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Resolution No. 05-51 CITY OF TIGARD, OREGON RESOLUTION NO. 05- 51 A RESOLUTION ESTABLISHING SANITARY SEWER REIIvIBUR.SEMENT DISTRICT NO. 35 (SW ASH AVENUE) 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, the property owners of proposed Sanitary Sewer Reimbursement District No. 35 (SW Ash Street)have been notified of a public hearing accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; 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. 35", 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 Reimburseiment District No. 35, SW Ash Avenue." SECTION 3 Payment of the reimbursement 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 hi 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 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 immediately upon passage. -j 2005. PASSED: This day o �- 4Mayor of Tigard AfTEST: n �- City Recorder City of Tig ' E RESOLUTION N0. 05 - j Page 1 i Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 35 (SW Ash Avenue) 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 $2,635, and reimburse the City for a fair share of the cost of the or pay any fee public sewer. There is no requirement to connect owners he Barer responsible for until connection is made. In addition, property disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Pro'ect Area - Zone of Benefit Serving the nine lots in the following table nd require urther ension of an existing ctension of the line sewer in SW Ash Avenue 510 feet south a could have also provided service to 13700 SW Ash Street. However, this lot could be directly served by another existing sewer in Ash Street so it is not proposed to be included in the district. City staff has discussed service options with the owner. The proposed project would provide sewer service to a total of nine lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the nine lots is $97,106. Engineering and inspection fees amount to $13,109 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $110,215. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect mount that each property owner er and pay their fair pays hare �s the total amount. However, the actual 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 $2,635, upon connection to the public line. All owners will be responsible for all plumbing costs required for work done on private property. I Exhibit A Page 1 of 4 Reimbursement Rate All properties are zoned. R-4but vary an lotin size sseen in the following housand l list of ots� twenty-seven thousand square 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 correlation bof each e ween these methods and the erty. These methods are not recommended because there l 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 $0.5590 per square foot f lot served. Eadoes notach owner's exceed $15,OOOtl for be limited to $6,000 to the extent that 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 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 tthe reimbursement r operties connecting to the sewerwUl �o longer be requed to pay the reimbursement fee. Submitted July 26, 2005 Agu ti P. Duenas, P.E. City gineer iaenaVore9Veirnbumemenl distrids%35 ash svNormallonWim dEst 35 report app a.doc Exbibit A Page 2 of 4 ASH AVENUE Reimbursement District No. 35 Estimated Cost to Property Owners July 14,2005 ESTIMATED COST TO PAID BY PAID BY CITY OWNER SITE ADDRESS TAX LO7 IQ AREA[S.F.) PROPERTY OWNER OWNER ADAMS VERNE E 13565 SW ASH AVE 2S102CD01400 11699.288 $6,540 $6,000 $540 SOONE JDE 13605 SW ASH AVE 2S102CD01800 10352.072 $5,787 $5,787 $0 COX FAMILY TRUST 13580 SW ASH AVE 2S102CDO2704 26706.496 $14,929 $6,000 $8,929 DIGMAN DONALD C 13600 SW ASH AVE 2S102CDO2710 25721.062 $14,378 $6,000 $8,378 OLSON NORRIS A 13660 SW ASH AVE 2S102CD02713 24475.364 $13,682 $6,000 $7,682 OSTROSKA WILLIAM L 13680 SW ASH AVE 25102CD02716 25319.664 $14,154 $6,000 $8,154 REDLINGER ELIZABETH 13530 SW ASH AVE 2S102CDO2707 25103.723 $14,033 $6,000 $8,033 THOMAS ROY F 13560 SW ASH AVE 2S102CD02708 27180.652 $15,194 $6,194 $9,000 YARGER SEAN&APRIL 13585 SW ASH AVE 23102CDO1600 20604.994 $11,518 $6,000 $5,518 Totals 197163 $110,215 $53,981 $56,234 (Cost to Owners+Cost to City) $110,215 page 3 of 4 ASH AVENUE Reimbursement District No. 35 Estimated Cost to Property Owners Summary July 14,2005 Estimated Construction Cost $84,440 15%contingency(construction) $12,666 Estimated construction subtotal $97,106 13.5%contingency(Admin&Eng) $13,109 total project costs $110,215 total area to be served(S.F.) 197,163 total cost per S.F.to property owner $0.55900513 The "estimated cost to property owner" column shows the estimated reimbursement fee each owner is required to pay to connect to the sewer. There are no requirements to connect to the sewer or pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and final costs are determined. The amount each property owner will be required to pay will be limited to $6,000 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. This amount is shown in the "paid by owner" column. The remaining portion of the reimbursement fee that the owner will not be required to pay during this three year period is shown in the "paid by city" column. Please note that this resolution also requires the owner to pay any fair share amounts 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 the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of$15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee; $2,635 following .lune 30, 2005, at the time of connection to the sewer. 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. These costs will be explained during the Neighborhood Meeting and there will be an opportunity to ask questions. Page 4of4 a O Q N o 9L 0 O S0 a. N O N �5�I-IsN V) Z LLJ F— U O ti�gd Hse��zDLs �`� •( LJ WLLJ WWpLL- OL �. C[ (W 1Z p7y�`sb',,y�S°Ls� m Z d- �0 00. _ /Vy`y�/ FL pQSIO x Q Q �- no z �sd°s°Lsz '-'-' �- ry uo �� spa°zOLsz ' ��Oo� 9FL a w y Vis-,! a o W }_— 00 i_ 9Ioae° slsdo �z000 Q � z ami U) `Yp Sf O Z O °Ont •CP LO ry Lr� O �6'py£'L Of W � '4- S 4 Q � a� ._ O V1 N (D v 0- .. O U F- 0 O Z Q 'v