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2024-202-Order No. 2024-024 Recorded 7/22/2024REVIEWED �& 6�1 LEGAL COUNSEL Recorded in Deschutes County CJ2024-202 Steve Dennison, County Clerk Commissioners' Journal 07/22/2024 9:08:03 AM C 2024-202 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition to Form Tumalo Basin Sewer District and Setting Final * ORDER NO.2024-024 Hearing WHEREAS, Petitioners submitted a petition (Exhibit A) for formation of the Tumalo Basin Sewer District ("District") with the proposed district boundary as identified in Attachments A & B of the petition attached to this Order; and WHEREAS, the Deschutes County Clerk's Office and Assessor's Office each certified that the petition was signed by the requisite number of registered voters or landowners, as indicated in their memos attached to the petition; and WHEREAS, the Deschutes County Community Development Department determined, as described in their memo attached to the petition, the district formation is consistent with Title 18 Deschutes County Zoning Ordinance, Title 23 Deschutes County Comprehensive Plan and the public facilities goal and sewer facility policies in the Tumalo Community Plan, Appendix A; and WHEREAS, the Board held a duly noticed public hearing on July 17, 2024, to determine whether, in accordance with the criteria prescribed by ORS 199.462, the area could benefit by the formation of the district; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows; Section 1. The petition for formation and all exhibits attached to this Order are hereby incorporated by reference. Section 2. The petition for formation is accepted and the final hearing on this petition is set for August 7, 2024. Section 3. If written requests for an election are not filed as provided by ORS 198.810(3), the Board, at the time of the final hearing, will enter its order creating the district. Written requests for an election concerning creation of the district must be filed at or before the final hearing by not less than 15 percent of the electors or 100 electors, whichever is the lesser number, registered in the proposed district. PAGE 1 OF 2- ORDER NO. 2024-024 Section 4. The district will be named Tumalo Basin Sewer District with the boundary as identified in the petition for formation. The purpose of this District is to provide sanitation facilities and services as described in ORS 450.005-245 to inhabited property located within the Tumalo Rural Community, Deschutes County, Oregon. Dated this day of , 2024. BOARD OF COUNTY COMMISSIONERS OF SCHUTES COUNTY, OREGON PATTI ADAIR, CHAIR A' TEST: r Recording Secretary PAGE 2 OF 2- ORDER NO. 2024-024 ANTHONY DeBONE, VICE CHAIR PHIL CHANG, C�ISSIONER� __w. Tumalo Basin Sewer Committee c/o Ryan Rudnick Parametrix rrudnick(c7parametrix.cam Date, 2024 Steve Dennison Deschutes County Clerk PO Box 6005 Bend, OR 97708-6005 Re: Petition to Form the Tumalo Basin Sewer District Dear Mr. Dennison: Attached please find a Petition to form the Tumalo Basin Sewer District pursuant to ORS 198.705 to 198,155 ("Petition"). We are filing this Petition on behalf of the Chief Petitioners listed at the end of this letter. In support of that petition, we provide you with the following information. A. OVERVIEW The unincorporated community of Tumalo, Oregon, does not currently have a municipal wastewater facility, leaving businesses and some residents dependent upon onsite wastewater systems (septic tanks with drainfields). Aged and failing septic systems is resulting in onsite system failures, exorbitant repair/replacement costs, and business closures. These conditions create economic and practical hardships for new and existing businesses and residents. Deschutes County commissioned a feasibility study by an engineering firm in 2022 after the Tumalo Unincorporated Community experienced issues with continues reliance on on -site septic systems for wastewater disposal. Based on existing conditions and analysis of projected failures, the engineering team identified alternatives for implementation to provide sewer service to the Tumalo Community. As a result of the 2022 feasibility study, community members that had formed the Tumalo Basin Sewer Committee (TBSC), in 2023, concluded that the best mechanism to organize, fund, and operate the proposed community sewer system would be the formation of a sanitary district under ORS Chapter 450. The proposed Tumalo Basin Sewer District will be organized under ORS 450.009 to ORS 450.245 for the purpose of providing sanitation facilities and services to inhabited property located within the Unincorporated Tumalo Community, Deschutes County, Oregon. The proposed territory to be included in the Tumalo Basin Sewer District boundaries is described in Attachment A, the Lot and Block Description, and as the "Phase A Service Area" on Attachment B, the Boundary Map. B.BACKGROUND The preliminary steps have been completed required to submit this Formation Petition. On February 28, 2024 the Chief Petitioners submitted a prospective petition for formation of the Tumalo Basin Sewer District to the Deschutes County Clerk pursuant to ORS 198.748. The prospective petition identified the required special district formation criteria under ORS 198.720 and described how the proposed Tumalo Basin Sewer District met the criteria. On this date, the Chief Petitioners also submitted a general description and map of the proposed boundaries pursuant to ORS 198.748. This Formation Petition includes the petition form that was approved by Deschutes County, which has now been signed by the Chief Petitioners. This Formation Petition submission includes the lot and block description for the proposed Tumalo Basin Sewer District (Attachment A), the boundary map showing the Phase A Service Area proposed to be included in the Tumalo Basin Sewer District boundaries (Attachment B), the petition signature sheets (Attachment C), the economic feasibility statement (Attachment D) and the required SEL 704 form (Attachment E) and required $100 deposit. C. SPECIAL DISTRICT FORMATION CRITERIA MET This Petition meets the requirements for special district formation set forth in ORS 198.720: ORS 198.720(1) A district may consist of contiguous or noncontiguous territory located in one or more adjoining counties. If any part of the territory subject to a petition for formation or annexation is within a city, the petition shall be accompanied by a certified copy of a resolution of the governing body of the city approving the petition. The sewer district will consist of territory located entirely within Deschutes County. Chief Petitioners contemplate the potential future expansion of the service area to other properties in the community. The community of Tumalo is not an incorporated city. ORS 198.720(2) A district may not include territory included within another district formed under the same principal Act when the other district is authorized to perform and is performing the services the affected district is authorized to perform, unless. (a) Withdrawal of such territory is proposed and the territory is withdrawn by withdrawal proceedings conducted in the other district simultaneously with the formation or annexation proceedings, and the proposed boundary changes are approved for both districts; or (b) The principal Act provides for automatic withdrawal of the affected territory in such a case. The sewer district will not include territory located within another existing sanitary district. The sewer district will share a portion of the Laidlaw Water District service territory; however, the sewer district will provide services that are entirely distinct and separate from those provided by the Laidlaw Water District. ORS 198.720(3) The boundary lines of a district formed under ORS 198.705 to 198.955 shall include only such territory as may in reason be served by the facilities or services of the district. As detailed in the attached Economic Feasibility Statement, the proposed sewer district boundaries include only such territory as Chief Petitioners and their technical consultants Page 2 Tumalo Basin Sewer District Formation Petition Cover Letter believe may reasonably be served by the facilities and services of the sewer district at the time of its formation. ORS 198.720 (4) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. The sewer district will use a fee for service revenue model as detailed in the Economic Feasibility Statement attached as Attachment D. The sewer district will not have a permanent tax rate. D. FORMATION PETITION REQUIREMENTS MET This Formation Petition meets the requirements for formation petitions articulated under ORS 198,750, as outlined below: 1. Per ORS 198.750(1)(a), the Formation Petition states that the petition is filed pursuant to ORS 198.705 to 198.955. 2. Per ORS 198.750(1)(b), the Formation Petition describes the affected county and includes a map defining the precise boundaries of the proposed Tumalo Basin Sewer District (See Attachment A, Lot and Block Description, and Attachment B, Boundary Map). At this time, the TBSC is proposing to form the Tumalo Basin Sewer District in the area designated as "Phase A Service Area" on the Boundary Map in Attachment B. 3. Per ORS 198.750(1)(c), the Formation Petition designates the principal Act for the sanitary district. This a district formation, not a change of organization as defined under ORS 198.705(41. As such, the only "affected district" is the proposed Tumalo Basin Sewer District, for which the principal act is found in ORS 450.009 to ORS 450.245. 4. Per ORS 198.750(1)(d), the Formation Petition states that the nature of the proposal is formation of a district. 5. Per ORS 198.750(1)(e), the Formation Petition states that the territory subject to the petition is inhabited. 6. Per ORS 198.750(1)(f), the Formation Petition states the number of board members (five), given that the petition is for formation and district board members will be elected. The TBSC anticipates electing a board either through a formation election process initiated by petition pursuant to ORS 198.815 or through an election pursuant to ORS 198.825. The TBSC understands that elections pursuant to either of these processes will be governed by ORS Chapter 255. 7. Per ORS 198.750(1)(g), the Formation Petition states that a tax rate limit does not need to be included in the petition since no tax revenues are necessary to support the services and functions described in the economic feasibility statement (Attachment D) for the proposed Tumalo Basin Sewer District. Page 3 Tumalo Basin Sewer District Formation Petition Cover Letter t3. Per ORS 198.750(1)(h), the Formation Petition indicates that additional proposed terms and conditions for formation are not applicable. 