City of Hood River, Oregon
Resolution No. 2016-31
A Resolution approving the formation of the
Hilb Westcliff Sanitary Sewer Reimbursement District
The City Council for the City of Hood River adopts the following findings:
WHEREAS, in Chapter 13.17 of the Hood River Municipal Code (HRMC) the City authorizes the formation of reimbursement districts in situations where a developer is required to construct a public improvement that includes additional or oversized public facilities that would or could specially benefit property other than the property owned by the developer; and
WHEREAS, on October 11, 2013, the City granted preliminary plat approval for a Minor Partition of one parcel into three developable lots (File No. 2013-16), that required, among other things, the extension and construction of public and private utilities to the site and the extension and improvement of certain public streets; and
WHEREAS, Condition 16 of the Minor Partition approval required the extension of the City sanitary sewer system to the development, which required the applicant/developer to construct a sanitary sewer system extension to its property past other developable lots that required sanitary sewer before they could be developed for urban uses at urban densities under the Hood River Development Code; and
WHEREAS, on April 13, 2016 the Minor Partition developer applied to form a reimbursement district under HRMC Ch. 13.17 to recover certain costs of the sanitary sewer extension that specifically benefit the adjacent undeveloped lot to the west of applicant’s property, asserting that the sanitary sewer extension had excess capacity beyond what was needed to serve the applicant’s Minor Partition property; and
WHEREAS, the public improvements for which the developer seeks reimbursement include the engineering, design and construction of a low pressure sanitary sewer main and appurtenances thereto extending approximately 1,300 lineal feet along Westcliff Drive; and
WHEREAS, all design and construction costs for these improvements were paid for by the applicant/developer of the Minor Partition and specially benefit the existing, undeveloped parcel to the west of the applicant/developer’s property, and for which the Minor Partition applicant/developer requests reimbursement of $97,489.16, based on paid invoices for the design and construction of these public improvements; and
WHEREAS, the applicant/developer seeks reimbursement from the existing and specially benefitted parcel on a lineal foot of frontage basis over a 10-year period as allowed by HRMC Chapter 13.17; and
WHEREAS, the City Engineer reviewed the application to form the Hilb Westcliff Drive Sanitary Sewer Reimbursement District and determined that the property illustrated on Exhibit A as Segment 2 is specially benefited by the sanitary sewer improvements constructed by the Minor Partition applicant/developer and therefore is eligible for inclusion in a reimbursement district under HRMC Chapter 13.17; and
WHEREAS, the City Engineer prepared an Engineer’s Report on the reimbursement request pursuant to HRMC 13.17.030, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In his report, the City Engineer determined that only some and not all of the costs associated with the sewer line extension are eligible for reimbursement under HRMC 13.17.050 through a reimbursement district and that the total amount eligible for reimbursement from the Segment 2 property is $62,412.98; and
WHEREAS, the City Council held a public hearing at its November 28, 2016 regular meeting, noticed in accordance with HRMC 13.17.040, at which time it considered the applicant's request, the City Engineer’s report, and accepted public testimony on the proposal to form a reimbursement district.
NOW, THEREFORE, BE IT RESOLVED by the Hood River City Council that:
1. Reimbursement District Established. The Hilb Westcliff Drive Sanitary Sewer Reimbursement District is hereby formed and shall include the property illustrated as Segment 2 (the “specially benefitted property”) on the map included in Exhibit A, attached hereto and incorporated herein by this reference. The City Council accepts, approves and adopts as its own the City Engineer's Report attached hereto as Exhibit B as legal justification to form a reimbursement district under HRMC Ch. 13.17 and the specific costs identified for reimbursement by the City Engineer therein.
2. Findings. In addition to the analysis in the Engineer’s Report attached as Exhibit B, the City Council adopts the following specific findings in support of the formation of the Hilb Westcliff Drive Sanitary Sewer Reimbursement District:
a) The parcel illustrated on Exhibit A as Segment 2 (33,729,788 sf) and included in this reimbursement district is specially benefited by the improvements constructed by the Minor Partition applicant/developer.
b) The amount for which the specially benefitted property is responsible to reimburse the applicant/developer is $62,412.98 (the “Reimbursement Charge”) as set forth in Exhibit B and is hereby approved.
c) This reimbursement amount for the specially benefitted property (Segment 2 on Exhibit A) is based on the final invoices for those qualifying improvements that were provided by the applicant and verified by the City Engineer and represented prevailing market rates for similar projects.
d) The method of apportionment is based on the area (square footage) of the specially benefitted property and is reasonably calculated to reflect the special benefits each property receives from the improvements so constructed.
3. Obligation to Pay Reimbursement Charge. Pursuant to HRMC 13.17.060, an owner of specially benefitted property within the Reimbursement District created by this Resolution shall pay to the City, in addition to any other applicable fees and charges, the Reimbursement Charge stated herein when any of the following events occur within ten years of the date of this Resolution:
a) A use on the specially benefitted property is expanded to create additional dwelling or commercial units
b) A building permit is issued by the City for development on the specially benefitted property that will use or increase the use of a public improvement, such as sanitary sewer or
c) A connection to or use of a public improvement, such as sanitary sewer, occurs on the specially benefitted property that will increase demand on the public improvement.
4. The Record. The record of this matter includes the underlying preliminary plat approval for Minor Partition (File No. 2013-16), the applicant’s request and documentation submitted in support of the formation of this reimbursement district, and the City Engineer’s review, analysis and report on the applicant’s request, along with all of the City’s notices to the affected property owners related to this request.
5. Notice of this Resolution. The City Recorder shall cause this Resolution to be recorded with the Hood River County Assessor’s office with title to the specially benefited property and shall mail copies of the Resolution as provided by HRMC 13.l 7.040(E). Copies shall be sent by US Mail to the owners of the specially benefitted property.
Approved and Effective this 28th day of November 2016.
Paul Blackburn, Mayor
Jennifer Gray, City Recorder Approved as to form:
Daniel Kearns, City Attorney