1993-39334-Order No. 93-200 Recorded 10/28/1993' I REVI
93-39334 �`'j''J
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ,f. OGON
An Order Setting an Election on *0128rO3�/�
the Formation of the Swalley *' �i=i
Irrigation District and Setting * -:
an Election for Directors of
Said Proposed District.
ORDER NO. 93-200
WHEREAS, the Deschutes Reclamation and Irrigation Company (the
Company) desires to become an irrigation district pursuant to ORS
Chapter 545; and
WHEREAS, certain persons currently served by the Company presented
a petition on August 4, 1993, to the Board of County Commissioners (the
Board) requesting the formation of the Swalley Irrigation District (the
District) to serve those lands presently served by the Company; and
WHEREAS, a hearing was held before the Board on August 4, 1993,
concerning the formation of the District and the proposed boundaries of
the District; and
WHEREAS, the Board entered its Order No. 93-187 on August 11,
1993, accepting the petition, fixing the boundaries of the proposed
district and naming the proposed district the Swalley Irrigation
District; and
WHEREAS, said order was amended by Order No. 93-194 to clarify
discrepancies in the legal description and map of the boundaries of the
proposed district; and
WHEREAS, it is necessary to hold an election on the question of
district formation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That an election be held before the electors of the
proposed district on December 9, 1993, on the question of whether the
Swalley Irrigation District, as proposed in that certain petition filed
with the Board of County Commissioners on August 4, 1993, and accepted
for filing by the Board's Order 93-187 as amended by Order 93-194,
should be formed under ORS Chapter 545.
Section 2.
That an election be
held before the electors of the
proposed district on
December 9, 1993, on the question
of who should be
the Directors of the
proposed district.
1 - ORDER NO. 93-200
(10-27-93)
3 1(�99 3
M
ou 0
01.28-0355
Section 3. That the County Clerk shall cause to be published
the notice of election attached hereto as Exhibit A as required by law
and to mail said notice as required by law to those electors in the
proposed district who did not sign the Petition seeking formation of
the district.
Section 4. That the County Clerk take whatever other actions
are necessary to hold said election.
DATED this 27th day of October, 1993.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
P, Cha
ATTE T: UANCY P 'SC�ANGEN, Commi-4ioner
r ..
2D,
Recording Secretary BARRY H. SLAUGHTER, Commissioner
2 - ORDER NO. 93-200 (10-27-93)
0128-0356
Exhibit "A"
Notice of Election
Notice is hereby given that on Thursday, December 9, 1993, an
election will be held within the boundaries of the proposed Swalley
Irrigation District in Deschutes County at the offices of the Deschutes
County Clerk, Deschutes County Administration Building, 1130 NW
Harriman Street, Bend, Oregon, between the hours of 7:00 AM and 8:00
PM. The purpose of the election will be to determine whether the
proposed Swalley Irrigation District should be formed pursuant to ORS
Chapter 545 and to elect Directors of the proposed district.
The boundaries of the proposed Swalley Irrigation District are as
set forth in Exhibit 1 attached hereto and by this reference
incorporated herein. The legal description as set forth herein and as
fixed by the Orders 93-187 and 93-194 of the Board of County
Commissioners and a map of the proposed district may be reviewed at the
Deschutes County Clerk's Office.
Persons eligible to vote in the election include those persons at
least 18 years of age who are bona fide owners or contract purchasers
of two acres or more of land situated within the boundaries of the
proposed district and whose deed or land sale contract will have been
recorded with the Deschutes County Clerk for at least 6 months at the
time of the election. Electors need not be residents of the State of
Oregon. Only one vote per property will be counted. The interests of
corporate land owners and the interests of land held in joint ownership
of more than 2 owners may be voted only upon presentation of written
authorization by the corporation or the other owners, respectively.
Electors of the proposed district will be asked whether or not to
approve formation of the proposed Swalley Irrigation District. A "Yes"
vote will be a vote to approve District formation; a "No" vote will be
a vote against forming the District. Electors will also be asked to
elect no more than three persons to serve as Directors on the board of
the proposed irrigation district.
Nominations for Directors can be made by petition signed by at
least 10 electors of the proposed district (as defined above) or by
resolution of an assembly of not fewer than 25 electors. To be
eligible, a prospective director must be a resident of the State of
Oregon and a bona fide owner of land within the proposed district or a
shareholder of a bona fide corporate owner of land within the proposed
district. Such petitions or resolutions must be received by 4:30 PM on
Monday, November 29, 1993, at the offices of the Deschutes County
Clerk, Deschutes County Administration Building, 1130 NW Harriman St.,
Bend, Oregon.
A three-fifths majority vote in favor of forming the district is
required in order for the district to be formed. If the vote on
district formation succeeds, the candidates for Director who receive
the three highest vote totals will be elected to Director positions.
