Docstoc

AGENDA

Document Sample
AGENDA Powered By Docstoc
					                                        AGENDA
                                  CLEAN WATER SERVICES
                                   BOARD OF DIRECTORS


Agenda Category:      Consent                                                                 CPO 1

                      APPROVE THE PRELIMINARY ENGINEERING STUDY AND
                      ASSESSMENT REPORT, ESTABLISH THE MCDANIEL #2 LOCAL
                      IMPROVEMENT DISTRICT (6098), AND SET DATE FOR PUBLIC
Agenda Title:         HEARING

Presented by:         Bill Gaffi, General Manager (tc)

SUMMARY (Attach Supporting Documents if Necessary)

In January 2002, Clean Water Services (District) staff received a petition requesting the formation
of a Local Improvement District in the area east of NW 119th Avenue, south of NW McDaniel Road,
and west of NW 111th Avenue. As directed by District Minute Order No. 02-18, staff prepared a
Preliminary Engineering Study and Assessment Report (Report), which is attached for your review.

Staff is recommending that the proposed McDaniel #2 Local Improvement District (LID) include
twenty-six lots with a total area of 44.19 acres. Within the LID, 53.8% of the twenty-six lots (14
lots), representing 60.7% of the property area, have expressed support for the formation of the LID.

According to District Ordinance No. 35, the District’s Board of Directors has the following
alternatives at this time:

       1. Approve the Report as presented, establish the local improvement district, and set the
          date for the public hearing concerning the proposed improvements for the LID;
       2. Modify the Report and approve it as modified;
       3. Request additional or different information; or
       4. Abandon the project.

                                                                                   CONTINUED

FISCAL IMPACT:                N/A
REQUESTED ACTION:             Approve the Preliminary Engineering Study and Assessment Report,
                              establish the McDaniel #2 LID and set September 24, 2002 as the date
                              for the public hearing concerning the proposed improvements for the
                              McDaniel #2 LID.


                                                                        Agenda Item No.   1.c.
                                                                        Date:             9/3/02



                                                                                                   65
 1                      BEFORE THE BOARD OF CLEAN WATER SERVICES

 2   In the Matter of Establishing the McDaniel #2              )
     Local Improvement District; Approving the                  )
 3   Preliminary Engineering Study and Assessment               )         RESOLUTION AND ORDER
     Report; Setting a Time and Place for a Public              )
 4   Hearing on Objections to the Proposed                      )         NO._____________________
     Improvements; and Directing that Notice of the             )
 5   Public Hearing be Given to Affected Persons in             )
     Accordance with Ordinance 35.                              )
 6

 7          The above-entitled matter came before the Board of Directors for Clean Water Services
 8   (Board) at its regular meeting of September 3, 2002; and
 9          It appearing that Clean Water Services (District) received a petition for the formation of a
10   Local Improvement District to provide for the installation of a sanitary sewer system to serve the
11   area described in Attachment 1, attached hereto and by this reference incorporated herein, which
12   would be of specific benefit to the properties within that area; and
13          It appearing that, in accordance with District Ordinance 35 and the direction of this Board by
14   Minute Order No. 02-18, District staff has prepared a Preliminary Engineering Study and
15   Assessment Report for the area (Report). The Report is included as Attachment 2 to this Resolution
16   and Order. The Report and its attachments marked Exhibits A-1, A-2, B-1, B-2, C-1, C-2, D-1, and
17   D-2, by this reference incorporated herein, include: a map and description of the area to be included
18   in the McDaniel #2 Local Improvement District (McDaniel #2 LID); the general location of the
19   sanitary sewer facilities needed to provide service to the area; a description of each lot, parcel or
20   portion thereof to be specially benefited, and the owners thereof; the estimated cost of the proposed
21   improvement; and, a recommended method of assessment of the project cost; and
22          It appearing to the Board that a time and place should be set for hearing objections to the
23   proposed improvement; it is therefore
24   ///
25   ///
26

     PAGE 1 – RESOLUTION AND ORDER
                                                CLEAN WATER SERVICES
48                                            155 North First Avenue, Suite 270
                                                  Hillsboro, Oregon 97124
49   66                                Telephone (503) 846-8621 Fax (503) 846-3757


