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2000-86-Order No. 2000-023 Recorded 2/22/2000VOL: CJ2000 PAGE: 86 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2000-86 * Vol -Page Printed: 03/03/2000 08:16:43 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Feb. 22, 2000; 11:00 a.m. Order (CJ) NUMBER OF PAGES: 113 MARY SUE PENHOLLOW DESCHLTTES COUNTY CLERK KEY U HED MA - 2 2000 REVIEWED LEGAL COUNSEI. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON An Order Initiating the Formation of the Deschutes County Justice Court. ORDER NO. 2000-023 WHEREAS, ORS 51.020 authorizes the formation of a Justice of the Peace District in Deschutes County, Oregon; and WHEREAS, ORS 51.020 authorizes the Board to initiate the formation of a Justice of the Peace District located entirely within Deschutes County, Oregon, but exempting the City of Bend, by order of the Board; and WHEREAS, the Board adopts the findings contained in the proposal to establish Justice Courts dated January 2000, attached hereby and incorporated herein as "Exhibit 1" and finds that there is a need for a Justice of the Peace District in Deschutes County, Oregon, and that it is in the public interest to initiate the formation of the Justice of the Peace District. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Board of County Commissioners of Deschutes County, Oregon, hereby declares the formation of the Deschutes County Justice of the Peace District pursuant to ORS 51.020. Section 2. The Justice of the Peace District shall be named the Deschutes County Justice Court District. Section 3. The boundary of the Deschutes County Justice Court District is the boundary of Deschutes County as set forth in ORS 201.090 and depicted on the map of Deschutes County, respectively marked "Exhibits 2 and 3," attached hereto and by this reference incorporated herein, but excluding the area within the City of Bend as set forth in "Exhibit 4," attached hereto and by this reference incorporated herein. Section 4. At a minimum, the Deschutes County Justice Court District shall hold court sessions in LaPine, Sisters and Terrebonne once a month, with one session per month being held after 5:00 p.m. Section 5. As a qualification for office, a Justice of the Peace for the Deschutes County Ju4e urt District shall be a member of the Oregon State Bar. C- o CZ C tp DATED this 9th day of February 2000. r110r:&w Recording Secretary Page I of 1 — ORDER NO. 00-021 (02/09/00) PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY Dated 1/25/00 Justice Court Formation Committee: Dennis Luke — County Commissioner, Vice Chair Dave Elliott — Sisters Citizen Barbara Warren — City of Sisters Administrator Randy Gordon — LaPine Citizen Greg Brown — Sheriff Mike Maier — County Administrator Sue Brewster — Sheriff Legal Counsel Susan Mayea — County Staff Andy Parks — Assistant Manager City of Bend Steve Titkin — Presiding Judge, Deschutes County Circuit Court Ernie Mazorol — Trial Court Administrator Resources: Honorable Jad Lemhouse, Justice of the Peace, Linn County Gabriele Glenn, Court Supervisor, Central Lane Justice Court I. BACKGROUND In Deschutes County, like other counties in the state excluding municipalities, the court system is operated by the State of Oregon. Judges, known as Circuit Court Judges preside over cases ranging from violations to felonies. In Deschutes County, two Circuit Judges generally preside over violations and misdemeanors and four other Circuit Judges primarily preside over felony and civil cases. There is also a court presided over by pro -tem judges who hear small claims, forcible entry and detainer (FEDs) and traffic cases, and a Juvenile Referee for juvenile matters. - 1 - EXHIBIT 1 The state court system in Deschutes County is located in Bend and only operates only during the traditional daytime weekday hours. No night or weekend courts are scheduled and the state courts do not hold court in other locations in the county. A person appearing for a violation case, generally a traffic citation, often must take time off from work and travel 50 or more miles round trip from LaPine, Sisters, or Redmond-Terrebonne. Justice courts existed for many years in Deschutes County. Prior to the mid- 1970s, Deschutes County justice courts were held in Redmond and LaPine. As Deschutes County grew it was decided that justice courts were outdated and they were closed. In recent times Justice Courts have gained popularity around the state for primarily four reasons: 1) The revenue generated from traffic citations stay locally; 2) Justice Courts are geographically convenient for citizens and usually offer some evening court hours; 3) small claims can be handled in the community and 4) justice courts help relieve the crowded dockets of state courts which can then concentrate on more serious matters. Orep,on Justice Courts: In 1998 there were 33 justice courts, with 29 judges (some judges work in more than one court), being operated in the State of Oregon. Those courts processed over 135,000 traffic violations and several thousand small claims cases. In some rural jurisdictions, justice courts also handle criminal cases. Lane & Linn County Justice Courts: The Justice Court committee examined two justice courts. The Honorable Jad Lemhouse of the Central Linn Justice Court provided invaluable information on the formation and operation of a justice court. Judge Lemhouse also provided the committee with documents on how revenues differ in justice and state courts. These documents are attached to this report. Judge Lemhouse continues to be available as a resource. Gabriele Glenn, Court Supervisor for Central Lane Justice Court, also provided invaluable information on the formation and operation of Justice Courts. Lane County operates three distinct justice courts, located in Florence, Oakridge, and Springfield. These three courts had total revenues in 1997-1998 of $3,240,097 See Exhibit J with a combined total staff of - 2 - EXHIBIT 1 32.0 FTEs that include 15 sheriff traffic safety team members. Ms. Glenn is continuing to provide the Deschutes County Justice Court Formation Committee assistance in analysis and recommendations for establishing and operating a justice court district. How the Money is Split on Sheriff's Office Tickets: Traffic violators issued tickets by a Deschutes County Deputy Sheriff are currently handled by the state courts located in the City of Bend. A typical violation fine is $175.00. Collection rates for vary for each County. Upon collection, $55.00 is paid to the State assessment fund. The state also receives an additional share for a total of 54.1% of revenue collected. The County receives 45.9%. At present, 46% of revenue collected by the state court goes to the Sheriff. The same $175.00 fine assessed in a justice court means $55.00 to the assessment fund and the rest of the fine ($125.00) goes to the county. In a Justice Court, the State receives 18.8% of the fine and the county receives 81.2%. Typically, justice court collection rates are much higher than those of state courts. See Exhibit F Justice Court Impact on Sheriff Traffic Safety Revenue: Presently Deschutes County receives less than $130,000 per year from State collected traffic fines for citations issued by deputy sheriffs. These funds are used to help pay for traffic safety deputies. Revenue is presently insufficient to provide adequate countywide traffic safety. If those same citations were processed in a justice court, revenue available for sheriff traffic safety efforts would increase to over $320,000. With Deschutes County's rapid growth rate along with the fact that it is a destination for over 6 1/2 million visitors annually traffic safety is a major public safety concern. Within the last ten years, traffic crashes and daily vehicle counts at most locations have increased dramatically. - 3 - EXHIBIT I Deschutes County Traffic Information: Traffic Crashes Investigated by the Deschutes County Sheriff's Office 1999 642 1998 344 1993 177 1989 62 Daily Vehicle Traffic Counts in Deschutes County Highway 97 — Baker Road (southbound) 1998 16,100/day 1988 9,800/day Highway 97 - Deschutes Junction (south) 1998 20,100/day 1988 11,700/day Baker Road — Deschutes River Woods 1997 7,072/day 1980 2,873/day Cline Falls Highway 1997 3,008/day 1980 693/day Knott Road 1997 5,255/day 1980 594/day Legislation: Two pieces of legislation were introduced by Deschutes County and passed approved by the 1999 Oregon Legislature: 1) SB 1006 Allows the closest court of jurisdiction to include justice courts. Citations issued in jurisdictions adjoining Deschutes County can now be cited into a Deschutes County justice court. For example, if a citation is issued west of the Camp Sherman Junction in Jefferson County, the closest court of jurisdiction would be the justice court in Sisters. Jefferson County has expressed interest in using a justice court in Sisters. A Sisters justice court would provide better service to local Camp Sherman residents who now must drive to Madras. SB - 4 - EXHIBIT I 1006 also allows citations issued by the Oregon State Police and Sheriff's Office to be cited to a court in Sisters. 