1998-19690-Order No. 98-070 Recorded 5/7/1998REVIEWED
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LEGAL G7' INS!
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
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An Order Setting A Hearing for Making Requests for an
Election on the Withdrawal of Certain Territory from * -�
the Vandevert Acres Special Road District.
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ORDER NO. 98-070 ="
WHEREAS, the Board of County Commissioners (Board) held a hearing on March 25, 1998,
for the purpose of considering a petition to withdraw certain territory (described in Order No. 98-040
and by this reference incorporated herein) from the Vandevert Acres Special Road District (District)
and determining the boundaries of the territory to be withdrawn; and
WHEREAS, the Board approved the petition on March 25, 1998, subject to a second hearing to
be held on April 15, 1998, to determine whether there were sufficient requests received from electors
within the District to send the proposed withdrawal to an election;
WHEREAS, the second hearing was postponed until April 29, 1998, pending a mediation and
discussion between affected parties on the proposed withdrawal; and
WHEREAS, the Board has determined that the requests for an election made prior to the March
25, 1998, hearing were premature and made without full knowledge of issues that came to light during
the hearings process and the mediation process, and that said requests should not be accepted; and
WHEREAS, after the second hearing on April 29, 1998, the Board wishes to allow the electors
within the District additional time to consider whether to refer the proposed withdrawal to an election
in light of all the available information; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. A final hearing regarding the proposed withdrawal (as described in Order 98-040
Exhibits 1 and 2 and incorporated herein by reference) shall be held on Wednesday, May 13, 1998, at
10 a.m. in the Deschutes County Juvenile Justice Building, Room A, 1128 NW Harriman , Bend,
Oregon, at which time the Board will accept and consider any written or oral requests made after this
date to send this matter to an election. Any registered elector may appear and be heard.
Section 2. Upon conclusion of the final hearing, the Board will enter its final order
withdrawing the territory from the District, unless a sufficient number of written requests for an
election are submitted after the date of this Order and before May 13, 1998.
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MAY 13 1998
016'7-1950
Section 3.. Notice of the final hearing, as shown in Exhibit 1, attached hereto and by this
reference incorporated herein, shall be published and posted in accordance with ORS 198.730. Notice
shall also be mailed via first class mail to all those who have appeared in this proceeding or who
previously offered for filing requests for an election.
DATED this 29" day of April, 1998.
ATTEST:
0,'Ju'-r. M L
Recording Secretary
BOARD OF COUNTY COMMISSIONERS FOR
7DE CHUTES COUNTY, OREGON
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NANCY POE SO-ILANGEN, Chair
ROhE1kT L. NIPPER, Commissioner
4L.DA L. S ARINGE ommissioner
EXHIBIT 1 0167-,1951
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NOTICE OF FINAL PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding the proposed withdrawal from the Vandevert Acres
Special Road District will be held on Wednesday, May 13, 1998, at 10 a.m. in the
Deschutes County Juvenile Justice Building, Room A, 1128 NW Harriman, Bend,
Oregon.
The boundaries of the proposed withdrawal are as specified in Exhibit A, attached
hereto and by this reference incorporated herein.
All interested persons may appear and be heard. Upon conclusion of this hearing,
the Board will enter its final order withdrawing the subject territory from the
district unless written requests for an election are filed at or before the hearing by
resident voters within the district numbering not less than 15% of the registered
voters, or 100 voters, whichever is the lesser number.
Any requests for an election submitted at or before the March 25, 1998, hearing is
regarded as being premature and will not be considered.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with 48 hours notice.
Materials in alternate formats may be made available with 48 hours notice. To
arrange for these services, please contact Anita Mutchie at 541-388-6572. For
hearing impaired, call TDD 541-385-3203.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
NANCY POPE SCHLANGEN, Chair
To be published in The Bulletin: May 1 and 5, 1998
To be posted: May 1, 1998
016'71952
EXHIBIT A
THE WEST/20F THE NORTHWEST/40F SECTION 20, TOWNSHIP 20
SOUTH, RANGE 11 EAST, WILLAMETTE MERIDIAN, DESCHUTES
COUNTY, OREGON.