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1997-46945-Order No. 97-167 Recorded 12/18/1997BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC�tSS21N An Order Abandoning Journey Local Improvement * 11 a District within Deschutes County, Oregon 97-469A5 ORDER NO. 97-167 LEGK0Q': WHEREAS, on October 22, 1997, the Board of County Commissioners of Deschutes County, Oregon, initiated by Resolution 97-138, the improvement of certain dedicated roads known all of Hereford Avenue, all of Journey Avenue, a portion of 93rd Street and a portion of 85th Street; 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 Journey 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 _Z2 day of , 1997• T: iS,l : Recording Secretary BO RD OF COUNTY COMMISSIONERS OF�ESCHUTn-�',OUNTYt OREGON ROB NIPPER CO ONER _~ DA L. SWEARINGEN, MMISSIONER 1 - Order 97-167 FROM: Gary Judd, Traffic Engineer DATE: December 8, 1997 SUBJ: Journey LID BACKGROUND On October 22, 1997 the Board of County Commissioners formed the Journey 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 25 ballots 52% NO 9 ballots 18% Did not vote 15 30% Deschutes County Code 912.48.166(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." 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 Journey 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. Quality Services Performed with Pride