2) SB 845 Allows county forming a new justice court to require that the justice of the peace be a member of the Oregon State Bar. Prior to SB 845, the governing body forming the court had no authority to establish qualifications for the justice that were not included under State law. Justice Court Requirements and Restrictions: ORS Ch. 51 sets out the organization, jurisdiction, justice of peace qualifications and the fees and fine amounts for justice courts. Justice court districts cannot include any portion of a city that is the county seat (a few grandfathered counties are excepted). No more than six justice court districts can be established within a county. ORS 51.020 A justice of the peace must be a U.S. citizen and have been a resident of the State of Oregon for three years prior to appointment or election and have had a principal office in the justice court district or be a resident of the district for at least one year prior to appointment or election. ORS 51.240. Appointment of Justice of the Peace: Once the Board of County Commissioners orders the formation of justice court district, the Governor will appoint the first justice. Jeff Brown of the Governor's Staff (503-378-3072) will coordinate the appointment. The Deschutes County Justice Court Committee has requested to the Governor's staff that Deschutes County be involved in the interview process of prospective applicants. - 5 - EXHIBIT 1 II. PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY The Justice Court Committee recommends that the Board of County Commissioners approve an order establishing a justice court district. The committee makes the following recommendations; 1) That the BOCC order the establishment of a single justice court district consisting of Deschutes County, excluding the City of Bend. 2) That the order forming the justice court requires that justice courts be located in Redmond, LaPine, Sisters, and Terrebonne. This would not restrict the establishment of additional courts, but would require courts in those locations. 3) That the order requires that no less than one night court per month be held in each court location. This would not restrict additional night courts, but mandates court at least one night per month. Proposed Timeline: February 2000 BOCC orders the formation of a justice court district March 2000 County advertises for Justice Court Administrator Administrator hired in April 2000 April 2000 Governors office asked to start the appointment process July 2000 Justice court begins - 6 - EXHIBIT 1 Facilities: LaPine: There are no court facilities presently located in LaPine. Initially, the court may be able to use a school classroom or similar facility for court. It is recommended that a multi- purpose courtroom be added to the LaPine sheriff station when the sheriff and CDD expand the facility. Sisters: The City of Sisters has a multi-purpose room used as a courtroom in city hall. Within three years the City will move to a new facility that will also include a multi-purpose room. The municipal court is presently managed by the Sheriff's Office. The City of Sisters is interested in merging the present municipal court with a justice court that would serve the region. Terrebonne: Sufficient space exists in the Terrebonne sheriff station for a justice court. Redmond: The justice court offices can be located in the North Deschutes County Service Building. Sheriff Traffic Safety Team: The Sheriff Traffic Safety Team has seven authorized FTE positions that include one sergeant and six deputies. Currently, of those seven positions, three are funded by traffic safety fines, Oregon PUC funds, and a county road department contract. Two of those three positions work motor carrier - truck safety enforcement. Three of the other four positions are partially grant funded through 2001 and the fourth position is presently vacant. The Justice Court Committee recommends those revenues in excess of the unitary assessment and court operation expenses used for countywide sheriff traffic safety. The goal is to use justice court revenue to increase the sheriff traffic safety team to ten FTEs to keep pace with the explosive growth in Deschutes County. This would provide for one sergeant, two motor carrier truck safety inspectors, one traffic safety deputy assigned to LaPine, Sisters, Redmond- Terrebonne, and four deputies that can be assigned countywide. - '7 - EXHIBIT 1 City of Sisters — Court Merger: The Justice Court Formation Committee is working with the City of Sisters to develop a proposed intergovernmental agreement to merge the City of Sisters Municipal Court into justice court. Budget: A proposed budget for the next three years is attached as exhibit A. It is recommended that some of the members of the Justice Court Committee assist in the development of the justice court budget for the next few years. The sheriff's fund will provide the start-up resources necessary for court operations with a budgeted payback transfer to the Sheriff's fund to be made during the first fiscal year of court operations. - 8 - EXHIBIT I ATTACHMENTS TO PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY • PROJECTED BUDGET, EXHIBIT A • ORDER FOR FORMATION OF DESCHUTES COUNTY JUSTICE COURTS, EXHIBIT B • DESCHUTES COUNTY GOALS, EXHIBIT C • JOB DESCRIPTION - COURT ADMINISTRATOR, EXHIBIT D • JOB DESCRIPTION - COURT CLERK, EXHIBIT E • HOW THE MONEY IS SPLIT, EXHIBIT F • JUSTICE COURT ASSESSMENTS, EXHIBIT G • INTERGOVERNMENTAL AGREEMENTS, EXHIBIT H • 1998 JUSTICE COURTS IN OREGON, EXHIBIT I • LANE COUNTY JUSTICE COURTS BUDGET, EXHIBIT J • BASE FINE SUMMARY, EXHIBIT K • ORDER ADOPTING NEW UNIFORM CITATION FORMS AND RESCINDING EXISTING UNIFORM CITATION FORMS, EXHIBIT L - 9 - EXHIBIT 1 PROJECTED BUDGET RESOURCES: FY 2000-2001 FY 2001-2002 FY2002-2003 Beginning Capitol $ 23,000.00 $ 63,000.00 $ 900,000.00 $ 1,350,000.00 $ 1,800,000.00 (6,000 tickets) (9,000 tickets) (12,000 tickets) @80% collection rate $ 720,000.00 $ 1,103,000.00 $ 1,503,000.00 EXPENDITURES: Assessments $255,000.00 $ 382,000.00 $ 510,000.00 Justice of the Peace 43,000.00 .50 FTE 45,000.00 .50 FTE 94,000.00 Senior Clerk 48,000.00 1.0 FTE 50,000.00 1.0 FTE 53,000.00 Clerk 64,000.00 2.0 FTE 102,000.00 3.0 FTE 140,000.00 Security 20,000.00 24,000.00 32,000.00 Rent 24,000.00 30,000.00 36,000.00 Mat & Sery 44,000.00 55,000.00 70,000.00 Capital Outlay 40,000.00 25,000.00 25,000.00 Reserve Fund 23,000.00 63,000.00 113,000.00 Fund Transfer 40,000.00 *Sheriff Traffic Safety 119,000.00 327,000.00 430,000.00 TOTAL $720,000.00 1.103.000.00 $1,503.000.00 Staff FTE does not include present sheriff office staff in Sisters & LaPine that will assist. *Revenue in excess of expenditures and reserve fund is dedicated for Sheriff Traffic Safety Enforcement. EXHIBIT A -10- EXHIBIT 1 1.0 FTE 1.0 FTE 4.0 FTE BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Initiating the Formation of the Deschutes County Justice Court. ORDER NO.2000-023 WHEREAS, ORS 51.020 authorizes the formation of a Justice of the Peace District in Deschutes County, Oregon; and WHEREAS, ORS 51.020 authorizes the Board to initiate the formation of a Justice of the Peace District located entirely within Deschutes County, Oregon, but exempting the City of Bend, by order of the Board; and WHEREAS, the Board adopts the findings contained in the proposal to establish Justice Courts dated January 2000, attached hereby and incorporated herein as "Exhibit 1" and finds that there is a need for a Justice of the Peace District in Deschutes County, Oregon, and that it is in the public interest to initiate the formation of the Justice of the Peace District. