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Resolution No. 07-51 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07- J r A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 40 (SW ANN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 07-12. WHEREAS, on March 13, 2007, the City Council approved Resolution No. 07-12 to form Sanitary Server District No. 40 to construct a sewer in SW Aqui Street in accordance with TMC Chapter 13.09; and WHEREAS, Resolution No. 07-12 included the City Engineer's Report that included 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 healing was conducted in accordance with TMC 13.09.105; and WF-IER AS, 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. 40", attached hereto as Exhibit A,is hereby approved. SECTION 2: The City Engineer's Report as presented in Resolution No. 07-12 is hereby amended by the attached Final City Engineer's Report (Exhibit A). SECTION 3: The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall snail a copy of diis resolution to all affected property owners at their last lmown address. SECTION 4: This resolution is effective immediately upon passage. RESOLUTION NO. 07 -J Page 1 /f4- PASSED: This�L[ day of 2007. dr Mayor ity of Tigard ATTEST: City-Recorder- City of Tigard RESOLUTION NO. 07 - Page 2 Exhibit A Final City Engineer's Report Sanitary Sewer Reimbursement District No. 40 (SW Ann Street) Background This project was constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program, the City of Tigard installed public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner must pay a connection fee, currently $2,835, and reimburse the City for a fair share of die 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 die nine lots in die following table required the extension of an existing server in SW 1161}1 Avenue south to SW Ann Street. All of die lots along SW Ann Street from SW 11611' Avenue to SW 121St Avenue are now served. The project provided sewer service to a total of nine lots within die proposed reimbursement district as shown on Exhibit Map B. Cost The final cost for tie sanitary sewer construction to provide service to die nine lots is $141,394.11. Engineering and inspection fees amount to $19,088.20 (13.5%) as defined in TMC 13.09.040(1). The final total project cost is $160,482.31. Subject to the Incentive Program, this is die usual expected amount that would be reimbursed to the sanitary sewer fund as properties connect to the server and pay their fair share of die total amount. However, the owners expressed concern about the reimbursement fee being higher than the fee for other districts. The higher fee is the result of die sewer only serving the south side of Ann Street since the lots on the north side are currently served by a sewer along their back lot line. This leaves the lots on the south side with tie entire cost of the sewer instead of shafting the cost with the lots on the other side of the street. The owners believe that there is an easement along their back lot line intended for a sewer that could serve dleir lots as well as the lots iminediately south and fronting onto Walnut Street. Although a server at this location does not meet City design standards, the owners expected that they would share the cost of constructing this sewer with the lots on the soud-i side of the easement. However, hese lots on the south side of the easement were provided with. sewer service from sewers installed in Walnut Street in 2001 through Sewer Reimbursement District No. 18. The owners believe that the installation of sewers in Walnut Street eliminated an opportunity for cost sharing of the construction of a sewer and requested relief by reducing the reimbursement fee by one-half. City Council Exhibit A Page I of 5 considered and,approved this request following an informational hearing at its March 13, 2007 meeting. The following tables show the final cost to each owner. The cost to each owner is based on spreading one half of the total project cost among the owners instead of the full cost. In addition to sharing die 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 line. