1993-45700-Order No. 93-227 Recorded 12/13/199393-45'00
BEFORE THE BOARD OF COUNTY COMMISSIONERS, OF DESCHUTES
REVIEWED
st j")
LEGAL COUNSEL
iTMTY, OREGON
An Order Declaring the Result
of the Special Election Held on
December 9, 1993, on the Election * ,
Relating to the Formation of *y
Swalley Irrigation District.
ORDER NO. 93-227
IN)
WHEREAS, the Board of County Commissioners, having accepted a
petition requesting formation of the proposed Swalley Irrigation
District, ordered through its Order 93-200 that an election be held on
the formation of the proposed Swalley Irrigation District, as described
in the legal description attached hereto as Exhibit 1 and the map
attached hereto as Exhibit 2, both of which documents are incorporated
herein by reference, and on the election of a Board of Directors for
the proposed District; and
WHEREAS, a special election in Deschutes County, Oregon, was held
on December 9, 1993, on the questions of forming the Swalley Irrigation
District within the boundaries described herein and election of a
three-member Board of Directors for the District, as set forth in
Exhibit 3; and
WHEREAS, the County Clerk has prepared an Abstract of Votes at the
election, set forth in Exhibit 4, showing that the three-fifths
majority required by law was attained by the proponents of District
formation and showing the top three vote totals for candidates for
Board of Director positions; and
WHEREAS, ORS Chapter 545 requires that the Board of County
Commissioners declare the results of such an election; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That at the special election held in Deschutes County,
Oregon, on December 9, 1993, 98 electors voted "YES" and 4 electors
voted "NO" on Measure 9-2, "Shall Swalley Irrigation District be
formed?," set forth in Exhibit 3, attached hereto and incorporated
herein by reference, as evidenced by the Abstract of Votes attached
hereto as Exhibit 4 and incorporated herein by reference; and that
having attained the required three-fifths majority Measure 9-2 is
declared to have passed and Swalley Irrigation District, as described
herein, is declared to have been formed.
Section 2. That Gary W. Campbell received 88 votes, Kreg T. Roth
received 86 votes, Ray Ruppel received 85 votes, and there were two
1 - ORDER NO. 93-227 (12/13/93) r':�;irE �;��'�F
�► R: 11993
0-.28-0�' ` 'i
write-in votes for the three Board of Director positions, as evidenced
by the Abstract of Votes attached hereto as Exhibit 4 and incorporated
herein by this reference. Candidates Campbell, Roth, and Ruppel,
having received the three highest vote totals, are declared to have
been elected to the Board of Directors for Swalley Irrigation District.
Section 3. The Board adopts as its findings supporting this order
the recitals set forth above.
DATED this 13th day of December, 1993.
ATT T:
(1, _��
Recording Secr tary
BOARD OF COUNTY COMMISSIONERS
OF DESCWUTES COUNTY, OREGON
NANCY POPE �C GEN,' Commissioner
BARRY H. SLAUGHTER, Commissioner
2 - ORDER NO. 93-227 (12/13/93)
EXHIBIT 1
if .Jl 2 0 Sj i0
SUALLE'i IRR 1 GAT I O11 D I SITR 1 CT
Legal UE•scr i pt ior.
Those lands currently served by Deschutes Re-71amation &
Irrigation Co., dba'Swa.11ey Water, and to he served by Swalley
Irrigation District lying within the following described
boundaries:
Beginning at the NE corner of 'Set::tion 3G, T15S, R12EWN,
thence west a.long the north sec:tic►T► line of Section 36 to the
east bank of the Deschutes Ri%-er, thence southerly along the east
bank of the river through Sections 35 of T15S, 81211, and
continuing in T16S, R12'E 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 Sectio►i 20 to the Cline Salla Highway,
thence southerly along the Cline Falls Highway to the south line
of Section 20, thence east to the east bank of the Vest.,butes
River, thence southerly following the River through Sections 2'9,
30, and 31, thence continuing southerly along the river through
T17S, 1112E, Sections 6, 7, 16, 19, 17, aqd 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 SE 1/4, thence east to the east bank
of the Deschutes River, thence following the River southerly
through Sections 20, '29, and :32 to the south line of the NU 1/4,
NE 1/4 of Section 3 thence west along said link- to the NW 1/4
corner of the SE 1/4 NW 1/4, thence south 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
Faye 1 of
Swalle; Irii_otinn District, F. 2 of 3
south line of section 29, thence east along the south section
line of Section 29 to the SE earner 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 NE 1/4 SE 1/4, thence east to
the west boundary of Section 23, thence north to the SW corner of
the NW 1/4 NW 1/4 of Section 26, thence east along the north
quarter quarter section line of Section 25 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 the 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 NW 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,
z
thence east to the quarter section line of Suction 3, thence
north along the quarter section lire through Section 3 to the
south Township line of T16S, R12E, thence continue north on the
quarter section line through Section 34 to the easterly right of
way of Highway 97, thence northeasterly along Highway 97 through
Sections 34, 27, and 26 to the quarter section line of Section
26, thence west to the west section line of Section 26, thence
north to the north quarter quarter section lire of Section 27,
thence west along the quarter quarter line to the west line of
0 128 -OS CO3
Swailer. Ii: i_. i.ion F)istrioI.. P. ? of 3
Section 27, thence north along the west }-,ounclar ies of Sections
27, 22, and 15, to the quarter se,7 tion I ine 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 12, thence east. to tl,e SE corner of the
NE 1/4 NW 1/4 of Section 12, thence north aIcing the quarter
section line to the north line of Section 1_, thence east to the
quarter section line of Section 6, T16S, 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,
T16S, R1 -""E to the SE corner of Section 36, T151-, R12E, thence
north along the east line of Section 3C, to the true point of
beginning.
Together with that area be -ginning 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 Q.eschutes Rioter to the
southerly section line of Section 24, thence westerly along the
south section line of Section 24 to the wast line of Section 24,
thence north to the southerly quarter quarter section line of
Section 23, thence west to the west lime of Section 23, thence
north along the west section line of Eel_tion 23 and 1.4 to the
true Point of beginning.
(MAP\LEGALDSC.DST) 7/26/93
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EXHIBIT 3 Stub No.
VOTE "YES" or "NO". Ma
next to the answer of your
9-2 Shall Swalley Irrigati
ElYes
13 No
THREE POSITIONS. Ma
next to the candidates of
(X) or a Check (./) in the box
be formed?
(X) or a Check (,/) in the box
For Director Swalley Irrigation trict Vote for Three
Three Positions At Large
EXHIBIT 4
PAGE OF PAGES
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I certify the votes recorded on this abstract correctly summarize the
SIGNATURE OF -C T -(C FRK /
f .
DATE PF AASTRACT
tally of votes cast at the election Indicated.
12-10-93
ABSTRACT OF VOTES AT GENERAL AND SPECIAL
ABSTRACT OF VETE' XZ PRIMA?' ELECTItJy
PN'
�
ELECTIONS
v . ,,
Separate sheets for ON -6 RapWbNeAri�N2�rSpslFlisan and other candidates.
Votes cast for governor must be on separate page or pages
(ORS 254.545).
Separate sheets for candidates forcfty, county (including precinct) and state offices.