9. Per ORS 198.750(1)(i), the Formation Petition signature form provides a space for formation petition signers to indicate whether they are landowners within the district, electors registered in the district, or both. Signatures have been gathered pursuant to ORS 198.755, ORS 198.760, and ORS 198.765, and the petition circulator ensured that signers of the petition indicated whether they are a landowner, elector, or both on the lines provided on the signature sheet. The TBSC has met the signature requirements articulated in ORS 198.755(1)(b) by gathering the signatures of not less than fifteen landowners within the Phase A Service Area boundary. This is explained in greater detail in Section D below. 10. Per ORS 198.750(1)(j), the Formation Petition states that the petitioners are requesting that the Board of County Commissioners commence proceedings to form the territory described. Additionally, the Chief Petitioners are submitting a security deposit to accompany the Formation Petition pursuant to ORS 198.775. The proposed Tumalo Basin Sewer District is located entirely within Precinct 13, so the Chief Petitioners are submitting a security deposit in the amount of $100 based on the $100 per precinct cost. The two Chief Petitioners have completed the SEL 704 form (Attachment E) and will each contribute $50 in cash to the required deposit. E. PETITIONER SIGNATURE REQUIREMENTS MET ORS 198.755(1) provides four different pathways to meet the signature requirement for a formation petition. The TBSC decided to meet the standard by gathering the requisite number of landowner signatures as allowed under ORS 198.755(1)(b). ORS 198.755(1)(b) provides that a petition for formation must be signed by "not less than �....[f]ifteen owners of land or the owners of 10 percent of the acreage, whichever is the greater number of signers, within the territory subject to the petition." The TBSC has met the requirements of ORS 198.755(1)(b) by gathering the signatures of not less than fifteen owners of land within the Phase A Service Area of the proposed Tumalo Basin Sewer District. During the process of gathering signatures, the circulator also gathered signatures of individuals who reside within the Phase A Service Area and support the project but are not landowners. The TBSC believes these signatures demonstrate widespread support for the sanitary district effort and understand that non -landowner signatures do not count towards the signature standard articulated in ORS 198.755(1)(b). The purpose of this section is to summarize the TBSC's decision to meet the petition signature requirements by gathering the signatures of not less than fifteen owners of land within the territory subject to the petition. The petition sheet attached to this Formation Petition contains forty (40) unique landowner signatures. It also contains signatures from two unique individuals that are registered electors within the Phase A Service Area but are not landowners. The TBSC understands that these two signatures do not count towards the required number of landowner signatures per ORS 198.755(1)(b). The signature requirement has been met by securing the signatures of forty (40) unique owners of land within the proposed District. Page 4 Tumalo Basin Sewer District Formation Petition Cover Letter F. NEXT STEPS The TBSC understands that since the Formation Petition is permitted to be signed by landowners and has in fact been signed by landowners to meet the signature requirements of ORS 198.755(1)(b), the Deschutes County Assessor has ten days to examine the formation petition and determine whether it has been signed by the requisite number of qualified signers pursuant to 198.765(2). Should the County Assessor find that the requisite number of qualified signers have signed the formation petition, the TBSC expects that the County Assessor will file the formation petition with the Board of County Commissioners as provided in ORS 198.765(2). If the County Assessor finds that the requisite number of signers have not signed the Formation Petition, the Assessor will notify the Chief Petitioners, also as provided in ORS 198.765(2). If you have any questions about the Petition or require any additional information, please contact me at 541-508-7785 or the email address above or contact the Chief Petitioners: Chief Petition Name: Rob Fish Landowner, Phase A Service Area of the proposed Tumalo Basin Sewer District Email: fishintumalo@yahoo.com Phone number: 541-480-4060 Chief Petition Name: Martha Gross Landowner, Phase A Service Area of the proposed Tumalo Basin Sewer District Email: marthagross777@gmail.com Phone number: 541-815-0141 Sincerely, Ryan Rudnick Engineer IV, Parametrix Consultants to the TBSC Page 5 Tumato Basin Sewer District Formation Petition Cover Letter PETITION TO FORM SPECIAL DISTRICT Tumalo Basin Sewer District (Name of District) To: The Board of County Commissioners, Deschutes County, Oregon The undersigned, in support of this Petition, state as follows: 1. This Petition for Formation is filed pursuant to ORS 198.705 to 198.955 on April 30, 2024 (date) and Petitioners request the Board commence proceedings to form the territory described below as Tumalo Basin Sewer District Deschutes County, Oregon: (name of district) See attached lot and block description and boundary map. (describe the territory and boundaries of the proposed District in detail. if more room is needed, a detailed description may be attached to this petition) 2. The principal act for Tumalo Basin Sewer District (name of district) is ORS 450.005 to 450.245 (Proper statutory reference required, see ORS 198.010 for listing of appropriate principal act) 3. (if applicable) The District board members will be generally elected and the number of board members is five (5) (if consent by all landowners) The names of the first board members are as follows and each has consented in writing by the attached acceptance: Should the Board of County Commissioners issue a formation order, the Tumalo Basin Sewer District will hold elections pursuant to ORS Chapter 255 to elect the first district board. (list each proposed board member) 4. (if applicable) The District includes a proposed permanent rate limit for operating taxes and the proposed rate is N/A — No tax revenues are necessary to support the services and functions described in the economic feasibility statement. (expressed in dollars per thousand dollars of assessed value) 5. This Petition for Formation affects only Deschutes County and is not in any incorporated city limits. 6. The Board of N/A (name of agency(ies) required to give approval under district's principal act) approved the petition pursuant to ORS 198.800 on NIA (insert date). (Certification of such approval by the relevant agency(ies) is provided below.) 7. The territory subject to this Petition for Formation is primaril inhabited uninhabited (circle one). This petition is signed by land owners and/or registered voter area proposed to be formed as indicated opposite their respective signature, and all signatures were obtained on or after the 99' day of April, 2024. rev 05/ 19 Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; lcgalcounselodeschutes.org 8. (if applicable) The proposed formation is subject to the following terms and conditions: N/A 9. This Petition has been signed by at least 15 owners of land or owners of 10 percent of the acreage, (whichever is greater) within the area proposed to be formed. 10. A security deposit form and payment and an economic feasibility statement are attached to this petition. 202gby'R010ax4- f l S Chief Petitioner(s). 19Sso av,,-4 Sf- f3oe R7703 Address, City, State,' ZIP Approved by the Board of Name of Agency Agency Signature By: (Print Name) Title: DATED this day of .2024 Approved by the Board of Name of Agency Agency Signature By: (Print Name) Title: DATED this,,,_ day of , 2024 rev 05/19 Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; legalcounselCdcschutes.org Security Deposit Special District Formation or (Reorganization SEL 704 rev 01/18 ORS 198.775 ■❑ Formation ❑ Annexation ❑ Withdrawal ❑ Dissolution District and Precinct information Name of District Tumalo Basin Sewer District Number of Precincts in District Amount of Deposit per Precinct Total Deposit (max of $10,000) One $100 $100 Chief Petitioners I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of Tumalo Basin Sewer District district exceeds the deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198.775) Name print Signatu Rob Fish Residence Mailing Address if different 19850 2nd St City State Zip Code City State Zip Code Bend OR 97703 Amount of Contribution/Value of Secured Deposit Kind of Contribution* .166 Qk Cash I [] Bond ®other Security Deposit Name print Martha Gross Residence 19933 Elm Ln Mailing Address if different City ! State ! Zip Code ! City I State ! Zip Code Bend OR 97703 Ij Amount of Contribution/Value of Secured Deposit Kind of Contribution* [Cash ❑ Bond I ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash I ❑ Bond Q Other Security Deposit Continued on the reverse side of this form Person/Organizations Providing Any Part of Cash/Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ® Cash I ❑ Bond 1:1 Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* El Cash I ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code i City State i Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash ® Bond ❑ Other Security Deposit Additional Description *Provide additional description of security deposit below, on the back of this form or on separate sheets. Additional contributors may be listed on separate sheets and attached. Tumalo Sanitary District Service Area Boundary Description (Lot & Block) Prepared by: Dan Finnell (Parametrix Inc.) Date:4/2/2024 The proposed service area boundary includes the following blocks and lots in the Plat of Laidlaw, recorded August 30, 1904, under County Survey No. 10229, Deschutes County Survey Records, situated in Section 31, Township 16 South, Range 12 East, W.M. Deschutes County, Oregon: Block 1 Lots 1-12 (See Attached Description) Block 19 Lots 1-24 Block 2 Lots 1-12 (See Attached Description) Block 20 Lots 1-24 Block 3 Lots 1-12 (See Attached Description) Block 21 Lots 1-5 (See Attached Description Block 6 Lots 1-12 for TL4900) Block 7 Lots 1-12 Block 23 Lots 1-24 Block 8 Lots 1-12 Block 24 Lots 1-24 Block 9 Lots 1-12 Block 25 Lots 1-4 & 13-24 (NE of US HWY 20) Block 10 Lots 1-24 Block 29 Lots 1-5 & 7-12 (NE of US HWY 20) Block 11 Lots 1-24 Block 30 Lots 1-12 Block 13 Lots 1-24 Block 31 Lots 4-6 Block 14 Lots 1-24 Block 32 Lots 1-6 Block 15 Lots 1-24 Block 33 Lots 1-12, & PT. of vacated Cook Ave. Block 16 Lots 1-12 (NE of US HWY 20) Block 40 Lots 1-3 & 7-12 (NE of US HWY 20) Block 17 Lots 10-12 (NE of US HWY 20) Block 41 Lots 1-6 Block 18 Lots 1-24 (NE of US HWY 20) Block 42 Lots 1-6 (NE of US HWY 20) Together with: Vacated portions of 3rd Street beginning at Strickler Ave east to centerline of Bruce Ave Vacated portions of Bruce Ave between blocks 7 & 6, 10 & 11 Vacated portion of Wood Ave between blocks 7 & 8, 9 & 10, 17 & 18 Vacated portions of 6th Street between blocks 18 & 25, 20 & 23 Vacated portions of 9th Street between blocks 33 & 40, 32 & 41 Vacated portions of 10th Street East of Hwy 20 Vacated portions of Wharton Ave 32 & 33, 40 & 41, 42 & US HWY 20 Vacated portions of Riverside Ave between block 21 and the Deschutes