2000-42-Order No. 2000-015 Recorded 1/31/2000VOL: CJ2000 PAGE: 42
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*0200042 * Vol -Page Printed: 01/31/2000 09:18:15
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Jan. 31, 2000; 8:18 a.m.
Order (CJ)
NUMBER OF PAGES: 16
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY D HED
,lA p312000
cJ7 Sao- yoJ�
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting the Engineer's Feasibility Study Relating
to the Improvement of a Certain Dedicated Public Road Known
as Tallwood Court, Deschutes County, Oregon, and Directing
the County Road Official to Conduct a Mail Poll of Property
Owners of Record to Determine Interest for a Proposed Local
Improvement District.
ORDER NO. 2000-015
*00JAN 311
M.4FY St;
COUNTY CLE -RK
WHEREAS, the Board of County Commissioners, by Resolution 99-081 initiated the
improvement of a certain dedicated public road known as Tallwood Court; and
WHEREAS, the County Engineer has investigated the feasibility of making the
improvements, estimated the cost of the improvements, proposed a method of assessment
and estimated the amount of the assessments against each of the specially benefited
properties, in accordance with 12.48.150 of the Deschutes County Code; and
WHEREAS, the Board has considered the Engineer's report and has determined to
proceed with the proposed improvements, subject to the notice and hearing requirements of
Chapter 12.48 of the Deschutes County Code; and
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the Engineer's Feasibility Study relating to the improvement of a certain
dedicated public road known as Tallwood Court, Deschutes County, Oregon, marked Exhibit
"A", attached hereto and by this reference incorporated herein, be accepted and hereby
approved.
Section 2. That the County Road Official conduct a mail poll of the owners of record of
all specially benefited lots within the proposed Local Improvement District in accordance with
12.48.166 of the Deschutes County Code. Notice of said mail poll shall be provided by mailing
in a form that substantially conforms with Exhibit "B", attached hereto and by this reference
incorporated herein
DATED this ---day of , 2000.
BOARD OF COUNTY COMMISSIONERS
OF DE5QWUTES, CQU)PTY, OREGON
ATTEST:
Recording Secretary
ORDER NO. 2000-015
LINDA L. SW ARIIRGEN HAIR
TOM DE QLF, C SIONER
NIS R. LUKe—COMMISSIONER
TES
12"' EXHIBIT W
0IUJ:.''r. Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
MEMORANDUM
TO: Board of County Commissioners
FROM: Gary Judd, Engineer
DATE: November 30, 1999
SUBJ: Feasibility study for the Tallwood Court L.I.D.
This report is made pursuant to Section 12.48.150 of the Deschutes County Code concerning the
engineering investigation, by the Deschutes County Road Department, of proposed local road
improvements.
Deschutes County received a petition from certain property owners to improve a certain
dedicated public road known as Tallwood Court in the Fifth Addition to Tall Pines Subdivision
located in south Deschutes County. Due to this petition, the Deschutes County Board of
Commissioners initiated a Local Improvement District by Resolution No. 99-081 signed on
November 10, 1999.
The Resolution was referred to the Deschutes County Road Department for the completion of a
feasibility study of the proposed local improvements in accordance with Deschutes County Code
12.48.150. This report constitutes the engineer's findings.
GENERAL DESCRIPTION OF THE ROAD AND SURROUNDING AREA
The area in which the road improvements are sought constitutes a portion of a subdivision in
south Deschutes County known generally as Tall Pines subdivision. The subdivision is accessed
from Day Road.
The primary access, Day Road, is designated as a rural local collector on the County's
Transportation Plan. Tallwood Court intersects with Day Road and is designated a rural local.
All of the lots within the boundaries of the LID abut on Tallwood Court.
Quality Services Performed with Pride
FEASIBILITY STUDY
TALLWOOD COURT LID
2 of 6
Tallwood Court, within the proposed LID, is currently an unpaved road consisting of
decomposed cinder aggregate, pieces of old pavement, and dirt. The road was built to serve lots
in the Tall Pines subdivision in the 1970's. Tallwood Court was not constructed to current
County standards and is not included in the County maintained road system. The County bears
no responsibility for maintaining this road. Maintenance of the road must be provided by owners
of the property served by the road.
Since the road at one time was paved with a thin oil mat that has deteriorated basically the road
is prone to extensive pot holing and rutting, which will require frequent maintenance work to
smooth the ruts and pot holes out. Repeated repairs, snowplowing, and the effects of traffic have
caused the pavement and base material to nearly disappear from the roadway.
