1992-33430-Order No. 92-112 Recorded 10/7/19920119-0905
92-33430
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
REVIEWED
- As)
Col �jr_r
VTY. OREGON- _.
An Order to Place on the November 1992 *=
Ballot an Election Measure for the Formation
of the Fall River Estates Special Road
District and Adoption of an Initial Tax Base
ORDER NO. 92-112
WHEREAS, the Board of County Commissioners finds, from the
findings attached hereto as Exhibit B and by this reference
incorporated herein, that a measure to form the Fall River
Estates Special Road District and to approve a tax base for said
district should appear on the ballot in the general election on
November 3, 1992; and
WHEREAS, the County Clerk has the responsibility for placing
election measures on the election ballot; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. The Deschutes County Clerk is hereby ordered and
directed to place on the ballot a measure concerning formation of
the Fall River Estates Special Road District and adoption of an
initial tax base therefore, as set forth in Exhibit "A," attached
hereto and by this reference incorporated herein. The Clerk
shall include a map of the proposed district on the ballot.
Section 2. The Board's order is supported by the findings
set forth in Exhibit "B," attached hereto and by this reference
incorporated herein.
Section 3. If the County Clerk refuses to abide by this
order, the Board authorizes the filing of a suit in Circuit Court
to gain compliance with this order.
DATED this 7th day of October, 1992.
BOARD OF POUNTY COMMISSIONERS
OF DESCHU ES COUNTY, OREGON
TU THRUUP,!,�ommis
T NANCY S G
Recording Secretary D K DLIN,
-At
1 - ORDER NO. 92-112 (10/7/92) cr„
, uommigsioner
nan
S` NCHEG
'�
Rev.820�92 NOTICE OF COUNTY MEASURE ELECTION oRS�o95
'USCHUTFI; 0119-0906
(Name of county)
Notice is hereby given that on Tuesday November 3, 1992
(Day of week) (Date of election)
a measure election will be held in Deschutes County, Oregon.
(Name of county)
The county clerk has advised us (SELECT ONE):
® The election will be conducted at the polls. The polls will be open from 7:00 a.m. to 8:00 p.m.
❑ The election will be conducted by mail.
The following shall be the ballot title of the measure to be submitted to the county's voters on this date:
CAPTION (10 Words)
FORMING A SPECIAL ROAD DISTRICT AND ESTABLISHING A TAX BASE
QUESTION (20 Words)
Shall the Fall River Estates Special Road District be formed and an initial tax base of $7,500.00 be
adopted?
*SUMMARY
A special road district including the Fall River Estates subdivision and other nearby properties would
be established The district would provide for the improvement and maintenance of roads within the district
in accordance with ORS 371.305 to 371.360.
If approved, this measure would authorize the district to tax properties within the district for road
improvement and maintenance. The tax base would be limited to annual increases of six percent per year
under section 11, Article XI Oregon Constitution. Levy of the tax would be subject to the limits of section
I lb, Article XI of the Oregon Constitution. The revenues to be raised would be used exclusively for other
governmental purposes. There is currently no tax base.
The proposed initial tax base would raise $7,500.00 in the 1993-1994 fiscal year and would result in
an estimated tax rate of $1.34 per thousand dollars of assessed valuation. The estimated tax cost for this
measure is an ESTIMATE ONLY based upon the best information available from the County Tax Assessor
at the time of estimate.
Approval of this measure would not reduce the property tax collections of other non -school district
units of local government available under the provisions of section 11b, Article XI, Oregon Constitution and
implementing legislation.
The fo ized co official hereby certifies the above ballot title is true and complete.
ignature of authorized county official (not required to be notarized) Date signed
Dick Maudlin Chair, Board of County Commi.s.sl ers
Printed name of authorized county official Title
*1. For measure authorizing tax levy or establishing new tax base: Concise and impartial statement of not more
than 175 words, explaining chief purpose of the measure and giving reasons for the measure. ORS 310390.
Additional statement required by ORS 310.395 shall not be included in word count.
*2. For any other measure: Concise and impartial statement of not more than 85 words, summarizing the measure
and its major effect. Content meets requirements of ORS 250-035,250.039 and 250.041.