River Vacated portions of alleys in blocks 1, 2, 3, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20, 23, 24, 25, 29, 30, 33,40 Together with the following lots in the plat of Deschutes River Tract, filed August 16, 1960, under County Survey No. 06751, Deschutes County Survey Records, situated in Section 31, Township 16 South, Range 12 East, W.M. Deschutes County: Lots 4-6 Lots 25 & 26 Lots 14 & 15 Lots 28 & 29 Lots 35-37 Lots 44-46, & 49 Lot 43, Excepting Therefrom: Beginning at the Southeast corner of said Lot 43, also being the Northeast corner of Lot 38; thence S89°51'14"W, along the line between Lots 43 and 38, a distance of 190.00 feet to point on the South line of Lot 43, also being the Northwest corner of Lot 38; thence N00°45'44"W' 67.00 feet; thence N89°51'14"E, 143.53 feet to the East line of Lot 43; thence S35°18'12"E, along the East line of Lot 43, a distance of 81.95 feet to the true point of beginning. Together with: A parcel of land located in the Southeast Quarter of Section 31, Township 16 South, Range 12 East of the Willamette Meridian, being a portion of Lot 47, DESCHUTES RIVER TRACT, Deschutes County, Oregon, described as follows: Commencing at the Southwest corner of said Lot 47, thence S89°36'20"E, along the South line of Lot 47, also being the North line of Elm Lane, a distance of 187.01 feet; thence 8.26 feet along the arc of a 30.00 foot radius curve concave to the southeast (the long chord of which bears N38°32'54"E, 8.23 feet) to the true point of beginning: thence N46°26'41"E, 62.95 feet to the westerly bank of the Deschutes River; thence S57°15'09"E, along the westerly bank of the Deschutes River, 124.71 feet tot the Southeast corner of Lot 47, also being the Northeast corner of Lot 43; thence N88°44'53"W, along the line between Lots 47 and 43, a distance of 99.86 feet to the easterly right-of-way of Elm Lane; thence 70.21 feet along the arc of a 30.00 foot radius curve, concave to the Southwest, (the long chord of which bears N66°30'20"W, 55.25 feet), to the true point of beginning. Lots 52 & 53 LEGAL DESCRIPTION Lot 38, DESCHUTES RIVER TRACT, DESCHUTES COUNTY, OREGON TOGETHER WITH: A portion of Lot 43, DESCHUTES RIVER TRACT, located in the Southeast Quarter (SE'/4) of Section 31, Township 16 South, Range 12 East, of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at the Southeast corner of said Lot 43, also being the Northeast corner of Lot 38; thence S.891 5 P 14" W, along the line between Lots 43 and 38, as shown on the plat of DESCHUTES RIVER TRACT, 190.00 feet to a point on the South line of Lot 43, also being the Northwest corner of Lot 38; thence N 00° 45' 44" W, 67.00 feet; thence N 89' 51' 14" E, 143.53 feet to the East line of Lot 43; thence S 35' 18' 12" E, along the East line of Lot 43, a distance of 81.95 feet to the point of beginning. CORRECTED LEGAL EXHIBIT "A" A parcel of land located in the Southeast Quarter of Section 31, Township 16 South, Range 12 East of the Willamette Meridian, being a portion of Lot 47, DESCHUTES RIVER TRACT, Deschutes County, Oregon, described as follows: Beginning at the Southwest corner of said Lot 47; thence Noah, along the West line of Lot 47, a distance of 93.00 feet; thence N 78° 13' 40" E, (N 78° 24' 00" E,114. 06 feet, Deed Volume 2013, Page 33419, Deschutes County Official Records), 114.13 feet to the North line of said Lot 47; thence N 890 51' 14" E, along the North line of said Lot 47. a distance of 47.13 feet to the westerly bank of the Deschutes River; thence S 49° 1.7' 38" E, along the. Westerly bank of the Deschutes River, 104.08 feet; thence S 460 26' 4 1 " W, 62.95 feet to the North line of Elm Lane; thence 8.26 feet along the arc of a 30.00 foot radius curve concave to the southeast (the long chord of which bears S 38° 32' 54" W, 8.23 feet); thence N 89` 36' 20" W, along the North line of Elm Lane, 187.01 feet to the true paint of beginning. TOGETHER WITH all that portion of Lot 51 DESCI IUTES RIVER TRACT, Deschutes County, Oregon, lying South of the following described line: Commencing at the Southwest comer of said Lot 51; thence S 890 58' 00" E,111.73 feet to the true point of beginning: thence N 78" 24' 00" E to the westerly bank of the Deschutes River and the terminus of this description. Containing 0.54 acres more or less. EXHIBIT "A" LEGAL DESCRIPTION FOR THE VACATION OF ALLEYS IN LAIDLAW Alleys in Block 2 and 3; Thirty feet abutting Lot 12, Block 1; Thirty feet abutting lots 1 and 12 Block 2; Thirty feet abutting lots 1 and 12 Mock 3; located in the plat of Laidlaw (Tumalo). SUBJECT TO the reservation of a utilities easement in and upon all of the property; for the purposes of continuing, constructing` installing, maintaining, repairing, reconstructing, replacing, enlarging and. altering; wires, poles, pipes, lines, structures, casings supports, equipment, facilities and appurtenances; at the present and in the future; necessary or convenient; to Deschutes County, a political subdivision of the State of Oregon, its agents, licensees and permittees; forever. EMUBIT A Parcel 1: - ---- - ---- Lots 1, 2, 3, 4, and 5 in Black 11 ofTowmsite of Laidlaw, Deschutes County, Oregon, to6yether with that portion of vacated Bruce Avenue accruing to said lets. EXCEPT that portion of the vacated alley accruing to said lots. Ta.X. Account number: 16-12-31-AO-01500 Also known as:19849 31 St. Parcel 2' Lots 1, 2, 1, 4 and 5 in Block 21, TOGEUfA WIT14 thiit' portion of Avenue adjacent thare to vacated by Deschutes. County Commissioner` Order dated April 2, 1973, and that portion of Sixth Street adjacent thereto vacated by Deschutes county Commissioners' Order dated .Rune 14, 1971, which inured to said lots upon the vacation thereof, all Located in the 'TOWNSI.TE OF LAIDLAW, Deschutes County, Oregon. That portion of the Northeast Quarter (NE 1/4) of Section Thirty—one (315, "Township Sixteen (16j South, Range Twelve (12) East of theWillainette Meridian, Deschutes County, Oregon, described as follows:Co"encing at the Northerly corner of Lot 61 of Deschutes River Tract:; thence North 89' 58' West along the Northerly line of Riverview Avenue, a distance of 41.00 feet; thence North 00° 13' East, a distance of 129.43 feet to the Southwesterly side of the .Deschutes River, in said Northeast Quarter (NE 1/4)of said Section 31 and the true point of beginning; thence South 00° 13' Wert,a distance of 129.43 feet to the North line of Riverview Avenue.; thence South 89° 58' East along the said North line, a distance of 20.5 feet; thence North 00° 13' East, a distance of 20.00 feet; thence South 87' 58' 20" East, a distance of 275.00 feet, more or less, to the centerline of the Deschutes River; thence Northerly along: said centerline to the Southeast corner of the land conveyed in the deed :to Deschutes County, recorded .Tune 4, 1969 in Book165 at page 23 of Deed Records; thence South 68" 01' 30" West, a distance of139.00 feet to the Southwest corner of said land conveyed to Deschutes County; thence South 14' .48' 24" East to the true point of beginning. .. _ . _ _.._ .._........._......_.. _.............. _.. _....__.... 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PGay= , ,° 6Q146 ] iW1201 g 4TH 11 L3466) STR€E - } -- z''-----°;=n,s<�. 1 108 sso0 11 3601 _, w \ 10 >i 19--:. --_ P1T9 15 7 1 y 20 '1 4 y 46OI _ 19 --. 7 Tf w 1 or, \\ J 120 `g 119 - 8 1 •B 17'yi 1i \ \\ OpOJi AC °3 5 --_ Ifi.-.- iB5.6 8 j0 toLLJ 1 Z 10 1-- 17bi - - �i52@OG. -"'iz td_z \ v VAC 122 ' Q � 1 050 AC g 5TH (4202) STREET 1\ e= ^ 700 Q Q' t 2d--- w �� - - �1 23 AM 4900 v 124 23 ' w a f2�1# 4 .�22__ -_ 42d1 -^j_- w ns+u9,I,t 4 21 Z 4 !I Li 2f M i vo b4 b 100 3701 ILA I t2j�p' i8 _ G 6 `I946Il. 6 9_ W �T 8 �44D11. 8 18 ¢ '14 tT 2 9 16 -'9 i� - 21'\ n �� d-- 10pA f5 10 6--- 9 i6 _- 1�4 P"I-fim 6600 -. 6TH STREET - s,A AMINO Q0 dSaZ 501 H M OCK LN G - LU Q a 0 _ IBIS m --- i O a 1U z 680o ri 1e,s = �Nn q to m 22 T9 c� 3� v _ -yG ---�6--- - - 59160 � 5002 a uos �� 6 it ____g - 8 b55I55 4 t;5 ai5 N o Pc 5 f ' 8 1 �ti _ GN IT -_"'70 �_-_-_ 9 7 5 LLI 7000 57 6900 �J ~ 5800Ai6Q s] -� 92-- C u3 58 BAILEY ROAD y� 7TH STREET"' s] $ ,Q ry PfNE L N N3B TT It901 j 6000 II t3 9� 6200_�j 11Z6201 830 b,0111Z 6301_ 6400 I W e7100 ]s g 7200 5902 e4 _ _ _ 5900 W __ 2_ p '_PT2T iPi 11 q. 690dP 2 iuee.-. Ot 2LIJ 5903 5911 3 >10 PT3 i10 +� t�49] 3 > ies 52 53 i PT J m Q \� 10 '� 2' 7500 7400 „ 7300 "O 54 'I 5904 5910 p 6100 r I s 8302 Pis'- 6102 : > s PTJ 9 0_ J 9 _ d `b P1d - 5t PT9 i� 4 4 s ,: 590PT 5'a 53909 0 ,°s °i>I18ip ', �;��\ IPTB R 5 le 303. 5 yd' s ti9 { s sn s b` 6906 1 59008s � g6101 +y IB7 _ AI �fr �, t\ 1- PT7 rae3 --Pi6 7 u3 -6 $ 7600 �7700\ �� 78 0 7900 sos°A re° a �,os poGn°ice 8TH STREET e ae 'CJ49'" �S> 6o=Prs?sst� PT51 la 504 503 P 502 ros as n us5 ts0 ,w jµ11 d]i PT it 3° PT 12 as 1 �h o-T1 a 3sB+ 121 da 1301 1� 1307 12 . i 5i �t 5000 44 $100 45 5200 46 �7 BEN COR P 5061W 507 501 2 XI 5 sro 71 I 1 a s $ P6360 7 I PT 11 LJ_o Ufa n 1 o-PT2 1 2. � i1, 222 .ELM.. LANE-2 T2 PT 10 2250]4 T10 o1PT3 px t---3� ypp 1 4 I�a;g 1 0 514 -- 9, y� .���y{-4Y,... 10 ..1I.. ,w tw ,w10 "es es \��' m T 4' �,. 1302 4 366 9 14 �✓ 590050. 5601 5500 5400 T PT9 PT4 100 515 1 tt g f 5600 PTa4353 ✓v i>I3o PT8 TS��P1" IPTS P'Igv%' I 5 I303 av 1 I v Y. _ PT43g I0E0 517 a I PT6'-g .w 39 40. 41 42 PT 43 :� /Y �011 PT6 7 8'° -- _ tl6 '�1 Mo f`A ( R9100 AiE° 9TH 01 01 ' w e. 33 3a 35 36 37 38 j S ] a 5900 6000 8100 8200 a 8900 �ya 10 r} „^ b` 0•� Ri - 403AC 1110Nr -='4 1tB4-- Q JUNIPER LANEfj �.'< re 2 w 12 _ t 12 12 + 7 n9 9E o Y _ V�Rsh 2 R 1 _ 2400 11 q4 d a C�� 0>). _ (1t11a5 71 1 1 1 3v ' ,J0 t f 7JAc -v�ik 10 •' w �00 OOat0 2if6vAc Y" L`'Bx, ,-(U1 10 3 w 4.°'�9 s-pU �,aa� �:31� I 31 32 o 51`0-Ig g I p-' 1 5 g 5 103 1 156 7100 21•'3 7200 22 7300 r 23 �740 24 $2y R �---ge e7 a 6-0Id7 a.9t not it CED RN 4g —A,ED 10TH ST - r 1401 aetoo�C.ehao ° 7960'� 7800'� n noo' I .