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Resolution No. 02-81 CITY OF TIGARD, OREGON RESOLUTION NO. 02- '�/ A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 25 (SW CARMEN STREET) WHEREAS, on July 9, 2002, the City Council approved Resolution No. 02-45 to form Sanitary Sewer District No. 25 to construct sewers in SW Carmen Street in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 02-45 included the City Engineer's Report, which contained an estimated C011SLf LICti011 WA and total Project cost; and WHEREAS, construction of the sewer improvements has been completed, final costs have been deLerniiiied, 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 Tigaid City Council that. SECTION 1 The revised City Engineer's Report titled "Sanitary Sewer Reimbursement District No. 25 (Carmen Street)", 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: This r t day of 2002. ayo - C1 igard ATTEST: City Recorder-City of Tigard Ocity.ideVesVen-25(camen)final.doc RESOLUTION NO. 02- Page 1 Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 25 (SW Carmen Street) 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 a project area. At the time the property owner connects to the sewer, the owner pays a connection fee of $2,335 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 County 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 121St Avenue as shown on Exhibit Map B. This line was extended east along SW Carmen Street to serve seventeen lots. Cost The final cost for the sanitary sewer construction is $128,946. Engineering and inspection fees amount to $17,407.71 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $146,353.71. 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 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 seventeen properties included in the reimbursement district. 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 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 final fair share of the public sewer line is $8,609.04. 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 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 November 25, 2002 AG TIN P. DUENAS, P.E. 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IS uawlo0 (n d MS 98611 MS 08641 uj M� oostoo8£otsz i 006ZoO8£otsz i IS uawIo0 tS uaLuao7 Ld ' MS SZOZl MS ozort W 1-- - - - - - - - ` F- 0 Z ui — Z Q o0bto08£OtSz oo0£o08£Otsz i (n O Is uaw.io:) F IS uawa00 w N Z � MS 9902 l MS 08LZ Q (X ui ___�� - - - - - - - - - - CL Q isLZL � U 3 Rd - - w � � � V_ 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 if 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.01-4-p 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. 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 fes.. PASSED: This f a — day of 2001. ayor Ci of and ATTEST: i Recorder-City of and I:tiCi"dc1ResT,m1u6an Revising the Neighborhood Sewer Incentive Program RESOLUTION NO.01-y(/ Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STiWYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 alwo July 11,2003 106T"&JOHNSON No.12 5,598 No reimbursement available 100T"b INEZ No.13 8.000 July 11,2003 WALNUT&TIEDEMAN No.14 8,000 July 112003 OEVELAND&HERMOSA No.15 5,036 No reimbursement avallable DELMONTE No.16 6,000 July 11-W3 O'MARA No.17 8,000 July 11,2003 WALNUT 6 121'No.18 - Amount to bo reimbursed will be Throo years from service ow2labiiity ROSE VISTA No.20 determined once final costs are determined. Currently being constructed