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Resolution No. 12-08 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 12-06 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42 (SW 100TH AVENUE) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 11-05. WHEREAS, on January 25, 2011, the City Council adopted Resolution No. 11-05 to form Sanitary Sewer Reimbursement District No. 42 to construct sewers in SW 100'' Avenue in accordance with Tigard Municipal Code (TMC) Chapter 13.09;and WHEREAS, Resolution No. 11-05 included the City Engineer's Report which contained an estimated construction and total project cost,and WHEREAS, construction of the sewer improvements has been 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, the property owners within the district 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 Council that: SECTION 1: The Final City Engineer's Report titled "Sanitary Sewer Reimbursement District No. 42," attached hereto as Exhibit A,is hereby approved. SECTION 2: The City Engineer's Report as presented in Resolution No. 11-05 is hereby amended by the attached Final City Engineer's Report(Exhibit A). SECTION 3: In accordance with TMC Chapter 13.09,Sanitary Sewer Reimbursement District No. 42 is hereby finalized. The district includes the area(s) depicted in Exhibit B. SECTION 4: 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. SECTION 5: This resolution is effective immediately upon passage. PASSED: This _day of r'Z-1aat 2012. RESOLUTION NO. 12-Q Page 1 Z ZIA Mayor-City of Tigard ATTEST: Cityecorder-City of Tigard RESOLUTION NO. 12-0 Page 2 Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 42 (SW 100TH Avenue) Background This project was constructed and funded under the Citywide Sanitary Sewer Extension Program. Under the program, the City of Tigard installs public sewers to each lot within an established reimbursement district. At the time of connecting to the public sewer, the property owner: - Pays a connection and inspection fee, currently$4,535. - Reimburses the city for the owner's share of the sewer installation. Is responsible for any plumbing modifications to connect to the public sewer. Is responsible for disconnecting the owner's existing septic system in accordance with Washington County regulations. There is no requirement to connect to the sewer or pay any fee until connection is made. Project Area -Zone of Benefit This sanitary sewer project makes sewer service available to the 23 lots listed in the attached table and depicted in reimbursement district maps, (Exhibit B to the resolution). Installing the service required extending an existing sewer in SW 10011' Avenue through an easement connecting to SW View Terrace. No further extension of this line will be required. The surrounding area is completely served with sewer. Cost The final cost to provide sanitary sewers to the 23 lots is $320,751. Construction $264,199 Purchasing Easements $20,885 Engineering and Inspection* $35,667 Total $320,751 *This equals13.5 percent of the construction cost as defined in TMC 13.09.040(1) This is the amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their share of the project cost. However, the actual amount that each property owner pays may be affected by the owner's participation in the city's early connection incentive program. 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$4,535,upon connection to the public line. This fee is expected to increase on July 1,2012. Owners will be responsible for all plumbing costs required for work done on private property. Exhibit A Pagel of 4 Reimbursement Rate All but three of the northernmost properties in the proposed district are zoned R3.5. The remaining three properties are zoned R12 but are expected to receive similar benefits. Consequently, applying the same method of assigning costs to all lots within the district is proposed. Lot size varies from about 14,300 to 57,000 square feet as shown on the attached list. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods arc 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 $0.5493 per square foot of lot served. In accordance with Resolution No. 01-46, owners who complete their connection within three years of City Council approval of the Final City Engineer's Report are eligible for incentives. Under these incentives, each owner's share would be limited to $6,000, to the extent that this share does not exceed $15,000. In addition to paying for the first$6,000, owners are 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. 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 percent 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 Tigard Municipal Code (I'MC) 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 February 14, 2012 Micha tone,P.E. City Engineer I:IENGAI-Active PrgecW11001h Ave San Sew Relmbursement Dist 42 IFAS 93002 Key 890.12-500Tineliz91ion%Ex A pert t to Resolution tim Exhibit A Page 2 of 4 100TH AVENUE Reimbursement District No.42 Final Cost to Property Owners Fcbruaty7,20f2 OWNER SITE ADDRESS FAX LOT ID AREA(S.F.) AREA(AC) REFMBFINAL URSEMENT FINAL AMOUNT TO AMOUNT TO BE PJUD AMOUNTTHAT CAN BE FEE BE PAID BY OWNER SY CRY DEFERRED BY 1 PETERSEN,DAVID 14085 SW 100TH OWNER 251116800300 13,400 0.308 $7,360 $6,000 $1,960 S0 2 RIVER PRESERVATION LLC 14135 SW 100TH 25111 BB00400 32.551 0,747 $17,880 $8,880 $9,000 $2,880 3 RANDALL,MARIA L 14130 SW 100TH AVE 25711 BA00805 31.690 0.728 $17,407 $8,407 $9 000 $2,407 4 RUEDY.ROBERTE 14185 SW 100TH AVE 251116800500 49,318 1.137 $27,200 318,200 $9,000 $12,200 5 DOERING,JOSHUA N&ANGIE L 14170 SW 100TH AVE 2S111BA0D802 31.828 0.731 $17,483 $8,483 $9,000 $2,483 6 FAST CASH HOUSE BUYERS LLC 14220 SW 100TH AVE 2S1118A00801 24,684 0.666 $13,548 $6,000 $7,548 E0 7 SMITH,SHELLEY A&ENGWEILER,GLENN 14270 SW 100TH AVE 25111 BA00807 24,788 0.569 $13,616 $6,000 37,818 $0 8 COLLING,JOYCE C EMPTY LOT 2S1118B00600 56,798 1.304 $31,199 $22,199 $9,000 $16,199 9 KASTEL,CHARLES G&MARY J TRS 14259 SW 100TH AVE 25111 BB01100 41,347 0.949 $22,712 $13,712 $9,000 $7,712 10 BIRNEY,JEFFREY D&NORIKO 14265 SW 100TH AVE 257118800800 15,283 0.351 $6,395 $6,000 $2,395 $0 11 KARR.EVELYN E REV LIV TRUST 14280 SW 100TH AVE 25111BAOD000 35,158 0.807 $19,312 $10,312 $91000 $4,312 12 PoLNKA,JON&cAmp&L-PouvKA,HOLLY M 14305 SW 100TH 25711 BB00700 15,207 0.349 $8,353 $6,000 $2,353 $O 13 JONES,VERNON G&COLLEEN D 14320 SW 100TH AVE 2S111BA02300 14,334 0.329 $7,874 $8,000 $1,874 ;0 14 LEE,SAMUEL&KYUNG 14345 SW 100TH 2S111BC00100 56,129 1.266 $301282 $21,282 $9,000 515,282 15 UM,EUNKYU C&KWANG Y 10150 SW VIEW TER 2S1 IBC01300 15,127 0.347 $8,309 $6,000 $Z309 $0 16 BOGERT,MARK H&MARY E 14445 SW 100TH 2S111BC00200 20,457 0.470 $11.237 $8,000 $5,237 $0 17 HOWSE,DIANNA L&ONRELAS,STEVE F 14415 SW 100TH 2S111BC0D300 16,046 0.368 $8,814 KDOD $2,814 S0 18 PHILLIPS,AMY&LINN,JEREMY J 10220 SW VIEW TER 251118001100 15,034 0.345 $8,258 $6,000 $2,258 S0 19 SEARS,ALLEN C 10190 SW VIEW TER 25111 BC01200 15,029 0.345 $8,256 $6,000 $2,255 $0 20 BAUMAN,WAYNE&MARY 10270 SW VIEW TER 2S111BC01000 15,246 0.350 $8,374 $6,000 $2,374 $0 21 BUEHLER.GREGORY&SARA L. 10145 SW VIEW TER 25117 BC01400 15,246 0.350 $8,374 $6,000 $2,374 S0 222 MUDROW,MICHAEL&DIANE C. 10185 SW VIEW TER 2S1118CO1500 14,810 0.340 $8,135 $6.000 $2,135 $0 23 PROUTY,JAASON&AMY E 10225 SW VIEW TER 