A map of the area is attached hereto as Exhibit 1.
OPTIMAL LOCATION AND EXTENT OF THE IMPROVEMENT
The road to be improved is classified as a local road by the Deschutes County Transportation
Plan. Meaning that the purpose of this road is to carry local traffic and primarily serve lots
abutting the subject road. See DCC 17.08.620(F).
Since the entire length of road from it's intersection with Day Road (a County maintained road)
to the end is proposed to be included in the local improvements this is an optimal location and
extent of the project. The proposed improved road will facilitate orderly development and
efficient use of infrastructure throughout the neighborhood as well as effective maintenance of
the improvements.
BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT
DCC 12.48.130 requires that properties to be assessed be included within the boundaries of a
designated local improvement district (LID). Properties to be included in a LID are properties
that are benefited by the proposed local improvements. Attached as part of Exhibit 2 of this
report is a map showing the boundary of the proposed local improvement district and the
benefited properties, along with the location of the improvement and the road to be improved.
Properties abutting a street improvement are presumed to benefit from such construction.
Accordingly, except as noted herein, the boundaries of the LID have been drawn to include those
properties that abut the improvements. Because the road is designated as a rural local road and
will be constructed to standards appropriate for rural local roads.
A map of the Local Improvement District is attached hereto as Exhibit 2.
FEASIBILITY STUDY
TALLWOOD COURT LID
3 of 6
DESIGN AND CONSTRUCTION
The construction standards for local streets are found in the County subdivision ordinance. See
DCC 17.48.010. The relevant standards are set forth in Section 17.48.050 and Table A. Those
standards require a pavement width of 22 feet, a base depth of 6 inches of crushed aggregate and
a surface of 0-9 macadam or 2" of asphalt concrete. Roads must be designed to the safety and
design standards of the American Association of State Highway and Transportation Officials
(AASHTO). These standards as adapted to rural local streets reflect the designation and function
of the improvement as a local street.
This engineer's report has been drafted anticipating that the work to be done will meet the rural
local construction standards. The following is a description of the proposed work under those
standards:
Mobilization - normal mobilization costs incurred in preparation of the work.
Construction Surveying - setting slope stakes, subgrade stakes, and base hubs for the
contractor to construct the road.
Traffic Control - signs and flaggers will be provided to warn, safeguard, protect, guide, and
inform the public and workers.
Subgrade - earthwork will be required to construct subgrade. There will be some
construction required to provide proper drainage.
Base - placing, shaping, compacting, and fine grading of base will be required. A six inch
depth of aggregate base will be utilized for the roadway and a four inch depth of aggregate
will be used for driveways.
Paving - the paving will be two inches in depth of asphaltic concrete surface. The
pavement width will be twenty-two feet.
Miscellaneous Work - resetting mailboxes, moving utilities, drainage structures, and
obtaining right-of-way.
Engineerinsz and Administration - the expenses incurred by the County in the preparation of
plans and specifications, inspection, surveying, accounting, payment collection, and interim
financing costs.
From the staff's review of the proposal and the site, it does not appear that there is anything that
would make the proposal unfeasible from a technical standpoint. All right-of-ways are dedicated
to the public with a width of fifty feet. Except for areas where the current road base does not
align with the right-of-way, the road to be improved is already laid out and in use. The terrain is
generally flat in nature, with some areas where excavation and embankment will be required. If
slopes extend outside of the right-of-way, easements will be obtained from the property owners
affected.
FEASIBILITY STUDY
TALLWOOD COURT LID
4of6
CONSISTENCY WITH LAND.USE REGULATIONS
There are two considerations to be looked at in assessing whether the proposed improvements are
consistent with zoning requirements. First, whether the class of the road improvement is one that
would require land use approval and second, whether the requirements of the applicable zones
would require land use approval.
In this case, the proposed improvements would be considered to be a Class III road or street
project. Class III road and street projects are those involving modernization, traffic safety
improvements, maintenance, repair, or preservation of a road or street. See DCC 17.08.625(C).
Improvements falling within this classification do not as a general rule require a land use permit.
As a general rule, it is only when modernization involves widening by more than one lane that a
land use permit is required. See, e.g., DCC 17.08.625(B) regarding Class II road and street
projects. That scenario is not presented by the proposed road improvements.