50
 1
             RESOLVED AND ORDERED that a local improvement district be, and hereby is,
 2   established within the boundary set forth in Attachment 1, to be known as the McDaniel #2 Local
 3   Improvement District; and it is further
 4           RESOLVED AND ORDERED that District intends to construct, maintain and operate
 5   service facilities consisting of those sanitary sewer facilities and their appurtenances described in
 6   the Report, which Report the Board hereby approves, subject to the further detail to be provided in
 7   the design and engineering plans for such facilities; and that the entirety of that work be undertaken
 8   at an estimated cost of One Million Eighteen Thousand Two Hundred Fifty Five Dollars and
 9   no/100--- ($1,018,255.00); and it is further
10           RESOLVED AND ORDERED that the proposed method and manner of financing the
11   facilities shall be by assessment of each parcel of real property within the local improvement district
12   based on the area of each parcel, minus the sensitive area, with a multiplier of 1.33 applied to area
13   with R-9 zoning, as shown in Exhibit C-1 to the Report, which method is reasonably calculated to
14   reflect the special benefit received by each parcel from the improvements; and it is further
15           RESOLVED AND ORDERED that the District will share in the construction cost of sewer
16   lines that are offsite or will provide service to only one side of the ravine. The District’s share of the
17   mainline construction cost is estimated to be a total of $105,550. The credit to each property will be
18   based on the ratio of such property’s assessment, before any credits to the total project cost,
19   multiplied by the total cost sharing amount; and it is further
20           RESOLVED AND ORDERED that for those properties which require additional footage to
21   bring the private service lateral from the edge of the sensitive area to within 200 feet of an existing
22   residence, the District will construct the additional service lateral at District cost if the property
23   owner requests the extension and grants a right-of-way for construction to occur. The lateral

24   extensions are estimated to cost $88,000. The property owner also will be required to agree

25   ///

26

     PAGE 2 – RESOLUTION AND ORDER
                                                 CLEAN WATER SERVICES
48                                             155 North First Avenue, Suite 270
                                                   Hillsboro, Oregon 97124
49                                      Telephone (503) 846-8621 Fax (503) 846-3757                           67

50
 1
     that landscape restoration of area disturbed by the lateral construction will be limited to restoring the
 2   impact area to its original contours and planting with grass seed; and it is further
 3          RESOLVED AND ORDERED that if the owner of developed property connects to the
 4   sanitary sewer or if the owner of undeveloped property starts paying on their assessment within
 5   one-year of the sewer being available, the District will credit the engineering and administrative
 6   portion of the assessment. This amount is estimated to be a total of $173,675. The credit to each

 7   property will be based on the ratio of the assessment, before any credits to the total project cost,

 8   multiplied by the total connection incentive; and it is further

 9          RESOLVED AND ORDERED that the one-year connection incentive deadline will be

10   extended for properties with existing homes where immediate construction of a private lateral might

11   conflict with the construction of future public improvements on the property. If a property owner

12   submits a development application to Washington County within one year of the sewer becoming

13   available and starts paying on the assessed amount, the District will extend the time period for the

14   connection incentive to three years. The existing house must connect to public sewer within three

15   years to receive the connection incentive; and it is further

16          RESOLVED AND ORDERED that if a property has a baseline assessment (total assessment

17   minus District cost share) greater than $20,000, the District will allow the owners of such property

18   to connect their existing residence to sanitary sewer within the connection incentive deadline and

19   begin payment on a minimum baseline assessment amount of $8,250. Any connection incentive

20   will be prorated. The remainder of the assessment will be deferred for up to ten years and financed

21   according to interest rates set by this Resolution and Order; and it is further

22          RESOLVED AND ORDERED that ten-year financing through the District will be offered

23   for amounts equal to or less than $20,000, and 20-year financing through the District will be offered

24   for amounts greater than $20,000; and it further

25          RESOLVED AND ORDERED that this sanitary sewer system shall be integrated into the

26   District's sanitary sewer system; and it is further

     PAGE 3 – RESOLUTION AND ORDER
                                                CLEAN WATER SERVICES
48                                            155 North First Avenue, Suite 270
                                                  Hillsboro, Oregon 97124
49   68                                Telephone (503) 846-8621 Fax (503) 846-3757


50
 1
             RESOLVED AND ORDERED that, in accordance with District Ordinance 35, Section 9, in
 2   consideration of the financial market conditions for obligations which are sold or are reasonably
 3   expected to be sold, the interest rate on assessments on which payment is deferred is hereby
 4   established at 3.73 percent (3.73%) for the period of deferral; and it is further
 5           RESOLVED AND ORDERED that, following the deferral period, the interest rate on
 6   assessments shall be increased an additional two percentage points (2%) in consideration of the
 7   existing financial market conditions, to defray the risk of default and to defray the cost of issuing
 8   bonds or other financing and District administration costs, and is hereby established as 5.73 percent

 9   (5.73%) per annum for ten-year financing periods. The interest rate for 20-year financing periods is

10   hereby established at 6.74 percent (6.74%) per annum; and it is therefore

11           RESOLVED AND ORDERED that a public hearing in accordance with the provisions of

12   ORS 451.495 and District Ordinance 35 will be held in the Auditorium of the Public Services

13   Building, 155 N. First Avenue, Hillsboro, Oregon, September 24, 2002, at the hour of 6:30 p.m. to

14   hear objections to the improvements proposed by this Resolution and Order. At that time, the Board