¢8�� 1133A g` 3 140 2 17"^0- 2)s- so 18 .to ,6i 6o 2021 1- 3Iiz87Ac8 10 O 1300 6 270]ACN 8200 1)g PT 8300 6400 13 (��(/� Q8'/f p b---4m a 1 a 9-- �l� 4 �(8709 ,2 PT,21� BI RCH� 1✓`T" j� 6�5 A l 5 8 �'%3 5 4900- //� �� si of - 1w ,Ries W b----d _� Ad---bd--- S ,.9000 8900 c 6600 8700 svACATe -AC11TH STg �y .y 150� gt' a p10 Y---------- 1-� i 12 3 21 5l-�F41 it99.t0 It53 9500 9400 _ 5 rryz81-21\33-02�U�1gb$18118 I qI 5 6202U267Q soI h A , rED 0 � t a,m 12 < 3 ^� 4901 3 g \ 21 I,13i S� 1 LLI y---344t0 �56 PTPARCELI -- ,L b p 1 �--T - 1 �L 4 8-_-4 �IW 9 - 1� 4 4 1- 6 cj --68 _. ..saw.... ,acnre° a Tumato Basin sewer District Formation Petition Signature Summary Date:413012024 Jeannine Fraley 64790 Bruce Ave 161231AO00701 Bend OR 97703 0.39 Y N 1 Robert Fish Jean MW Fish 19850 2nd St 161231A000702 Bend OR 97703 0.48 Y Y 2 Anthony Norris 64785 Gook Ave 161231A000800 Bend OR 97703 0.88 Y N 1 Mark Houser Toni Houser 64786 Wood Ave 161231A000900 Bend OR 97703 0.88 Y Y 2 Jeff Brandon Twila Brandon 64795 Wood Ave 161231A001100 Bend OR 97703 0.48 Y Y 2 Harriet Gummus 19806 2nd St 161231AO01103 Bend OR 97703 0.39 Y Y 1 Dale Peer Dixie Peer 64711 Wood Ave 161231AO01300 Bend OR 97703 0.39 Y Y 2 Breanna Pollock 64741 Cook Ave 161231AO01800 Bend OR 97703 0.49 N Y 1 Lauren Ketley John Kelley 64767 Cook Ave 161231AO01900 Bend OR 97703 0.26 Y Y 2 Tamara Turney Jason Turney 19849 2nd St 161231AO01901 Bend OR 97703 0.52 Y Y 2 Kurt Lowrie Robin Sappington 64757 Cook Ave 161231AO02000 Bend OR 97703 0.52 Y Y 2 Nena Close Ron Close 64695 Wood Ave 161231AO03600 Bend OR 97703 0.39 Y Y 2 Jacob Minkoff 64699 Wood Ave 161231AO03601 Bend OR 97703 0.39 Y Y 1 Lori M Walls 19825 5th St 4 161231AO03800 Bend OR 97703 0.57 N Y 1 Steven Davidson 19860 7th St 161231AO05500 Bend OR 97703 0.51 Y Y 1 James A Crouch 19875 7th St 161231AO06300 Bend OR 97703 0,18 Y N 1 Jim Grouch 19885 7th St 161231AO06301 Bend OR 97703 0." Y N 1 Penny Ferguson 19922 Fir Ln 161231AO07400 Bend OR 97703 0.39 Y Y 1 Chris Tyree 19908 Fir Ln 161231AO07500 Bend OR 97703 0.36 Y Y 1 Sophie Paez 19919 Fir Ln 161231AO07700 Bend OR 97703 0.45 Y Y 1 Robert J Faddis Lucinda Bennett 19910 Elm Ln 161231DO05000 Bend OR 97703 0.44 Y Y 2 Timonthy Smith 19920 Elm Ln 161231DO05100 Bend OR 97703 0.40 Y Y 1 Bethany Brady Ashtey Rieger 19930 Elm Ln 161231DO05200 Bend OR 97703 0.40 Y Y 2 Shawn Varner Bonnie Varner 19951 Elm Ln 161231DO05400 Bend OR 97703 0.57 Y Y 2 Shawn Varner Bonnie Varner 19939 Elm Ln 161231DO05500 Bend OR 97703 0.44 Y Y 2 Martha Lee Gross 19933 Elm Ln 161231DO05600 Bend OR 97703 0.47 Y Y 1 Thomas C Wright 19919 Elm Ln 161231DO05601 Bend OR 97703 0.46 Y Y 1 Melissa McNally Daniel McNally 19909 Elm Ln 161231DO05800 Bend OR 97703 0.43 Y Y 2 Mara McCkloskey-Becker 19930 Juniper Ln 161231DO06100 Bend OR 97703 0.36 Y Y 1 Betsy Maurer 19940 Juniper Ln 161231DO06200 Bend OR 97703 0.36 Y Y 1 Betsy Maurer N/A (19950 Juniper Ln) 161231DO06300 Bend OR 97703 0.37 Y Y 1 Sharon Dunlevy 19962 Juniper Ln 161231DO06400 Bend OR 97703 0.82 Y Y 1 Area Represented by all Signatures 14.88 acres Area Represented by Landowner Signatures 13.82 acres Total Acreage within Proposed District Boundary 50.39 acres of District Acreage Represented by Landowner Signatures 27 45 Total Signatures 3 Duplicates 42 Unique Signatures 40 Owner Signatures 38 Elector Signatures �am,t)z" LOWON NOISSIWPVO� gal VljJ,tj%" NOD3NO - 3nsnd kUVJ.ON $SOHO dWv ldl0l.tjG (ueIs X.11310ti xUJV)a.mleu�iS sy,•y� S")Iid C,] UOISSIUIl1103 AN � p - lWoillv,�( U!N30 ,kep sn{t out xjpq NmomS nNv aaunosunS Jo aluls r,r ! , ;o ,flunoz) 01i11L'U ci1S '09118SJ1(I tlll llf os pip tloppad sup p3ti is oilm uoslod daana putt •uopilod siq cL� as 000w- allLLJ7_ 40 v pOw � I - —t�1 Ybu , ZQ:e 0�� zwOw E—W o- a af<Q• z<0 .x- . 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'U2 CA VC ( ;�- t H Q z ,k m Lbol It 3HAF mw StUtot 'ON I Noma - al i a39MONaot p 4= 1% cd "a w 0 0 9 (3 NOISSMO) AW aissfwwu d A1lVION ulP1S L'l0U J3� IIS '1 V13WVd «o�ssiuttuo7 �w__ uo )ON 30 ( p sigl OLU Qoq h-so a a iffis , 3o olms -'_(' - 3o dlunoo W:ojflluu�ts •aauasaad Atu ul x O os pip uollllA sigl pauSls ogm umad Aaana puu uollllaPR W ++ O :11-14 O O O I O X<:CD47yzO2 G aNd ; HHFMaN¢ z a�z--¢x�z �� x i 1 c2.i i 1 ai ai a'i A A A r=1 A ZL� COO v H P. A to A A A A A N` \ a b y v v Z v zr v �• Y i it: c) cn a Attachment D Economic Feasibility Statemej Economic Feasibility Statement Prepared for Tumalo Basin Sewer District Prepared by Parametrix 150 NW Pacific Park lane, Suite 110 Bend, OR 97701 T.541.508.7710 F. 1.855.542.6353 www.parametrix.com April2024 297-2509-012 Economic Feasibility Statement 7umalo Basin Sewer District Economic Feasibility Statement. Prepared by Parametrix Bend, Oregon. April 2024. April 2024 297-2509-012 Economic Feasibility Statement Twnato Basin Sewer District 1. SERVICES AND FUNCTIONS OF THE PROPOSED DISTRICT.................................................................2 1.1 Background......................................................................................................................................2 1.2 Service Area and Phasing.................................................................................................................2 1.3 Services and Functions Performed..................................................................................................4 2. RELATIONSHIP TO OTHER GOVERNMENT SERVICES........................................................................4 2.1 City of Bend......................................................................................................................................4 2.2 Laidlaw Water District......................................................................................................................5 2.3 Deschutes County............................................................................................................................5 3. ECONOMIC FEASIBILITY STATEMENT..............................................................................................5 3.1 Annual Operating Budget................................................................................................................5 3.2 Revenues........................................................................................................................................13 3.3 Operational Expenses....................................................................................................................15 3.4 Capital Project Costs......................................................................................................................15 3.5 Debt Repayment............................................................................................................................16 3.6 Reserves.........................................................................................................................................16 3.7 Public Infrastructure Funding Programs........................................................................................16 3.8 Summary........................................................................................................................................18 LIST OF FIGURES Figure 1. Initial Sewer District Service Area...........................................................................................3 Figure 2. Annual Operating Budget Graph.............................................................................................6 Figure 3. Summary of 2020 Census Data for the Tumalo CDP.............................................................14 LIST OF TABLES Table 1. Annual Operating Budget.........................................................................................................7 Table 2, EDU Estimate Summary Table................................................................................................13 Table 3. Project Cost Breakdown.........................................................................................................15 LIST OF EXHIBITS Exhibit A - Map of Proposed District with References to EDU Calculations Exhibit B - EDU Calculations for Residential & Vacant Properties Exhibit C - EDU Calculations for Commercial & Institutional Properties April 2024 297-2509-012 1 Economic Feasibility Statement 7umalo Basin Sewer District April 2024 1 297-2509-012 Economic Feosibifity Stotement Tumalo Basin Sewer District 1. SERVICES AND FUNCTIONS OF THE PROPOSED DISTRICT 1.1 Background The unincorporated community of Tumalo, Oregon, does not currently have a public sewer system, leaving all businesses and residents dependent upon onsite systems (septic tanks with drainfields, drill holes, or sand filters) for wastewater treatment and disposal. The increasing age of septic systems is resulting in onsite system failures and exorbitant repair/replacement costs. The high permeability of soils in Tumalo also poses environmental hazards to groundwater and the nearby Deschutes River. The area has a relatively shallow groundwater table and is within close proximity to the Deschutes River. To further complicate matters, the area is platted with small lot sizes lacking adequate drainfield reserve area. Many lots have been denied Septic System approval by ODEQ and Deschutes County due to inadequate lot areas which limits the ability of new and existing businesses and residents to subsist in Tumalo. The downtown core area of Tumalo, which includes both commercial and residential zoned land, is not well suited for onsite wastewater disposal. Both Deschutes County and Oregon DEQ agree that for Tumalo, a community sewer is the only sound, long-term solution for wastewater collection, treatment, and disposal. In 2022, Deschutes County commissioned the "Tumalo Wastewater System Feasibility Study", which was completed by CONSOR. Based on the existing conditions at the time and analysis of projected future flows, CONSOR evaluated three alternatives for providing sewer to Tumalo as follows: 1. Developing a new collection system and expanding the existing Tumalo Property Owners Association (TPOA) Orenco Advantex treatment technology system. 2. Developing a new collection system and separate Orenco Advantex treatment system within the Tumalo unincorporated area. 3. Installing a new collection and pumping system which would send raw sewage from Tumalo to the future North Interceptor pipeline within the City of Bend. Ultimately, CONSOR recommended Alternative 3 although it is worth mentioning here that other options are available and further evaluation is warranted to ensure the most efficient and cost-effective solution for the Tumalo community. Once the District is formed, it can apply for technical assistance grants to fund planning and design of a sewer system for Tumalo. Currently, the formation of a new special sewer district is being proposed as defined by Oregon Revised Statutes (ORS) Chapter 450 and will be referred to as the Tumalo Basin Sewer District (TBSD). If approved, the District will have authority to manage and operate the system in whatever form it takes. The purpose of this Economic Feasibility Statement is to meet the requirements of ORS 198.749. 1.2 Service Area and Phasing The TBSD formation committee has identified an initial service area as shown on Figure 1, which features a mixture of residential and commercially zoned properties. This initial district boundary was delineated as it is to first include the areas where there is strong support for establishment of a sewer district and system, based on feedback from community members and the understanding of the sewer committee and consultant team. Once the District is formed, additional properties can be added to the District at any time in the future through an annexation process. April 2024 297-2509-012 Economic Feasibility Statement Tumato Basin Sewer District PROPOSED TUMALO BASIN SEWER DISTRICT BOUNDARY 41312024, 4:19:10 PM 1:9,028 0 295 590 1,180 ft District Boundary 0 90 180 360 m CM Tumalo Unincorporated Community Boundary Taxlots (Deschutes Co) f:xrl r;!rnmunny MAp [:cnlrx,ut5r5, 01a9on 51ua porNx, SIrSM 01 gra{,nn Ciro. V, Oti7< "w"'a1map. Ben romTun, tiarmn, siMOrapn. GeoTeUinUivalcn. lrc. MMINASA. USGS. Bureau of L*A M1ipneiJeme+N. M.. HPS. US C—, USDA, USFWS, Ody of 1k mi. On, V-11 P".