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Resolution No. 08-67 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 0.8- -7 A RESOLUTION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (SW FAIRI-IAVEIN STET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO.08-05, WHE REAS, on February 12, 2008; the City Council. approved Resolution, No. 08-05 to form Sanitary Seaver District No. 38 to construct a sewer in SW Fairhaven Street in accordance with TMC Chapter 13.09;and WHEREAS,Resolution No. 08-05 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 deternnined, and the City Engineer's Report has been revised to include the £anal costs as required. by TMC 13.09.105 (1); and WHEREAS, the property owners widiin the district have been notified of an infortnnational hearing in accordance with TMC 13.09.060 and an infon riat om hung was conducted in accordance with TMC 13.09.105;and WHEREAS, the City Council has deternnined that the proposed revisions to tine City Engineer's Report, as reconrun ended by the City Engineer;are appropriate: NOW,THE,RE FORE,BE IT RE SOLVE- by the Tigard City Council that: SECTION 1: The Final City Engineer's Report titled "Sanitary Sewer Reimbursement District I°tillo. 38", attached hereto as Exhibit A,is hereby approved. SECTION 2: The City Engineer's Report as presented in Resolution No. 08-05 is hereby amended by the attached Final City Engineer's Report(Exhibit A.). SECTION 3: The Citi*Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall snail a copy of this resolution to all affected property owners at their last known address. SECTION 4: This resolution is effective immediately upon passage. t, InASSED: Thdis day of �.- � �. 2008. RESOLUTION NO, 08 - -I Page 1 t Mayor- Q of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 08- Page 2 Exhibit Final City Engineer's Report Sanitary Sewer Reimbursement District No. 38' (SW Fairhaven Street) Back round This project was constructed and funded under the City of Tigard neighborhood Sewer Extension Program (NEEP). 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 roust pay a connection fee, currently $3,135, 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 systems according to Washington County rales and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 22 lots in the following table:required the connection to an existing sewer along a creek west of SW 1loffi Avenue. Lines from the existing sewer were extended east to serve three lots along SW 1 101 Avenue and west to SW 115,h Avenue to serve 19 lots. ,Although the server passes along the frontage of 13575 and 13615 SW 1150'Avenue, these two lots are not included in the reimbursement district since they are currently connected to a sewer at the back of the lots'. The project provided sewer service to a total of 22 lots within the Reimbursement District as shown on Exhibit Map B. Cost The portion of sewers nearest to the connection to the existing sewer passes through areas to the cast and west where services are not provided.. The reimbursement district was formed without including this portion of the line within the district. Consequently, the final construction cost of $59,9014 for this portion of the sewer is not allocated to the reimbursement district. The final construction cost for the remaining portion of the sanitary sewer to provide service to the 22 lots is $216,434.40. Engineering and inspection fees amount to $29,219 (13.50/0) as defined in TMC 13.09.0140(1). The final total project cost is $245,653. This is the aanount that should be reimbursed to the sanitary sewer fond as properties connect to the sever and pay their fait 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 server lime, each property owner will be required to pay a connection and inspection fee, currently $3,135, upon connection to tl;e public line. All owners will be responsible for all plumbing costs required for work done on private property. Exhibit A Paye I of Reimbursement Rate Eighteen of the propertieswithin the district are zoned R-3.5 while four of the properties, west of SCJ 11401.Avenue; are zoned. R-4.5. The lots are similarly developed but vary in size from about 15,000 to 17,000 square feet as can be seen in the following list of lots. 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 are not recommended because there is no correlation between these methods and tlae 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 $0.71124645 per square foot of lot served. Each owner's fair share will 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$1.5,000. Upon request, payment of costs that exceed $1.5,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). Annual Fee Adiustment TMC 13.09.1.15 states Haat an annual percentage rate shall be applied to each property owner's fair share of the sever 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 the 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 Corte (IMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be requited to pay the reimbursement fee. Submitted October 14,2008 Ag sin P. Duenas, P.E. 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