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1998-00465-Order No. 97-165 Recorded 12/31/19970163-1575 REVIEWED BEFGRE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO NTY, O E An Order Abandoning McCaw y 98-00465 C :� UNSEL Local Improvement District within Deschutes County, Oregon 97 DEC 31 ppb 4: 39 ORDER NO. 97-1654 f r_ WHEREAS, on October 22, 1997, the Board of County Commissioners of be' C CJt�i OZa nty, Oregon, initiated by Resolution 97-137, the improvement of a certain dedicated road known as McCaw Drive; 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 McCaw Drive 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 3/tt day of Aeayn-)Z't, , 1997. ATTEST: Recording Secretary 1 - Order 97-165 BOARD OF COUNTY COMMISSIONERS OF, DESCHUTE,S.SOUNTY, OREGON RO�ER . NIPPER CO' NDA L. SWEARIlrGEN, HPj R NER ISSIONER I A ! �'l' �rt;L.4-ILIA,EQ Iti JAN 14 i993 FROM: Gary Judd, Traffic Engineer DATE: December 19, 1997 SUBJ: McCaw LID BACKGROUND On October 22, 1997 the Board of County Commissioners formed the McCaw 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 December 19,1997. The results are: YES 1 ballots 17% NO 4 ballots 67% Did not vote 1 17% 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 McCaw 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 01x3-%577 McCaw LID 0.5 Miles W S