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Resolution No. 02-80 CITY OF TIGARD, OREGON RESOLUTION NO. 02- �0 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 23 (SW O'MARA STREET) WHEREAS, on April 9, 2002, the City Council approved Resolution No. 02-28 to form Sanitary Sewer District No. 23 to construct sewers in SW O'Mara Street in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 02-28 included the City Engineer's Report, which contained an estimated construction cost and total project cost; and WHEREAS, construction of the sewer improvements has completed, final costs have been determined and the City Engineer's Report has been revised to include the final costs as required by TMC 13.09.105 (1); and WHEREAS,these property owners have been notified of an informational hearing in accordance with TMC 13.09.060 and an informational hearing was conducted in accordance with TMC 13.09.105; and WHEREAS, the City Council has determined that the proposed revisions to the City Engineer's Report as recommended by the City Engineer are appropriate. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Cuuucil that: SECTION 1 The revised City Engineer's Report titled "Sanitary Sewer Reimbursement District No. 23 (O'Mara Street at Chelsea Loop)", attached hereto as Exhibit A, is hereby approved. SECTION 2 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. EFFECTIVE DATE: This resolution shall be effective immediately. PASSED: Tliis day of /J'(_c- iJ,' r 2002. M yor-City fV and ATTEST: City Recorder-City of Tigard l\tig333\usr\deptslcitywide\resireim-23(o'mara)final.do RESOLUTION NO. 02- Page I Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 23 (O'Mara Street at Chelsea Loop) Background This project was constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard installs public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner pays a connection fee of $2,335.00 and reimburses 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 Cnunty rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit An existing sanitary sewer line is located in SW Chelsea Loop as shown on Exhibit Map B. The line from Chelsea Loop would be extended south then continue west along SW O'Mara Street serving eight lots on the south side of the street. The five contiguous lots further west were provided with service on January 26, 2000 through Reimbursement District No. 17. The lots on the north side of SW O'Mara are currently served from SW Hill Street. The District was originally proposed to include only the seven lots fronting SW O'mara Street. During construction, the owner of a lot to the south at 9215 SW Edgewood requested service (letter attached) and obtained the easement required to extend a service line from SW O'Mara Street to the lot. This lot has been provided with service and inclusion in the district is recommended. Cost The final cost for the sanitary sewer construction is $67,088.00. (This amount does not include $1,500 for an additional service lateral requested and paid for, by the owner of 9130 SW O'Mara Street). Engineering and inspection fees amount to $9,056.88 (13.5%) as definod in TMC 13.09.040(1). The final total project cost is $76,144.88. This is the 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 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 $2,335 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 in this area are zoned R-4.5 but vary in lot size from about 9,500 to 24,000 square feet. Therefore, it is recommended that the total cost of the project be divided proportional to the square footage of each property among the seven properties included in the reimbursement district as shown on the attached table. Resolution 01-46 limits this fee to $6,000 to the extent that is does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods include dividing the cost equally among the owners or proportional to 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 lot proposed to be added to the district at 9215 SW Edgewood Street has a forty-foot wide 155 feet long (6,200 square feet) undevelopable driveway to Edgewood Street. The area of the driveway was deducted from the total area of the lot to arrive at the area used to compute this owner's share of the public sewer line. Each property owner's final fair share of the public sewer line is $0.4717 per square foot of the lot served as shown in Exhibit G. 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. 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 fee. Submitted November 25, 2002 Agtin P. Duenas PE Cit ngineer \\tig333\usr\depts\eng\greg\reimbumemerd districts\23 o'mam at chetseakfinaKreport final.doc M N U t!} a 0. (14 z O z F— :ls vavw,a osps O W - ... VIS13 w Z QV) Z O :?'«s vavw,o W (ifO CD -- J m Ury S3aV 4S p W W _ / i m W S383,V* £s 0 Fn............ X0 I--- z — \ � Ws3aav log-0 W VsVw,0 plZs:>:: W z ry W .. _ -- - - ........ - - .......... S380V l9 0 zz�b i_ +.000M3003 S t O >- - .vavw,o 0bz6 Q WOf S383 �— ---- t w Of LL- LAJ p I 4 w Z Qto n / - W Lu LuV QS Q 4- � � Id- 4J N z Q Z k 4 N uj N Q z0 2 0 Z z yr p w w d W v O 4 W Z -N Exhibit C 11/21/°2 2:34 PM Reimbursement District #23 Final Cost to Property Owners FINAL COST OWNER TAX LOT ADDRESS ARCA AREA(S.F.) TO PROPERTY --—-- - - - -90--5--0- — OWNER _ 1 EARDLEY 2S102DC00502 SW O'MARA ST 0.51 22,360.67 $10,547 2 YEDtNRA AK 2S102DC00511 9090 SW O'MAST 0.55 23,994.48 _$11,318 3 FULLER 2S102DC00502 9130 SW O'MARA ST 0.54 23,332.99 $11,006 4 MUELLER2S102DC00506 9190 SW O'MARA ST 0.53 23,147.74 _ $10,918 5 _ - ---P- -. 2---S- -- - 9210SW. .�_-- —O'M--ARA ST 0- - --. WO- 102DC00508-- .54 _23,5_20.85 6FISHER 2S102DC00300 9240 SW O'MARA ST 0.22 9,479.02 $4,471 _ ----- — --- --— - 7 FISHER 2S102DC00302 9240 SW OWARA ST 0.35 15,114.64 $7,129_ 8 BUNGER 2S102DC00402 9215 SW EDGEWOOD ST 0.61_ 2_0,48_ _5.61 $9,662 Totals 3.84 161,436.00 $76,144.88 CITY OF TIGARD,OREGON RESOLUTION NO.01-`f(P 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 extendu I sewers through Reimbursement Districts in accordance with TMC Chapter 13.09;and p blrc 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 rinds 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: SECI°IION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised iuceutive program' is hereby established for the Ncighborhood Sewer Extension Program. This incentive program shall apply to sewer conncctions ;rrovidcd through the sewer reimbursement districts shown on the attached Table 1 or established thcreafter. 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 showy, 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.01-414 Page 1 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. SEC'T'ION 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 fimding for the installation costs over$6,000 up to a maximum of$15,000 per connection. EFFECTIVE DATE: July 10,2001 PASSED: This day of -�2001. ayor Ci of and ATTEST: Recorder-City of" ' and _ 1AQW vidc\Res\Rcsolution Revising the Neighboftod Sewer Incentive Program RESOLUTION NO.01-Z(1 Page 2 r TABLE t Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.N0.8 5,193 . No reimbursement evaume FAIRHAVEN STANYNo.9 4.506 No reimbursement avanable MILLVIE ST No.11 a.9oo July 11.2003 106'" 1l&JOHNSON No.12 5.598 No reimbursement evalable I W'&INEZ No.13 8.000 Judy 11.2003 WALNUT&TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No retmtwrsemeN miable DELMONTE No.16 8,000 July 11,2003 O`MARA No.17 8,000 July 11.2003 WALNUT ac 121A Nn 7n - Amount to be roimburvW vrill be Thmo yoare from oorvnoo evelebflity ROSE VISTA No tdetermined once final costs are determined. 'Currently being constro ucted