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Resolution No. 08-05 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- 05 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (SW FAIRHAVEN STREET) WHEREAS, the City has initiated die Neighborhood Sewer Extension Program fb extend public sewers and recover costs through Reimbursement Districts in accordance widi TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 38 (SW Fairhaven Street) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TIvIC 13.09.050 ;and WI-M,RE AS, tie City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, d1e estimated costs, a method for spreading the cost among the parcels INvidhin tie District, and a recommendation for an annual fee adjustment;and WHEREAS, the City Council has determined that tie formation of a Reimbursement District as recornmended by die City Engineer is appropriate. NOW,THEREFORE,BE IT RESOLVED by d-ie Tigard City Council that: SECTION 1: The City Engineer's report tided "Sanitary Sewer Reimbursement District No. 38," 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 die area shown and described in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 38." SECTION 3: Payment of die reimbursement fee, as shown in Exhibit A,is a precondition of receiving City permits applicable to development of each parcel livid-in 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 dhis resolution to be filed in tie office of the County Recorder and shall mail a copy of dais resolution to all affected property owners at dleir last luiown address,in accordance tvidi TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 08 - 05 Page 1 Nz PASSED: This - day of ll �' 2008. r M+qrCity of Tigard Ull ATTEST: City Recorder-City of Tigard L%en012007-2008 fy cipValihaven ss mhbusemenl diseltlVntmellnM -00 mim dist 88 ms.dec RESOLUTION NO. 08 - Page 2 I Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 38 (SW Fairhaven Street) 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 the project area. At the time the property owner connects to the server, the owner would pay a connection fee, currently $2,835, 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 systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 22 lots in the following table will require tine connection to an existing sewer along a creek west of SW 11011'Avenue. Lines frorn the existing sewer will be extended east to serve three lots along SW 11011'Avenue and west to SW 1151'Avenue to serve 19 lots. Although the proposed sewer passes along the frontage of 13575 and 13615 SW 1151, Avenue, these two lots are not included in the proposed Reivnburseinent District. The house at 13575 SW 1151, Avenue is currently connected to a sewer at the back lot line and a permit has been issued for the connection of 13615 SW 1151,Avenue to the line as well. The proposed project would provide sewer service to a total of 22 lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The portion of servers nearest to the connection to the existing sewer passes through areas to the east and west where services are not provided. The estimated cost of $120,027 for this portion of the sewer is not proposed to be allocated to the Reimbursement District. The estimated construction cost for the remaining portion of the sanitary sewer to provide service to die 22 lots is $300,739. Engineering and inspection fees amount to $46,690 (13.5%) as defused in TMC 13.09.040(1). The estimated total project cost is $392,540. This is dne estimated amorist that should 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 a connection and inspection fee, currently $2,835, upon connection to the public lure. Exhibit A Page 1 of 4 I All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate Eighteen of the properties within the district are zoned R-3.5 while four of die properties, west of SW 11411' Avenue, are zoned R-4.5. The lots are similarly developed but vary in size from about 15,000 to 17,000 square feet as can be seen in the following list of lots. Therefore, it is recorrunended that the total cost of die project be divided among the properties proportional to the square footage of each property. Other reunbursement methods include dividing the cost equally among die owners 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 $1.13653134 per square foot of lot served. 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 No. 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. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). 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 tie anniversary date of die reimbursement agreement. The Finance Director has set tie annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a ren' nburse;nent district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after die formation of the reimbursement district, properties connecting to die sewer would no longer be required to pay the reimbursement fee. Submitted January 29, 2008 tin P. Duenas, P.E. 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N LU Q. a) O O C C � } Q rrrrrrr rr r r r r � L � C O `0O 7 N a V o a; T O .� 7 E 'a m Z L a] E E Q) O Z C C C W y ❑ lnhNOIt m v4� omoM rh ommm m -- � a) C -C L >, C 0 C W r r N N 0 N o r O O O r 0 O O O OL m a• L 0 N m O y p F-' O O O O O O O O O O O co mO O O co OO 0 0 0 0 a) U C p N C U) E U '� U Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 Cl 0 w 0 C • y C ' O m p J U U U U U U U U U U U U C] U U U U U U U U U O 'O a) �._�.�// ❑ OOOOQL]aClOUt]U000dUUo00 H -O a) .D _, m Cw O I9 In W 0 0 0 0 0 0 0 0 0 0 O O O MO d 0 0 0 0 6 0 0 0 0 — m ,� ? n' a) L9 o .G m e 3 0 3 0 0 o N co 0cni FAIRHAVEN STREET DISTRICT NO. 38 Estimated Cost to Property Owners Summary January 28, 2008 Portion of total estimated construction cost allocated to the reimbursement district $300,739 15% contingency(construction) __ . __ _ $45,111_ Estimated construction subtotal $345,850 13.5%contingency(Admin & Eng) $46,690 Total project costs $392,540 Total area to be served (S.F.) 345,384 Total estimated cost per S.F. to property owner $1.13653134 PAGE 4 OF 4 (Zd) 8 il]HX3 33S ti��b��oJOr ��= ��oo^lb g Q) V �bof �"> >N oZ `� y °o jo ° Jo 'hsSz j� 00 - s9z<< N3AVVH�l` IJ 0�o o OySZ �d�doo\ p 'h 7 \ b s s°� �y�� 'Lbyc�JD 0 co 0 0 +���s ztl Z '1 bye00 '0(21 0��,, I y 005 z W Z a��j ass, W 12 w O ' / - - - s�P`! 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