1997-24381-Order No. 97-106 Recorded 7/11/1997It
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning River Woods Circle REVIEWED
Local Improvement District within Deschutes {
River Woods Subdivision, Deschutes County, Oregon
ORDER NO. 97-106 LEGAL COUNSEL
WHEREAS, on March 5, 1997, the Board of County Commissioners of Deschutes County, Oregon,
initiated by Resolution 97-027, the improvement of a certain dedicated road known as River Woods
Circle; and
WHEREAS, the resolution was referred to the Engineer for a feasibility report to investigate the
maximum cost of improvement. The maximum cost of improvement has been prepared in accordance
with Chapter 12.48.150 of the Deschutes County Code; and
WHEREAS, a mail poll was conducted pursuant to Chapter 12.48.166 of the Deschutes County
Code; and
WHEREAS, the Engineer has filed a report on the results of the poll with the Board, pursuant to
Chapter 12.48.170 of the Deschutes County Code, and
WHEREAS, the proposed local improvement failed to received the minimum poll approval rate as
required by Chapter 12.48.166(B) of the Deschutes County Code; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
follows:
Section 1. That, in accordance with 12.48.170(A) of the Deschutes County Code, the local
improvement known as River Woods Circle is hereby declared abandoned and no new petition may be
filed and no new resolution may be adopted for this improvement within a period of one year after the
date of this order.
Section 2. That the Road Department pursuant to Chapter 12.48.165 of the Deschutes County
Code shall give written notice of the abandonment to all petitioners mailed to the addresses provided in
the petition.
DATED this day of ix I t4 11997.
ATTEST:
L
cording Secretary
1 - Order 97-106
DA L. SWEARINGEN, COMMISSIONER
14:CWC` : 114ED
KEY - IN i)
JUL 11 97
- �JTEs c0
0162-1618
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Gary Judd, Engineer
DATE: July 2, 1997
SUBJ: River Woods Circle L.I.D.
61 150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
BACKGROUND
The River Woods Circle LID was formed by the BOCC on March 5, 1997 (Resolution
No. 97-027). The BOCC referred the Resolution to the County Engineer for completion
of a feasibility study. The study was completed and reviewed by the BOCC on June 2,
1997.
On April 16, 1997 the Road Department held a neighborhood meeting of the property
owners. At the meeting, the engineer explained the results of the feasibility study, the LID
process, the nature and benefits of the proposed improvements, and financing options to
the property owners.
MAIL POLL
On June 6, 1997 the Road Department mailed to each of the property owners a letter that
contained the ballot, a not to exceed cost of $4,089.14, and other information required by
County Ordinance. The property owners were given a post mark deadline of June 18,
1997 to mail in their ballot.
RESULTS
County Ordinance number 12.48.166(B) states "To be eligible for further consideration by
the board, a proposed improvement must receive, by the postmark deadline, a minimum
poll approval rate of at least 60 percent of the owners of the land representing at least 60
percent of the total amount of the estimated assessment for the proposed local
improvement."
Six of the seven ballots were returned to the Road Department. Four of the ballots were
in favor of the proposed improvements (57%) and two of the ballots were against the
improvements (29%).
RECOMMENDATION
Since there was less than a 60% positive response by the property owners, the Road
Department recommends that the Board of County Commissioners adopt a resolution to
abandon the River Woods Circle Local Improvement District. If the BOCC abandons this
LID, no new petition for a LID can be filed for a one year period.
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