As to the requirements of the zones themselves, the proposed improvements are located within
RR -10 zoning. Class III road improvements in the RR -10 zone are outright permitted uses. See
DCC 18.60.020(F) and DCC 18.032.020(E). The proposed project is consistent with the RR -10
zoning and may proceed without obtaining permits. Given that zoning allows for the proposed
improvement, the project is feasible from a land use perspective.
DETERMINATION OF MAXIMUM ACTUAL COST
Under DCC Chapter 12.48; assessments for local improvements may include, in the costs to be
assessed to benefiting properties, the "actual cost of the local improvement project. "Actual
costs" includes all direct and indirect costs incurred by the County to undertake a capital
construction such as that proposed by Resolution No 99-081 "Actual costs" includes but is not
limited to; the cost of labor, materials, supplies, equipment rental, property acquisition, permits,
engineering, financing, legal, administration, depreciation, amortization, reserve for
delinquencies, or defaults, and debt service. Administrative expenses may include those incurred
in preparation for formation of a local improvement district, such as meeting with property
owners, preparing and processing the feasibility report, and providing notice and conducting
hearings.
The engineer has determined the maximum actual cost of the proposed local improvement,
including interim financing, to be assessed to the benefited properties is $47,230.
Attached as Exhibit "3" is a detailed schedule of the cost estimate.
The estimate construction costs are based on 1999 project costs for similar types of construction.
A contingency has been added to the construction costs estimate to cover unexpected cost
overruns due to unforeseen construction complications and to reflect the possibility of higher
construction costs due to increase in the costs of materials and labor.
FEASIBILITY STUDY
TALLWOOD COURT LID
5 of 6
PROPOSED METHOD OF ASSESSMENT
The recommended method of assessment, to arrive at a fair apportionment of the actual cost of
the local improvement to the properties specially benefited, is to divide the total cost of the
project or maximum actual cost, which ever is less, by the number of specially benefited lots.
This per lot apportionment method is recommended due to differing lot sizes, shapes, and
frontages, the presence of corner lots, and takes into account densities prescribed by zoning in the
area. The differences amongst the lots make for difficulties in apportionment if an alternative
apportionment method based on frontage or acreage were to be used. Since all of the lots,
except combined or partitioned lots, have more or less an equal size, it is reasonable to assume
that each abutting lot will have only one residence; therefore, the ability to use the improvements
would be the same per lot regardless of the frontage a particular lot has.
The boundaries of the LID have been drawn to include only properties that abut or directly access
onto the proposed improvements. All included properties are zoned RR -10. Given the existing
zoning, the size of the subject parcels, and the nature of existing development in the area, it is
reasonable to assume that future development on the vacant lots in the proposed LID will be for
residential uses.
SPECIAL BENEFITS TO ASSESSED PROPERTIES
All of the properties to be assessed abut the proposed improvements. As rural local roads,
abutting properties may take access directly from any of the road segments to be improved.
After the improvements are finished, all properties proposed to be assessed will have the entirety
of their access be by way of a paved improved road designed and constructed to County
standards. County standards reflect the safety and design criteria of the Association of State
Highway and Transportation Officials (AASHTO). The road to be improved currently does not
meet AASHTO safety standards.
Direct access from a paved, improved road will reduce wear and tear on vehicles and generally
make access to the abutting properties for the entire length of the access more convenient.
Direct access from a paved, improved road will improve response time from emergency service
vehicles, such as fire trucks and ambulances. Emergency service vehicles will not be required to
slow down to negotiate bad stretches of road.
Direct access from a paved, improved road will reduce dust raised by vehicles traveling past
residences.
The status of the road, as improved to County standards, will allow the County to accept the road
into the County maintained road system for maintenance. The County currently has a policy of
not accepting roads or streets into the County maintained road system that have not been
constructed to County standards. Such roads are not maintained by the County and if property
owners who use them wish them to be maintained they must take responsibility for such
maintenance.
FEASIBILITY STUDY
TALLWOOD COURT LID
6 of 6
Unimproved roads require frequent maintenance to keep them from getting rutted and
washboarded. This can be an expensive undertaking, especially when additional base material is
added. Often, the pot holes and ruts will reappear on the surface of the road after only a week
after the road has been repaired.
In a heavy snow winter, these roads often need to be snow plowed. As County maintained roads,
the improved road would be plowed by the County according to the County's schedule for
plowing. Properties not abutting the improvements will not gain the benefits of County road
maintenance.
Direct access from a paved road will improve the property values of the abutting properties.
For all these reasons, the properties to be assessed are specially benefited from the proposed
improvements.
Exhibit 112" is a drawing showing specially benefited properties.
