Resolution No. 06-63 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 06-006
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.
39 (SW HILL VIEW STREET, 102ND 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, the property owners of proposed Sanitary Sewer Reimbursement District No. 39 (SW
Hill View Street, 102nd 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 ospreading 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. 39,"
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. 39, SW Hill View
Street, 102nd 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.
RESOLUTION NO. 06 - 63
Page 1
SECTION 6 This resolution is effective immediately upon passage.
PASSED: This day of OC t)ba-v 2006.
r
Mayor- City of Tigard
ATTEST:
,,2
City Recorder- City of Tigard
i:\eng\2006-2007 fy clpWil view&102nd ss distUoenationN 0-10-06 reim dist 39 res.doc
RESOLUTION NO. 06 �p3
Page 2
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 39
(SW Hill View Street,102nd 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 $2,735, 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 systems according to Washington County rules and for
any other modifications necessary to connect to the public sewer.
Project Area- Zone of Benefit
Serving the seven lots in the following table will require the extension of an existing sewer in
SW Hill View Street west to 102nd Avenue. The house at 13995 SW 102nd is proposed to be
included in the district although it could be served from an existing line in SW McDonald
Street. After meeting with City staff, the owner has determined that a connection provided
by the proposed district is more advantageous then connecting to the line in SW McDonald.
The proposed project would provide sewer service to a total of seven lots as shown on
Exhibit Map B.
Cost
The estimated cost for the sanitary sewer construction to provide service to the seven lots is
$206,343. Engineering and inspection fees amount to $27,856 (13.5%) as defined in TMC
13.09.040(1). The estimated total project cost is $234,200. 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 a connection and inspection fee, currently $2,735,upon connection to the public line.
All owners will be responsible for all plumbing costs required for work done on private
property.
Reimbursement Rate
All properties in the proposed district are zoned R-3.5 but vary in lot size from about sixteen
thousand to twenty thousand square feet as can be seen in the following list of lots.
Therefore, it is recommended that the total cost of the project be divided among the
properties proportional to the square footage of each property.
Exhibit A Page 1 of 4
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 $1.83956756 per
square foot of lot served. 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 No. 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 No. 03-55 (attached).
Annual Fee Adjustment
TMC 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.
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 (IMC) 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 September 26,2006
dv.-�:jD—
u tin P. Duenas, P.E.
ngineer
i:\eng\2006-2007 fy cip\hill view&102nd ss dishformation\10-10-06 reim dist 39 report app a.doc
Exhibit A Page 2 of 4
Attachment 6
CITY OF TIGARD,OREGON
RESOLUTION NO. 01-
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS,the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09;and
WHEREAS,on October 13, 1998,the City Council established The Neighborhood Sewer Reimbursement
District Incentive Program through Resolution No.98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS,on September 26,2000,the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No.00-60;and
WHEREAS,City Council finds that residential areas that remain without sewer service should be provided
with service within five years;and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentive Program is hereby repealed.
SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer
Extension Program. This incentive program shall apply to sewer connections provided
through the sewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09.105 or by two years
from the date this resolution is passed, which ever is later, as shown on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee determined in accordance with Section
13.09.040 does not exceed$15,000,the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed$6,000 per connection,provided that the
lot owner complies with the provisions of Section 2. Any amount over$15,000 shall be
reimbursed by the owner.This applies only to the reimbursement fee for the sewer
installation and not to the connection fee,which is still payable upon application for
RESOLUTION NO.01 01-4p
Page 1
t
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to.
any person who is not an original payer.The Finance Director shall make payment to all
persons entitled to the refund no later than August 31,2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer
Reimbursement District Program, shall provide the funding for the installation costs
over$6,000 up to a maximum of$15,000 per connection.
EFFECTIVE DATE: July 10,2001
PASSED: This I b t4\-day of fT.2001.
ayor Ci o-flihard
ATTEST:
i Recorder-City of and
IACitywide\Res\Resolution Revising the Neighborhood Sewer Incentive Program
RESOLUTION NO.O1-±Al
Page 2
Attachment 7
CITY OF TIGARD, OREGON
RESOLUTION NO. 03-,"_)_
A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD
SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM(RESOLUTION NO. 01 —46).
WHEREAS,the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS,on July 10, 2001,the City Council established the Revised and Enhanced Neighborhood
Sewer Reimbursement District Incentive Program through Resolution No.01-46 to encourage owners to
connect to public sewer within three-years following construction of sewers; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners of large lots to promptly connect to sewers once service is available.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose
reimbursement fee exceeds$15,000 and wishes to connect a single family home or
duplex to a sewer constructed through a reimbursement district may defer payment of
the portion of the reimbursement fee that exceeds$15,000, as required by Section 3 of
Resolution No. 01-46,until the lot is partitioned or otherwise developed in accordance
with a land use permit. The land use permit shall not be issued until payment of the
deferred amount is made. The Annual Fee Adjustment required by TMC Section
13.09.115 shall not apply to payment of this deferred amount.
SECTION 2: Lots that qualify under Section 1,within reimbursement districts that have exceeded the
three-year period for connection, and have not connected to sewer can connect the
existing structure,pay a reimbursement fee of$6,000, and defer payment of the portion
of the reimbursement fee that exceeds$15,000 if connection to the sewer is completed
within one year after the effective date of this resolution.
SECTION 3: Vacant lots improved with a single family home or duplex during the term of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46,pay
$6,000 if the fee exceeds that amount,and may defer payment of the portion of the
reimbursement fee that exceeds$15,000 as provided by Section 1.
SECTION 4: Vacant lots that are partitioned,subdivided, or otherwise developed during the life of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46,shall pay
a reimbursement fee of$6,000, and shall pay any amount due over$15,000 at the time
of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall
not apply to payments made under this section.
SECTION 5: The owner of any lot for which deferred payment is requested must enter into an
agreement with the City,on a form prepared by the City Engineer,acknowledging the
RESOLUTION NO. 03-55
Page 1
owner's and owner's successors obligation to pay the deferred amount as described in
Section 1. The City Recorder shall cause the agreement to be filed in the office of the
County Recorder to provide notice to potential purchasers of the lot. The recording will
not create a lien. Failure to make such a recording shall not affect the obligation to pay
the deferred amount.
SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the
portion of the reimbursement fee in excess of$15,000 is entitled to reimbursement for
that amount from the City upon request. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who isnot an original payer. Any person requesting a refund must sign an
agreement similar to that described in Section 5 acknowledging the obligation to pay the
refunded amount upon partitioning or developing the lot.
SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood
Sewer Reimbursement District Program and shall provide the funding for the installation
costs over $6,000 up to a maximum of$15,000 per connection and for any deferred
payment permitted by this resolution.
SECTION 8: This resolution is effective immediately upon passage.
` fes
PASSED: This /�1 — day of Ct,+D� 2003.
Wa��City of T4gard
Craig E. Dirksen, Council President
ATTEST:
City Recorder-City of Tigard
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RESOLUTION NO. 03-
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