0119-0907
Exhibit B to Order 92-112
FINDINGS OF BOARD OF COUNTY COMMISSIONERS
1. On May 6, 1992, a petition for the formation of the Fall
River Estates Special Road District and adoption of an
initial tax based of $7,500.00 was accepted for filing by
the Deschutes County Clerk's office.
2. Said petition was timely filed and was complete with a
proposed tax base and a statement of economic feasibility
required by law. In addition, the County Clerk's office
verified that the petition contained 23 valid signatures,
which constituted a sufficient number of voters to place
matter before the Board of County Commissioners.
as
the
3. A hearing on the petition was set before the Board of County
Commissioners for June 17, 1992 and was duly noticed by
publication in the Bend Bulletin on May 26 and June 2, 1992
as well as by posting within the proposed district and in
the usual and customary places for posting notice of public
hearings, including the County Courthouse.
4. A public hearing was held before the Board of County Commis-
sioners on June 17, 1992. Testimony was received from 9
persons, including counsel and other representatives of the
Fall River Estates Homeowner's Association, the chief peti-
tioner, the developer of the Fall River Estates, and other
residents or property owners in the proposed district.
After hearing from those attending the meeting, the Board
found that the area described in the petition could benefit
from the formation of the proposed Fall River Estates Spe-
cial Road District, that the proposed boundaries should not
be changed, and ordered by its Order 92-047, a copy of which
is attached hereto as Exhibit 1, that the measure be placed
on the ballot for a the November 1992 general election. The
original of that order was recorded by the County Clerk in
the Deschutes County Commissioner's Journal on June 22, 1992
in Volume 118 Page 855. A copy of Order 92-047 was provided
to the County Clerk on June 17, 1992.
5. The petition process by which this special road district
formation and tax base measure was initiated is essentially
the same as the initiative and referendum process that the
people of the State of Oregon reserved to themselves in
Section 1(2)(a), Article IV of the Oregon Constitution. At
the conclusion of the June 17, 1992 hearing, petitioners had
done all that was required of them to place the issues of
the special district formation and the initial tax base on
the November 3, 1992 general election ballot.
6. The deadline for submitting County measures to the County
Clerk for placement on the November 3, 1992 ballot was
September 3, 1992. Although a notice requiring placement of
0119-0908
the measure for election was given on June 17, 1992, the
formal notice of election measure was not submitted to the
Clerk by the September 3, 1992 deadline. Consequently, the
Deschutes County Clerk did not undertake any of the steps
required to place this measure on the ballot.
7. ORS 198.815(2) requires that a measure for formation of a
special district including a tax base be set for election at
the next regular statewide or primary election for which the
filing deadline can be met. The petition for formation and
hearing on said petition all occurred well in advance of any
election measure filing deadlines. All that was lacking was
a formalized notice of measure election.
8. Because this measure includes a tax base, under ORS Chapter
198, the next election at which this measure could be put
before the voters in the proposed district would be the May
1994 primary election.
9. Testimony at the June 17, 1992 hearing before the Board
indicated that the roads in the subdivision were public
roads that had not been accepted by the County for purposes
of maintenance. Testimony further indicated that there was
a need to establish a mechanism to ensure that all those
property owners (estimated to be about 100 or so, many of
whom do not reside there) who would benefit from road im-
provements could be required to pay for those improvements.
Efforts to gain voluntary contributions for road improve-
ments had been less than successful. Of most immediate
concern was the deteriorating condition of a bridge giving
access to the subdivision.
10. ORS 203.085(2) provides for holding elections on an election
date sooner that the next available election date to avoid
extra -ordinary hardship, thus contemplating that strict
requirements respecting election dates can be waived where,
as here, there are exigent circumstances.
11. There is still time to publish notice of the election mea-
sure in the paper to allow a challenge to the ballot title.
There is still time to allow for publication of the measure
as part of the sample ballot in a timely manner or otherwise
notify the electors in the proposed district of the election
measure.
12. As of September 29, 1992, there were 49 registered voters
within the proposed district.