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Board of County Commissioners of Deschutes County, Oregon, hereby declares the formation of the Deschutes County Justice of the Peace District pursuant to ORS 51.020. Section 2. The Justice of the Peace District shall be named the Deschutes County Justice Court District. Section 3. The boundary of the Deschutes County Justice Court District is the boundary of Deschutes County as set forth in ORS 201.090 and depicted on the map of Deschutes County, respectively marked "Exhibits 2 and 3," attached hereto and by this reference incorporated herein, but excluding the area within the City of Bend as set forth in "Exhibit 4," attached hereto and by this reference incorporated herein. Section 4. At a minimum, the Deschutes County Justice Court District shall hold court sessions in LaPine, Sisters and Terrebonne once a month, with one session per month being held after 5:00 p.m. Section 5. As a qualification for office, a Justice of the Peace for the Deschutes County Justice Court District shall be a member of the Oregon State Bar. DATED this 9th day of February 2000. ATTEST: Recording Secretary Linda L. Swearingen, Chair Dennis R. Luke, Vice Chair Tom DeWolf, Commissioner Page 1 of 1 — ORDER NO. 00-023 (02/09/00) EXHIBIT B - 11 - EXHIBIT 1 201.090 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 comer of township 18 south, range 15 east; thence easterly along township lines to the northwest comer of township 19 south, range 17 east; thence southerly to the south- west corner of such township; thence easterly to the northeast comer of township 20 south, range 19 east; thence southerly to the southeast comer 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. EXHIBIT 2 BEND URBAN GROWTH BOUNDARY THE FOLLOWING IS A METES AND BOUNDS DESCRIPTION OF THE PROPOSED CITY OF BEND URBAN GROWTH BOUNDARY: BEGINNING AT THE SOUTHWEST CORNER OF SECTION NINE (9), TOWNSHIP SEVENTEEN (17) SOUTH, RANGE TWELVE (12) EAST, OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, THENCE, ALONG THE SOUTH LINE OF SECTION 9, NORTH 89 54'20" EAST, 1322.33 FEET, TO THE WEST ONE -SIXTEENTH (1116) CORNER BETWEEN SECTIONS 9 AND 16; THENCE NORTH 0 19' 33" WEST, 1327.17 FEET, TO THE SOUTHWEST ONE -SIXTEENTH (1116) CORNER OF SAID SECTION 9; THENCE, NORTH 89 4707" EAST, 991.98 MORE OR LESS;TO THE WEST RIGHT OF WAY OF CLAUSEN DRIVE, THENCE ALONG THE WESTERLY RIGHT-OF- WAY OF CLAUSEN DRIVE THROUGH THE FOLLOWING COURSES: ALONG THE ARC OF A 240 FOOT RADIUS NON TANGENT CURVE RIGHT 71.96 FEET CHORD BEARING Ni 1-01-46E 6291 FEET, MORE OF LESS, THENCE NORTH 18 49' 39" EAST, 1362.62 FEET MORE OR LESS; THENCE, ALONG THE ARC OF A 120 FOOT RADIUS CURVE TO THE LEFT 19.33 FEET HAVING A CHORD BEARING OF NORTH 14 39'3 1" EAST, 19.31 FEET; THENCE, ALONG THE ARC OF A 210 FOOT RADIUS CURVE TO TIE RIGIiT 171.27 FEET, HAVING A CHORD BEARING OF NORTH 33 24126" EAST, 166.56 FEET; THENCE, NORTH 56 46' 17" EAST, 75.09 FEET, TO THE POINT ON THE RIGHT-OF-WAY AT THE START OF A CUL-DE-SAC BULB; THENCE, AROUND THE BULB ALONG THE ARC OF A 55 FOOT RADIUS CURVE TO THE RIGHT 172.79 FEET, HAVING A CHORD BEARING OF NORTH 89 49'37- EAST, 110.00 FEET; THENCE, LEAVING THE RIGHT-OF-WAY OF CLAUSEN DRIVE, ALONG THE SOUTHEASTERLY LINE OF DESCHUTES MEMORL4L GARDENS AS PER PARTITION PLAT NO. 199446, NORTH 56 46117- EAST, 501.58 FEET; THENCE, SOUTH 87 59'03" EAST, 110.51 FEET, TO THE WESTERLY RIGHT-OF-WAY OF US HIGHWAY 97; THENCE, CONTINUING ALONG THE RIGHT-OF-WAY OF US HIGHWAY 97 THROUGH THE FOLLOWING COURSES: SOUTH 26 33'02" WEST, 193.14 FEET; THENCE, SOUTH 22 31103" WEST, 15353 FEET; THENCE, SOUTH 22 31'03" WEST, 188.36 FEET, TO THE SOUTHEASTERLY CORNER OF PARCEL TWO AS PER PARTITION PLAT NO. 1994-46; THENCE, CONTINUING SOUTH 22 31' 03 WEST, 27.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION NINE; 'THENCE, CROSSING SAID RIGHT-OF-WAY OF US HIGHWAY 97, AND CONTTNUING ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION NINE, NORTH 89 53' 44" EAST, 587.87 FEET TO THE EASTERLY RIGHT-OF- WAY OF THE OREGON TRUNK RAILROAD; THENCE, FOLLOWING THE EASTERLY RIGHT-OF-WAY OF SAID RAILROAD, NORTH 42 10' 33" EAST, 1976.13 FEET TO A POINT ON THE EAST LINE OF SECTION 9; THENCE, ALONG THE SECTION LINE BETWEEN SECTIONS 9 AND 10, SOUTH 0 03'53" EAST, 1462.06 FEET, TO THE EAST ONE-QUARTER CORNER OF SECTION 9; THENCE, CONTINUING ALONG THE SECTION LINE BETWEEN SECTIONS 9 AND 10, SOUTH 0 03' 53" EAST, 2644.20 FEET TO THE SOUTHEAST CORNER OF SECTION 9; THENCE, NORTH 89 52' 15" EAST, 1312.08 ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST, W.M.; (THIS LINE ALSO BEING THE NORTH LINE OF AN EIGHTY FOOT WIDE RIGHT-OF-WAY OF PUBLIC ROAD DEDICATION 233-R-1304) TO THE WEST ONE- SDMENTH CORNER BETWEEN SECTIONS 10 AND 15; THENCE, SOUTH 00 17' 15" WEST, 1323.22 FEET, ALONG THE EAST RIGHT-OF-WAY OF SAID PUBLIC ROAD DEDICATION, TO THE NORTHWEST ONE -SIXTEENTH CORNER OF SECTION 15, TOWNSHIP 17 SOUTH, RANGE 12 EAST, AND THE END OF THE PUBLIC ROAD DEDICATION AND ALSO BEING THE CENTERLINE OF A SIXY FOOT WIDE RIGHT OF WAY FOR EGYPT ROAD; THENCE, SOUTH 0 00'19 WEST, 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF EGYPT ROAD; THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF EGYPT ROAD SOUTH 89 54' 57" WEST, 1313.89 FEET,TO THE EAST LINE OF PHOENIX PARK PHASE ONE, THENCE, LEAVING SAID SOUTH RIGHT-OF-WAY OF EGYPT ROAD SOUTH 00 OG 45" WEST, 1292.18 FEET, TO TIM EAST ONE-QUARTER CORNER OF SECTION 16; THENCE, ALONG THE EAST -WEST CENTERLINE OF SECTION 15, NORTH 89 41'51 " EAST 1315.92 TO THE CEI'ITR-WEST ONE -SIXTEENTH CORNER, ALSO BEING THE NORTHWEST CORNER OF CANAL VIEW PHASE TWO, AND ON THE EAST LINE OF AN 80 FOOT RIGHT-OF-WAY FOR 187H STREET; THENCE, NORTH 89 39135" EAST, 713.47 FEET, ALONG THE NORTH LINE OF CANAL VIEW PHASE ONE; THENCE CONTINUING NORTH 89 39'35" EAST 420.00 FEET, TO THE CENTERLINE OF THE CENTRAL OREGON IRRIGATION DISTRICTS PILOT BUTTE CANAL; THENCE, FOLLOWING THE CENTERLINE OF SAID CANAL THROUGH THE MIBIT Resolution No. 2239 UGB Boundary Pcsccipdon Page I ore FOLLOWING COURSES: SOUTH 69 25'47" WEST 232.14; THENCE SOUTH 39 16' 30" WEST 170.64 FEET, MORE OR LESS; THENCE SOUTH 39 03,421, WEST, 145.77 FEET; THENCE, SOUTH 71 05114" WEST, 194.89 FEET; TFMNCE, SOUTH 26 59'22" WEST, 309.83 FEET; THENCE, SOUTH 19 48'56" WEST 287.42 FEET; THENCE, SOUTH 6 31' WEST, 163.00 FEET; THENCE, SOUTH 4 35120" WEST, 234.43 FEET, THENCE, SOUTH 4 20' 15" WEST, 401.64 FEET; THENCE, SOUTH 3 58' 39" EAST- 281.03 FEET; THENCE, SOUTH 9 11' 19" EAST, 237.84 FEET; TBENCE, SOUTH 11 09'48" EAST, 102.13 FEET; THENCE, SOUTH 1 59' 59" WEST, 95.21 FEET; THENCE, SOUTH 8 26'32" EAST, 39.60 FEET; THENCE, SOUTH 1130' 49" EAST, 96.15 FEET; THENCE. SOUTH 19 50' 03" WEST, 84.70 FEET, TO A POINT ON TI•IE SECTION LINE BETWEEN SECTIONS 15 AND 22; THENCE, LEAVING THE CENTERLINE OF THE PILOT BUTTE CANAL, ALONG THE LINE BETWEEN SECTIONS 15 AND 22, NORTH 89 44' 19" EAST, 1022.68 FEET, TO THE NORTH ONE-QUARTER CORNER OF SECTION 22 AND THE CENTERLINE OF YEOMAN ROAD AS ORIGINALLY ESTABLISIMD MAY 9,1914; THENCE, NORTH 89 32'45" EAST 20.00 FEET TO THE EXTENDED EAST RIGHT-OF-WAX LINE OF YEOMAN ROAD; THENCE, SOUTIi 0 09'22" WEST, 2646.83 FEET ALONG THE EAST RIGHT-OF-WAY, TO A POINT BEING 20.00 FEET EAST OF THE CENTER ONE-QUARTER CORNER OF SECTION 22; THENCE, CONTINUING ALONG SAID EAST RIGHT-OF-WAY SOUTH 0 09' 22" WEST, 87 FEET, MORE OR LESS, TO THE CENTERLINE OF THE NORTH UNIT IRRIGATION CANAL (NUIC), THE NUIC AT THIS POINT IS 170 FEET WIDE, BEING 80 FEET NORTH AND 90 FEET SOUTH OF THE CENTERLINE. THENCE, LEAVING THE EAST RIGHT--OF-WAY OF YEOMAN ROAD, CONTINUING ALONG THE CENTERLINE OF SAID NUIC, NORTH 84 48' 16" EAST, 775 FEET, MORE OR LESS; THENCE, NORTH 82 02' 46 EAST, 110 FEET; THENCE NORTH 79 17' 16" EAST, 1165.96 FEET; THENCE, NORTH 83 58'46" EAST, 93 FEET; THENCE, NORTH 89 25'03 EAST, 489.62 FEET MORE OR LESS; THENCE NORTH 88 44'28" EAST, 192 FEET; THENCE, NORTH 59 20' 00" EAST, 375 FEET; THENCE, NORTH 29 55'32" EAST, 336.96 FEET, THENCE, NORTH 52 00' 31" EAST, 144 FEET; THENCE, NORTH 74 05' 31" EAST, 486 FEET, TO THE CENTERLINE OF A 60.00 FOOT WIDE RIGHT-OF-WAY OF DESCI3UTES MARKET ROAD, STATION 180+32.59; THENCE, NORTH 89 50' 14 EAST, 30.00 FEET, TO THE EASTERLY RIGHT-OF-WAY OF SAID DESCHUTES MARKET ROAD AT STATION 180+32.59; THENCE, ALONG THE EASTERLY RIGHT-OF-WAY OF DESCHUTES MARKET ROAD, SOUTH 0 14' 30" WEST, 914 FEET, MORE OR LESS TO TIS NORTH LINE OF A 60 FOOT WIDE RIGHT-OF-WAY FOR BUTLER MARKET ROAD; THENCE, ALONG THE SAID NORTH RIGHT-OF-WAY NORTH 89 50' 14" EAST, 1398.30 FEET, TO THE EAST RIGHT-OF-WAY OF COLE ROAD; THENCE, CROSSING BUTLER MARKET ROAD, SOUTH 0 08'50" WEST, 47.09 FEET, TO TIM EAST RIGHT-OF-WAY OF EAGLE ROAD; THENCE, SOUTH 0 08'50" WEST, 629.90 FEET ALONG SAID EAST RIGHT-OF- WAY, BEING 30.00 FEET EAST OF, AND PARALLEL WITH THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 17 SOUTH, RANGE 12 EAST; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 0 08'50" WEST, 659.90 FEET TO THE NORTHWEST CORNER OF FIRST ADDITION TO EAGLE VIEW ESTATES, THIS POINT ALSO BEING EAST, 30.00 FEET OF 1I3E CENTER-SOUTH ONE-SIXTEENTH CORNER OF SECTION 23; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 0 08' 50" WEST, 659.80 FEET, TO A POINT ON THE NORTH LINE OF EAGLE VIEW ESTATES; TIIENCE, WEST, 10.00 FEET, TO TILE NORTHWEST CORNER OF EAGLE VIEW ESTATES; THENCE, CONTINUING ALONG THE LAST RIGHT-OF-WAY OF EAGLE ROAD, NOW BEING 20.00 FEET EAST OF, AND PARALLEL WITH TH - WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, SOUTH 0 08'50" WEST, 660.00 FEET, TO A POINT ON SAID RIGHT-OF-WAY AND BEING 20.00 FEET EAST OF THE SOUTH ONE-QUARTER CORNER OF SECTION 23; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 0 13'39" WEST, 1320 FEET MORE OR LESS; THENCE, SOUTH 89 57' 41" EAST, I0.00 FEET. TO THE NORTHWEST CORNER OF BRADETICH PARK; THENCE, CONTINUING ALONG THE EAST RIGHT- OF-WAY OF EAGLE ROAD, NOW BEING 30.00 FEET EAST OF THE NORTH-SOUTH CENTERLINE OF SECTION 26, TOWNSIiiP 17 SOUTH, RANGE 12 EAST, SOUTH 0 