—lna figure 1. Initial Sewer District Service Area April 2024 297-2509-012 Economic Feasibility Statement Tumalo Basin Sewer District 1.3 Services and Functions Performed The District will perform the following functions and provide the following services within its boundary: Provide a long-term, sustainable sanitary sewer collection, treatment, and disposal system as an alternative to the historic use of on -site wastewater systems which will improve the public and environmental health in the community. In particular, the District will: a. Apply for public technical assistance grants to fund sewer planning and design. b. Retain a civil engineer to prepare construction plans, specifications, and cost estimates for construction. c. Apply for public infrastructure grants and loans to fund construction of a sewer system. d. Retain an owner's representative/project manager to solicit contractor bids, manage construction schedules, inspect construction, and review contractor invoices. e. Obtain required construction and facility permits. f. Hire contractor to construct sewer system. g. Inform Tumalo customers of the schedule, costs, and technical requirements for connection to the public sewer system. 2. Manage, operate, and maintain the Tumalo community sewer system in accordance with the rules and regulations of ORS Chapter 450. In particular, the District will: a. Hold District board meetings to review and discuss system revenues, expenses, issues, capital improvement plans, etc. and make formal decisions regarding the sewer system. b. Bill customers for hookup fees and monthly sewer service charges, with contracted assistance from utility billing service contractors. c. Operate and maintain the sewer system through proactive and reactive activities, with contracted assistance from a qualified maintenance contractor. d. Maintain regulatory compliance for all infrastructure and required facility permits. s RELATIONSHIP TO OTHER GOVERNMENT SERVICES There is the potential for TBSD services to overlap with existing districts and government agencies in the area. The existing entities that have potential to provide services and functions that relate to the TBSD are the City of Bend, Laidlaw Water District, and Tumalo Property Owners Association (TPOA). 2.1 City of Bend As noted above, pumping raw sewage to the City of Bend collection system, which in -turn flows to the City's central wastewater treatment plant, is one alternative to be considered. This would require coordination between TBSD and the City of Bend to enable a viable community sewer system for Tumalo. Additional coordination / permitting with Oregon Department of Transportation is required for this alternative. Further, an intergovernmental agreement (IGA) between the City of Bend and the proposed TBSD will be necessary to describe the terms, conditions, and costs for the City of Bend to provide wastewater treatment and disposal. A portion of District revenues from monthly sewer rates and connection fees will need to cover the expenses for wastewater treatment and disposal provided by the City of Bend under this scenario. April 2024 297-2509-012 Economic Feasibility Statement Tumalo Basin Sewer District 2.2 Laidlaw Water District The Laidlaw Water District provides clean drinking water and fire protection to its customers in Tumalo. While there are no other overlapping services at the outset of the new sewer system operation, there is potential for administrative and billing cooperation between the two districts. At the time of this Economic Feasibility Statement, however, no coordination or agreement between the two districts is planned. The operating budget assumes that no administrative, operational, managerial, or financial services will be shared by the two districts. In accordance with ORS 450, there is a legal pathway for the Laidlaw Water District and Tumalo Basin Sewer District to form a joint water and sanitary authority via district consolidation - if both districts desire to do so and required votes and approvals are obtained. 2.3 Deschutes County Deschutes County Environmental Health has jurisdiction over all existing on -site sewage systems and will play a part in approval for decommissioning existing systems as homes and businesses connect to a future community sewer system. In addition, Deschutes County Road Department has jurisdiction of public right of way and will need to approve any construction activities therein. a ECONOMIC FEASIBILITY STATEMENT This section evaluates the economic feasibility of the proposed Tumalo Basin Sanitary District and presents a financial framework for the delivery of the services and functions described above. It is beyond the scope of this Economic Feasibility Statement to evaluate and select a preferred sewer system design alternative for the proposed Tumalo Basin Sewer District. Rather, this analysis estimates the funding capacity of the initial District at start up as well as estimated potential development within the initial District over the course of the ensuing 10-years. 3.1 Annual Operating Budget For the proposed wastewater system to be economically feasible, it must be able to cover operating expenses and debt service with revenues from connection fees and monthly sewer rates. The main components of the annual operating budget include revenues, operational expenses, capital project costs, debt repayment, reserves, and grant funding. Each of these six components are described further in the sections that follow. An annual operating budget (Budget) was prepared to illustrate 10-year cash flow projections based on different levels of grant funding, sewer rates, and SDCs. This operating budget assumes a combination of loan and grant funding for an assumed $5 million sewer system project. By securing more grant funding, the District can minimize its debt burden and the reimbursement fee component of SDC charges, which would translate to more affordable monthly rates and SDCs for its customers, respectively. In this 10-year operating budget, it is assumed that project funding would occur in 2026, construction would occur in 2027, and customer connections would begin upon system startup in 2028. Figure 2 below illustrates how debt service and O&M expenses could be covered by operating revenues within the Budget. The initial years are the most financially critical for new Districts when debt payments are due and revenues sources are being established. Over the years, revenues and operating costs are expected to increase as more equivalent dwelling units (EDUs) connect to the system, while annual debt service decreases slightly year -over -year as loan principal and related annual loan fees are reduced. April 2024 297-2509-012 $250,000 $200,000 $150,000 $100,000 $50,000 $0 Economic Feasibility Statement Turnalo Basin Sewer District N Operating Revenues FADebtService NOW 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Figure 2. Annual Operating Budget Graph At startup, 139 EDUs are anticipated to connect to the collection system. EDUs are assumed to increase by approximately 10 each year within the initial district boundary for the next 10-years. Sewer rates are projected to increase 3% per year to adjust for the inflation of the cost to provide services. Anticipated operating revenue is based on the monthly rates and number of EDUs connected to the sewer system. As a new wastewater system there are no existing revenue streams and customer participation in the system will start small and increase over time. Consequently, a relatively high level of grant funding will likely be necessary to establish this new system with rates and fees that are affordable to Tumalo customers. Please see Section 3.7 for a summary of public infrastructure funding programs that Tumalo may be eligible for. April 2024 297-2509-012 6 d ba to bA Q O m N N to sF N sF Oi N 00 r to tD M h tD h Qp C? C;00 ri'! N w CD 00 r vi P� VS tO M CPS VS V► Vl m . O co N O1 �- N P O O CO (O tQ N Ct0 O 00 r M O P f� O O O O -t' f•� O Cl N O U7 4 N IA 6f t7f P to V' rNN P OVA' t V) 00 00 rp C r N Vi N N W Q r ti tl' N cOvp � r �j VS VS VS V! VS V? y�(i• m n �P�pp fA M (M!f to cA Iw r et N O h O to O O pO O NN C? Q i� � I+ co �f Q 4'J ....; M r ya IA by O M O V; OO (0 10 I+ (+ Grp C. O N Or if 00 !, N fV NN r h 0) m � f+r M N cv N VS dt VS VS bS N VS O h v h M M rn lP W N ahi r N chi Of O O O r r P h M Co C] 1z Vi 00 Cl) W CFI Os w 0 h h co tt> nn O n� OO O O N N CP m P r H V! r VS V) VS VS Om '� M �t'� ONO N LOh h r-i0��pp O$ a OOo 00 pQ w .,M. .— 0) N trA tM9 tM... IA CDO •a co 6 r rzfi 4D 16 fi� N(0 00 VS r VS VS Vi VS dt VS �jO) Oho r M CO ti M tO M m mM 0 co O Q, h 0 N V' 000 O ONN 00 C? h h M M d' e Op r r 61 r O N h 00 OO C 00 O o ..gy�}p 00 el' O1 r V4 r O P CO Tr 6i r lO Nf h CO nn 00 n n ^ CD r N ffl 00 l0 44 r VS VS VS VS VS VS pm �t h rPto M M M t m to�i O 0cpppopp N 00 OO h ®Qp OOO t OC.s Cl) co O Np M �h-• .,N•• tMfi 10 OOD OhO ti N N tD aN0 N V' r 401 M !A V► Vp! Vi Oy g* O p !O N �' ems- coh P p M O O O O C? O ~M 6 M r r p Oppp O rt; V'• �y f!? f0 pp r m m P O O O g O r M .qNN �M a VS VS /A VS VS U r to tf# G 1 I 1 1 I 1 1 ' C, 0 000 C O O i3 V O ®O® O O Q U VS VS d? dS H60 p� O C> 0 008 O °B O C Np 1 1 1 1 i O M O p S pp O N !V r M Ui tt> VS VS VS Vi CPS Vi V3 N h C q, I i W act O O C m to a c Z► Q v fn C C od O 0 O C a LL CAa 0 O OI y ch !tl It o > U m o `—C° > croi d y U X is o+ o c to otS a> a U ea > �' U. Z a c C m C ro 0 C:ro N� d> N N O ro > m 01 N G m c a v a w c � �[ m d w o V 0 1 !