1993-40519-Resolution No. 93-106 Recorded 11/10/1993REVIEWED
93-405" LEGA COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the matter of the Petition )
for Incorporation of the
Proposed City of Sunriver"-
Tentative Decision )
Resolution No. 93-106
WHEREAS, a petition for incorporation of a new City of Sunriver has been filed
pursuant to ORS Chapter 221, and
WHEREAS, ORS 221.040(2) provides that, upon the filing of a petition for
incorporation, the Deschutes County Board of Commissioners shall conduct a public hearing
upon the merits of the petition; and
WHEREAS, ORS 197.175(1) makes the Board's consideration of a petition to
incorporate a new city an exercise of County planning and zoning responsibility; and
WHEREAS, ORS 221.040(2) authorizes the Board to alter the boundaries of the
proposed city to include all territory that may be benefitted by the formation of the city but
must first provide owners and residents of property within such additional territory notice
and opportunity to present evidence and argument on the applicable issues; and
WHEREAS, the Board, upon notice duly given, commenced the required public
hearing on the proposed petition on October 27, 1993; and
WHEREAS, the Board closed the oral record after taking testimony on October 27,
1993; and
WHEREAS, the Board has now considered all of the written and oral testimony and
argument submitted concerning the proposed incorporation; and
WHEREAS, it is necessary to give the parties and staff direction necessary to the
preparation of findings supporting the Board's final decision in this matter;
1 - RESOLUTION NO. 93-106 (11/10/93)
�44ED
0128-0434
TENTATIVE DECISION AND INSTRUCTIONS:
NOW, THEREFORE, be it resolved that the Board tentatively makes the following findings
and determinations, as indicated by the Board's preliminary answers to the following
questions,
i"
1. Should the petition be approved as submitted? ! Yes 1
i
2. Should the petition be denied? Yes CNNo
These tentative determinations are intended as guidance to county staff and parties in
preparing appropriate findings for consideration and potential adoption by the Board at the
time of its final decision. Counsel for prevailing parties are requested to file and serve
proposed findings by no later than November , 1993. Other parties who wish to propose
alternative filings may do so by the same d e.,;�j -r,--
DATED this 10th day of November, 1993.
A T:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHOTES COUNTY, OREGON
OOP, Chair
PO
BARRY IT SLAUG
2 - RESOLUTION NO. 93-106 (11/10/93)
GEN,
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Commissioner