13-39" EAST, 1319.81 FEET TO THE SOUTHWEST CORNER OF BRADETICH PARK; THENCE, NORTH 89 45'51" WEST 10.00 FEET, THENCE, SOUTH 0 10'34" WEST, 330.39 FEET ALONG THE EAST RIGHT-OF-WAY OF EAGLE ROAD; THENCE, SOUTH-89 59' 03" EAST, 10.00 FEET; THENCE ALONG THE SAID EAST RIGHT-OF-WAY BEING 30.00 FEET EAST OF THE NORTH-SOUTH CENTERLINE OF SECTION 26, SOUTH 0 10'34" WEST, 330.39 FEET TO THE SOUTHWEST CORNER OF PARCEL TWO AS PER MINOR PARTITION MP 79-228; THENCE, NORTH 89 59'00" WEST, 10.00 FEET; THENCE, CONTINUING ALONG THE EAST RIGHT-OF-WAY OF EAGLE ROAD, BEING 20.00 FEET EAST OF, AND PARALLEL WITH THE NORTH-SOUTH CENTERLINE OF SECTION 26, SOUTH 0 18'07" WEST, 1981.38 FEET TO A .POINT EAST, 20.00 FEET FROM THE SOUTH ONE-QUARTER CORNER OF SECTION 26, SAID POINT ALSO BEING ON THE EAST- WEST CENTERLINE OF NEFF ROAD; THENCE, SOUTH 0 31117" EAST, 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF NEFF ROAD; THENCE, SOUTH 89 54'09" EAST, 642.94 FEET, ALONG THE SAID RIGHT-OF-WAY OF NEFF ROAD; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 0 31' 23" EAST, 131738 FEET, TO THE, CENTER-WEST- NORTHEAST ONE-SDCTY-FOL-RTH CORNER OF SECTION 35, IOWNSHIP 17 SOUTFL EXHIBIT4, Ruoludon No. 2239 UCB Bo=dmy Description Pate 2 of 9 RANO-9 12 EASY;-INENCE, NORTH 89 52'36" WES71; 662.96 1EEr, TO I*Hb (;bN'1'L+R- NORTH ONE-SIOTEENTH CORNER OF SAID SECTION 35, AND LYING ON THE EAST LINE OF PROVIDENCE, PHASE FIVE "A"; THENCE, ALONG THE EAST LINE OF PROVIDENCE PHASE FIVE "A".AND PHASE EIGHT, SOUTH 00 33'09" EAST, 1317.54 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 35; THENCE, SOUTH 0 33'089 EAST, 1303.72 FEET, ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 35, TO THE NORTH LINE OF AN EIGHTY= -FOOT WIDE RIGHT-OF-WAY FOR HIGHWAY 20; THENCE, CONTINUING SOUTH 0 33'08" EAST, 9.18 FEET, TO THE CENTER -SOUTH ONE-SMEENTH CORNER OF SAID SECTION 35, THENCE, CONTINUING ALONG TITE NORTH -SOUTH CENTER LINE OF SAID SECTION 35. SOUTH 0 59' 56" EAST, 1283 FEET MORE OR LESS, TO THE SOUTH ONE-QUARTER CORNER OF SECTION 35; THENCE, ALONG THE SECTION LINE BETWEEN SAID SECTION 35 AND SECTION 2, TOWNSHIP 18 SOUTH, RANGE 12 EAST, NORTH 89 33' 05" WEST, 1325.50 FEET, TO THE WEST ONE -SIXTEENTH CORNER, BETWEEN SAID SECTION 35 AND SECTION 2; THENCE, SOUTH 0 15' 10" WEST, 1272.80 FEET TO THE NORTH-WEST ONE -SIXTEENTH CORNER OF SAID SECTION 2; THENCE, SOUTH 0 15' 10" WEST, 1319.04 FEET, TO THE CENTER -WEST ONE -SIXTEENTH CORNER OF SAID SECTION 2; THENCE, SOUTH 0 06' 56" WEST, 1323.84 FEET, TO THE SOUTH-WEST ON -E -SIXTEENTH CORNER OF SAID SECTION 2; THENCE, SOUTH 0 14' 16" WEST, 1322.67 FEET, TO THE WEST ONE -SIXTEENTH CORNER BETWEEN SECTION 2 AND SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE, SOUTH 1 10' 11" EAST, 135.78 FEET, TO A POINT ON THE SOUTHERLY RIGHT -OF -WAX OF THE FIFTY (50) FOOT WIDE RIGHT-OF-WAY OF A.E. STBVENS ROAD; THENCE, ALONG THE SOUTHERLY RIGHT-OF-WAY OF STEVENS ROAD, SOUTH 61 28119' WEST, 1477.96 FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY OF 27TH STREET; THENCE, SOUTH 0 46'36" WEST, 458.27 FEET MORE OR LESS, TO A POINT ON THE SAID RIGHT- OF-WAY AND BEING 40 FEET EAST OF THE NORTH ONE-SDXTEENTH CORNER BETWEEN SECTIONS 10 AND 11; THENCE, SOUTH 126'08" WEST 1338.33 FEET TO A POINT ON THE SAID RIGHT-OF-WAY AND BEING 40 EAST OF THE ONE-QUARTER CORNER BETWEEN SECTIONS 10 AND 11; THENCE, SOUTH 0 33' WEST, 2146 FEET, MORE OR LESS, ALONG SAID RIGHT-OF-WAY; THENCE, CONTINUING ALONG THE ARC OF A 1392.39 FOOT RADIUS CURVE TO THE LEFT, 493.19 FEET, THE CHORD BEARING OF SOUTH 9 35' 51" EAST, 490.62 FEET, TO THE NORTH RIGHT-OF-WAY OF FERGUSON ROAD AS ESTABLIS'1iED IN 1908; THENCE LEAVING 27TH STREET RIGHT-OF-WAY, ALONG TELE TWENTY (20) NORTH RIGHT-OF-WAY OF 1908 FERGUSON ROAD, SOUTH •89 36' 19" EAST, 1208.79 FEET; THENCE, ALONG THE NORTH 20 -FOOT RIGHT-OF-WAY OF MCGILVRAY ROAD AS ESTABLISHED IN 1910, SOUTH 89 36' 19" EAST, 99455 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF THE P.G.T. GAS LINE EASEMENT; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 19 10' 21" WEST 21.12 FEET TO THE NORTH LINE OF SECTION 14, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 19 10'21" WEST 1208.21 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY CONVEYED TO CENTRAL ELECTRIC CO-OP BY DESCHUTES COUNTY IN BARGAIN AND SALE DEED VOLUME 337 PAGE 999; THENCE, LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE NORTH PROPERTY LINE OF SAID CENTRAL ELECTRIC COOPERATIVE PROPERTY NORTH 89 37'46" WEST, 1256.17 FEET, TO THE NORTH WEST PROPERTY CORNER OF SAID CENTRAL ELECTRIC COOPERATIVE PROPERTY; THENCE NORTH 89 36' 46" WEST, 88.95 FEET TO THE WESTERLY 40 FOOT RIGHT-OF-WAY LINE OF 27TH STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 25 33'09" WEST, 1089.82 FEET; THENCE, 156.92 FEET ALONG THE ARC OF A 1472.39 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS NORTH 22 29' 58" WEST, 156.84 FEET, TO THE SOUTH 20. FOOT RIGHT-OF-WAY LINE OF 1908 FERGUSON ROAD ALIGNMENT; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTH RIGHT- OF-WAY LINE NORTH 89 36' 19" WEST, 41.88 FEET TO THE WEST LNE OF SECTION 14; TI-lENCE, ALONG THE WEST LINE OF SECTION 14, SOUTH 0 20'39" WEST, 10.00 FEET; THENCE, ALONG THE SOUTHERLY 30 -FOOT RIGHT-OF-WAY LINE OF FERGUSON ROAD, NORTH 89 33'3 1 " WEST, 1315 FEET, MORE OF LESS, TO TETE EAST RIGHT-OF-WAY OF MAGNOLIA LANE; THENCE ALONG THE EAST RIGHT-OF-WAY OF MAGNOLIA LANE, SOUTH 0 42' 12" WEST, 1359.56 FEET, TO THE SOUTH RIGHT- OF-WAY OF HEARTHSTONE LANE; THENCE, ALONG THE SOUTH RIGHT-OF-WAY OF HEARTHSTONE LANE, NORTH 89 48' 40" WEST, 716.48 FEET; THENCE, NORTH 0 42' 12" EAST, 60.00 FEET; THENCE, NORTH 89 48' 40" WEST, 626.49 FEET, TO THE CENTER -NORTH ONE -SIXTEENTH CORNER OF SECTION FIFTEEN, TOWNSHIP 18 SOUTIi, RANGE 12 EAST; THENCE, SOUTH 0 35' 12" WEST, 1336.12 FEET, TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION FIFTEEN; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION, SOUTH 0 36'42" WEST, 1314.06 FFET, TO THE CENTER -SOUTH ONE -SIXTEENTH CORNER; THENCE, CONTINUING ALONG THE NORTH -SOUTH CENTERLINE, SOUTH 00 35' 17" WEST, 662.58 FEET, TO THE SOUTHEAST CORNER OF RAINTREE; THENCE, ALONG THE SOUTH LINE OF RAINTREE, SOUTH 89 59' 13" WEST, 657.58 FEET; THENCE LEAVING SAID SOUTH Resoiudon No. 2239 UGB Bounduy Dc=fpdon Pore 3 ors MCHIBIT 4 LINE, ALONG THE WEST TINE OF RAINTREE, NORTH 00 2640" EAST, 662.09 FEET, TO THE NORTHWEST CORNER OF RAITITREE; THENCE, SOUTH 89 57'04 WEST, 659.44 FEET, TO THE SOUTHWEST ONE -SIXTEENTH CORNER OF SECTION FIFTEEN, THENCE SOUTH 89 56' 04" WEST 1278.41 FEET TO THE EAST RIGHT-OF-WAY OF FIFTEENTH STREET, SAID POINT BEING 40 FEET EAST OF THE SOUI`H ONE- SI)CMENTH CORNER BETWEEN SECTIONS FIFTEEN AND SIXTEEN, THENCE ALONG THE EAST RIGHT-OF-WAY OF FIFTEENTH STREET, SOUTH 1 24' 40" EAST; 1322.07 FEET TO THE CENTE-RLINE OF KN07T ROAD; SAID POINT BEING 40 FEET EAST OF THE SOUTHWEST CORNER OF SECTION FIFTEEN; THENCE, SOUTH 00 02,39" EAST, 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD; THENCE, WESTERLY ALONG THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD TO THE EAST LINE OF BRIGHTENWOOD ESTATES IV, BEING MORE OR LESS SOUTH 89 1S' 15" WEST, 1779 FEET; THENCE, CONTINUING ALONG THE SOUTHERLY RTGHT-OF-WAY OF KNOTT ROAD, ON THE ARC OF AN 860 FOOT RADIUS CURVE TO THE LEFT, 504.50 FEET, THE CHORD BEING SOUTH 6148'21 " WEST, 497.30 FEET; THENCE, CONTINUING ALONG THE SAID RIGHT-OF-WAY SOUTH 45-00'00" WEST, 104.33 FELT, TO THE EASTERLY RIGHT -OF -WAV OF WOODSIDE ROAD; THENCE LEAVING KNOTT ROAD, ALONG TI4B EASTERLY RIGHT-OF-WAY OF WOODSIDE ROAD, ON THE ARC OF A 266.92 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT, 197.23 FEET, THE CHORD BEARING OF SOUTH 23 49'54" EAST, 192.78 FEET; THENCE, CONTINUING ALONG THE EAST RIGHT-OF-WAY SOUTH 00 27' I6" WEST, 260 FEET, MORE OR LESS, TO THE SOUTH LINE OF BRIGHTENWOOD ESTATES, IV; THE CONTINUING ALONG THE SAID RIGHT-OF-WAY, SOUTH 00 25' 52" WEST, 267.80, MORE OR LESS TO THE SOUTH RIGITT OF WAY OF BRIGHTBNWOOD LANE; THENCE, LEAVING SAID RIGHT-OF- WAY SOUTH 89 32' 44" WEST 444.99 FEET MORE OR LESS; TO THE WEST LINE OF THE NORTH EAST QUARTER OF SECTION TWENTY ONE; THENCE, SOUTH 0 25'59" WEST 1593.47 FEET,MORE OR LESS, TO THE CENTER ONE-QUARTER CORNER OF SECTION 21, TOWNSHIP 18 SOUTH, RANGE 12 EAST, THENCE SOUTII 89 29'27" WEST, 1304.69 FEET, ALONG THE SOUTH LINE OF BRIGHTENWOOD ESTATES II, TO THE CENTERWEST ONE -SIXTEENTH CORNER OF SAID SECTION 21; THENCE, ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 21, SOUTH 89 29'27- WEST, 778.19 FEET, TO THE NORTHEASTERLY RIGHT-OF-WAY OF WOODSIDE NORTH DRIVE; THENCE, ALONG SAID RIGHT-OF-WAY, NORTH 37 02' 45" WEST, 129.78 FEET; THENCE, CONTINUING ON SAID RIGHT-OF-WAY ON THE ARC OF A 25 FOOT RADIUS CURVE TO THE RIGHT, 39.27 FEET, THE CHORD BEARING OF NORTH 7 57' 17" EAST, 35.36 FEET, TO THE POINT OF INTERSECTION WITH THE SOUTHEASTERLY RIGHT -OF WAY OF KNOTT ROAD; THENCE, LEAVING THE SAID RIGHT-OF-WAY OF WOODSIDE NORTH DRIVE AND FOLLOWING ALONG THE SOUTHERLY RIGHT-OF-WAY OF KNOTT ROAD, SOUTH 52 57' 17" WEST, 291.81 FEET; THENCE, ALONG THE ARC OF A 1640 FOOT RADIUS CURVE TO THE RIGHT, 1228.01 FEET, THE CHORD BEARING OF SOUTH 74 24' 21" WEST, 1199.52 FEET; THENCE NORTII 84 08'35" WEST, 193.87 FEET; THENCE, ALONG THE ARC OF A 2360 FOOT RADIUS CURVE TO THE LEFT 484.67 FEET, THE CHORD BEARING OF SOUTH 89 58' 25" WEST, 483.82 FEET; THENCE, SOUTH 84 05' 25" WEST, 181.56 FEET; THENCE, ALONG TIM ARC OF A 660 FOOT RADIUS CURVE TO THE LEFT, 373.34 FEET, THE CHORD BEARING OF SOUTH 67 53'07 WEST, 36839 FEET; THENCE, CONTINUING ALONG THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD AND CROSSING CHINA HAT ROAD, SOUTH. 