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RESOLUTION 2007-09

(A resolution approving formation of the Sieverkropp Reimbursement District and rejecting the Horizon Christian School Reimbursement District)


 WHEREAS, on March 26, 2007, the City Council received the Engineer’s Report recommending rejection of the Horizon Christian School Reimbursement District pursuant to HRMC Section 13.17.030;

 WHEREAS, on March 27, 2006, the City Council received the Engineer’s Report recommending formation of the Sieverkropp Reimbursement District pursuant to HRMC Section 13.17.030;

 WHEREAS, the public improvements to be reimbursed in the Sieverkropp Reimbursement District consist of street, curb and gutter improvements to Pacific Avenue between 8th Street and 5th Street for a total of approximately 546 lineal feet.  The improvements were constructed by the Sieverkropp Orchards, Inc., the applicant.  The public improvements to be reimbursed in the proposed Horizon Christian School Reimbursement District consist of the engineering costs associated with the construction of the same improvements;

 WHEREAS, the costs proposed to be reimbursed in the Sieverkropp Reimbursement District are subject to reimbursement and do not fall within the exclusions in HRMC 13.17.040(B);

 WHEREAS, the costs proposed to be reimbursed in the Horizon Christian School Reimbursement District are not subject to reimbursement for the reasons set forth in the City Engineer’s Report dated March 15, 2007, attached as Exhibit A;

 WHEREAS, the following properties are proposed to be in the Sieverkropp Reimbursement District:  3N 10E 36CA, Tax Lots 700 and 800.  These properties are directly accessed by Pacific Avenue and directly benefit from the improvements to Pacific Avenue.  A school has been constructed on these properties and because the applicant was already constructing the improvements to Pacific Avenue, the owner of these properties, Horizon Christian School, was not required to construct improvements to Pacific Avenue, even though the improvements represented a condition of approval under the school’s conditional use permit;
 
 WHEREAS, the proposed amount to be reimbursed is $6,525.21.  This amount was derived from paid invoices for the public improvements provided by the applicant.  The City Engineer provided testimony that the amount represented prevailing market rates for similar projects.  No contrary testimony was provided;


 WHEREAS, the method of apportionment is based on land areas.  This method is reasonably calculated to reflect the special benefit to the subject properties.  This amount represents the cost of approximately 121 feet, which is proportional to the impact of the Horizon Christian School development, which would contribute approximately 21.1% of the traffic to the improvements.  No contrary testimony was received;

 WHEREAS, the Engineer’s Report does not include a proposed annual percentage rate multiplier to be applied to the cost of construction to reflect inflation.  Accordingly, a multiplier equal to the All-Cities Consumer Price Index should be included and applied to the amount to be reimbursed annually.  This index reasonably reflects prevailing market rates.  No contrary testimony was received;

 WHEREAS, the City Council held a public hearing on May 14, 2007, to consider the applicants’ applications to form reimbursement districts, the City Engineer’s Reports, and testimony and evidence presented concerning the proposed reimbursement districts;

 WHEREAS, notice of the public hearing was provided as required by HRMC Section 13.17.040, a copy of which is attached;

 NOW, THEREFORE, BE IT RESOLVED by the Hood River City Council that:

1. The City Council approves the City Engineer’s Report for the Sieverkropp Reimbursement District (Exhibit B) on the formation of the Sieverkropp Reimbursement District and approves formation of the Sieverkropp Reimbursement District.  The City Engineer’s Report, including any modifications made at the public hearing, is incorporated into this Resolution by reference.

2. The City Council denies the request by Horizon Christian School for the formation of a reimbursement district for the reasons set forth above.
3. The following property is proposed to be in the Sieverkropp Reimbursement District:  3N 10E 36CA, Tax Lots 700 and 800.  The Council finds that the properties are specially benefited from the public improvement for which the Sieverkropp Reimbursement District is formed.  The amount for which the properties are responsible to reimburse is also set forth in Exhibit A and approved.
4. The proposed amount to be reimbursed was based on final invoices provided by the applicant and represents prevailing market rates for similar projects.
5. The method of apportionment is reasonably calculated to reflect the special benefits the properties receive from the improvement.
 
6. The annual percentage rate multiplier to be applied to the cost of constructing reasonably reflects prevailing market rates.
7. The City Manager is authorized and instructed to enter an agreement with the applicant meeting the requirements in HRMC 13.17.040(D).  This Resolution shall not be effective as to the Sieverkropp Reimbursement District until the agreement is executed by the applicant.  The City Attorney shall provide the form of agreement.
8. The City Recorder shall mail copies of this Resolution as provided in HRMC 13.17.040(E).  This Resolution may be recorded in the County Assessor’s office by the applicant.


Approved by the Hood River City Council the ______ day of ________________, 2007, to take effect immediately.

 

       ___________________________
       Linda Streich, Mayor

_____________________________
Jill Rommel, City Recorder