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Resolution No. 10-37 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 10- ,3? A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 48 (SW LOWER CHERRY DRIVE) 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. 48 (SW Lower Cherry Drive) 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 die 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 die City Engineer is appropriate. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report tided "Sanitary Sewer Re nhursement District No. 48," 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 in Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 48." 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 die Reimbursement District as provided for in 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 fled in die office of die 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. RESOLUTION NO. 10 - Page 1 PASSED: This 13th day ofjuly 2010. Mayor-City of Tigard ATTEST: �� . rn _ City Recorder-City of Tigard RESOLUTION NO. 10 - Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 48 (SW Lower Cherry Drive) Background This project will be constructed and funded under the City of Tigard Neighborhood Sever 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 and inspection fee, currently $4,135, 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 rules and for any other modifications necessary to connect to the public sewer. Project Area- Zone of Benefit Serving the four lots in the following table will require extending an existing sewer along the back lot lines of the lots to be served. No further extension of this line will be required. The surrounding area is completely served with sewer. r The proposed project would provide sewer service to a total of four lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the four lots is $129,017. Engineering and inspection fees amount to $17,417 (13.5%) as defined in TMC 13.09.040(1). The sewer will be construction within easements purchased by the City at a cost of$6,400. In addition, a total of$2,822 will be paid to owners to compensate thein for the cost of restoring property disturbed by construction. The estimated total project cost is $155,657. 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 depends upon the extent to which the owner is eligible for the City's incentive program for early connections. In addition to sharing the cost of the public server line, each property owner will be required to pay a connection and inspection fee, currently $4,135, 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 the proposed district are zoned R-3.5 but vary in lot size from about 20,000 to 32,000 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. Exhibit A Page 1 of 4 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 $1.5011 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 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 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 June 28, 2010 Theodore S. Kyle, P.E. City Engineer Exhibit A Page 2 of 4 LOWER CHERRY DRIVE-REIMBURSEMENT DIST NO. 48 FY 2009- 10 SANITARY SEWER , EXTENSION PROGRAM A PORTION OF THE NW 1 /4 SECTION 11 T2S R1 W W.M. I � 1 DR i U I Q- 1 I I � O h LIJ c I NOTE: All properties in the reimbursement district are zoned R3.5 EXHIBIT B NTS LOWER CHERRY DR CIS' 2010 Sanitary Sewer Extension Program Esdin ated Cost ro Prqperi�,Owners sla"Inaly Th vrsdqj,,April 4 9010 Estimated Construction Costs $112,189 15.00% contjlZ�ncy (construction) $16,828 i._._._...._.—_------------ - Estimated construction subtotal $129,017 ............. .......... 13.50%Administration&Eineelan $17,417 Easement Cost $6,400.00 Site Restoration $2,8222.00 total project costs $155,657 total area to be servcd (S.F.) 103695 -total cost per S.F. to property owner $1.50110847 1:\ENG\2t1()9-2[II0 FY Cll'\Lo%vcr Cherry SarLlaty Sewer EVL-IFAS Key 93048 Re 0677\En�1iverinp,Estirnne\Lower Cherfy-EsUirmte By Twl Lot(ArTa) 3 of LOWER CHERRY DR CIP 2010 Sanitary Sewer Extension Program H.5—mared Cost to Proper,J Owncrs Thursday,Aph722,2010 Estimated Ainount that Owner Site Address Ta..%Lot ID Area(S.F.) Area Reimbursement Amount to be Amount to be can be (AC) Fee Paid by Owner Paid by City Deferred by Owner 7 \VID Vfrliti,TE IOi1LlS G 7550 SW CHL-:PRI'DR 2S101DCO2000 2830&.7 0.65 $ 42,494 g 33,494 $ 9,000 $ 27,494 2 IIERNLANSON,PATRICIA IhI 7530 SW CHERRY DR 2S101DC01900 23395.3 0.5.1 $ 35,123 $ 26,123 $ 9,000 $ 20,123 3 CHEINLUUN,LISA h1& 75I0 Sly,=CHERRY DR 2SI OlDC01800 19755.8 0.45 $ 29,656 $ 20,656 $ 9,000 $ 14,656 4 1L\RTIN D.5"]'I lti'Izl'&CARi.A STI---W r 7570 SW CHERRY DR 2S101DCO2100 32231.7 0,739 $ 48,383 $ 39,3$3 $ 9,000 $ 33,353 Totals 143694.5 2.379 $ 155,657 $ 119,657 $ 36,000 $ 95,657 The"ESTI14ATLD REINMBURSEMENT FEE"column shows the estimated reimbursement fee for each lot. Therc;ire no requirements to connect to the sewer at pay any fees until the owner decides to connect to the sewer. The final reimbursement fee will be determined once construction is complete and find casts are deterinined. In accordance with Resolution No.01-46,each property owner will be required to pay the first$6,000 of the final reimbursement fee for connections completed within the first three years of Ciry Council's approval of the Emil City Engineer's Report following construction. The` atIIOUNT TO BE PAID BY 0717Y"column shows that portion of the reimbursement fee that the owners will not be required to pay if they connect to the sewer during r]-ds three year period. I'his resolution also requires owners to pay-any fsur share amount That exceed$15,000. Consequently,if the final fair share for an owner c:scecds$15,000,the owner would be required to pry 56,000 plus that amount of the fit share that exceeds$15,000. Under Resolution No.03-55,payment of die amount in excess of$15,000 may be deferred until the owner's lot is developed.This amount is shown in the"AMOUNT TFIAT CAN BE DEFERRED BY OMNI RR"column. In addition to the reimbursement fee,the owners will also be required to pay a connection fee,currently$4,135,at the time of connection to the sewer. In addition,property owners are responsible for disconnecting their existing septic system according to XM-ishington County rules and for any other modifications necessary to connect to die public sewer. 4of4 1:\ENG\2007-2010 1'1'Cfn\Lower Cherry Sanitary"anter JIM-WAS Ker 950481:flu 067AFnf;needt:g animate\Lower cherct•-Est=mate By 7'as Imr{Arc+} LOWER CHERRY DRIVE-REIMBURSEMENT DIST NO. 48 FY 2009- 10 SANITARY SEWER , EXTENSION PROGRAM A PORTION OF THE NW 1 /.4 SECTION 11 T2S R 1 W W.M. �f f U � ? I 4 O` P DRI CO Cj i I NOTE: All properties in the reimbursement district are zoned R3.5 EXHIBIT B +gip 1 NTS r Attacbment 2 LOWER CHERRY DRIVE-REIMBURSEMENT DIST NO. 48 FY 2009- 10 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SE 1 /4 SECTION 1 T2S R 1 W W.M. I VARNS ST zo I �----�-1 FIR ST FIR ST # --j i 1 i ji rPF 5.4N�BURG Sr I � i i _ I TECH CENTER _ /I VICINITY MAP NTS