15   will hear such objections and receive such written remonstrances as may be presented by the owners

16   of real property lying within the boundaries of the assessment district herein above described and

17   established; and it is further

18           RESOLVED AND ORDERED that the District shall provide notice of the public hearing to
19   the property owners of each parcel within the assessment district, advising them of the time and
20   place where the Board will hear objections to the proposed improvement, describing the property
21   specially benefited, and estimating the cost of the improvement to be paid by assessment against
22   ///

23   ///

24   ///

25   ///

26   ///

     PAGE 4 – RESOLUTION AND ORDER
                                                CLEAN WATER SERVICES
48                                            155 North First Avenue, Suite 270
                                                  Hillsboro, Oregon 97124
49                                     Telephone (503) 846-8621 Fax (503) 846-3757                       69

50
 1
     each parcel within the local improvement district. Said notice shall be given or mailed not less than
 2   ten days prior to the date of the public hearing and shall conform in all other respects to District
 3   Ordinance 35.
 4          DATED this 3rd day of September, 2002.
 5
                                                      CLEAN WATER SERVICES
 6                                                    By its Board of Directors
 7
                                                      ________________________________
 8                                                    Chairman
 9                                                    ________________________________
                                                      Recording Secretary
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

     PAGE 5 – RESOLUTION AND ORDER
                                                CLEAN WATER SERVICES
48                                            155 North First Avenue, Suite 270
                                                  Hillsboro, Oregon 97124
49   70                                Telephone (503) 846-8621 Fax (503) 846-3757


50
                                                                               Attachment 1


                                                    BOUNDARY DESCRIPTION

A tract of land located in Section 27, Township 1 North, Range 1 West, Willamette
Meridian, County of Washington, State of Oregon, more particularly described as follows:

Commencing at the most northerly intersection of the south right-of-way line of N.W.
McDaniel Road (County Road No. 1055) and the East line of the J. A. Flippin D.L.C.
(D.L.C. No. 55), the Point of Beginning of the herein described tract;
Thence westerly along the courses of said south right-of-way line to the intersection with
the west line of that parcel of land described in deed to Richard N. Matza and Judy Matza
in Document Number 82000712, Deed records of Washington County, Oregon ( Matza
Parcel);
Thence South, Bearing based on C.S. 21,138 a survey of record in Washington County,
Oregon, a distance of 655.51 feet along said west line to the south line of said Matza
Parcel;
Thence N 89˚ 42’ 26” E a distance of 372.32 feet along said south line of the Matza Parcel
to said East line of the J. A. Flippin D.L.C.;
Thence south a distance of 437.60 feet, more or less, along said East line of the J. A.
Flippin D.L.C to the northeast corner of that parcel of land described in deed to Patrick
Ator and Janace A. Ator in Book, 1204 Page 249, Deed records of Washington County,
Oregon (Ator Parcel);
Thence westerly along the north line of said Ator Parcel to the northwest corner thereof;
Thence southerly along the westerly line of said Ator to the southwest corner thereof also
being the northwest corner of that parcel of land described in deed to Mayne Michacsi and
Cathy Mihacsi in Document Number 91004915, Deed records of Washington County,
Oregon (Mihacsi Parcel);
Thence southerly along the westerly line of said Mihacsi Parcel to the southwest corner
thereof also being the northwest corner of that parcel of land described in deed to Charles
W. Jennings and Christine A. Jennings in Document Number 95048048, Deed records of
Washington County, Oregon (Jennings Parcel);
Thence southerly along the westerly line of said Jennings Parcel to the south line of said J.
A. Flippin D.L.C;
Thence easterly a distance of 660.66 feet, more or less, along said south line to the
southeast corner of said J. A. Flippin D.L.C;
Thence north a distance of 409.8 feet, more or less, along said east line of the J. A. Flippin
D.L.C to the southwest corner of that parcel of land described in deed to Jerrine Kay
Monaghan in Document Number 97110569, Deed records of Washington County, Oregon
( Monaghan Parcel);
Thence easterly a distance of 266.3 feet, more or less, along the south line of said
Monaghan Parcel to the intersection with the west line of N.W. Melody Lane;
Thence northerly a distance of 10 feet along said west line to the intersection with the north
line of said N.W. Melody Lane;
Thence easterly a distance of 63.10 feet, more or less, along said north line to the southeast
corner of said Monaghan Parcel;




   D:\Docstoc\Working\pdf\5751dcb7-ad35-49f3-ae9c-c7ee9f791313.rtf
                                                                                                 71
                                                                                    Attachment 1


