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Resolution No. 05-05 CITY OF TIGARD, OREGON RESOLUTION NO. 05- A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 32 (SW FERN STREET) WHEREAS,the City has initiated the Neighborhood Sewer Extension.Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.050 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 azn-ual fee adjustment; and WHEREAS, the City Cowicil has deterinu-ed 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 "Sanitazy Sewer Reimbursement District No. 32", 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 Imown as"Sanitary Sewer Reimbursement District No. 32, SW Fem Sheet." SECTION 3 Payment of the rei-nibuusement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Fhiance Director, shall be applied to the Reimbursement Fee. SECTION 5 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 ovaners at their last lniown address, in accordance with TMC 13.09.090. SECTION G This resolution is effective upon passage. PASSED: This d, day of 2005. c Mayor- ity of Tigard AT EST: City Recorder- City of Tigard RESOLUTION NO. 05- Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 32 (SW Fern 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 sewer, the owner would pay a connection fee, currently $2,535, 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 line in Fern Street will be extended east to.service five lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the five lots is. $58,152. Engineering and inspection fees amount to $7,851 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $66,003. This is the estimated 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 $2,535 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 are zoned R-4.5 but vary in lot size from 21,000 to 43,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of this portion of the project be divided among the five 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 are not recommended Engineer's Report,Reimbursement District No.32—Fern Street Page 1 of 4 because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. 13620 SW Fern Street is a flag lot with an 8,003 square foot driveway which does not benefit from the sewer. This driveway area was deducted from the total lot area to determine the estimated cost for this lot. Each property owner's estimated fair share of the public sewer line is $0.35 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. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution 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 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. 9822. Recommendation itis 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 January 11, 2005 Ag tin P. Duenas, P.E. City'-Engineer SAerq@0M-200.5 fy dpWalnut street-phase 3(by 0ounty)WIrnbursement district 32-fern stfeeftily oaund4formatlonll-25.05 relm dist 32 report app 9.6oc Engineer's Report,Reimbursement District No32—Fern Street Page 2 of 4 FERN STREET Reimbursement District No. 32 Estimated Cost to Property Owners January 11,2005 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO PAID BY PAID BY PROPERTY OWNER CITY OWNER 1 HAVILAND,RANDALL S TR&LEUEEN M 13625 SW FERN ST 2S104BD01300 21169.66925 $7,748 $6,000 $1,748 2 ROMAN,CATHOLIC ARCHBISHOP OF PORTLAND 13665 SW FERN ST 2S104BDO1400 22346.68844 $8,179 $6,000 $2,179 3 BENETTI,MARCO A&SALLY A 13650 SW FERN ST 2S104BD02100 48852.1919 $17,879 $8,879 $9,000 4 CLARKE,JOHN A&NANCY J 13620 SW FERN ST 28104BDO2300 43255.11633 $15,831 $6,831 $9,000 5 CLARKE,JOHN A&NANCY J NO ADDRESS{FERN ST;2S704BD02102 44716.0566 $16,366 $7,366 $9,000 Totals 180340 $66,003 $35,076 $30,927 1AENG@009-2005 FY CIRlWalnut Strew[-Phase 3:by Count#Relmbursemanl dMdd 32-Fem Street CITY COUNCILTORMA710%Fam Re1mb DLsI No.32As 1119!2005 Page 3 of 4 FERN STREET Reimbursement District No. 32 Estimated Cost to Property Owners Summary January 11,2005 Estimated Construction Cost $50,567 15%contingency(construction) $7,585 Estimated construction subtotal $58,152 13.5%contingency(Admin&Eng) $7,851 total project costs $66,003 total area to be served(S.F.) 180,340 total cost per S.F.to property owner $0.36599023 1:4EN=004-2005FYC1MWa1nu1$"at-Phase3(by County)ReimhursnmenldLstdat32-Fem Str ACFY COLNCILIFORMATIOWFem Relmh 061No.nAs Ill U2005Z47PM Page of N CO 0 " H142 l E- N Z F-- W W Z ``" O �—' m U z za�zoaeto�sz on�zaaerouz W - J (is N6G1 SE76mv oN r tarivN N W DZWJ m W WQ is rl oamw �111WN w,Jhw ly A rrl3 $SON"Y'G' W (7 � O m Zd- OOh100@MSC � N \ is Med 95,90 x IJP W oao�aoaerouz �{S�NV LL is twi port, W LJJ :2ornFHYJ NVAW V A77Ys r V VOWN a47AW LL W W O Z cy— C� W L af L— W O A H 8£6 W Z too >- ry an zQ a � z —:24K