Resolution No. 07-12 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07- Q
A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO.
40 (SW ANN STREET)
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. 40 (SW
Ann Street) 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. 40,"
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. 40, SW Ann Street."
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 immediately upon passage.
RESOLUTION NO.07 -
Page 1
i
PASSED: This /J day of 2007.
Mayor- City of Tigard
ATTEST:
City Recorder- City of Tigard
iAeng\2006-2007 N cip\ann st reimbursement dist\tonna0on\3-13-07 reim dist 40 res.doc
RESOLUTION NO.07
Page 2
Exhibit A
City Engineer's Report
Sanitary Sewer Reimbursement District No. 40
(SW Ann Street)
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 nine lots in the following table will require the extension of an existing sewer in
SW 116th Avenue south to SW Ann Street. All of the currently unserved lots along SW Ann
Street from SW 116th Avenue to SW 121St Avenue will be served. The lots along the north
side of SW Ann Street are currently served by a sewer along their back lot lines.
The proposed project would provide sewer service to a total of nine lots within the
proposed reimbursement district as shown on Exhibit Map B.
Cost
The estimated cost for the sanitary sewer construction to provide service to the nine lots is
$252,607. Engineering and inspection fees amount to $34,102 (13.5%) as defined in TMC
13.09.040(1). The estimated total project cost is $286,709. Subject to the Incentive
Program, this is the usual expected estimated amount that would be reimbursed to the
sanitary sewer fund as properties connect to the sewer and pay their fair share of the total
amount. However, the owners have expressed concern about the reimbursement fee being
higher than the fee for other districts.
The higher fee is the result of the sewer only serving the south side of Ann Street since the lots
on the north side are currently served by a sewer along their back lot line. This leaves the lots
on the south side with the entire cost of the sewer instead of sharing the cost with the lots on
the other side of the street. The owners believe that there is an easement along their back lot
line intended for a sewer that could serve their lots as well as the lots immediately south and
fronting onto Walnut Street. Although a sewer at this location does not meet City design
standards, the owners expected that they would share the cost of constructing this sewer with
the lots on the south side of the easement. However, these lots on the south side of the
easement were provided with sewer service from sewers installed in Walnut Street in 2001
through Sewer Reimbursement District No. 18. The owners believe that the installation of
sewers in Walnut Street eliminated an opportunity for cost sharing of the construction of a
Exhibit A Page 1 of 5
sewer and now request relief by reducing the reimbursement fee by one-half. Staff
recommends approval of this request. The following tables show the estimated cost to each
owner with approval of the request. The estimated cost to each owner is based on spreading
one half of the total estimated project cost among the owners instead of the full cost.
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-4.5 but vary in lot size from about twelve
thousand to sixteen 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.
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 $1.03850159 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 (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.
Exhibit A Page 2 of 5
Submitted February 27,2007
s in P. Duenas,P.E.
Ci ngineer
i:\eng\2006-2007 fy cip\ann st reimbursement dist\formadon\343-07 rein dist 40 report ex a rt.doc
Exhibit A Page 3 of 5
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ANN STREET
Reimbursement District No. 40
Estimated Cost to Property Owners
February 27,2007
Estimated Construction Cost $219,658
15% contingency(construction) $32,949
Estimated construction subtotal $252,607
13.5% contingency(Admin & Eng) $34,102
total project costs $286,709
total area to be served (S.F.) 138,040
$2.07700318
total recommended cost per S.F. to property owner $1.03850159
Page 5 of 5
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