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Resolution No. 00-39 CITY OF TIGARD,OREGON RESOLUTION NO.00-39 A RESOLUTION EST_.4BLI3IIING S—ITARY SEWER REMMURSEMENT DISTRICT NO.18 WHEREAS,on May 16, 1995,the voters of Washington County approved a Major Streets Transportation Improvement Program–Six Year Serial Levy for Roads(MSTIP3);and WHEREAS,improvements to SW Walnut Street at the intersection with SW 121"Avenue is included in the MSTIP3;and WHEREAS,the County is currently preparing to construct the improvements;and WHEREAS,the City Council of Tigard desires to include the construction of certain City improvements in this County project and has entered into an Intergovernmental Agreement vrith Washington County to include the City improvements in the County project;and WHEREAS, public sewers to serve residential lots along the project are among the proposed City improvements;and 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'-:ave 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 i 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.18",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 on Exhibit B. The Distrct shall be known as "Sanitary Sewer Reimbursement District No.18." 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 a ctea prep--l•••wners at their tart known address,in accordance with TMC 13.09.090. PASSED: This _day of jkn.1j 2000. Brian J. Moore, Council President ATTEST: -G43,o eserdef City ofTigaFa Greer A.Gaston,Deputy City Recorder Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 18 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 a project area. At the time the property owner ccnnocts to the s . er the ovvrner vvroufld 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. In addition, property owners are responsible for disconnecting their existing septic system according iv vvat5hinyiun CuU11iy fiiies and for any other modifications necessary to connect to the public sewer. This proposed district is being initiated by the City for the purpose of installing sewers as part of a Washington County street improvement project funded through the Major Streets Transportation Improvement Program (MSTIP). The sewers would be installed by the County, along with other City improvements, with the City reimbursing the County for the cost of the City improvements through an Intergovernmental Agreement approved by Council during the present meeting. If this proposed district had been initiated by the neighborhood, the neighborhood would have been required to submit evidence of resident support. Since this is a City- initiated district, staff conducted a survey of interest by mail. Of the twenty-four lots within the proposed district, eleven responded: seven supported the project,four did not support the projact. The results of the survey are shown on an attached map. Project Area-Zone of Benefit Existing sanitary sewer lines are located in SW 121s' Avenue south of the intersection of SW Walnut Street and SW 121"Avenue,and to the east and west in SW Walnut Street as shown on Exhibit Map B. Lines woUld be -Bended approximately 500 feet along SW 121" Avenue and approximately 500 feet along SW Walnut Street The line would serve twenty-four properties. Two properties in the area have not been included in the proposed district. ' 11770 SW Walnut Street its not proposed to be included because the house is a located in an area south of SW Walnut Street that that is too low to be served by the proposed sewer. The other property is 12225 SW Walnut Street at the northwest comer of SW 122nd Avenue. This lot is without a house and does not meet the minimum lot for the designated zoning. s cost The estimated cost for the sanitary sewer construction is $182,690. Engineering and inspection fees amount to$24,660 (13.5%)as defined in-1 MC 13.09.040(1). The total project cost including these fees is $207,350. 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. In addition to sharing the cost of the public sewer line, each properly owner will 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 ror work done on private property. Reimbursement Rate All properties in this area are zoned R-4.5 and have dissimiiar lot sizes as car, seer.'n Exhibit Map B. However,each property currently is improved with one house and further partitioning for additional houses is likely to require construction of additional sewers. Therefore,it i:;recommended that the total cost of the project be divided equally among the twenty-four properties included in the reimbursement district. Resolution 98-51 limits this fee to$8,000 to the extent that is does not exceed$15,000 per owner for connections completed within one year of final approval of the City Engineer's Report. Other reimbursement methods include basing the proportional share upon the square footage of each property 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 $8,640. 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 Re-olution 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 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 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 14,2000 /') o n A tin P.Guenas PE City Engineer 3 i i i i I:tltywl0eYg4dm78(w Imt and 121st)fa Uw.d=