Resolution No. 03-55 CITY OF TIGARD, OREGON
RESOLUTION NO. 03-_L5
A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD
SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM(RESOLUTION NO. 01—46).
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 July 10, 2001,the City Council established the Revised and Enhanced Neighborhood
Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to
connect to public sewer within three-years following construction of sewers; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners of large lots to promptly connect to sewers once service is available.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose
reimbursement fee exceeds $15,000 and wishes to connect a single family home or
duplex to a sewer constructed through a reimbursement district may defer payment of
the portion of the reimbursement fee that exceeds$15,000, as required by Section 3 of
Resolution No. 01-46,until the lot is partitioned or otherwise developed in accordance
with a land use permit. The land use permit shall not be issued until payment of the
deferred amount is made. The Annual Fee Adjustment required by TMC Section
13.09.115 shall not apply to payment of this deferred amount.
SECTION 2: Lots that qualify under Section 1,within reimbursement districts that have exceeded the
three-year period for connection,and have not connected to sewer can connect the
existing structure,pay a reimbursement fee of$6,000, and defer payment of the portion
of the reimbursement fee that exceeds$15,000 if connection to the sewer is completed
within one year after the effective date of this resolution.
SECTION 3: Vacant lots improved with a single family home or duplex during the term of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46,pay
$6,000 if the fee exceeds that amount, and may defer payment of the portion of the
reimbursement fee that exceeds $15,000 as provided by Section 1.
SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the
reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay
a reimbursement fee of$6,000, and shall pay any amount due over$15,000 at the time
of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall
not apply to payments made under this section.
SECTION 5: The owner of any lot for which deferred payment is requested must enter into an
agreement with the City,on a form prepared by the City Engineer, acknowledging the
RESOLUTION NO. 03-�5
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owner's and owner's successors obligation to pay the deferred amount as described in
Section 1. The City Recorder shall cause the agreement to be filed in the office of the
County Recorder to provide notice to potential purchasers of the lot. The recording will
not create a lien. Failure to make such a recording shall not affect the obligation to pay
the deferred amount.
SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the
portion of the reimbursement fee in excess of$15,000 is entitled to reimbursement for
that amount from the City upon request. 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. Any person requesting a refund must sign an
agreement similar to that described in Section 5 acknowledging the obligation to pay the
refunded amount upon partitioning or developing the lot.
SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood
Sewer Reimbursement District Program and shall provide the funding for the installation
costs over $6,000 up to a maximum of $15,000 per connection and for any deferred
payment permitted by this resolution.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: This day of t+p� 2003.
C"r
ATTEST: Craig E. Dirksen, Council President
City Recorder- City of Tigard
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