51 40' 48" WEST, 118.24 FEET, TO THE INTERSECTION WITH THE SOUTHWESTERLY RIGHT-OF-WAY OF CHINA HAT ROAD; THENCE, LEAVING THE PROJECTED RIGHT-OF-WAY OF KNOTT' ROAD FOLLOWLNG ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF A SIXTY-SIX FOOT WIDE RIGHT-OF-WAY- OF CHINA HAT ROAD, NORTH 37 51' 40" WEST, 636.29 FEET; THENCE, NORTH 35 4624" WEST, 383.49 FEET; THENCE AROUND THE ARC OF A 1447 FOOT RADIUS CURVE TO 11IE LEFT 296.27 FEET, THE CHORD BEARING OF NORTH 41 38' 20" WEST, 295.75 FEET; THENCE NORTH 47 30' 15" WEST, 2705.45 FEET; THENCE, ALONG THE ARC OF A 4033 FOOT RADIUS CURVE TO THE RIGHT 200.34 FEET, THE BEARING OF NORTH 46 04' 52" WEST, 200.32 FEET; THENCE, NORTH 44 39' 29" WEST, 99.17 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE DALLES-CALIFORNIA HIGHWAY (OREGON STATE HIGHWAY 97); THENCE, LEAVING THE SOUTH RIGHT-OF-WAY OF CHINA HAT ROAD, ALONG THE EAST RIGHT-OF-WAY OF THE DALLES-CALIFORNIA HIGHWAY NORTII 27 02' 54" EAST, 34.76 FEET TO THE INTERSECTION WITH THE CENTERLINE OF CHINA HAT ROAD, FROM WHICH THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE 12 EAST, BEARS NORTH 18 43' 50" EAST, 174.30 FEET. (CONTINUED ON PAGE FIyE ) ffiIBIT Resolution No. 2239 UGB Boundary Ocscription Paas 4 of 8 BEND URBAN GROWTH BOUNDARY (continued) THE FOLLOWING IS A CONTINUATION OF THE METES AND BOUNDS DESCRIPTION OF THE PROPOSED CITY OF BEND URBAN GROWTH BOUNDARY: RESUMING AT THE POINT ON THE EASTERLY RIGHT -OF -WAX OF THE DALLES CALIFORNIA 14IGMVAY (OREGON STATE HIGHWAY 97) WHERE THE CENTERLINE OF CHINA HAT ROAD INTERSECTS SAID RIGHT-OF-IVAY, FROM WHICH THE NORTHEAST CORNER OF SECTION 19 TOWNSHIP 18 SOUTH, RANGE 12 EAST BEARS NORTH 18 43'50" EAST 174.30 FEET; THENCE CROSSING TO THE WESTERLY RIGHT- OF-WAY OF HIGHWAY 97 ON A PROJECTION OF THE CENTERLINE OF CIM4A HAT ROAD NORTH 44 39'29" WEST 105.47 FEET; THENCE ALONG THE WESTERLY RIGHT- OF-WAY OF HIGHWAY 97 NORTH 26 48'45" EAST 100.29 FEET TO THE NORTH LINE OF SAID SECTION 19, FROM WHICH TIIE NORTHEAST CORNER OF SECTION 19 BEARS NORTH 89 38' 06" EAST 84.86 FEET; THENCE CONTINUING ALONG THE NORTH LINE OF SAID SECTION 19 SOUTH 89 38' 06" WEST 5266.97 FEET TO THE SECTION CORNER BETWEEN SECTIONS 18 AND 19, T18S., R12E., AND SECTIONS 13 AND 24, T18S., R11E., W.M., A PORTION OF SAID SECTION LINE FORMING THE SOUTH BOUNDARY OF RIVER BEND ESTATES; THENCE ALONG THE SOUTH LINE OF SAID SECTION 13, T18S., R11E., W.M., AND CONTINUING ALONG THE SOUTH BOUNDARY OF RIVER BEND ESTATES SOUTH 39 53'28" WEST 5323.71 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF SAID SECTION 13 NORTH 00 54' 18" EAST 5257.27 FEET TO THE NORTHERLY RIGHT- OF-WAY LINE OF CENTURY DRIVE (80.00 FOOT PM; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF CENTURY DRIVE NORTH 74 50' 22" EAST 2744.40 FEET MORE OR LESS TO THE CENTERLINE OF SECTION 12, T18S., R11E., W.M.,; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE CENTERLINE OF SAID SECTION 12 NORTH 00 4759" EAST 2010.62 FEET MORE OR LESS TO TIM CENTER QUARTER CORNER OF SECTION 12 SAID LINE BEING TIIE WEST BOUNDARY OF THE PLAT OF "FIRST ON THE HILL SITES"; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 12, SAID LINE BEING THE NORTH BOUNDARY OF THE PLAT OF "FIRST ON THE HILL SITES" SOUTH 89 48' 15" EAST 1323.98 FEET TO THE CENTER -EAST 1/16TH CORNER OF SECTION 12; THENCE LEAVING THE EAST -WEST CENTERLINE OF SECTION 12, NORTH 00 39' 59" EAST 2635.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF METOLIUS DRIVE PER THE PLAT OF BROKEN TOP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF METOLIUS DRIVE ALONG THE ARC OF A 680.00 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT 278.97 FEET, THE CHORD OF WHICH BEARS SOUTH 65 37'03" WEST 277.02 FEET; THENCE CROSSING ME-TOLTUS DRrn TO THE NORTHERLY RIGHT-OF-WAY ALONG A RADIAL LINE NORTH 36 08'08" WEST 80.00 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, AND CROSSING INTO SECTION 1, TOWNSHIP 18 SOUTH, RANGE 11 EAST, W.M., ALONG THE ARC OF A 760.00 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT 165.58 FEET, THE CHORD OF WHICH BEARS NORTH 60 33'20" EAST 165.25 FEET; THENCE LEAVING SAID NORTH RIGHT- OF-WAY OF METOLIUS DRIVE NORTH 79 31'59" WEST 132.90 FEET; THENCE NORTH 14 24' 17" WEST 94.39 FEET; THENCE CONTINUING NORTH 14 24'17" WEST 46.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE STH FAIRWAY PER SAID PLAT OF BROKEN TOP; THENCE NORTH 11 38'33 " WEST 125.65 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY BOUNDARY OF THE 8TH FAIRWAY AND BETWEEN LOTS 345 AND 346 PER PLAT NUNMER 806 OF BROKEN TOP; THENCE ALONG THE BOUNDARY OF THE PLATTED LOTS OF BROKEN TOP SOUTH 73 18'29" WEST 200.73 FEET; THENCE CONTINUING ALONG SAID BOUNDARY OF PLATTED LOTS SOUTH 79 16' 17" WEST 574.10 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE LOTS IN TRACT KFC, PHASE III H, PER THE PLAT OF BROKEN TOP, AND THE SOUTH CORNER BETWEEN LOTS 337 AND 338 OF SAID PLAT; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 84 51' 22" WEST 781.11 FEET; THENCE NORTH 112742" WEST 607.37 FEET; THENCE NORTH 47 47 18" WEST 1106.93 FEET TO A POINT ON THE PLATTED BOUNDARY OF LOTS PER TRACT LL OF THE PLAT OF BROKEN TOP; THENCE CONTINUING ALONG SAID LOT BOUNDARY IN TRACT LL NORTH 38 17'25" EAST 588.54 FEET; THENCE ALONG THE ARC OF A 628.00 FOOT RADIUS CURVE TO THE LEFT 453.45 FEET, THE CHORD OF W14ICH BEARS NORTH 17 36' 18" EAST 443.66 FEET; THENCE SOUTH 78 18' 19- WEST 113.44 FEET; THENCE SOUTH 47 21' 26" WEST 1105.03 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF THE LOTS IN PHASE 11-B OF THE PLAT OF BROKEN TOP, AND ALONG THE ARC OF A 2326.00 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT EMIIBIT 4 Resolution No. 2239 UGB Boundary Description Page 5 of 8 791.19 FEET, THE CHORD OF WHICH BEARS NORTH 29 20'49" WEST 787.38 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF PHASE 1V•13 PER THE PLAT OF BROKEN TOP, ALONG THE ARC OFA 2630.00 FOOT RADIUS CURVE TO THE LEFT 997.41 FEET, THE CHORD OF WHICH BEARS NORTH 30 15'5111 WEST 991.66 FEET: THENCE NORTH 14 18' 05" EAST 87.98 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PHASE TV -B SOUTH 74 22'49" EAST 789.59 FEET TO THE WEST RIGHT-OF-WAY OF GREEN LAKES LOOP PER THE PLAT OF BROKEN TOP; THENCE ALONG SAID WEST RIGHT-OF-WAY, ALONG THE ARC OF A 555.50 FOOT RADIUS CURVE TO THE RIGHT 130.99 FEET, THE CHORD OF WHICH BEARS NORTH 09 03' 11" EAST 130.69 FEET TO THE SOUTHERLY BOUNDARY OF PHASE II -H OF THE PLAT OF BROKEN TOP; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 58 31' 54" WEST 537.43 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PHASE R -K NORTH 70 17'40" EAST 1419.88 FEET TO THE WESTERLY BOUNDARY OF PHASE IV -A, AND THE NORTH LINE OF TRACT PP PER PLAT NUNMBER 858 OF BROKEN TOP; THENCE ALONG SAID WESTERLY BOUNDARY, ALONG THE ARC OF A 317.00 FOOT RADIUS NON -TAN'GEN'T CURVE TO TILE LEFT 93.22 FEET, 7I12 CHORD OF WHICH BEARS NORTH 02 54'39" WEST 92.88 FEET; THENCE ALONG THE ARC OF A 551.00 FOOT RADIUS CURVE TO TILE RIGHT 826.46 FEET, THE CHORD OF WHICH BEARS NORTH 31 38' 07" EAST 751.14 FEET, THENCE NORTH 74 36' 20" EAST 170.73 FEET; THENCE ALONG THE ARC OF A 830.00 FOOT RADIUS CURVE TO THE RIGHT 260.72 FEET, THE CHORD OF WHICH BEARS NORTH 83 36' 16" EAST 259.65 FEET; THENCE SOUTH 37 23'48" EAST 126.39 FEET TO THE SOUTHWESTERLY CORNER OF PHASE VI -13 OF THE PLAT OF BROKEN TOP; THENCE ALONG THE WEST BOUNDARY OF SAID PRASE VI -B NORTH 03 06' 41" EAST 522.80 FEET TO THE LINE BETWEEN SECTION 1, TOWNSHIP 18 SOUTH, RANGE II EAST, W.M., AND SECTION 36, TOWNSHIP 17 SOUTH, RANGE I 1 EAST, W.M.; 1TIENCE ALONG SAID SECTION LINE NORTH 89 38' 58" WEST 1426.54 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SUCTION 36 NORTH 00 14'01 " EAST 5256.47 FEET TO THE CORNER COMMON TO SECTIONS 25-26-35-36 IN TOWNSHIP 17 SOUTH, RANGE 11 EAST, W.M.; THENCE ALONG THE EAST LINE OF SECTION 26 NORTH 00 23' 18" EAST 1311.66 FEET TO THE SOUTH 1/16TH CORNER BETWEEN SAID SECTIONS 25 AND 26; THENCE NORTH 89 34'45" WEST 1326.83 FEET TO THE SOUTHEAST 1/16TII CORNER OF SAID SECITON 26; THENCE NORTH 00 13' 05" EAST 1311.67 FEET TO THE CENTER -EAST 1/1 6TH CORNER OP SECTION 26; THENCE NORTH 00 06' 46" EAST 1319.71 FEET TO THE NORTHEAST 1/16TH CORNER OF SECTION 26; THENCE NORTH 89 43' 09" WEST 1332.17 FEET TO THE CENTER NORTIT 1/16TH CORNER OF SECTION 26; THENCE