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in die proposed district are zoned R-4.5 but vary in lot size from about twelve thousand to sixteen thousand square feet as can be seen in die following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to die 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 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 $0.58129103 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 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. RecoiTnnendation It is recommended that a reimbursement district be finalized 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 the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Exhibit A Page 2 of 5 Submitted July 9, 2007 tin P. Duenas, P.E. City Engineer 1:Wnp12lID6-2047 fy c1pUnn st m1mbumemenl dislVinallmlionV-24-07 dist 40 mport ex a.tloc Exhibit A Page 3 of 5 F aa)) o `D } Nm LO I- O m m M r O U) � +�. U N m ❑ Q' m r- N r- N r- 6 O N C O ❑ w Q O O M N O N N m O V o in 4= (p rn U d Q r >w-' W IMA[MA cMs)fMA I 699 lMA`� N [n o U �- U N O . CL O U a) m a) E ui m z S CC C o m O C O - O L ❑h CU U d a O O O W a) V zC a7 m a) cC6 O U- 3 O N C O [o OU O � 7 N OO OO O OO OOm CD C Q E o a) ❑- `«- � a w ❑ Q O O o 0 00 c o 0 o d E C O O O wZFw m [omm[o Dmmm ,a E ~ a E � m U } LaIAIAwmu�cnlnw W o- E N O p w W O ) O r ` z o E ' C ❑ `J U N `= (II 7 rn a) d O LU C: U L- ❑. w U O Cl Clc N N ❑ Z C C � i� W w M Lo n O m m r M O — C U ID f r` r` N r` m m v O 0 3 -a ?,.- w O O M N O N N r- G p b = (U CU c U) wj IA(A V3 I.9 FA u) IA(A 1A co V U C) } c) O H w _ 'L" O C) zi V wC-. 6.,CD Q N Cl U O O w a) p mco � o �r aoi cm a) Co c o w = a� m -`n o o g o 4 o m Q [W w .0 d, � U Z c Z L al m .-r- - m [a N U d O).--� C V W N O M I- I- N (D C] m E C C O C E C J M LO m V M LO v Cl Ln O N O W a) a) O N F �L D J w c7 : r`'I O elm W N b ^ � y mmmmmaoromni p 'p >, E C [6 ?N, �W y p IA IF7 rA IA eA c9 cA Vi Vi U} Q) .a N U 2 O T N LL ro N �I a, E 7 O E [a .0 CL Q MI- vmU') m m m a) 7 c u E c 'Z Nmr ED MM 0N � m a) O O in a U) m mommmmmm .0 c c N "- �'X L [� m [- r- O N m N m ,❑ a) lU [� O a) (D a) C O m M M M [- N f- O C c O C p) •L L Q r- QI U7 61 UJ L9 N ti o �p C O m LO M ? m i N O Q'L O w „�, wr- CD � mIn01 a) CL O Q rr r° rr � � O w N IB 7 cn (6 •G� q r m N O a El) m O = C U `n C wwwwwwwww o �W aU, C Z Z Z Z Z Z Z Z Z r)n 2 C 0 [II C k 0. Z Z Z Z Z Z Z Z Z O C U U O C N ❑ QQQQQQ Q QQ C U O [p LLI O 47 C O 'er w VJ UJ W fn fn C!] Cn [n O L u — U L Q) r 0 0 0 0 0 0 O O O U LL U) 0 E Q1 U c aj o :c 3 [n `ONTmm ^ rCou� W ~ - O L0 O a) N N W z U m U 73 va) 'n U LL wro z a� .o w c m C Zi n w w U) c o W a E n o z 3 .: o >- Enn w T Em Q � QZ � [`6 C LU 0 0 L) CL<of !—lJ Q `ni aa) p '� � a) U 0Of >- ¢ ¢ � -� U a) U W rn o c o 0 WZQR' } � X C C UJ Lo 0 Of LL. U Q z a) o p m Z< wOOZOD � t0�,6om- tom- O = � ° Ca w 5 � c Q 7 WTr0 = Uui u7a� wUU [n r ¢x JN QSd IL 0- WM .- NMvmm ti mcg ANN STREET Reimbursement District No. 40 Final Cost to Property Owner Based on Final Project Cost July 92,2007 Final Construction Cost $141,394.11 13.5% contingency(Admin& Eng) $19,088.20 total project costs $160,482.31 total area to be served (S.F.) 138,040 total cost per S.F.to property owner $1.16258205 total recommended cost per S.F.to property owner $0.58129103 Page 5 of 5 � 1 I .3/1 d H1911 P y1o�y�P <ry t� �y ry ry J/1 V H1911 (%J Z N W z `oo�os p O x 0 p�sa rs W C p�pp J'ti�J+ W 0 Of LiJ Ul W (n m rJ LLJ U Cn ppQ as `i m 7 Q _ Z Q ry Q � ao��dya w ors � (n i— dati N .otic � CD I sr tid s... s�rJ 0 _0 -.4:,2` 'Q) N ry 0 � Y�JEkf d�y -C -�- Q p`pp Sip v y O (n N O Q O +- L U_ -t- Q Za -0 1