     Thence northerly a distance of 149 feet, more or less, along the east line of said Monaghan
     Parcel to the intersection with the south line of that parcel of land described in deed to
     David Carboneau and Joan Parosa in Document Number 2011100293, Deed records of
     Washington County, Oregon ( Carboneau Parcel);
     Thence easterly a distance of 149 feet, more or less, along said south line of the Carboneau
     Parcel to an angel point;
     Thence southerly a distance of 149 feet, more or less, along a westerly line of said
     Carboneau Parcel to the north line of N.W. Melody Lane;
     Thence easterly a distance of 20 feet along said north line of N.W. Melody Lane to the
     southeast corner of said Carboneau Parcel;
     Thence northerly a distance of 175 feet along the east line of said Carboneau Parcel;
     Thence easterly, parallel with the north line of N.W. Melody Lane, a distance of 333.15
     feet to a point on the west right-of way line of N.W. 113th Avenue;
     Thence northerly along said west right-of-way line to the intersection with the north
     right-of-way line of N.W. Rainmont Road (C.R. 1452);
     Thence easterly along said north right-of-way line of N.W. Rainmont Road to the
     intersection with the east line of that parcel of land described in deed to James Haydon and
     Diane C. Haydon in Document Number 99055122, Deed records of Washington County,
     Oregon ( Haydon Parcel);
     Thence northerly, along said east line of the Haydon Parcel to the southwest corner of that
     parcel of land described in deed to Joyce Ann Windham in Document Number 97096249,
     Deed records of Washington County, Oregon ( Windham Parcel);
     Thence easterly a distance of 122.9 feet, more or less, along the south line of said Windham
     Parcel to the southeast corner thereof;
     Thence northerly, along the east line of said Windham Parcel to the southwest corner of
     that parcel of land described in deed to Wade M. Parman and Sherri D. Parman in
     Document Number 95039597, Deed records of Washington County, Oregon;
     Thence easterly to the intersection of the south right-of-way line of N.W. Kathleen Drive
     and the west boundary line of Sutherland Tracts, a plat of record in Washington County,
     Oregon;
     Thence northerly a distance of 60 feet, along said west boundary line to the north
     right-of-way line of N.W Kathleen Drive;
     Thence easterly along the courses of said north right-of-way line to the southeast corner of
     Lot 11 of said Sutherland Tracts;
     Thence northerly a distance of 130 feet to the northeast corner of said Lot 11;
     Thence westerly a distance of 120.33 feet to the northwest corner of said Lot 11;
     Thence northerly a distance of 214.52 feet along the west boundary line of said Sutherland
     Tracts to the southwest corner of Lot 7 of said Sutherland Tracts:
     Thence easterly a distance of 240.66 feet along the south line of said Lot 7 and Lot 6 of said
     Sutherland Tracts to the southeast corner of said Lot 6;
     Thence northerly a distance of 110.20 feet along the east line of said Lot 6 to a point of
     curvature on the south right-of-way line of N.W. Marylee Court;


     Thence westerly along the courses of said south right-of-way line to the west boundary line
     of said Sutherland Tracts;


        D:\Docstoc\Working\pdf\5751dcb7-ad35-49f3-ae9c-c7ee9f791313.rtf
72
                                                                             Attachment 1


Thence northerly a distance of 60 feet along said west boundary line to the north
right-of-way line of N.W. Marylee Court;
Thence easterly along the courses of said north right-of-way line to the end of a curve on
the east line of Lot 5 of said Sutherland Tracts;
Thence northerly a distance of 199.72 feet along the east lines of Lot 5 and Lot 3 of said
Sutherland Tracts to the northeast corner of said Lot 3;
 Thence westerly a distance of 240.66 feet along the north line of said Lot 3 to the west
boundary line of said Sutherland Tracts;
Thence northerly a distance of 88.56 feet along said west boundary line to the intersection
with said south right-of-way line of N.W. McDaniel Road;
Thence westerly along the courses of said south right-of-way line to the northwest corner
of that parcel of land described in deed to Donald Ray Cutler and Beverly Cutler in Book
1140 Page 195, Deed records of Washington County, Oregon ( Cutler Parcel);
Thence south along the west line of said Cutler Parcel to an angle point, said angle point
being 463 feet south and 100 east of the Point of Beginning;
Thence west a distance of 100 feet to said East line of the J. A. Flippin D.L.C.;
Thence north a distance of 463 feet along said East line of the J. A. Flippin D.L.C. to the
Point of Beginning.




   D:\Docstoc\Working\pdf\5751dcb7-ad35-49f3-ae9c-c7ee9f791313.rtf
                                                                                              73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:6/4/2012
language:
pages:32