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1998-31767-Order No. 98-091 Recorded 7/13/1998166 - 1382 98-317G7 REVIEWE® '.R INL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Formation of the Sisters Organization for Activities and Recreation District, and Ordering that Measures to Form the District and Authorize a Permanent Rate Limit for Operating Taxes and to Elect an Initial Board of Directors be Placed on the November 3, 1998, General Election Ballot. ORDER NO. 98-091 WHEREAS, the Board of County Commissioners of Deschutes Order No. 98-086, initiated the formation of the Sisters Organization District; and * co * c� C-- O County, Oregon (Board), by for Activities and Recreation WHEREAS, notice of a public hearing was given by publication in The Bulletin on June 19, and July 5, 1998, and by posting in three public places within the boundary of the proposed district on June 12, 1998; and WHEREAS, the territory to be included in the proposed district includes lands lying within the boundaries of the City of Sisters, and pursuant to ORS 198.835(3) the City, by Resolution No.98-3A, has approved formation of the proposed district; and WHEREAS, the Board received a request to exclude Section 18, Township 16S, Range 11E from the boundaries of the district and has determined that the properties included therein would not benefit from inclusion within the proposed district; and WHEREAS, the order initiating the formation of the Sisters Organization for Activities and Recreation District proposes a permanent rate limit for operating taxes of $0.22 per thousand dollars of assessed value, which requires that the voters included within the boundaries of any proposed district vote on formation of the proposed district and any proposed rate limit; and WHEREAS, pursuant to ORS Chapter 266, Order 98-086 initiating formation of the proposed district proposed a 5 -member board of directors, to be elected at large in accordance with law, and ORS 198.815(2) requires that such election be held at the time of district formation; and WHEREAS, a public hearing on Order 98-086 was held on July 13, 1998, to consider the order initiating the formation of the Sisters Organization for Activities and Recreation 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 MICROFILMED t�EVVI•Hr' JUL 2 1998 JUL , 1998 1 - ORDER No. 98-091 (7-13-1998) 168 - 1333 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 Sisters Organization for Activities and Recreation District, including the analysis set forth in Exhibit 4, attached hereto and by this reference incorporated herein, the Board finds that the area would be benefited by formation of the proposed district; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the boundaries of the proposed Sisters Organization for Activities and Recreation District are hereby approved. The boundaries of the proposed district are as set forth in the legal description and as depicted on the map respectively marked Exhibits 1 and 2, attached hereto and by this reference incorporated herein. Section 2. That in accordance with ORS 198.810, the issue of forming the Sisters Organization for Activities and Recreation District for the purpose of offering recreational activities and authorizing a proposed permanent rate limit of $0.22 per thousand dollars of assessed value for operating taxes shall be referred to the qualified electors residing within the boundaries of the proposed district, as described in Section 1 herein, at the November 3, 1998, general election for approval or rejection. The Deschutes County Clerk shall include with the ballot for the election a map or other description of the boundaries of the proposed district in accordance with ORS 198.815(3). Section 3. That pursuant to ORS 266.320, the Sisters Organization for Activities and Recreation District, if approved, will have five (5) board members to be elected at large. An election shall be held within the boundaries of the proposed district on November 3, 1998, for the purpose of electing the five (5) at -large members of the Board of Directors for the proposed district. Section 4. That the Board shall cause a notice of a County Measure Election concerning formation of the proposed district and authorizing the $0.22 per thousand dollars of assessed value permanent rate limit for operating taxes and a voters' pamphlet statement on the same to be submitted to the Deschutes County Clerk on or before September 3, 1998. Section 5. That a Notice of Election of district board members as set forth in Exhibit 3, attached hereto and by this reference incorporated herein, shall be filed with the Deschutes County Clerk on or before July 16, 1998. Section 6. That the notice of election on the question of district formation and permanent rate limit shall be published as provided in ORS 255.085 and by an additional notice as provided in ORS 198.815. 