DESCRIPTION AND ASSESSED VALUE
A description and assessed value of each lot or parcel to be specially benefited by the local
improvements and included within the LID boundaries, with the names of the owners of record,
is attached as Exhibit 114" of this report.
MAXIMUM ASSESSMENT AGAINST EACH LOT
The maximum assessment against each lot or parcel to be included in the LID is:
$47,230 / 10 lots = $4,723 per lot.
This is the assessment against each lot that the County agrees not to exceed, if the actual costs are
less than the engineer's estimate then the assessment against each lot will be reduced.
FINANCIAL CONSIDERATIONS
DCC 12.48.150(B) address minimum requirements for the minimum financial feasibility of the
proposed project. Attached in exhibit "5" is the analysis by the County Finance Director
regarding financial feasibility of the project.
Of the 10 lots, 9 of the lots have residences on them which is 90% of the total number of lots.
Therefore, the requirements of 12.48.330 do not need to be specifically met. Regardless, much
of the criteria of this section should be addressed as a means of addressing the financial risks that
the County may incur if this LID is approved.
FEASIBILITY STUDY
TALLWOOD COURT LID
7 of 6
The ratio of assessed property value to the estimated LID assessment is one means of
determining the financial risk. The ratios and lot percentages in this LID are as follows:
RATIO # of LOTS % of LOTS
2:1 or less 0 0%
2:1 to 5:1 0 0%
5:1 to 10:1 1 10%
10:1 or greater 9 90%
Most of the lots within the LID are approximately one acre in size and are zoned RR -10. There
is a reasonable expectation that residences would be approved on the undeveloped lot. Utilities
such as: electricity, water, and telephone have been installed within the right-of-way of the road
to be improved and are adjacent to all of the lots within the LID.
No one property owner owns more than three lots within the boundaries of the LID.
This LID appears to meet the criteria in DCC 12.48.330(A) for feasibility from a financial
standpoint.
Tallwood Ct. L.I.D.
L. I. D.
Boundary
County
Roads
0 Other
Parcels
Exhibit "2" 5°° 0 500 Feet
N
W E
S 5
97
o R os�yp �
Located i n ;
NE 1/4, Sec. 28,
0
T21 S, R10E, wm
Map Modified,
January 3, 2000
rtes DE.SCHUM COUNTY
ROAD DEPARTMENT
GLS DIVISION
John Anderson, GIS Specielist
Phone: i541i 90116561, email: johna@deschutes.org
61156 S.E. 27th St, Bend, OR, 91702
Exhibit "1 " ( No Scale)
The information on this map was derived from digital databases on
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the digital
data or the underlying records. There are no warranties, express or
implied, inducing the warranty of merchantability or fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
Exhibit 3
TALLWOOD COURT
LOCAL IMPROVEMENT DISTRICT
COST ESTIMATE
ITEM
UANTITY
UNIT PRICE
COST
ATION
F
All
Lum Sum
$3,000
NG
All
Lum Sum
2,000
AFFIC CONTROL
All
Lump Sum
500
TEMP. SIGNS
100 S.F.
$8.00
800
FLAGGERS
20 HRS
$28.00
560
CLEARING & GRUBBING
All
Lump Sum
2,000
EARTHWORK
200 C.Y.
$10.00
2,000
FINISH ROADBED
700 L.F.
$ 2.00
1,400
WATERING
50 M.G
$10.00
500
6" OF BASE
2,100 S.Y.
$ 4.50
9,450
2" OF A.C.
2,000 S.Y.
$ 4.50
9,000
MISCELLANOUS WORK
All
Lump Sum
1,500
DRIVEWAYS
10 EA.
$300.00
3,000
SUBTOTAL
$35,710
CONST. CONTINGENCY
15%
5,360
SUBTOTAL
$41,070
ENGINEER &
ADMINISTRATION
15%
6,160
TOTAL LID COST
$47,230
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EXHIBIT #5
TALLWOOD COURT
Local Improvement District
Financial Analysis
1. Assessment to Value Ratios
The ratio of assessed property value to the estimated LID assessment is one means of
determining the financial risk. The ratios and lot percentages in the LID are as follows:
Number of Lots % of Project Ratio Analysis
9 90% 10:1 or greater
1 10% 5:1 to 10:1
0 0.0% 2:1 to 5:1
0 0.0% 2:1 or less
The following information was compiled by the Deschutes County Road Department:
Most of the lots within the LID are approximately one acre in size and are zoned RR -10.
