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1998-02852-Order No. 98-022 Recorded 1/22/199898-0282 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON An Order Approving the Formation of the * :K to :Deschutes Public Library District, and * �- c 7 co c -- Ordering that a Measure to Form the * �> District and Authorize a Permanent Rate Limit for Operating Taxes be Placed on * r the May 19, 1998, Primary Election Ballot. r- r` c 7 ORDER NO. 98-022 cD WHEREAS, the Board of County Commissioners of Deschutes County, Oregon (Board), by Order No. 97-164, initiated the formation of the Deschutes Public Library District; and WHEREAS, notice of a public hearing was given by publication. in The Bulletin on. January 5, and 14, 1998, and by posting in. three public places on January 5, 1998; and WHEREAS, the Board intends to eliminate all funding of library services with general fund resources after the 1998-99 fiscal year; and WHEREAS, when the proposed Deschutes Public Library District is formed, the Board intends to transfer to the I:)eschutes Public Library District, to the greatest extent allowed by law, all Deschutes County and library county service district assets and services; and WHEREAS, a public hearing on Order 97-164 was held on January 21, 1998, to consider the order initiating the formation of the Deschutes Public Library District and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation. and Development Goals and the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by the formation. of the district; and WHEREAS, after consideration of economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the order initiating the formation of the Deschutes Public :Library District, the Board finds that the area would be benefited by formation of the proposed Deschutes Public Library :District; now, therefore, THE :BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The formation of the Deschutes Public Library District is approved. The District shall be named the Deschutes Public Library District. I - ORDER No. 98-022 (1-21-1998) "V"'C%)FIL DEQ JAN 1998 Ur Ui L -;Li JAC 26 ff, 0163 -*2(Y70 Section 2. The boundary of the Deschutes Public Library District is the boundary of Deschutes County, Oregon, as set forth in ORS 201.090 and depicted on the map of Deschutes County, respectively marked Exhibits 1 and 2, attached hereto and by this reference incorporated herein. The proposed district formation initiated by Order No. 97-164 was approved by the cities of Bend, Redmond and Sisters; therefore, in accordance with ORS 198.835(3), the Deschutes :Public Library District includes all of the incorporated territory within Deschutes County, Oregon. Section 3. The applicable land use criteria pertinent to the proposed district, the facts found by the Board and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit 3, attached hereto and by this reference incorporated herein. Section 4. Pursuant to ORS 357.231, the Deschutes Public Library District will have five (5) board members elected by zones. The zones for the five board members are as set forth in Exhibit 4, attached hereto and by this reference incorporated herein, and depicted on the map marked Exhibit 5, attached hereto and by this reference incorporated herein. Notice of Election of district board members as set forth in Exhibit 6, attached hereto and by this reference incorporated herein, shall be filed with the Deschutes County Clerk forthwith. Section 5. The order initiating the formation of the Deschutes Public Library District proposed a permanent rate limit for operating taxes of $0.55 per thousand dollars of assessed value. In accordance with ORS 198.810, the issue of forming the Deschutes Public Library District and authorizing the permanent rate limit for operating taxes shall be referred to the qualified electors of Deschutes County at the May 19, 1998, primary election for approval or rejection. That the Notice of County Measure Election as set forth in Exhibit 7, attached hereto and by this reference incorporated herein, be submitted to the Deschutes County Clerk forthwith. The Deschutes County Clerk is hereby directed to place this matter on the May 19, 1998, primary election ballot. DATED this 21" day of January, 1998. ATTEST: r cording Secretary 2 - ORDER No. 98-022 (1-21-1998) BOARD OF COUNTY COMMISSIONERS FOR DFSCHUTES COUNTY., OREGON NANCYj,PUVE , CHLANGEN, T L. NIPPER, C A L. S , Commissioner 201.090 Deschutes County. The boun- dary of Deschutes County is as follows: Be- ginning at the southeast corner of township 22 south, range 23 east of the Willamette Meridian; thence westerly along township lines to the summit of the Cascade Range; thence northerly along the summit of the Cascade Range to the line between township 13 and 14 south; thence easterly along such township line to the northeast corner of township 14 south, range 13 east; thence southerly along the east line of range 13 east to the southwest corner of township 16 south, range 14 east; thence easterly to the southeast corner of such township, thence southerly along the range line to the south- west corner of township 18 south, range 15 east; thence easterly along township lines to the northwest corner of township 19 south, range 17 east; thence southerly to the south- west corner of such township; thence easterly to the northeast corner of township 20 south, range 19 east; thence southerly to the southeast corner of such township; thence easterly to the northeast corner of township 21 south, range 20 east; thence southerly to the southeast corner of such township; thence easterly to the range line between ranges 23 and 24 east; thence southerly along such range line to the place of beginning. 