2 - ORDER No. 98-091 (7-13-1998) 188 - 1384 Section 7. That the recitals set forth herein and any documents referred to or incorporated therein are hereby adopted as findings supporting the actions taken by the Board herein. DATED this 13`h day of July, 1998. ATTEST: �� , -t > Recording Secretary/- RO'B'ERT ecretary 3 - ORDER No. 98-091 (7-13-1998) BOARD OF COUNTY COMMISSIONERS OF RO RT L. NIPPER, Commissioner L414DA L. SW RINGEN, Commissioner 168 - 1385 SISTERS RECREATION DISTRICT BOUNDARY DESCRIPTION Beginning at the Northwest comer of Section 31, Twp. 15 S., Range 10 E.W.M. Thence South to the Southwest Corner of Sec. 31, Twp. 15 S., Range 10 E. Thence East to the Northwest comer of Sec. 6, Twp. 16 S., Range 10 E. Thence South to the Southwest corner of Sec. 18, Twp. 16 S., Range 10 E. Thence East to the Southeast comer of Sec. 13, Twp. 16 S., Range 10 E. Thence North to the Northeast corner of Sec. 13, Twp. 16 S., Range 10 E. Thence East to the Northwest comer of Sec. 17, Twp. 16 S., Range 11 E. Thence South to the Southwest comer of Sec. 17, Twp. 16 S., Range 11 E. Thence East to the Southeast comer of Sec. 17, Twp. 16 S., Range 11 E. Thence North to the Northeast corner of Sec. 17, Twp. 16 S., Range 11 E. Thence East to the Southeast comer of the W 1 /4 of Sec. 10, Twp. 16 S, Range 11 E. Thence North to the Northeast comer of the W1 /4 of Sec. 10, Twp. 16 S., Range 11 E. Thence West to the Northwest comer of Sec. 10, Twp. 16 S, Range 11 E. Thence North to the Northeast corner of Sec. 4, Twp. 16 S, Range 11 E. Thence West to the Southwest comer of Sec 34, Twp. 15 S., Range 11 E. Thence North along the section line to the North county line. Thence West along the North county line to the summit of the Cascade Range. Thence South along the West county line to the South line of Sec. 28, Twp. 15 S., Range 8 E. Thence East to the point of beginning. EXHIB F 1 168 - 1386 (BOUNDARY DESCRIPTION - CONTINUED) EXCEPTING THEREFROM the following portions in Township 14 South, Range 9 East of the Willamette Meridian, Deschutes County, Oregon. Section 9: All of Section 9. Section 10: The SWI /4 of the NEI /4; The SE1/4 of the NW1/4; The W 1 /2 of the NW 1 /4; The N 1 /2 of the SW 1 /4; The W 1 /2 of the SW 1 /4 of the SW 1 /4; The S1 /2 of the S1 /2 of the NEI /4 of the NW 1 /4; The S1 /2 of the SWI /4 of the NW 1 /4 of the NEI /4; The SWI /4 of the SEI /4 of the NW 1 /4 of the NEI /4; Section 15: The W 1 /2; Section 16; The E1 /2 of the NEI /4; Section 21: Beginning at a 3 brass cap in a 2-1/2" I.F. marking the NE comer of said Section 21; Thence North 89 degrees, 31' 06" West along the North section line a distance of 3721.86 feet; Thence South 0 degrees, 07' 58" East along a line 240 feet Easterly of and parallel with the North-South centerline of the NW 1 /4 of said Section 21, a distance of 2664.94 feet to a point on the East-West centerline of said Section 21; Thence South 0 degrees, 07' 58" east along a line 240 feet Easterly of and parallel with the North-South centerline of the SW 1 /4 of said Section 21 a distance of 1332.47 feet to a point on the East-West centerline of the SWI /4 of said Section 21; Thence South 89 degrees, 46' S6" East along the East-West centerline of the SW 1 /4 of said Section 21 a distance of 1078.36 feet to the center S1 /16 comer of said Section 21; Thence South 89 degrees, 46' 56" East along the East-West centerline of the SEI /4 of said Section 21 a distance of 870.11 feet; Thence North 63 degrees, 51' 31" East a distance of 1967.27 feet to a point on the East fine of said Section 21; (CONTINUED ON NEXT PAGE) 168 - 1387 (BOUNDARY DESCRIPTION -CONTINUED) Section 21 Thence North 0 degrees, 02' 14" West along the East line of (continued) said Section 21 to the true point of beginning. Section 22: The NI /2 of the N1 /2 Section 23: The West 170 feet of the NW 1 /4 of the N W 1 /4 168 4 1388 V W ohs, .: { ■�� -;'_ - `' �uas3wloH Y3ljMH i I r . \1yy - Otf 71HOOOO oU snw 3`JW3'J 0.° �`• 3WGH3AO1.') ISI, �{ g W C3 o 1'e4 vLLIo V ticli r J • l 41 7 .moi awvJ / as` ".3H3asaHi M 09 o= r� Z .... .... .:{ ... `:.. ( iii i CID / i y— Luwui�L. W c//�/ Y, W'= CD_ WCID ■� ��ciCD ' m M C W U p L m C LU: ► t_n ..r '0.2 m Qi c cin a CL = v M C/) 0 c 2 .4) c o 4) :z � z S9L1 (r C) D cn CL SKI AiNnoo BN` I EXHIBIT 2 16$ - 1369 SELSISRev. 7/3/92 NOTICE OF ELECTION OF DISTRICT BOARD MEMBERS oRRS2255.075 Sisters Organization for Activities and Recreation (Name of district) Notice is hereby given that on Tuesday , November 3. 1998 (Day of week) (Date of election) an election will be held for the purpose of electing an initial five -member district board. (Number of open positions and title of office) to fill the following J�ositions and terms, including any vacancy which may exist on the board of Sisters Organization for Activities and Recreation District: (Name of district) The candidates receiving the first, second and third highest vote shall be elected to a term expiring June 30, 2001. The candidates receiving the fourth and fifth highest vote shall be elected to a term expiring on June 30, 1999. ❑ 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 ne-cbule- 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 Aa,Q,,t �5, 1 OR (Last day for candidate filings) This legal notice is to be published in The Bulletin (Designated newspaper) Authorized signature for district election authority Chair July 13, 1998 10,14:110,3161 DATE: TO: FROM: RE: 168 - 1390 M E M O R A N D U M July 13, 1998 Beverly Wilson, Legal Assistant, County Counsel Paul Blikstad, Associate Planner Formation of Recreation District 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: 5. 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 a recreation district serves the rural needs of the county, and can be an important aspect of everyday rural life. Staff believes that the formation of this district is consistent with the County Comprehensive Plan. EXHIBIT 4