARION ST 2S103CB02800 15951 $11,046 $6,000 $5,046
29 KELLY DANIEL D&MELODIE 12180 SW ALBERTA ST 2SI03BCO2900 15128 $10,476 $6,000 $4,476
30 KIRCHER ROBERT S 12970 SW 121ST AVE 2SI03BD03500 19331 $13.387 $6,000 $7.387
31 LANCASTER MICHAEL T 13035 SW 121 STAVE 2SI03CB00IOD 19934 $13.805 $6,000 $7,805
32 LAPLANTE FELIX F AND SALLY J 12145 SW ALBERTA ST 2S103BC01800 15111 $10,465 $6,000 $4,465
33 LEAR JOE JR&JOANN 13065 SW 121ST AVE 2S103CS00200 15998 $11,079 $6,000 $5,079
34 LOFGREN RICHARD W&PATRICIA M 11935 SW FONNER ST 2S103BD03600 16838 $11,651 $6,000 $5.661
35 MENDE MICHAEL FONNER 2S103CA00301 18238 $12,630 $6,000 $6.630
36 MUNSON KURT R AND JULIA H 12205 SW MARION ST 2S103CB02700 15951 $11,046 $6,000 $5.046
37 MASH FAMILY REV LIV TRUST 12270 SW ALBERTA ST 2S103BC03200 15128 $10,476 $6,000 $4,476
38 NORRIS LONNIE D AND 13300 SW 121ST AVE 2S103CA00500 23445 $16,236 $7,236 $9.000
39 NORTON CLAYTON E 12210 SW MARION ST 2S103CB04500 15820 $10,956 $6,000 $4,956
40 OLIVER CHARLES AIBETH M 12300 SW ALBERTA ST 2S103BC03300 15128 $10,476 $6,000 $4,476
41 OSGOOD CHERYL 12845 SW 121ST AVE 2S103BC01600 15586 $10,794 $6,000 $4,794
42 OTTING JOHN H 12210 SW ALBERTA ST 2SI03BC03000 15128 $10.476 $6,000 $4,476
43 OWNBEY DAVID LLOYD 12230 SW MARION ST 2S103CB04400 15185 $10,516 $6,000 $4.516
44 PALACIOS ARMANDO&PATRICIA& 12920 SW 121ST AVE 2SIO38D03400 22686 $15.710 $6,710 $9.000
45 PARKER BENJAMIN J&KIMBERLY A 13305 SW 121ST AVE 2S103CB04800 18358 $12.713 $6,000 $5.713
46 PEDERSEN NORMAN LEROY&ALICE M 12265 SW ALBERTA ST 2SI03BCO2200 15111 $10,465 $6,000 $4.465
47 PETITT THOMAS J&ERIN D 13400 SW 121ST AVE 2S103CA00603 23467 $16,251 $7,251 $9.000
48 PRICE JOHN H&NORMA J 12270 SW MARION ST 2SI03CB04200 15139 $10,484 $6,000 $4,484
49 RAMIREZ EDUARDO&LUCIA 12840 SW 121ST AVE 2S103BD03200 11424 $7,911 $6,000 $1,911
50 REED GEORGIA J LIVING TRUST 12795 SW 121ST AVE 2S103BC01500 15589 $10,796 $6,000 $4,796
51 SCHMIDTMANN BRANDT&KAREN K 12215 SW JAMES ST 2S103CB00600 28973 $20,064 $11,064 $9.000
52 SCHMIDTMANN BRANDT&KAREN K JAMES RD 2S103CB00501 12688 $8,787 $6,000 $2.787
53 SELNER JOHN JOSEPH&MAXINE ELL 12280 SW JAMES ST 2S103C601701 17314 $11,990 $6,000 $5,990
54 SHEPHERD NICHOLAS M 12265 SW MARION ST 2S103CB03000 15951 $11,046 $6,000 $5.046
i 55 SITZMAN DEANE D/ANNA L 12235 SW ALBERTA ST 2S103BCO2100 15111 $10,465 $6,000 $4,465
56 SJULIN-GREGER FAMILY TRUST 13360 SW 121 ST AVE 2S103CA00602 14989 $10,380 $6,000 $4,380
i 57 SMITH SANDRA T 12880 SW 121ST AVE 2SI03BDO3300 23524 $16.291 $7,291 $9.000
1 58 SPANGLER JAMES P&KAREN L 13270 SW 121ST AVE 2SI03CA00400 22717 $15,732 $6,732 $9,000
59 STAEHNKE.BENJAMIN M 12165 SW JAMES ST 2S103C800400 28971 $20,063 $11,063 $9,000
60 STRENDING EDWARD MARIANN 12150 SW ALBERTA ST 2S103BCO2800 15128 $10,476 $6,000 $4,476
61 THORIN G KARIN 12190 SW JAMES ST 2S103CB02100 19999 $13,850 $6,000 $7.850
62 TIBBETS GEORGE L FAMILY TRUSTEE 12235 SW JAMES ST 2S103CS00700 43464 $30,100 $21,100 $9,000
63 TIBBETS KATHLEEN M 12275 SW JAMES ST 2S103CB01000 15774 $10,924 $6,000 $4,924
64 VONADA GREG E&REBECCA M 12020 SW FONNER ST 2S103CA00302 21479 $14,875 $6,000 $8.875
65 WALL KENT N&FRANCES P 13205 SW 121ST AVE 2S103CB02400 20001 $13.851 $6,000 $7,851
66 WILLIAMS MICHAEL R 12250 SW MARION ST 2S103CB04300 15902 $11,012 $6,000 $5.012
67 WILSON RONALD R DIANE M 13200 SW 121ST AVE 2SI03CA00307 21534 $14,913 $6,000 $8.913
Totals 1235771 $855,791 $453,326 $402,465
PROJECT TOTAL(Paid by Owners+Paid by City) $855,79'1
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Page4 of
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121ST AVENUE
Reimbursment District No. 30 Schedule A
Estimated Cost to Property Owners
Summary
Eatlmated Conabuction Cost $655,653
15%contingency(construction) $.S,34g
Estimated construction cost(plus contingency) $754,001
13.5%contingence{Admin&Eng) $101,790
total project costs $855,791
total area to be served(S.F.) 1,235 771.00
total cost per S.F.to property owner $0.69
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Reimbursment District No. 30 Schedule B
Estimated Cost to Property Owners
E D
OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO
PROPERTY
OWNER
1 BROWN MICHAEL J& 13530 SW 121 ST AVE 2S103CDO4400 19088.44 $4,731.67
2 HAWKINS CYNTHIA J 13460 SW 121ST AVE 2S103CA02000 15278.40 $4,731.67
3 ULLRICH RICHARD L 13500 SW 121ST AVE 2S103CD04500 38610.84 $4,731.67
Totals 72977.68 $14,195
PROJECT TOTAL $14,195
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121 ST AVENUE
Reimbursment District No. 30 Schedule B
Estimated Cost to Property Owners
Summary
Estimated Construction Cost $10,875
15%contingency(construction) $1,631
Estimated construction sub-total $12,506
13.5%contingency(Admin 8.Eng) $1,688
total project costs $14,195
SCHELULE A $855,791
SCHELULE B $14,195
TOTAL PROJECT COST SHEDULE A AND B
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