0163-2071 EXHIBIT 1 Z O U 0163-2072 EXHIBIT 2 m 8 0 c00 CD V MO 0 N 0o z D m a =o o� �� m LU W 5U) J~ W W m M Lu F INNER!' EXHIBIT 2 m 8 0 c00 CD V MO 0 N -SES �0 0163-2073 Community Development Department 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 FAX 385-1764 M E M O R A N D U M Planning Division Building Safety Division Environmental Health Division DATE: January 15, 1998 TO: Beverly Wilson, Legal Assistant, County Counsel FROM: Paul Blikstad, Associate Planner(It) RE: Formation of Library Districts in the county The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with the Statewide Planning Goals, encourages the formation of special service districts to serve rural needs. Under the Public Facilities section of the County Comprehensive Plan, on page 97, General Policies is the following: S. Deschutes County shall encourage the formation of special service districts to serve rural needs rather than becoming involved with serving those needs. The County will foster coordination and mutual planning between the County, special districts, utility companies and service corporations. This shall include trenching where appropriate. Although this policy is probably directed at service districts such as fire, road and water districts, the formation of library districts serves the rural needs of the county, and libraries are an important aspect of everyday rural life. Staff believes that the formation of these districts is consistent with the County Comprehensive Plan. EXHIBIT 3 Quality Services Performed with Pride DESCHUTES PUBLIC LIBRARY DISTRICT ��������� BOARD MEMBER ZONES BY PRECINCT Precincts Within Each Zone - Precincts As Mapped By Desohntes Countv on December 17 1997 Zone i Zone 2 Zone 3 Zone 4 Zone 5 17 10 5 2 1 18 12 16 3 4 28 13 24 21 6 29 14 26 23 7 31 15 38 25 8 36 19 39 27 9 48 20 40 33 11 60 22 42 34 32 61 30 50 43 35 69 37 52 44 46 70 41 62 45 47 73 49 72 55 54 51 56 65 53 64 66 57 67 68 58 71 59 63 EXHIBIT 4 D LL 0163-20'75 EXHIBIT 5 StL Rev.i/3/92 NOTICE OF ELECTION OF DISTRICT BOARD MEMBERS oRRsu5075 DESCHUTES PUBLIC LIBRARY DISTRICT Notice is hereby given that on (Name of district) Tuesday (Day of week) an election will be held for the purpose of electing May 19, 1998 (Date of election) The five initial board members. (Number of open positions and title of office) to fill the following positions and terms, including any vacancy which may exist on the board of Deschutes Public Library District: (Name of district) Zone 1, Precincts 17, 1.8, 28, 29, 31, 36, 48, 60, 61, 69, 70 & 73 Term: 1 year Zone 2, Precincts 1.0, 12,13,, 49, 51, 53, 57, 58, 59 & 63 Term: 3 years Zone 3, Precincts 5, 16, 24, 26, 38, 39, 40, 42, 50, 52, 62 & 72 Term: 3 years Zone 4, Precincts 2, 3, 21, 23, 25, 27, 33, 34, 43, 44, 45, 55, 56. 64, 67 & 71 Term: 1 year Zone 5, Precincts 1, 4, 6, 7, 8, 9, 11, 3135, 46, 47, 54, 65, 66 & 68 Term: 1 year ❑ The election will be conducted by mail. OR ® The polls will be open from 7:00 a.m. to 8:00 p.m. Each candidate for an office listed above must file a declaration of candidacy or petition for nomination for office with the elections department of Deschutes County, Oregon, not later than the 61st day before the date of the regular district election. If the district election is held on the same date as a primary or general election, each candidate must file a declaration of candidacy or petition for nomination not later than the 70th day before the date of the election. The filing deadline is 5:00 p.m. on This legal notice is to be published in March 10, 1998. (Last day for candidate filings) The Bulletin (Designated newspaper) Authorized signature for district election authority Title Date signed EXHIBIT 6 'S11. 811 NOTICE OF COUNTY MEASURE ELECTION RS2911ns Rev.ev. 9/97 O(1RS 2;.11 M111 _. (QRS { 016 2.14 143 DESCHUTES (,ks 251 U„ (Name of county) Notice is hereby given that on Tuesday May 19, 1998 (Day of week) (Date of election) a measure election will be held in Deschutes County, Oregon. (Name of county) The county clerk has advised us (SELECT ONE): (M The election will be conducted at the polls. The polls will be open from 7:00 a.m. to 8:00 p.m. E-1 The election will be conducted by mail. The following shall be the ballot title of the measure to be submitted to the county's voters on this date: CAPTION (10 Words) To form library district and establish permanent tax rate limitation. QUESTION (20 Words) Shall Deschutes Public Library District be formed and impose $0.55 per $1,000 assessed value as permanent rate limit beginning 1998-99? SUMMARY (175 words) This measure may be passed only at an election with at least a 50 percent voter turnout. This measure will form the Deschutes Public Library District. Deschutes County intends to transfer all county library services to the district and cease library funding from its general fund. The new library district will be separate from Deschutes County. The new district will have its own tax rate dedicated to library purposes. Stable funding will restore and expand services in branch libraries in Bend, La Pine, Redmond, Sisters and Sunriver. Funding will provide children's programs, double new books and expand open hours. The new library district will be governed by an independent elected board. The five board members will be elected from zones. e following authorized county official hereby certifies the above ballot title is true and complete. Signature of authorized county official (not required to be notarized) Nancy Pope Schlangen Printed name of authorized county official Date signed, Chair ` Title EXHIBIT 7