-0w m OU O a a OU3U .0 C/ wa 79 E 0 lP Economic Feosibility Stotement Turnalo Basin Sewer District 3.2 Revenues Equivalent Dwelling Unit (EDU) estimates were prepared to approximate the existing sewer customer base within the proposed District Boundary. Properties were categorized as Residential, Vacant Residential, Commercial, and Institutional, based on their zoning and development status. Please see Exhibit A for a map of the proposed District and references to each property included in the EDU estimate tables shown in Exhibit B (Residential & Vacant EDUs) and Exhibit C (Commercial & Institutional EDUs). Table 2 below summarizes the existing, additional, and full-buildout EDUs for each category. In the initial service area, there are approximately 50 existing residential dwellings and 22 existing commercial / institutional users. Based on various design standards (primarily City of Bend), there are 50 existing residential EDUs and approximately 89 existing commercial / institutional EDUs. The total of existing residential and commercial / institutional EDUs is estimated to be approximately 139 EDU in the initial service area. At build -out within the initial District area, it is estimated that there will be a total of approximately 174 residential and 116 commercial / institutional EDU for a total of 290 EDU, Table 2. EDU Estimate Summary Table Category Existing EDUs Additional EDUs Full Buildout EDUs Residential 50 124 174 Commercial 56 25 81 Institutional 33 2 35 Subtotals 139 151 290 By definition, each residential dwelling is counted as one EDU. The quantity of EDUs associated with commercial and other users is estimated using City of Bend, Oregon DEQ, and other pertinent flow estimation standards, based on the current use at each property/establishment. Additional Residential EDU estimates assume that 1 EDU could be added to each 2,500 square -foot vacant lot or vacant portion of residential lots. Additional Commercial and Institutional EDU estimates assume that each acre of undeveloped commercial land that is developed in the future would produce 427 gal/day and that 1 EDU is represented by 130 gal/day of sewer flow (per City of Bend Stds & Specs Table 4-1). For the purposes of this study, it was assumed that small businesses under common ownership with average flows equal to or less than that of an average residence would be charged system development charges (SDCs) and monthly rates rounded up to one EDU. Larger businesses under common ownership with average flows greater than that of an average residence will be charged SDCs and monthly rates accordingly, rounded up to the nearest whole number and ranging from 2 EDUs or more, depending on the use classification and size of facility. The District may consider alternate methods for calculating commercial EDUs, such as water meter size (for simplicity) or septic system design flows (for more direct correlation to wastewater generation). However, it is important that any alternate EDU calculation method result in sufficient annual operating revenues and SDC revenues to cover operating expenses and capital costs, respectively. According to the U.S. Environmental Protection Agency, if the annual sewer service cost per household is less than 1.0 percent of the median household income (MHI), it is assumed that the project is not April 2024 297-2509-012 13 Economic Feasibility Statement Tumalo Basin Sewer District expected to impose a substantial economic hardship on households. If the average annual sewer service cost per household exceeds 2.0 percent of median household income, then the project may place an unreasonable financial burden on many of the households within the community. When the ratio falls between these values, communities are expected to incur mid -range impacts and a secondary test is often performed that includes debt indicators, socioeconomic indicators, and financial management indicators. Various state and national funding agencies have adopted an affordability threshold that falls within this range. According to the 2020 American Community Survey (U.S. Census Bureau Table S1901), the MHI for the Tumalo Census -Designated Place is $62,379, although the boundary roughly matches the unincorporated community boundary, the proposed district is focused in the core area of commercial and residential properties. Even so, it is considered a reasonable representation of demographics for the purposes of this study. See Figure 3 below. Based on the affordability thresholds described above, a 1 to 2 percent annual sewer service cost as a percentage of Tumalo MHI would correlate to a monthly sewer service cost between $52 and $104 (per residential service, or one EDU), Therefore, sewer rates should be set within this range to be affordable to ratepayers while also being sufficient to result in a DSCR greater than one for debt repayment. Populations Intl People tried and Poverty 558 $62,379 En!loymant r .. Housing 5 ; 6t.or l , t zaB Fc; � .P._.-r�� �.�., Can r-� ;,}.;a r, r, 51'co•fs-nt:e: !t, PO_c } ti.,ti' �: Conus Fanulles and living Arrange rents Race and Etholcay �. aoB 37 r Es.,�ar.� Figure 3. Summary of 2020 Census Data for the Tumalo CDP Source: US Census Data Website (Source Tables in Blue), https://data.census.gov/profile/Tumalo_CDP,_Oregon?g=160XX000S417505O A monthly rate of $80/EDU was assumed for the purposes of this Economic Feasibility Statement. This monthly rate is comparable to other regional communities and translates to an annual cost per household of $960, which represents 1.54 percent of the median household income in Tumalo ($62,379 per 2020 U.S. Census Data). Estimated annual revenues with 139 EDUs each paying $80/month are calculated as follows: 139 EDU x $80/EDU/month = $11,120 / month = $133,440 / year When the District is formed and moves forward with the design and construction of an initial wastewater collection and treatment system project, an SDC will need to be established to help cover costs for this project and allocate funding for past and future capital projects. A detailed SDC analysis is beyond the scope of this preliminary engineering report. An official SDC study will be performed in the future when actual costs, funding sources, full buildout EDUs, etc. are better understood. An SDC fee of $8,000/EDU was assumed for the purposes of this Economic Feasibility Statement. Initial revenues from SDC fees is calculated as follows: 139 EDU x $8,000/EDU = $1,112,000 April 2024 297.2509-012 14 Economic Feasibility Statement Tumalo Basin Sewer District The Budget models 10 new EDUs being connected to the sewer system per year, as well as 3% annual increases to sewer rates and SDC fees to keep up with the inflation of costs for district operations, system maintenance, and future system expansion. 3.3 Operational Expenses Operational expenses shown in the Budget are broken up into two categories: Personal Services --This includes utility billing services, personnel costs, administrative costs, accounting, legal fees, interest, utilities, office supplies, printing, and professional services among other tasks. An estimate of $84/EDU/year was used to budget funds for these personal services, with 3% annual increases to account for inflation. Because of the small scale of the district area at startup, contracting with the Laidlaw Water District or a third -party billing and customer call center service may be cost-effective option for the District to provide these services. This results in a budgeted annual personal services expense of $11,676 assuming 139 EDUs at startup in 2028. Materials and Services — This includes sewer system preventative maintenance and reactive maintenance of the sewer collection and treatment system. An annual cost of $350 per EDU is assumed for sewer system maintenance by licensed contractor, with 3% annual increases to account for inflation. This results in a budgeted annual materials/services expense of $48,650 assuming 139 EDUs at startup in 2028. 3.4 Capital Project Costs For the purposes of financial modeling for this Economic Feasibility Statement, a sewer system construction project cost of $5 million has been assumed in the Budget. Table 3 below provides a hypothetical breakdown of this assumed $5 million project cost. Table 3. Project Cost Breakdown Construction Estimated Cost Sewer Collection System $1,800,000 Service Connections $347,500 Treatment System $1,423,929 Construction Subtotal: $3,571,429 Contingency (20%): $714,286 Survey & Engineering (10%): $357,143 Construction & Funding Administration (5%): $178,571 Legal & Permitting (5%): $178,571 Estimated Project Total: $5,000,000 This discrete dollar figure for capital costs was used for the purposes of this economic feasibility statement. However, the actual project costs are likely to range from $3.5 million to $7.5 million, based on Class IV cost estimating standards (-30% to +50%). It must be recognized that opinions of probable cost are preliminary and based on the level of planning presented in this study. Due to the nature of fluctuating economic conditions, the competitive bidding process, the preliminary nature of this planning document, and other unpredictable conditions, actual total project costs may vary from April 2024 297-2509-012 15 Economic Feasibility Statement Tumalo Basin Sewer District estimate presented here. As the project moves forward with design and detailed cost estimates, it will be necessary to update the costs and operating budget accordingly. 3.5 Debt Repayment The Budget assumes that a $1.8 million infrastructure loan would be taken with a 30-year term,1.39% interest rate, and a 0.5% annual fee based on the principal balance. These loan terms and rates are typical of Clean Water State Revolving Fund loans for design or construction in small communities below the statewide MHI, as published on the DEQ website for the period of April 1 through June 30, 2024. According to the 2020 American Community Survey (U.S. Census Bureau Table 51901), the MHI for the Tumalo Census -Designated Place is $62,379 and the statewide Oregon MHI was reported to be $76,632. Based on these loan assumptions the maximum annual debt service is calculated to be $78,088 in 2029. Debt service in 2028 is much lower, because only interest payments are typically due within the first 12 months following project completion (for CWSRF loans). For this program, borrowers begin repayment six months to one year after project completion, based on an amortization schedule provided by DEQ. The annual debt service can be reduced by applying SDC revenues toward loan principal paydown. The Budget assumes that SDC revenues are applied the CWSRF loan principal balance in the amount of $1.1 million in 2028, followed by $60,000 per year thereafter. Public infrastructure lending agencies, such as Business Oregon, generally require utilities to set user rates sufficient to generate net revenues (operating revenues minus operating expenses) in excess of annual debt service to provide some level of funding contingency. This is referred to as "debt service coverage". The debt service coverage ratio (DSCR) is the ratio of net revenue available (after covering operating expenses) to the debt service. Lending agencies require the DSCR to be at least 1.00 in all years budgeted. The proposed Budget maintains a DSCR ratio of 1.03 or better for all years. In 2029, DSCR is at its lowest (1.03) when full amortized loan payments begin (including principal, interest, fees) and the system is only in the second year of being operational and connecting customers. However, in the following years, the DSCR ratio increases each year as additional connections increase revenues and debt service decreases as principal is paid down. 3.6 Reserves An additional $100,000 is allocated in the long-term loan amount for the purpose of establishing a debt service reserve. A debt service reserve is an amount specifically set aside to cover debt payments in the event of a disruption of cashflows to the extent that debt cannot be serviced. This debt service reserve is a key component of a project finance model and is usually required by lenders. This $100,000 reserve is 5.56% of the $1.8 million assumed loan principal and roughly 1.28 times greater than the $78,088 (maximum) annual debt service obligation. With this initial debt service reserve allocation, the end fund balance is.kept at or above $100,000 for all years. Additionally, $20,000 is set aside per year as capital outlay toward the future replacement of short-lived infrastructure assets, such as manholes, valves, and wastewater treatment components. 