2S111BC01600 15,246 0.350 $8,374 $6,000 $2,374 so Total$ 583,936 13.41 $320,751 $201,474 $118,277 The"FINAL REIMBURSEMENT FEE"column shows the final reimbursement fee for each lot. There are no requirements to conned to the sewer or pay any fees until the owner decides to connect to the sewer. In accordance with Resolution No.01-46,each property owner will be required to pay the first$6,000 of the final reimbursement fee for connections completed within the firs(three years of City Council's approval of the final City Engineer's Report following construction. The "AMOUNT TO BE PAID BY CITY"column shows that portion of the reimbursement fee that the owners will not be required to pay if they connect to the sewer during this three year period. This resolution also requires owners to pay any fair share amount that exceed$15,000. Consequently,If the final fair share for an owner exceeds$15,000,the owner would be required to pay$6,000 plus that amount of the fair share that exceeds$15,000. Under Resolution No. 03-55,payment of the amount in excess of$15,000 may be deferred until the owner's lot is developed.This amount Is shown in the"AMOUNT THAT CAN BE DEFERRED BY OWNER"column. In addition to the reimbursement fee,the owners will also be required to pay a connection fee,currently$4535 at the time of connection to the sewer. The connection fee is expected to increased on July 1,2012. 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. Ref:Resolutions 01-46 and 03-55 PAGE 3 OF 4 '100TH AVENUE Reimbursement District No. 42 Ffnaf Cost to Property Owners Februag 7,2092 Final Construction Cost 2264.199 16%contingency(construction) Final construction subtotal 5264 199 13.5%conlingency(Admm&Eng) 235.867 Easoment cost 520.885 Total project costs $320,751 Total area Io be served(S F.) 583.936 Total cost per S.F to property owner 50.54929109 PAGE 4 OF 4 100TH AVE DIST NO. 42 FY 2009- 10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R 1 W W.M. SMITH, SHELLEY A KARR, EVELYN E JONES, VERNON G 142& ENG , GLENN 14280 SW 1007H AVE 14320 SW 100TH AVE 2 SSWW 11000TH AVE � S111BA00807 2S11�BA�0900 2S111BA02300 R3.5 R3.5 RANDALL, MARIA L 14130 SW 100TH AVE 100TH AVE 2S111BBA0805 R3.5 POLIVKA JON J DOERING, JOSHUA N FAST CASH HOUSE CAMPBELL—POLIVKA & ANGIE L BUYERS LLC HOLLY M 14170 SW 100TH AVE 14220 SW 100TH AVE 14305 SW 100TH AVE 2SI11BA00802 2SI11BA00801 2S111BB00700 R3.5 R3.5 R3.5 LEE, SAMUEL & KYUNG 14345 SW 100TH AVE 2SI11BC00100 100TH AVE R3.5 B/RNEY, JEFFREY & NOR/KO 14265 SW 100TH AVE a 2SI11BB00800 RIVER PRESERVATION R3.5 m LLC 14135 SW 100TH AVE x 2SI11BB00400 RUEDY, ROBERT E COLLING, JOYCE C W R12 14185 SW 100TH AVE NO ADDRESS = 2S111BB00500 2S111BBO0600 KASTEL, CHARLES PE7'ERSEN, DAVID R12 R3.5 & MARY J TRS Q 14085 SW 1007H AVE 14259 SW 100TH AVE 2S111BB00300 2S111BB01100 R12 R3.5 NOT£: MATCH EXHIBIT P2 All properties in the district are EXHIBIT B P zoned R3.5 or R12 NTS 100TH AVE DIST NO. 42 FY 2009- 10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M. w v D a m v N MUDROW, MICHAEL d & DIANE C 10185 SW VIEW TERR PROUTY, JASON 2SI118C01500 & AMY E R3.5 10225 SW VIEW TERR / 2S111BC01600 BUEHLER, GREGORY R3.5 & SARA L MATCH EXHIBIT P1 10145 SW VIEW TERR 2S111BC01400 R3.5 VIEW TERRACE BAUMAN, WAYNE UM, EUNKYU & MARY & KWANG Y 90GERT, MARK HOWSE, DIAIVNA L 10270 SW VIEW TERR7J�EREAMY 10150 SW 11. TERR & MARY E & ORNELAS, STEVE F r 2S111BC01000 2S111BC01300 W R3.5 R3.5 ¢445 SW 100TH AVE 14415 SW 100TH AVE S, ALLEN C/O 2S111BC00200 2S111BC00300 v PHILIAMS, GRANT R3.5 R3.5 D & LI & LANA10220 SW VIEWTERR M 2S111BC01100 2SIlIBC01200 R3.5 R3.5 NOTE: All properties in the district are EXHIBIT B (P 2 zoned R3.5 or R12 NTS