0128-035'7
SWaLLE I IRF: 1 Gr,'i I'7tl D I ST'R I S T
Legal IIOF! SCriI tion
Those lands currently served by Desc.-hates Reclamation ion v
Irrigation Co., dba'Swa.11ev Water, and to he served by Swalley
Irrigation District lying within the following described
boundaries:
Beginning at the NE corner of Section 36, T15S, R12EWN,
thence west along the north section line of Section 36 to the
east bank of the Deschutes Rig.-er, thence southerly along the east
bank of the river through Sections 35 of T15S, 1:1.2.11, and
continuing in T16S, R12E through -Sections 2, 3, 10, 9, 16, and 17
to the north section line of Section 20, thence west along the
north section line of Section 20 to the Cline Falls Highway,
thence southerly along the Cline Falls Highway to the south line
of Section 2.0, thence east to the east bank of the Deschutes
River, thence southerly following the River through Sections 29,
30, and 31, thence continuing southerly along the river throiigh
T17S, R1 -2E, Sections 6, 7, 18, 19, 17, and 20 to the north -south
quarter section line of Section 20, thence south on said line to
the SW corner of the NW 1/4 SF_ 1/4, thence east to the east bank
of the Deschutes River, thence foIIowing the Rive: southerly
through Sections 20, -29, and 32 to the south I i n e of the NW 1/4,
NE 1/4 of Section 32, thence west aIon- said Iitie to the HW 1/4
corner of the SE 1/4 NW 1/4, thence sUuth along the westerly line
of the SE 1/4 of the NW 1/4 to the southerly bank of the
Deschutes River, thence northeasterly along the. River to the
Fage 1 of
Exhibit 1 to Notice of Election
01280358
Swalle; Irii;=,t.ic.ri Distric::t. P. 2 i.jf 3
south line of section 29, thence east along the south section
line of Section 29 to the SE ccirner of the SW 1/4 SE 1/4 of
Section 29, thence north along the quarter quarter line of
Section 29 to the NW corner of the HE 1/4 SE 1/4, thence east to
the west boundary of Section 23, thence north to the SW 4--orner of
the NW 1/4 NW 1/4 of Section 28, thence east along the north
quarter quarter section line of S,3ction to the east line of
Section 28, thence north along the east line of Section 28 to the
NE corner of Section 28, thence east along th#. south section
lines of Section 22 to the northwesterly right. of way of Butler
Market Road, thence northeasterly along Butler Market Road
through Sections 22 and 23 to the quarter section line of Section
23, thence north on the quarter section line to the north section
line of Section 23, thence west to the IJW corner of Section 23,
thence north along the east line of Section 15 to the quarter
section line, thence west to the east line of Section 16, thence
north along Section 16 and 9 to the SW -corner of Section 3,
thence east to the quarter section line of Section 3, thence
north along the quarter section line through Section 3 to the
south Township line of T1ES, RI -2E, thence continua north on the
quarter section line through Section 4 to the easterly right of
way of Highway 97, thence nor thea.ster• 1 a l om-1 Ili ghway 97 through
Sections 34, 27, and 26 to the quarter section line of Section
26, thence west to the west section Iine of c.ection 26, thence
north to the north quarter quarter secf- ion line of Section 27,
thence west along the quarter quarter line to the west line of
0128-0359
J w r ► I I( 1 ► 2.ti (. i :_1 ii F., i J t. t ► t. , P. 3 -3 t 3
Section 27, thence north along the west boundaries of Sections
2-7, 22, and 15, to the quarter se, -tion line of Section 15, thence
east to the east section line of 14, thence north along the east
section line of Sections 14 and 11 to the north quarter quarter
section line of Section 1 thence eastto the SE corner of the
NE 1/4 NW 1/4 of Section 12, thence north ��lon5 the quarter
section line to the north line of S:_ction 12, thence east to the
quarter section line of Section 6, T1GS, R13E, thence north to
the north line of Section 6, thence west to the NW corner of
Section 6 and continuing west along the- north line of Section 1,
T1GS, R12E to the SE corner of Section 36, TIES, R1'.E, thence
north along the east line of Section 31C- to the true point of
beginning.
Together with that area beginning at a point at the NW
corner of Section 14, T15S, 1312E, thence easterly along the
section line to the west bank of the Deschutes River, thence
southerly along the west bank- of the P-7-schutes. River to the
southerly section line of Section 2-4, thence westerly along the
south section line of Section 24 to the west line of Section 24,
thence north to the southerly quarter quarter section line of
Section 23, thence west to the west line of Section 2-3, thence
north along the west section Iine of s=ection 23 and 1.4 to the
true point of beginning.
(MAP\LEGALDSC.DST) 7/6/93