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Resolution No. 99-68 CITY OF TIGARD,OREGON RESOLUTION NO.99-6 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 16 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 sanitary sewer improvements for the proposed Reimbursement District are included in a Street Capital Improvement Project;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 MIL 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.16",attached hereto as Exhibit A,is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09.The Districi shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 16." i 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. 3 j SECTION 4 An annual fee adjustment, at a rate recommended by the Finance t Director,shall be applied to the Reimbursement Fee. e � 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. ��^^ PASSED: This y day ufJQ 1999. M -City of Tigard ATTEST: CA�M'2_Lyu City Recorder-City of Tigard n Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No.16 Back-ground This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extei-Sion Program(NSEP). Under the program the City of Tigard would install public sewers to each lot within a project area. At the time the property owner connects to the sewer,the owner would pay a connection fee of $2,335.00 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. Payment of the reimbursement fee is also required if any of the activities mentioned in TMC 13.09.110(1)occur. 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. The project was initiated by a request for service from six owners. A subsequent survey of all owners within the project area showed that a total of twelve of the twenty-two owners supported the project as shown on the attached map. Proiect Area-Zone of Benefit An existing sanitary sewer line is located in SW 103nd Avenue south of SW Delmonte Drive. This line would be extended north in SW 103' and 104' Avenues to SW Murdock Street to provide the additional twenty-two services. There is no need for future extensions of the proposed lines. Cost The estimated cost for the sanitary sewer construction is $197,860. Engineering and inspection fees amount to$26,710(13.5%)as defined in TMC 13.09.040(1). The total project cost including these fees is $224,570. This entire amount should be reimbursed to the NSEP fund as properties connect to the sewer and pay their fair share of the total amount. H In addition to sharing the cost of the public sewer line, each property owner will y be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. 7 ' Reimbursement Rate All properties in this area are zoned Mixed Use Employment and have similar lot sizes as can be seen in Exhibit Map B. Therefore, it is recommended that the total cost of the project be divided equally among the twenty-two properties included in the reimbursement district. Other reimbursement methods include basing the proportional share upon the square footage of each property or by the length of frontage of each property. Because all properties are similar in size, the square footage method is not recommended. The length of frontage method is also not recommended because of the four comer lots. Each property owner's estimated fair share of the public sewer line is $10,210. Each owner's fair share would be limited to$8,000 to the extent that it does not exceed$15,000,for connections completed within one year of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 98-51(attached). In addition to paying for the first $8,000, owners will remain responsible for paying all actual costs that exceed$15,000. Annual Fee Adiustment 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 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 0 fee. 5 o ■mom i= �� a � ■ � _ ■ s - •� • 1 NW 1 /4 SW 1 /4/ SECTIOr CITY OF TIGARD, WASHINC'TC CANTERBURY LN Li N ED ffff J Y Y t VICINITY MAP LEGAL DESCRIPTION: DEL MONTE SUBDIVISION 8c DEL MONTE SUBDIVISION PLAT NO. 2 i LOT 1 (T.L.200) LOT 8 (T.L.900) LOT 15 (T.L.1308) LOT 2 (T.L.300) LOT 9 (T.L.1000) LOT 16 (T.L_1304) LOT 3 (T.L.400) LOT 10 (T.L.1100) LOT 17 (T.L.1303) i LOT 4 (T.L.500) LOT 11 (T.L.1200) LOT 18 (T.L.1309) LOT 5 (T.L.600) LOT 12 (T.L.1305) LOT 19 (T.L.1310) j LOT 6 (T.L.700) LOT 13 (T.L.1306) LOT 20 (T.L.1302) EXHIBIT,.�'8' LOT 7 (T.L.800) LOT 14 (T.L.1307) LOT 21 (T.L.1301) LOT 22 (T.L.1311) NOT 70 SCALE lie NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED R-3.5 MEMORANDUM CITY OF TIGARD,OREGON TO: Greg Berry FROM: Greer Gaston DATE: September 20, 1999 SUBJECT: Resolution No. 99-68 Reimbursement District Attached is copy of the above Resolution. As stated in Section 5, please mail a copy of this Resolution to affected property owners. ARL I have forwarded a certified copy of this resolution to Dee Wise to be filed in the office of the County Recorder. IA-g%g2erVm 2 Ob.a I I i