92-21383
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
0118--0855
An Order Approving the Formation of Fall
River Estates Special Road District, and
Putting it on the Ballot for the November,
1992 General Election.
ORDER NO. 92-0470119-09 �
WHEREAS, a petition proposing the formation of Fall River Estates
Special Road District was duly filed with the Board of County
Commissioners of Deschutes County, Oregon, on May 5, 1992; and
WHEREAS, a public hearing was held on the petition on June 17,
1992 to hear the petition and any objections thereto, and to determine
whether, in accordance with the Comprehensive Plan, applicable Land
Conservation and Development Goals and the criteria prescribed by ORS
199.462 and 198.805, the affected area would be benefitted by the
formation of a Special Road District; and
WHEREAS, after consideration of economic, demographic and
sociological trends and projections pertinent to the proposal, past and
prospective physical developments of the land that would directly or
indirectly be affected by the proposal, and all other matters
considered to be relevant to the petition, the Board is of the opinion
that the area would be benefitted by the formation of a Special Road
District; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the petition for formation of Fall River
Estates Special Road District be approved.
Section 2. That the boundaries of the territory to be included
in the district are as set forth in Exhibit 1, attached hereto and by
this reference incorporated herein.
Section 3. That the applicable land use criteria pertinent to
the proposed district, the facts found by the Board and the reasons why
the Board believes those facts to bring the proposal within the
requirements of the applicable land use criteria are described in
Exhibit 2, attached hereto and by this reference incorporated herein.
K NCHED '�ic"�;'NFo
1 - ORDER NO. 92-047 (6-17-92) O1992 `1 Ut 01 1 a
Exfib.it 1 to Order 92-112 Exhibit B
01.18-0856
Section 4. That this matter be. put on the November, 1992, ge[n]eral
election. 0119-0910
DATED this 17th day of June, 1992.
BOARD OFUNTY COMMISSIONERS
OF DESCHU ES COUNTY, OREGON
, jr-vmmissioner
AT T: NCY POPE SC LANGEN, Commissioner
A z4L �- -IV
ecording Secretary DICK MAUDLIN, Chairman
2 - ORDER NO. 92-047 (6-17-92)
0118-085'7
EXHIBIT 1 0119--0911
The description of the boundaries of the territory proposed to be
included in the Fall River Estates Special Road District is:
All of the Southeast Quarter of Section 31, Township 20,
Range 10 East, Willamette Meridian, Deschutes County,
Oregon, except the following:
A tract of land comprising a portion of the north half of
the northwest quarter (N h NW k) of the Southeast Quarter
of Section 31, T. 20 S.R.10 E.W.M., in the County of
Deschutes and State of Oregon, said tract being described
as follows:
Beginning at a point on the east and west quarter line of
said Section 31, at a point marked by a centered steel
bar monument, said point being located N. 89° 54' 08" W.
a distance of 1301.1 feet from the east quarter corner of
said Section 31; thence N. 89° 54' 08" W. along said
quarter line for 1119.9 feet to a point approximately six
feet east from the left or easterly water line of Fall
River, said point being marked by a centered steel bar
monument, thence N. 89° 54' 08" W. for 219 feet, more or
less, along said quarter line to the center of said
Section 31, thence southerly along the north and south
quarter line of said Section 31 for 400 feet; thence N.
90° E. for 200.0 feet; thence N. 0° 00' E. for 30 feet,
more or less to the center of Fall River; thence along
the center line of Fall River in a general easterly and
southeasterly direction for 1050 feet, more or less, to
a point which bears N. 90° 00" W. from a centered steel
bar monument set on the left or easterly bank of Fall
River; thence N. 90° 00' E. for 30 feet, more or less, to
said last described monument; thence N. 90° 00" E. for
195.2 feet to a centered steel bar monument; thence N. 0°
00' E. for 650.0 feet to point of beginning, same
containing 13.99 acres, more or less, situate in
Deschutes County, Oregon.
EXHIBIT 2
0119-0912
0118-0858
The district formation will further the provision of public
facilities and services to the property by providing improvement
and maintenance of roads within the district, in accordance with
Statewide Land Use Goals as follows:
1. The proposed district formation meets the criteria set forth
in Goal 11 because improvement and maintenance of roads
within the district will provide efficient and orderly
provision of those public facilities and services, to wit:
roads to serve as a framework for rural development.
2. The proposed district formation meets the criteria set forth
in Goal 12 because (a) roads in the rural area of this
District are a key facility; and (b) development of a dis-
trict for the improvement and maintenance of roads will
encourage safe, convenient and economic transportation
facilities.
EXHIBIT 2