SOUTH 00 02' 56" WEST 1316.46 FEET TO THE CENTER 1/4 CORNER OF SECTION 26; THENCE NORTH 89 34'45" WEST 1334.27 FEET TO THE CENTER -WEST 1/16TH CORNER OF SECTION 26; THENCE SOUTH 00 02' 13" WEST 1319.43 FEET TO THE SOUTHWEST 1/16TH CORNER OF SECTION 26, THENCE NORTH 89 49' 02" WEST 1001.46 FEET TO THE ORIGINAL EASTERLY BOUNDARY OF SHEVLIN PARK; THENCE ALONG SAID EASTERLY BOUNDARY OF SHEVLIN PARK NORTH 30 23'40" EAST 406.31 FEET; THENCE NORTH 25 00' 40" EAST 1650.56 FEET, THENCE NOR11I 18 41' 41"EAST 645.14 FEET; THENCE NORTH 10 54-24" EAST 297.82 FEET; THENCE NORTH 16 24'24" EAST 1242.47 FEET TO THE NORTH LINE OF SAID SECTION 26; THENCE LEAVING THE BOUNDARY OF SHEVLIN PARK AND CROSSING INTO SECTION 23, TOWNSHIP 17 SOUTH, RANGE 11 EAST W.M., AND ON A CALCULATED BEARING TO THE CENTER 1/4 CORNER OF SAID SECTION 23 NORTH 17 24'09" EAST 2760.10 FEET; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 23 SOUTH 00 06'08" WEST 2635.78 FEET TO TIS SOUTH 1/4 CORNER OF SECTION 23; THENCE ALONG THE SOUTH LINE OF SECTION 23 SOUTH 89 51'33" EAST 2664.33 FEET TO THE CORNER COMMON TO SECTIONS 23-24-25-26 JN TOWNSHIP 17 SOUTH, RANGE I1 EAST W.M.; THENCE ALONG THE LINE BETWEEN SAID SECTIONS 25 AND 26 SOUTH 00 06' 46" WEST 1322.97 FEET TO THE NORTH 1/16TH CORNER BETWEEN SECTIONS 25 AND 26; THENCE SOUTH 00 06'46" WEST 616.63 FEET TO TI -IE NORTHERLY RIGHT-OF-WAY OF SHEVLIN PARK ROAD (60.00 FOOT R/`W); TIIE UGB BOUNDARY LIES 200 FEET PARALLEL WITH AND NORTHERLY OF THE FOLLOWING 2 COURSES DESCRIBING THE SHEVLIN PARK ROAD RTGHTOF- WAY (DEED vol 313 page 960): THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY AND CROSSING INTO SECTION 25 TOWNSHIP 17 SOUTH, RANGE 11 EAST W.M. ON A CALCULATED BEARING OF SOUTH 50 00' 00" EAST 601.02 ..FEET; THENCE CONTINUING ALONG THE SAID NORTHERLY RIGHT-OF-WAY OF SHEVLIN PARI: ROAD ON A CALCULATED BEARING OF SOUTH 15 00'00" EAST 330.67 FEET TO THE EAST -WEST CENTERLINE OF SAID SECTION 25, AND THE NORTHWEST CORNER OF LOT 1, BLOCK 14 OF VALHALLA HEIGHTS PHASE IV; THENCE ALONG THE NORTH LINE OF SAID LOT 1 AND A PORTION OF THE NORTH LINE OF LOT 3, BLOCK 14 VALHALLA HEIGHTS PHASE IV, NORTH 89 56' 12" EAST 772.83 FEET TO ThE CENTER -WEST 1/16TE CORNER OF SAID SECTION 25; THENCE NORTH 00 04' 04" EAST 2642.78 FEET TO -THE WEST 1/1 6TH CORNER BETWEEN SECTIONS 25 AND 24 TOWNSIIIP 17 SOUTH, RANGE 11 EAST W.M.; THENCE CROSSING INTO SAID SECTION 24 NORTH 00 07'36" EAST 264238 FEET TO THE CE -WEST 1/16TH CORNER OF SECTION 24 AND THE NORTHWESTERLY CORNER OP A PARCEL_ Rcsoludon No. 2239 EXHIBIT 4 UGB Boundary Description Pp"e6 of DEEDED TO BROOKS RESOURCES PER VOLUME 207, PAGE 896, AND VOLUME 11, PAGE 501 DESCHUTES COUNTY DEEDS OF RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID -PARCEL NORTH 44 48' 02" EAST 2368.36 FEET TO THE SOUTHWEST CORNER OF A •PARCEL DESCRIBED IN VOLUME 13, PAGE 911 DEEDS OF RECORDS, DESCHUTES COUNTY, OREGON; THENCE FOLLOWING SAID PARCEL NORTH 44 48' 02" EAST 625.00 FEET, THENCE NORTH 89 59' 05" EAST 266.73 FEET; THENCE SOUTH 45 02'32" EAST 200.00 FEET; THENCE SOUTH 45 02' 32" EAST 234.28 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF PUTNAM ROAD PER THE PLAT OF AWBREY MEADOWS AND A PROTECTION OF THE CENTERLINE OF THE TUMALO nUUGATTON DISTRICT CANAL; THENCE CROSSING SAID PUTNAiM ROAD AND FOLLOWING ALONG THE CENTERLINE OF THE TUMALO CANAL PER THE PLAT OF AWBREY MEADOWS (SAD) CANAL CENTERLINE FORMING THE BOUNDARY BETWEEN AWBREY MEADOWS AND AWBREY GLEN HOMESITES THROUGH A PORTION OF SECTION 24, TOWNSHIP 17 SOUTH, RANGE I1 EAST W.M.) THE FOLLOWING COURSES AND DISTANCES: SOUTH 45 02'32" EAST 619.24 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC = 54,24 FEET, CHORD = SOUTH 51 15' 28" EAST 54.13 FEET; SOUTH 57 281240 EAST 45.12 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC = 78.65 FEET, CHORD - SOUTH 66 29' 10" EAST78.33 FEET; SOUTH 75 29' 55" EAST 125.07 FEET; A 500.00 FOOT RADIUS CURVE RIGHT ARC = 34.97 FEET, CHORD = SOUTH 73 29'41" EAST 34.96 FEET; SOUTH 7129'28" EAST 213.44 FEET; A 150.00 FOOT RADIUS CURVE LEFT ARC = 91.73 FEET, CHORD = SOUTH89 00' 38" EAST 90.31 FEET; NORTH 73 28113" EAST 83.63 FEET, A 250.00 FOOT RADIUS CURVE LEFT ARC = 60.66 FEET, CHORD = NORTH 66 31' 07" EAST 60.51 FEET; NORTH 59 34102" EAST 89.11 FEET TO THE SECTION LINE BETWEEN SAID SECTION 24, T17S., Rll E., W.M., AND SECTION 19, T17S., R12 E., W.M.; THENCE CONTINUING ALONG SAID CANAL CENTERLINE IN SECTION 19: NORTH 59 34102" EAST 100.98 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC = 85.59 FEET, CHORD - NORTH 69 22' 32" EAST 85.18 FEET; NORTH 79 11102- EAST 243.44 FEET; A 200.00 FOOT RADIUS CURVE LEFT ARC - 88.40 FEET, CHORD = NORTH 66 31' 17" EAST 87.68 FEET; NORTH 53 51'33" EAST 697.51 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC = 50.04 FEET, CHORD = NORTH 48 07'29" EAST 49.96 FEET; NORTH 42 23' 24" EAST 43795 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC - 13954 FEET, CHORD - NORTH 58 22' 50" EAST 137.74 FEET; NORTH 74 22' 17" EAST 167.77 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC = 58.35 FEET, CHORD = NORTH 81 03' 29" EAST 58.22 FEET; NORTH 87 44' 41" EAST 182.64 FEET; A 500.00 FOOT RADIUS CURVE RIGHT ARC = 33.46 FEET, CHORD = NORTH 89 39' 42" EAST 33.45 FEET; SOUTH 88 25' 18" EAST 105.45 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC = 100.92 FEET, CHORD - SOUTH 76 51'23" EAST 100.24 FEET; SOUTH 65 17'29" EAST 118.28 FEET; A 300.00 FOOT RADIUS CURVE LEFT ARC = 50.45 FEET, CHORD - SOUTH 70 0613311 EAST 50.39 FEET; SOUTH 74 35'36" EAST 194.95 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC - 73.08 FEET, CHORD - SOUTH 83 18103" EAST 72.82 FEET; NORTH 88 19'29" EAST 375.00 FEET; A 350.00 FOOT RADIUS CURVE LEFT ARC - 46.63 FEET, CHORD - NORTH 84 30127" EAST 46.60 FEET; NORTH 80 41'26" EAST 95.15 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC - 67.07 FEET, CHORD = NORTH 88 22' 35" EAST 66.87 FEET; SOUTH 83 56117- EAST 25.31 FEET; A 150.00 FOOT RADIUS CURVE RIGHT ARC =102.92 FEET, CHORD - SOUTH 64 16'56" JEAST 100.91 FEET; THENCE LEAVING THE CANAL CENTERLINE AND ALONG THE EAST BOUNDARY OF THE SAID PLAT OF AWBRBY MEADOWS NORTH 17 18' 14" EAST 452.98 FEET TO THE SECTION LINE BETWEEN SECTIONS 18 AND 19 IN T17S., R12 E., w -m., FROM WHICH TEE NORTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 89,39'07" EAST 1766 FEET, MORE OR LESS; THENCE CONTINUING ALONG THE SAID EAST BOUNDARY OF AWBREY MEADOWS NORTH 17 18114" EAST 73.79 FEET (PER PLAT) TO THE CENTERLINE OF THE DESCHUTES RIVER; THENCE LEAVING THE BOUNDARY OF THE PLAT OF AWBREY MEADOWS AND FOLLOWING ALONG THE CENTERLINE OF THE DESCHUTES RIVER SOUTH 84 33' 30" EAST 107 FEET, MORE OR LESS, THENCE SOUTH 42 00' 00" EAST 82 FEET, MORE OR LESS, TO THE SECTION LINE BETWEEN SAID SECTIONS 18 AND 19, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 89 39'07" EAST 1582 FEET, MORE OR LESS; THENCE SOUTH 42 00'0011 EAST 155 FEET, MORE OR LESS; THENCE SOUTH 22 00'00" EAST 730 FEET MORE OR LESS; THENCE SOUTH 62 00'00" EAST 120 FEET, MORE OR LESS; THENCE NORTH 82 00' 00 EAST 170 FEET, MORE OR LESS; THENCE NORTH 36 00' 00" EAST 552 FEET, MORE OR LESS; THENCE NORTH 18 11'34" EAST 391 FEET, MORE OR LESS TO THE SECTION LINE BETWEEN SAID SECTIONS 18 AND 19 (FROM WMCH THE NORTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 89 39'07" EAST 484 FEET, MORE OR LESS) TO A POINT ON THE RIVER THAT FORMS A PORTION OF THE BOUNDARY OF WYNDEMERE PHASE III; THENCE CONTINUING ALONG THE DESCHUTES RIVER AND THE SAID BOUNDARY OF WYNDEMERE PHASE III, NORTH 18 11'34" EAST 663 FEET, MORE OR LESS; THENCE NORTH 25 00' 00" EAST 275 FEET, MORE OR LESS; THENCE NORTH 55 00' 00" EAST 200 FEET, MORE OR LESS, TO THE SECTION LINE BETWEEN SECTIONS 17 AND 18 IN TOWNSHIP 17 SOUTH, RANGE 12 EAST, W.M., FROM WHICH THE SOUTHWEST CORNER OF SECTION 17 (AND THE NORTHEAST CORNER OF SAID SECTION 19) BEARS SOUTH 00 09' 10" WEST 996 FEET, MORE OR LESS; THENCE CONTINUING Resolution No. 2239 E%HIBIT 4 UGB Boundary Descripion Pow 7 oC 8 ALONG THE CENTERLINE (THREAD) OF THE DESCHUTES RIVER AND WYNDEMfiRE BOUNDARY NORTH 82 IT 32" EAST 261 FEET, MORE OR LESS; THENCE SOUTH 83 21' 15" EAST 75 FEET, MORE OR LESS; THENCE SOUTH 64 32'38" EAST 50 FEET, MORE OR LESS: THENCE SOUTH 4148'34.1 EAST 75 FEET, MORE OR LESS; THENCE SOUTH 52 46' 08" EAST 160 FEET, MORE OR LESS; THENCE SOUTH 67 41'25" EAST 155 FEET, MORE OR LESS; THENCE NORTH 8140'51 " EAST 240 FEET, MORE OR LESS; THENCE NORTH 69 52'52" EAST 75 FEET, MORE OR LESS, TO A POINT ON THE DESCIIUTES RIVER AND THE BOUNDARY BETWEEN SAID WYNDEMERE PHASE Ill AND RTMROCR WEST PHASE 3; THENCE CONTINUING ALONG THE DESCHUTES RIVER AND A PORTION OF THE BOUNDARY OF RIMROCK WEST PHASE 3, NORTH 75 59'00" EAST 325 FEET, MORE OR LESS; THENCE LEAVING THE DESCIIUTES RIVER NORTH 00 09' 10" EAST 376.38 FEET TO THE SOUTHWEST 1/16TH CORNER OF SECTION IT AND A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH ROAD PER THE PLAT OF GLEN VISTA; THENCE SOUTH 89 33' 21" EAST 661.25 FEET TO THE CENTER EAST - SOUTHWEST 1/64TH CORNER; THENCE NORTH 00 09' 10" EAST 1307.99 FEET TO THE EAST -WEST CENTERLINE OF SAID SECTION 17; THENCE ALONG THE EAST -WEST CENTERLINE OF SECTION 17 SOUTH 89 54'42" EAST 2690.