3.7 Public Infrastructure Funding Programs To establish a financially viable sewer district and sewer system in Tumalo with affordable sewer rates and SDC fees, it will be critical to secure low -interest loans and a high percentage of grant funding. April 2024 297-2509-012 16 Economic Feasibility Statement Tumato Basin Sewer District Business Oregon facilitates One -Stop meetings to quickly and efficiently identify infrastructure funding solutions for communities. Funding partners such as USDA-RD and DEQ are also included in One -Stop meetings. Once the District is formed, it can schedule a One -Stop meeting with the IFA and attend with the board members, consultants, partner agency staff, and this document. After the One -Stop meeting, the District will be invited to submit funding applications to the funding programs identified by agencies as most suitable for the proposed project. Most likely, financing will come from a combination of sources. The Budget assumes $3.3 million in grant funding can be obtained for the sewer system project, including a combination of principal forgiveness (up to $2M) and other grant sources. Below is a summary of potential grant and loan funding resources available for wastewater infrastructure projects. Oregon Department of Environmental Quality (DEQ) DEQ provides water/wastewater funding options through the Clean Water State Revolving Fund. This program has seen an influx of federal funding resulting from passage of the $1.2 trillion Infrastructure Investment and Jobs Act in 2021, which included $55 billion for water and wastewater infrastructure projects across the country. The program provides low-cost loans to public agencies for the planning, design, or construction of various projects that prevent or mitigate water pollution. DEQ partners with Oregon communities to implement projects that attain and maintain water quality standards and are necessary to protect recreation, fish habitat, drinking water, and other beneficial uses. A wastewater treatment facility is an eligible project under this program. These loans are offered with 5- to 30-year terms and annual interest rates ranging from 0.60 percent to 2.31 percent. As with the other funding agencies, reduced interest rates may be available depending on the income levels in the project area. Projects that meet affordability and green/sustainability criteria are eligible for up to $2 million in principal forgiveness. Oregon Business Development Department — Infrastructure Finance Authority (OBDD-IFA) Community Development Block Grant (CDBG) funding is administered through OBDD-IFA. Federal CDBG program rules limit program assistance to activities that are necessary to benefit current residents in a primarily permanent -resident area. The program also requires meeting the federal objective of serving low- and moderate -income persons. This means that the service area of the system must serve an area where more than 51 percent of the permanent residents are low- and moderate -income persons now and into the future. With the available census data, it is uncertain whether incomes in the Tumalo service area will meet this requirement. "Low income" means income equal to or less than 50 percent of the area median (adjusted by family size). "Moderate income" means income equal to or less than 80 percent of the area median (adjusted by family size). Applicable income limits are determined by the U.S. Department of Housing and Urban Development on an annual basis for all Oregon counties and metropolitan statistical areas. Because the Tumalo area is unincorporated, there is limited data available to determine the median income in the area. For the District to be able to apply for CDBG funding, an income study will be required by the funding agencies to determine the community's income level. The maximum grant available through the program is $2,500,000 (for the category, Public Works Water and Wastewater Improvements). OBDD-IFA is also responsible for administering the Special Public Works Fund Program, which is funded by capital from the Oregon Lottery. Loan funds are normally available through this program to be used by cities and counties for public utility improvements, and the program also offers grant funds once loan capacity limits are met. The maximum grant is typically $500,000, and the maximum loan is typically $10 million. Grants cannot be more than 85 percent of the total project cost. Funds can be made April 2024 297-2509-012 17 Economic Feasibility Statement Tumalo Basin Sewer District available for the purpose of improving public facilities so the service provider can serve additional commercial and industrial businesses. Eligibility for these funds is tied very closely to the need for economic growth and the creation of new jobs or retention of jobs. Grant funds are typically limited to $5,000 per job that is retained or created. Depending on the capability of the District to demonstrate the creation of new family -wage jobs or the retention of existing jobs, this funding program may be a possible option for the District. OBDD-IFA offers low -interest loan options through the Water/Wastewater Financing Program. The loan program funds the design and construction of public infrastructure needed to ensure compliance with the Safe Drinking Water Act or the Clean Water Act. In order to be eligible for funding, a system must have received, or be likely to receive, a Notice of Non -Compliance by the appropriate regulatory agency. The maximum loan term is 25 years, and the maximum loan is $10 million. Grants of up to $750,000 may be awarded based upon a financial review and must be matched 1:1 with a loan from the program. A median household income survey is required for this program to determine what the required affordability rate is and any potential for grant assistance. U.S. Department of Agriculture — Rural Development (USDA-RD) USDA-RD offers affordable funding to develop essential community facilities in rural areas. It offers direct loan options with terms up to 40 years at annual interest rates at and below market rates. Grant assistance is also provided on a graduated scale with smaller communities with the lowest median household income being eligible for projects with a higher proportion of grant funds. An income study of the project area would determine how much of the project would be eligible for grant assistance. Congressional Funding Requests In the realm of infrastructure funding, Senators and House Representatives play important roles in securing grants for sewer projects. Each year, members of congress review requests for financial assistance with projects that benefit the communities they represent. The Senate Appropriations Committee accepts requests from Senators for community -initiated projects (CIPs). In the House of Representatives, the equivalent process is known as Community Project Funding (CPF). Local governments and nonprofit entities can seek one-time grant funding for specific community projects. Oregon's senators currently are Jeff Merkley and Ron Wyden. Tumalo is represented by Oregon's 51n House District, which is currently held by Rep. Lori Chavez-DeRemer. These members of congress have secured millions of dollars in CIP & CPF funding for sewer projects in Oregon, including the North Santiam Sewer Project, Redmond Wetland Complex Plant Interceptor, and many others. The recently formed Terrebonne Sanitary District has requested and is hopeful to receive $2.5 million in CID and CPF funding for construction of a new wastewater collection system. In summary, Senators and House Representatives actively engage in securing funding for essential sewer projects, fostering cleaner water, healthier communities, and sustainable development. 3.8 Summary The need for a public wastewater system in the commercial and residential core of the Tumalo area is well established. The economic, public safety, and environmental health risks with continued use of onsite wastewater disposal systems are serious. Installation of a public sewer system would help businesses operate reliably and would facilitate development of new housing, jobs, and commerce in the community. The key to selecting and implementing wastewater system improvements is the District's ability to acquire low -interest loan funding and grant funds. This will be critically important to keep SDCs and April 2024 297-2509-012 18 Economic Feasibility Statement Tumalo Basin Sewer District monthly user rates affordable. After years of determination and collaboration, recently formed Districts such as the Crescent Sanitary District and Terrebonne Sanitary District, have successfully secured public infrastructure funding for their projects. Given the risks of onsite wastewater systems polluting the Deschutes River and the relatively low median household income in Tumalo (compared to Oregon statewide average), the District should be well -positioned to receive public infrastructure funding. In addition, the District will need to secure a high level of customer participation in the initial service area in order to secure loan funding, generate sufficient operating revenues, and cover operating expenses including debt service. Expanding the District Boundary via annexation could enable more customers to connect to the system. This would increase District revenues but may also require additional capital to extend sewer mains to serve additional customers. While there are many details to refine further in the future, forming a District is the first step. Once the District is formed, it can pursue technical assistance grants to fund sewer planning and design. With a sewer system design and cost estimate, the District could then apply for public infrastructure funding to fund construction. With each of these steps, the financial details of the District will come into focus. This Economic Feasibility Analysis presents a financial framework in which it may be feasible for the Tumalo Basin Sewer District to construct, operate, and maintain a public sewer system. April 2024 297-2509-012 19 [W.4210,111 LEGEND P6111anift p DAM 4r&3. X24 F 297M012-MU-IN4 TORY TUMALO BASIN 0 AN SEWER DISTRICT EDU INVENTORY MAP t INCH = 300 FT. EXHIBIT B Existing EDU Estimate - Residential Address Owner Exist EDU Estimate 64795 Wood Ave. Brandon 1 64786 Wood Ave. Houser 1 FPropeny 19838 2nd St. Millard 1 64970 Bruce Ave. Fraley 1 64785 Cook Ave. Norris 1 98502nd St. Fish198162nd M.106St. Wilson 1 R8 119806 2nd St. Gummus Family Trust 1 119/10 164711 Wood Ave. Peer Revocable Trust 2 64767 Cook Ave. Kelley 1 19849 2nd St. Turney 1 64757 Cook Ave. Lowrie & Sappington 1 KRI 19849 3rd St. Kelley Family Trust 1 64741 Cook Ave. Buck 1 64699 Wood Ave. Minkoff 1 64695 Wood Ave. Close 1 19835 4th St. Greenlee Holdings, LLC 1 R19 19830 5th St. 3Finger Jerry Holdings, LLC 1 R20 64704 Bruce Ave. Kosman 1 R21 64712 Cook Ave. Adams 1 R22 64706 Cook Ave. Knowles 1 R23 64725 Wharton Ave. Tuller 1 R24 64680 Wharton Ave. Kelley Family Trust 1 R25 64685 Wharton Ave. Knox 1 R26 164671 Bruce Ave. Tumalo Community Church 1 R27 64659 Cook Ave. Galveston Partners, LLC 1 R28 64660 Cook Ave. CQC Ventures, LLC 