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Resolution No. 03-33 CITY OF TIGARD, OREGON RESOLUTION NO. 03-35 RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 (SW PARK,DERRY DELL STREETS) WHEREAS,the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chaptcr 13.09;and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050;and WHEREAS, the City Engineer has submitted a report describing the improvements,the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District,and a recommendation for an annual fee adjustment;and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 29", 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 the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 29, SW Park and Derry Dell Streets." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parccl within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommcnded by the Finance Director, shall be applied to the Reimbursement Fee. SECTION S 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,in accordance with TMC 13.09.090. SECTION 6 This resolution is effective upon passage. RESOLUTION NO. 03-33 Page I J J PASSED: This day of 2003. Yor Y gard -- ATT City Recon er-City of Tigan RESOLUTION NO. 03-33 Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 29 (SW Park and Derry Dell Streets) 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 a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,435 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 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 in SW Watkins Avenue would be extended south and a sewer in SW 107th Avenue would be extended east along Park Street and Cook Lane to serve forty-six lots as shown on Exhibit Map B. The proposed project would provide sewer service to forty-six lots along the entire unserved portions of SW Park Street, Derry Dell Court, Cook Lane and Watkins Avenue. Cost The estimated cost for the sanitary sewer construction is $510,189.23. This includes the $485,894.50 bid by the contractor plus a 5% contingency of $24,294.73. Engineering and inspection fees amount to $68,875.55 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $579,064.77. This is the amount 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 an additional $2,435 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 10,000 square feet to over 22,000 as can be seen on the attached list of owners. Therefore, it is recommended that the total cost of the project be divided among the forty-six properties proportional to the square footage of each property. Resolution 01-46 limits this fee to $6,000 to the extent that it 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 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 $0.76 per square foot of the 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 01.46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted August 12, 2003 Agustin P. Duenas, P.E. City Engineer is\eng\2003-2004 fy cip\distnct 29(park,derry del l)\report establish.doc PARK STREET & DERRY COURT SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #29 Iff fA,T?OOD W 444 5, ?SfD?BCD3/S Q3"$ 23 J z3�w �Zg L 0PER SAD mv� ` v� o �i a 4u WAWNSAVE � e' ym Q mhoe arom,oe a�We 30 2SIOMA00100 N vi o MENDEZ J/DI7H A' 13090 SW WA7KINS AVE DERRY DELL CT 2S1O30AOO2OO AMMES A LFR£D ✓ WA7MON GARY D 13115 SW 13120 SW BROWN HUBERT A e o h o °W^ o 9 0 Cl c �o� WA WINS AVE WA IK/NS AVE 7£SMMAN, OWEN H 10620 SW o o D o S o 10865 SW DERRY DELL DERRY DELL CT u N K>.N D N m o Q _ 251030A0f000 2S1030A00300 2SIOMA0200 2S103DAO24O0 m�4 �W e 2�e m w cc 0e �o� `� 00"05 °+K wi o =3o Gr3p 230 2 o e3�- c3`� W 3 h NHARMaV KA77E ARR£7T HARL£Y V1t WAN a qIJ145 SW MCCU 0680 ALBERT ° N N N = a WA7K S AVE 13150 SW K0OL, SCOTT D d 'CEUA 10$80 SW m^ y n o 2S1O30A00900 I� WAWNS AVE 10885 SW DERRY DELL DERRY DELL 2SIOMA02100 2SIOJDA02300 o 1 23103DA00400 W j ly W J BRAD ROBERT W MIGUES RONALD P o mYo eNo >. 13180 SW 0.; m k o Q 0 2Sl03DA00800 SIOMA00500 sae �3Q Wee �e h� �U ° HATCH JAME MWS S MEM? F Y SW WAWNS AVE WAWNS'AVE 2S103DA00700 2S103DA00600 SS SS PARK ST NOTE: See Exhibit B (p g 2) All properties in the reimbursement EXHIBIT B (pg 1 district are zoned R4.5 NTS PARK STREET & DERRY COURT SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #29 See Exhibit B (pg 1) PARK ST h Qq e Q N �p 22 Q eyQ�Ina 4N COOK LN ��* J4 P� J J L 9 e 1p �5 gek yA �y0 NOTE: All properties in the reimbursement EXHIBIT B (pT� district are zoned R4.5 NTS