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20, AT APPROXIMATE FNGINEER'S STATION 240+90; THE WESTERLY RIGHT-OF-WAY IS 80.00 FEET WIDE AT TRIS POINT (from ccnterline to r/w) AND THE EAST QUARTER CORNER OF SAID SECTION 17 BEARS SOUTH 89 54'42" EAST 618.83 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20 NORTH 24 29'09- WEST 21.22 FEET; THENCE NORTH 24 45'03" WEST 1080.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20 THAT TS 85.00 FEET WIDE (from centerline to r/w); THENCE NORTH 24 29' 08" WEST 1799.62 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 17; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20 AND ALONG THE NORTII LINE OF SAID SECTION 17 NORTH 89 59'16" EAST 1824.56 FEET TO THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 17 SOUTH, RANGE 12 EAST (AT -SO BEING THE NORTHEAST CORNER OF SAID SECTION 17) AND THE POINT OF BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM ALL LANDS LYING WITHIN THE CURRENT LIMITS OF THE CITY OF BEND, OREGON, AS OF 12 JANUARY 1999. NOTE: THIS DESCRIPTION IS BASED UPON AVAILABLE RECORDED SURVEYS AND DEEDS. ERROR WAS ADJUSTED USING DESCHUTES COUNTY GPS CONTROL DATA ON SECTION AND QUARTER CORNERS ALONG THE PROJECTED URBAN GROWTH BOUNDARY. (14 AUG 1998) (revised 9/02/98) (revised 1/12/99) (revised 1/29/99) EMBIT 4 Rcsoludon No. 2239 UGB Boundary Dcscripdon p -I f C:4REAEE RAP LA Figure 1 Bend Urban Planning Area --- _; .. _ - �•:— L, t �� � 3 i� P _ S i � is F - I ` ) :: �T•i �; �;'r - .. ' �;�i�"-vr•I,�3� y.Il � �.�" an N - Railroad ��;-:13;;,:17;.: i• -^-+'o -'• : !, •.'• -�,... _ — _ .,_. Deschutes River Parcel Boundaries"=T-- ,% Sheets and Roads _ - - — Urban GroBoundary - i59wth Urban Area Reserve J IjLAJL PLAN M4NAGEMEYVT AND CITIZEN Iry r%OL VEiVENT 1 - 5 ESHIBIT 4 PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY FEBRUARY 2000 PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY Dated 1/25/00 Justice Court Formation Committee: Dennis Luke — County Commissioner, Vice Chair Dave Elliott — Sisters Citizen Barbara Warren — City of Sisters Administrator Randy Gordon — LaPine Citizen Greg Brown — Sheriff Mike Maier — County Administrator Sue Brewster — Sheriff Legal Counsel Susan Mayea — County Staff Andy Parks — Assistant Manager City of Bend Steve Titkin — Presiding Judge, Deschutes County Circuit Court Ernie Mazorol — Trial Court Administrator Resources: Honorable Jad Lemhouse. Justice of the Peace, Linn County Gabriele Glenn, Court Supervisor, Central Lane Justice Court I. BACKGROUND In Deschutes County, like other counties in the state excluding municipalities, the court system is operated by the State of Oregon. Judges, known as Circuit Court Judges, preside over cases ranging from violations to felonies. In Deschutes County, two Circuit Judges generally preside over violations and misdemeanors and four other Circuit Judges primarily preside over felony and civil cases. There is also a court presided over by pro -tem judges who hear small claims, forcible entry and detainer (FEDs) and traffic cases, and a Juvenile Referee for juvenile matters. -1- The state court system in Deschutes County is located in Bend and only operates only during the traditional daytime weekday hours. No night or weekend courts are scheduled and the state courts do not hold court in other locations in the county. A person appearing for a violation case, generally a traffic citation, often must take time off from work and travel 50 or more miles round trip from LaPine, Sisters, or Redmond-Terrebonne. Justice courts existed for many years in Deschutes County. Prior to the mid- 1970s, Deschutes County justice courts were held in Redmond and LaPine. As Deschutes County grew it was decided that justice courts were outdated and they were closed. In recent times Justice Courts have gained popularity around the state for primarily four reasons: 1) The revenue generated from traffic citations stay locally; 2) Justice courts are geographically convenient for citizens and usually offer some evening court hours; 3) Small claims can be handled in the community and 4) Justice courts help relieve the crowded dockets of state courts which can then concentrate on more serious matters. Oregon Justice Courts: In 1998 there were 33 justice courts with 29 judges (some judges work in more than one court) being operated in the State of Oregon. Those courts processed over 135,000 traffic violations and several thousand small claims cases. In some rural jurisdictions, justice courts also handle criminal cases. Lane & Linn County Justice Courts: The Justice Court committee examined two justice courts. The Honorable Jad Lemhouse of the Central Linn Justice Court provided invaluable information on the formation and operation of a justice court. Judge Lemhouse also provided the committee with documents on how revenues differ in justice and state courts. These documents are attached to this report. Judge Lemhouse continues to be available as a resource. Gabriele Glenn, Court Supervisor for Central Lane Justice Court, also provided invaluable information on the formation and operation of Justice Courts. Lane County operates three distinct justice courts, located in Florence, Oakridge, and Springfield. These three courts had total revenues in 1997-1998 of $3,240,097 See Exhibit J with a combined total staff of -2- 32.0 FTEs that include 15 sheriff traffic safety team members. Ms. Glenn is continuing to provide the Deschutes County Justice Court Formation Committee assistance in analysis and recommendations for establishing and operating a justice court district. How the Money is Split on Sheriff's Office Tickets: Traffic violators issued tickets by a Deschutes County Deputy Sheriff are currently handled by the state courts located in the City of Bend. A typical violation fine is $175.00. Collection rates for vary for each County. Upon collection, $55.00 is paid to the State assessment fund. The state also receives an additional share for a total of 54.1 % of revenue collected. The County receives 45.9%. At present, 46% of revenue collected by the state court goes to the Sheriff. The same $175.00 fine assessed in a justice court means $55.00 is paid to the assessment fund and the rest of the fine ($125.00) goes to the county. In a Justice Court, the State receives 18.8% of the fine and the county receives 81.2%. Typically, justice court collection rates are much higher than those of state courts. See Exhibit F Justice Court Impact on Sheriff Traffic Safety Revenue: Currently Deschutes County receives less than $130,000 per year from State collected traffic fines for citations issued by deputy sheriffs. These funds are used to help pay for traffic safety deputies. Revenue is presently insufficient to provide adequate countywide traffic safety. If those same citations were processed in a justice court, revenue available for sheriff traffic safety efforts would increase to over $320,000. With Deschutes County's rapid growth rate along with the fact that it is a destination for over 6 1/2 million visitors annually traffic safety is a major public safety concern. Within the last ten years, traffic crashes and daily vehicle counts at most locations have increased dramatically. -3- Deschutes County Traffic Information: Traffic Crashes Investigated by the Deschutes County Sheriff s Office 1999 642 1998 344 1993 177 1989 62 Daily Vehicle Traffic Counts in Deschutes County Highway 97 — Baker Road (southbound) 1998 16,100/day 1988 9,800/day Highway 97 - Deschutes Junction (southbound) 1998 20,100/day 1988 11,700/day Baker Road — Deschutes River Woods 1997 7,072/day 1980 2,873/day Cline Falls Highway 1997 3,008/day 1980 693/day Knott Road 1997 5,255/day 1980 594/day Legislation: Two pieces of legislation were introduced by Deschutes County and passed by the 1999 Oregon Legislature: 1) SB 1006 Allows the closest court of jurisdiction to include justice courts. Citations issued in jurisdictions adjoining Deschutes County can now be cited into a Deschutes County justice court. For example, if a citation is issued west of the Camp Sherman Junction in Jefferson County, the closest court of jurisdiction would be the justice court in Sisters. Jefferson County has expressed interest in using a justice court in Sisters. A Sisters justice court would provide better service to local Camp Sherman residents who now must drive to Madras. SB -4- local Camp Sherman residents who now must drive to Madras. SB 1006 also allows citations issued by the Oregon State Police and Sheriffs Office to be cited to a court in Sisters. 