1997-46944-Order No. 97-166 Recorded 12/18/1997BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCWJES CO T ,-OREGON
Ah Order Abandoning Pawnee Local Improvement * ��REVIE
District within Deschutes River Woods Subdivision,
Deschutes County, Oregon
97-46944
ORDER NO. 97-166 LEG COUNSEL
WHEREAS, on October 22, 1997, the Board of County Commissioners of Deschutes County, Oregon,
initiated by Resolution 97-139, the improvement of certain dedicated roads known as portions of Pawnee
Road, River Woods Drive, Lakeview Drive, Apache Road, Choctaw Road, Kiowa Road and all of Pawnee
Lane, Hiawatha Lane, Arapaho Lane and Winnebago Lane; 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, attached as Exhibit "A", 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 Pawnee L.I.D. 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 1'7 day of QL 1997.
A T:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OFADESCHUTE-S.COUNT`R. OREGON
NDA L. SWEARINGEN, COMMISSIONER -<-}
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1
1 - Order 97-166 KEY,
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FROM: Gary Judd, Traffic Engineer
DATE: December 8, 1997
SUBJ: Pawnee LID
®163-x.342
Department of Public Works
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
BACKGROUND
On October 22, 1997 the Board of County Commissioners formed the Pawnee LID and
ordered the Road Department to investigate. The feasibility study found that this project
was possible, and on October 30, 1997 the Road Department referred the findings to
property owners for a mail poll.
MAIL POLL RESULTS
Returned ballots for the mail poll were required to be post marked by no later than
November 28,1997. The results are:
YES 66 ballots 31%
NO 65 ballots 30%
Did not vote 85 39%
Deschutes County Code #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." This LID only received half of the yes votes needed to pass. Points of
interest are: 41% of the residents of the LID voted yes and 30% voted no; and breaking
the votes down by street showed the highest percentage of yes votes to be 40% (Choctaw
Rd.) and the lowest to be 19% (Hiawatha Lane).
RECOMMENDATION
Since there was less than 60% positive response by the property owners, the Road
Department recommends that the Board of County Commissioners adopt a resolution to
abandon the Pawnee Local Improvement District. If the BOCC decides to abandon this
LID, no new petition for a LID can be filed for a one-year period.
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