There is a reasonable expectation that residences would be approved on the undeveloped
lot. Utilities such as: electricity, water, and telephone have been installed within the
right-of-way of the road to be improved and are adjacent to all of the lots within the LID.
No one property owner owns more than one lot within the boundaries of the LID.
This LID appears to meet the criteria in DCC 12.48.330(A) for feasibility from a
financial standpoint.
II. Risk Related Undeveloped Land
Approximately 10% of the property within this area is undeveloped. Of the 10%
undeveloped properties, all have assessments to value ratios greater than a 5:1 ratio.
III. Interim Fin4ncing
Outside interim financing for this project has not been required. We do plan; however, to
issue bonds for assessments requested to be financed on behalf of property owners.
IV. Long-term Financing
Ballot Measure 50 has not affected our ability to issue limited tax improvement bonds for
a project such as this one, according to representatives of Seattle -Northwest Securities
Corporation, our financial advisor for recent bond issues.
�Y)&'kL"-
Marty Wynne
Finance Director, Deschutes County
[DATE]
«ACCOUNT»
«NAME1»
NAME2»
«NAME3»
((NAME4))
((ADDRESS))
((CITY)), ((ST)) ((ZIP))
Page 1 of 3
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 3BB-6581 • FAX (541) 3BB-2719
RE: TALLWOOD COURT L.I.D.
Deschutes County is conducting a mail poll of the property owners in the Tallwood Court
Local Improvement District (LID). The mail poll will be used to determine the level of
support for completing the proposed improvements. To be eligible for further
consideration by the Board, a proposed improvement must receive, by the postmark
deadline, a minimum poll approval rate of at least 60 percent of the owners of the
land representing at least 60 percent of the total amount of the estimated assessment
for the proposed local improvement. Based on the outcome of this mail poll and the
Road Department's Feasibility Study the Board of County Commissioners will determine to
either abandon the local improvement district or continue with the process to improve the
roads within the LID. If the LID is abandon a new LID cannot be started for a period of at
least one year.
If the LID continues, the following road will be improved:
ROAD NAME DESCRIPTION (map enclosed)
Tallwood Court All of Tallwood Court from Day Road to the end.
The improvements will consist of a 22 foot wide, 2 inch deep A.C. paved road; with 6 inches
of rock base that is 26 feet wide. The cul-de-sac bulb will have a pavement radius of 45
feet. The estimated maximum cost of the improvement project is $47,230. Construction of
road improvements would most likely start in June and finish in August of 2000.
The maximum assessment against each lot would be $4,723.00. If the project were to
exceed the maximum cost, the County will find a funding source other than the
assessments against the properties to fund the amount above the not to exceed cost. If the
project costs are less than the estimate then the property owners assessment would be
reduced proportionately.
Quality Services Performed with Pride
EXHIBIT °B"
Page 2 of 3
Property owners will be assessed for the improvements after the construction has been
completed and when all of the actual costs are known. The assessment can either be paid
in full or financed through the County. The payment period for an LID, if financed by the
County, is 10 years with an interest rate set by the Board of County Commissioners
(previously annual interest rates have been 7%). If the Board uses a 7% interest rate for
the Tallwood Court LID the payments would be approximately $332.32 every six months,
based on the not to exceed cost.
Attached is the mail poll ballot which must be mailed to the Department of Public Works
with a post mark no later than FEBRUARY 28, 2000. Reminder: 60% of the property
owners must vote yes for this project to continue.
If you have any questions, please call.
Gary Judd
Engineer
EXHIBIT "B"
JW3
MAIL POLL BALLOT
for the
TALLWOOD COURT L.I.D. LOCATED IN
FIFTH ADDITION TO TALL PINES SUBDIVISION
«NAME1»
((NAME2))
«NAME3»
((NAME4))
((ADDRESS))
((CITY)), «ST» ((ZIP))
Fifth Addition to Tall Pines Subdivision
Lot: ((LOT)) Block: «BLK»
Tax Lot: ((ACCOUNT))
PLEASE VOTE FOR ONE.-
NO,
NE.
Signature:
Signature:
NO, I do not want the Local Improvement District to continue.
YES, I want the roads within the Tallwood Court L.I.D. boundary (as
described in the attached letter) improved by the LID process.
Date:
Date:
Please return this ballot to the Deschutes County Road Department with a postmark no
later than FEBRUARY 28, 2000.
MAILING ADDRESS:
Deschutes County
Road Department
61150 SE 27th Street
Bend, OR 97702