1994-23989-Ordinance No. 94-033 Recorded 6/10/1994REVIEWED
94-23989
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUT O
An Ordinance Amending Chapter 12.48 * ,.
of the Deschutes County Code and* ,.,O0
Declaring an Emergency
ORDINANCE
WHEREAS, the Board of County
(Ordinance 94-025) to provide for
NO. 94-033;, w
r: co
Commissioners adopted an 't',ardihance
constructing local improvement; and
WHEREAS, it is necessary to amend that ordinance to provide for
additional procedures not specified in that ordinance; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 12.48.200, "Board order for improvement -
Recording - Vacation of order," is amended to read as follows, with new
language set forth in bold-faced type and language to be deleted set
forth in brackets:
12.48.200 Board order for improvement - Recording - Vacation of
order.
A. At the time of the public hearing, the board shall hear
any testimony on the proposed local improvement and may continue
the hearing as it deems necessary. If objections are received by
the board signed by more than 50 percent of the owners of land
representing more than 50 percent of the total amount of the
estimated assessment for the proposed local improvement, the
proposed local improvement shall, by order of the board, be
declared abandoned and no new petition may be filed and no new
resolution may be adopted for the local improvement within a
period of one year after the date of the order.
B. If following the hearing the board determines that the
proposed local improvement should be made and the number of
objections mentioned in this section has not been received, the
board may at its discretion, by order describing the land to be
assessed, direct the local improvement to be made by contract or
by force account. If by contract, it shall be awarded in the same
manner as provided for other contracted county road improvements.
C. Following the hearing, the board may modify the proposed
local improvement, the estimated cost, the assessment method or
the estimated assessments in response to information received and
objections raised, in which case an additional hearing shall be
noticed in accordance with section 12.48.170 to 12.48.200 of this
chapter. The provision of additional information to justify the
chosen methodology shall not trigger the requirements of this
subsection.
1 - ORDINANCE NO. 94-031
UN H'F_`=
1994
0135-20"74
D. The board can suspend or abandon proceeding with a local
mprovement [at any time up to letting contracts for construction]
if it determines that the minimum requirements of section
12.48.330(A) are not being met or for any other reason.
E. Subject to subsection (C) above, the Board may at its
discretion and on its own motion or at the request of interested
parties reopen a previously noticed public hearing that has been
closed upon the mailing of notice to owners of property to be
assessed not less than 5 days prior to the reopening of the
hearing.
Section 2. Applicability. The provisions of this ordinance shall
be applicable to all LID's initiated after the effective date of this
ordinance and to all LID proceedings pending on the date of this
ordinance.
Section 3. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a court
of competent jurisdiction, that decision shall not affect the validity
of the remaining portions of this ordinance or any exhibit thereto.
Section 4. Emergency. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on its
passage.
DATED this lff4_ day of June, 1994.
OF COUNTY COMMISSIONERS
S)COUNTY,
S¢HLANGEN, C
A7! TO OOP%,isssi/oner
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Recording Secreta y BARRY . SLAUGH ER, Commissioner
2 - ORDINANCE NO. 94-031