1 R29 64644 Cook Ave. Hittle & Jordan i R30 19877 7th St. Heart of Tumalo, LLC 1 R31 19860 8th St. BJ, LLC S R32 198828th St. Toler 1 R33 64622 Wharton Ave. Lichtenberg 1 R34 19894 Sth Street Jackson 1 R35 19910 Elm Ln. Faddis 1 R36 19920 Elm Ln. Smith i R37 19930 Elm Ln. Brady, Et al 1 R38 19944 Elm Ln. Hittle & Jordan 1 R39 19951 Elm Ln. Varner 1 R40 19939 Elm Ln. Varner 1 R41 119933 Elm Ln. Gross 1 R42 19919 Elm Ln. Wright 1 R43 19909 Elm Ln. McNally 1 R44 19930Juniper Ln. Becker & McCloskey -Becker 1 R45 19915 Juniper Ln. Lillis S R46 19925 Juniper Ln. Coler 1 R47 19950 Cedar Ln. Lillis 1 R48 19960 Cedar Ln. Lillis S R49 19944 Birch Davidson 1 R50 19934 Alder Ln. Leis and Thesing 1 Existing Residential Total EDU Estimatel so Potential Additional EDU Estimate - Residential Address Owner Add'1 EDU Estimate 64795 Wood Ave. Brandon 2 64786 Wood Ave. Houser 5 k 19838 2nd St. Millard 4 64970 Bruce Ave. Fraley 3 64785 Cook Ave. Norris 8 19850 2nd St. Fish 2 R7 198162nd St. Wilson 2 R8 19806 2nd St. Gummus Family Trust R9/10 64711 Wood Ave. Peer Revocable Trust - R11 64767 Cook Ave. Kelley 2 R12 19849 2nd St. Turney 3 R13 64757 Cook Ave. Lowrie & Sappington 5 R14 19849 3rd St. Kelley Family Trust 2 R15 64741 Cook Ave. Buck 4 R16 64699 Wood Ave. Minkoff 1 R17 64695 Wood Ave. Close 1 R18 19835 4th St. Greenlee Holdings, LLC 3 R19 19830 Sth St. 3Finger Jerry Holdings, LLC 1 R20 64704 Bruce Ave. Kosman 2 R21 64712 Cook Ave. Adams 3 R22 64706 Cook Ave. Knowles R23 64725 Wharton Ave. Tuller 1 R24 64680 Wharton Ave. Kelley Family Trust 7 R25 64685 Wharton Ave. Knox 3 R26 64671 Bruce Ave. Tumalo Community Church R27 64659 Cook Ave. Galveston Partners, LLC 4 R28 64660 Cook Ave. CQC Ventures, LLC 2 R29 64644 Cook Ave. Hittle & Jordan R30 119877 7th St. Heart of Tumalo, LLC R31 119860 8th St. BJ, LLC 2 R32 19882 8th St. Toler 1 R33 64622 Wharton Ave. Lichtenberg R34 19894 8th Street Jackson R35 19910 Elm Ln. Faddis 2 R36 19920 Elm Ln. Smith 1 R37 19930 Elm Ln. Brady, Et al i R38 19944 Elm Ln. Hittle & Jordan 1 R39 19951 Elm Ln. Varner 1 R40 19939 Elm Ln. Varner 1 R41 19933 Elm Ln. Gross 1 R42 19919 Elm Ln. Wright 1 R43 19909 Elm Ln. McNally 1 R44 19930 Juniper Ln. Becker & McCloskey -Becker 1 R45 19915 Juniper Ln. Lillis 1 R46 19925 Juniper Ln. Coler 1 R47 19950 Cedar Ln. Lillis 3 R48 19960 Cedar Ln. Lillis R49 19944 Birch Davidson 1 R50 19934 Alder Ln. Leis and Thesing 1 Additional Residential Sub -Total EDU Estimate 91 Potential Additional Units on Existing Vacant Lots RVl No Situs Gummus Family Trust 4 RV2 64761 Cook Ave. Kelley 3 RV3 No Sit- - Wood Ave. Cronin Mgt Company 1 RV4 No Situs - Wood Ave. 1 RVS No Situs - Wood Ave. 1 RV6 No Situs - Wood Ave. 2 RV7 No Situs - Wood Ave. 1 RV8 No Situs - Wood Ave. 2 RV9 I No Situs - Wood Ave. 3Finger Jerry Holdings 1 3 RV10 No Situs - Wood Ave. RV11 64707 Wharton Ave. Overstreet 3 RV12 No Situs - Wharton Ave. Galveston Partners, LLC 3 RV13 19952 Birch Ln. Davidson 3 RV14 No Sit- - Alder Ln. Thesing & Leis 3 RV15 No Situs - Alder Ln. Thesing & Leis 2 Additional Residential sub -Total EDU Estimate 33 Additional Residential Total EDU Estilmater 124 Residential Total EDU Estimate174 kk , ( (( (( ( § , | { | §§ 2§ ) a J k�k £ : , 4 ., \§�,w ` Ek - §_--S'\! !))(2/)§iJ){/!7% f \°� . ! ��!� ll'� T .- „ --- ----, ,-- ! § } \ \f ! E\ \ we) 1. �2f# /eft \ aff \ o wE | !k) } / ) 3 f - e $ § /ƒ §{� Lk°° \ }\ E \k\ §\§) ] §/& i@ o o ;; g ! G! ! §885 ! 5)5 k Security Deposit Special District Formation or Reorganization SEL 704 rev 01/18 On Formation ❑ Annexation ❑ Withdrawal ❑ Dissolution District: and Precinct Information Name of District Tumalo Basin Sewer District Number of Precincts in District Amount of Deposit per Precinct 'total Deposit (max of $10,000) One $100 $100 Chief Petitioners I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of Tumalo Basin Sewer District district exceeds the deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198.775) Name print Si Rob Fish Residence Mailing Address if different 19850 2nd St city State Zip Code City State Zip Code Bend OR 97703 Amount of Contribution/Value of Secured Deposit Kind of contribution* U ek-1 Cash ® Bond (❑ Other Security Deposit Name print Martha Gross Residence 19933 Elm Ln City I State I Zip Code I city I State I Zip Code Bend OR 97703 Amount of Contribution/Value of Secured Deposit Kind of Contribution* $Cash ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash ❑ Bond (❑ Other Security Deposit Continued on the reverse side of this form Person/Organizations Providing Any Part of Cash/Security Deposit Name print Signature Residence TMaiiing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash I ❑ Bond ❑ Other Security Deposit Name print Signature Residence Mailing Address if different City State Zip Code City State Zip Code Amount of Contribution/Value of Secured Deposit Kind of Contribution* ❑ Cash I ❑ Bond ❑ Other Security Deposit Additional Description *Provide additional description of security deposit below, on the back of this form or on separate sheets. Additional contributors may be listed on separate sheets and attached. DESCHUTES COUNTY ASSESSOR'S OFFICE CARTOGRAPHY DEPARTMENT 1300 NW mall Street, Suite 204 ( Bend, Oregon 97703 Office: (541) 388-6508 1 Fax: (541) 382-1692 Website: https://www.deschutes.org/assessor Property Info: https://dial.deschutes.org/ June 3, 2024 Steve Dennison Deschutes County Clerk Re: Formation to Tumalo Basin Sewer District Please be advised the attached petition meets the requirements of ORS 198. Sincerely, F y ?� Gregg Rossi Chief Cartographer e { Deschutes County Assessor's Office, Cartography Dept. 1300 NW Wall St. Suite 204 1 Bend, Oregon 97703 PO Box 6005 Bend, Oregon 97708 Tel: (541) 617-4703 1 Fax: (541) 382-1692 . -TES r, County Clerk's Certification RE: Proposed Formation—Tumalo Basin Sewer District A petition has been filed with the Deschutes County Clerk's office to form the Tumalo Basin Sewer District. The Deschutes County Assessor's office has reviewed the attached petition and found that it met the minimum requirement of fifteen landowners or 10 percent of the acreage for the proposed formation of the Tumalo Basin Sewer District. I, Steve Dennison, Deschutes County Clerk, do hereby certify that the petition meets the requirements of ORS 198 and may move forward to the hearing process by the Board of County Commissioners. Dated this 3`d day of June, 2024. Steve Dennison Deschutes County Clerk 13oo NW Wall Street Suite zoz 1 PO Box 6005 Bend, Oregon 977o8-6oO5 (541)388-6547• elections@ deschutes org 1 (541) 388-6549 • record ingQa deschutes,org www.deschutes orgyclerk TO: Deschutes County Board of Commissioners FROM: Will Groves, Planning Manager DATE: June 13, 2024 SUBJECT: Tumalo Basin Sewer District Formation The materials contained in the petition propose to form a Tumalo Basin Sewer District on the tax lots shown in the petition. This district formation is consistent with Title 18, Deschutes County Zoning Ordinance, and Title 23, Deschutes County Comprehensive Plan, provided that the coordination with the residents and business owners required by Tumalo Community Plan, Public Facility #7 is undertaken. The Tumalo Community Plan, as part of the Comprehensive Plan, includes the following Goals and Policies: Public Facility Policies 3. Encourage early planning and acquisition of sites needed for public facilities. 4. Support replatting of lots in the area comprising the Laidlaw Plat and other lands designated commercial to create lots large enough to accommodate a DEQ approved on -site sewage disposal system, or connection to a public sewer system if available, consistent with the findings of the Tumalo Sewer Feasibility Study (2022). 7. If Tumalo residents initiate district formation, coordinate with the residents and business owners on the creation of a public sewer district. 8. Explore legislative approaches to preclude non -voluntary connections to private sewer systems. 9. Explore with Department of Environmental Quality (DEQ) to determine whether a property owner can record a land use provision stating a private sewer is not lawfully available under Oregon Administrative Rule (OAR) 340- 040-0160 unless the land owner voluntarily consents to the connection. 10. Prohibit private sewers in Tumalo, unless the property owners of the lots in the Laidlaw Plat, Deschutes River Tract, and Deschutes River Homesite Rimrock Addition form a district and vote on the issue. Staff notes that policies 8, 9, and 10 are targeted at private sewer providers, which is not proposed in this case. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q,(541)388-6575 @cdd@deschutes.org ®www.deschutes.org/cd The Comprehensive Plan inciLides the following provisions as well: Ch. 3 - Rural Growth Management, 3.6 Public Facilities and Services Goal 1 Support the orderly, efficient and cost-effective siting of rural public facilities and services. Policy 3.6.1 Encourage the formation of special service districts to serve rural needs rather than have the County serve those needs. Policy 3.6.2 Encourage early planning and acquisition of sites needed for public facilities, such as roads, water and wastewater facilities. Policy3.6.12 Review public facilities and services to minimize impacts of the facilities on the larger community. a. Review and revise as needed County Code to require screening of public facilities including power generating facilities and sewage treatment plants, and to address impacts from cell towers Ch. 5 - Resource Management, 2.5 Water Policies Goal 5 Protect and improve water quality in the Deschutes River Basin Policy 2.5.19 Coordinate with stakeholders to address water -related public health issues. a. Support amendments to State regulations to permit centralized sewer systems in areas with high levels of existing or potential development or identified water quality concerns. b. If a public health hazard is declared in rural Deschutes County, expedite actions such as legislative amendments allowing sewers or similar infrastructure. Goal 6 Coordinate land use and water policies Policy 2.5.28 Support wastewater facilities and improvements where warranted. Page 2 of 2 A MEETING DATE: July 17, 2024 SUBJECT: Public Hearing to consider accepting a petition to form the Tumalo Basin Sewer District RECOMMENDED MOTION: Move approval of Order 2024-024 accepting a petition to form the Tumalo Basin Sewer District and setting the date for a final public hearing on August 7, 2024. BACKGROUND AND POLICY IMPLICATIONS: The chief petitioners filed a petition to form Tumalo Basin Sewer District. The Assessor's Office and County Clerk certified the petition and Community Development reviewed it for consistency with the County's comprehensive plan, Title 18 and the Tumalo Community Plan. The BOCC must hold a hearing on the petition where any interested person can be heard and discuss accepting the petition and approving Order 2024-024, which would set the date for the final hearing. The petition and exhibits are attached to the draft order. BUDGET IMPACTS: None ATTENDANCE: David Doyle, County Counsel