2) SB 845 Allows county forming a new justice court to require that the justice of the peace be a member of the Oregon State Bar. Prior to SB 845, the governing body forming the court had no authority to establish qualifications for the justice that were not included under State law. Justice Court Requirements and Restrictions: ORS Ch. 51 sets out the organization, jurisdiction, justice of peace qualifications and the fees and fine amounts for justice courts. Justice court districts cannot include any portion of a city, that is the county seat (a few grandfathered counties are excepted). No more than six justice court districts can be established within a county. ORS 51.020 A justice of the peace must be a U.S. citizen and have been a resident of the State of Oregon for three years prior to appointment or election and have had a principal office in the justice court district or be a resident of the district for at least one year prior to appointment or election. ORS 51.240. Appointment of Justice of the Peace: Once the Board of County Commissioners orders the formation of justice court district, the Governor will appoint the first justice. Jeff Brown of the Governor's Staff (503-378-3072) will coordinate the appointment. The Deschutes County Justice Court Committee has requested to the Governor's staff that Deschutes County be involved in the interview process of prospective applicants. -5- II. PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY The Justice Court Committee recommends that the Board of County Commissioners approve an order establishing a justice court district. The committee makes the following recommendations; 1) That the BOCC order the establishment of a single justice court district consisting of Deschutes County, excluding the City of Bend. 2) That the order forming the justice court requires that justice courts be located in Redmond, LaPine, Sisters, and Terrebonne. This would not restrict the establishment of additional courts, but would require courts in those locations. 3) That the order require that no less than one night court per month be held in each court location. This would not restrict additional night courts, but mandates court at least one night per month. Proposed Timeline: February 2000 BOCC orders the formation of a justice court district. March 2000 County advertises for Justice Court Administrator. April 2000 Governors office asked to start the appointment process. Administrator hired. July 2000 Justice court begins. -6- Facilities: LaPine: There are no court facilities presently located in LaPine. Initially, the court may be able to use a school classroom or similar facility for court. It is recommended that a multi- purpose courtroom be added to the LaPine sheriff station when the sheriff and CDD expand the facility. Sisters: The City of Sisters has a multi-purpose room used as a courtroom in city hall. Within three years the City will move to a new facility that will also include a multi-purpose room. The municipal court is presently managed by the Sheriff's Office. The City of Sisters is interested in merging the present municipal court with a justice court that would serve the region. Terrebonne: Sufficient space exists in the Terrebonne sheriff station for a justice court. Redmond: The justice court offices can be located in the North Deschutes County Service Building. Sheriff Traffic Safe Team: The Sheriff Traffic Safety Team has seven authorized FTE positions that include one sergeant and six deputies. Currently, of those seven positions, three are funded by traffic safety fines, Oregon PUC funds, and a county road department contract. Two of those three positions work motor carrier - truck safety enforcement. Three of the other four positions are partially grant funded through 2001 and the fourth position is presently vacant. The Justice Court Committee recommends revenue in excess of the unitary assessment and court operation expenses be used for countywide sheriff traffic safety. The goal is to use justice court revenue to increase the sheriff traffic safety team to ten FTEs to keep pace with the explosive growth in Deschutes County. This would provide for one sergeant, two motor carrier truck safety inspectors, one traffic safety deputy assigned to LaPine, Sisters, Redmond- Terrebonne, and four deputies that can be assigned countywide. -7- City of Sisters — Court Merger: The Justice Court Formation Committee is working with the City of Sisters to develop a proposed intergovernmental agreement to merge the City of Sisters Municipal Court into justice court. Budget: A proposed budget for the next three years is attached as Exhibit A. The Justice Court Committee recommends that some of the members of the Justice Court Committee assist in the development of the justice court budget for the next few years. The sheriffs fund will provide the start-up resources necessary for court operations. A budgeted payback transfer to the Sheriff s fund would then be made during the first fiscal year of court operations. -s- ATTACHMENTS TO PROPOSAL TO ESTABLISH JUSTICE COURTS IN DESCHUTES COUNTY • PROJECTED BUDGET, EXHIBIT A • ORDER FOR FORMATION OF DESCHUTES COUNTY JUSTICE COURTS, EXHIBIT B • DESCHUTES COUNTY GOALS, EXHIBIT C • JOB DESCRIPTION - COURT ADMINISTRATOR, EXHIBIT D • JOB DESCRIPTION - COURT CLERK, EXHIBIT E • HOW THE MONEY IS SPLIT, EXHIBIT F • JUSTICE COURT ASSESSMENTS, EXHIBIT G • INTERGOVERNMENTAL AGREEMENTS, EXHIBIT H • 1998 JUSTICE COURTS IN OREGON, EXHIBIT I • LANE COUNTY JUSTICE COURTS BUDGET, EXHIBIT J • BASE FINE SUMMARY, EXHIBIT K • ORDER ADOPTING NEW UNIFORM CITATION FORMS AND RESCINDING EXISTING UNIFORM CITATION FORMS, EXHIBIT L PROJECTED BUDGET RESOURCES: FY 2000-2001 FY 2001-2002 FY2002-2003 Beginning Capitol $ 23,000.00 $ 63,000.00 $ 900,000.00 $ 1,350,000.00 $ 1,800,000.00 (6,000 tickets) (9,000 tickets) (12,000 tickets) @80% collection rate $ 720,000.00 $ 1,103,000.00 $ 1,503,000.00 EXPENDITURES: Assessments $255,000.00 $ 382,000.00 $ 510,000.00 Justice of the Peace 43,000.00 .50 FTE 45,000.00 .50 FTE 94,000.00 Senior Clerk 48,000.00 1.0 FTE 50,000.00 1.0 FTE 53,000.00 Clerk 64,000.00 2.0 FTE 102,000.00 3.0 FTE 140,000.00 Security 20,000.00 24,000.00 32,000.00 Rent 24,000.00 30,000.00 36,000.00 Mat & Sery 44,000.00 55,000.00 70,000.00 Capital Outlay 40,000.00 25,000.00 25,000.00 Reserve Fund 23,000.00 63,000.00 113,000.00 Fund Transfer 40,000.00 *Sheriff Traffic Safety 119,000.00 327,000.00 430,000.00 TOTAL 11,1 U i,uuu.uu Staff FTE does not include present sheriff office staff in Sisters & LaPine that will assist. *Revenue in excess of expenditures and reserve fund is dedicated for Sheriff Traffic Safety Enforcement. EXHIBIT A Mille 1.0 FTE 1.0 FTE 4.0 FTE BEFORE THE BOARD OF COUNTY CONMSSIONERS OF DESCHUTES COUNTY, OREGON An Order Initiating the Formation of the Deschutes County Justice Court. ORDER NO.2000-023 WHEREAS, ORS 51.020 authorizes the formation of a Justice of the Peace District in Deschutes County, Oregon; and WHEREAS, ORS 51.020 authorizes the Board to initiate the formation of a Justice of the Peace District located entirely within Deschutes County, Oregon, but exempting the City of Bend, by order of the Board; and WHEREAS, the Board adopts the findings contained in the proposal to establish Justice Courts dated January 2000, attached hereby and incorporated herein as "Exhibit 1" and finds that there is a need for a Justice of the Peace District in Deschutes County, Oregon, and that it is in the public interest to initiate the formation of the Justice of the Peace District. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Board of County Commissioners of Deschutes County, Oregon, hereby declares the formation of the Deschutes County Justice of the Peace District pursuant to ORS 51.020. Section 2. The Justice of the Peace District shall be named the Deschutes County Justice Court District. Section 3. The boundary of the Deschutes County Justice Court District is the boundary of Deschutes County as set forth in ORS 201.090 and depicted on the map of Deschutes County, respectively marked "Exhibits 2 and 3," attached hereto and by this reference incorporated herein, but excluding the area within the City of Bend as set forth in "Exhibit 4," attached hereto and by this reference incorporated herein. Section 4. At a minimum, the Deschutes County Justice Court District shall hold court sessions in LaPine, Sisters and Terrebonne once a month, with one session per month being held after 5:00 p.m. Section 5. As a qualification for office, a Justice of the Peace for the Deschutes County Justice Court District shall be a member of the Oregon State Bar. DATED this 9th day of February 2000. ATTEST: Recording Secretary Page 1 of 1 — ORDER NO. 00-023 (02/09/00) - 11 - Linda L. Swearingen, Chair Dennis R. Luke, Vice Chair Tom DeWolf, Commissioner EXHIBIT B 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 thence corner of such township; 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. EXHIBIT .1 . ITS 1 z -01900-90ES / UC O / Z L2 r (W Q l Z } N 0 Lu W 0<1 Q r LL I O L� O r 7 N r. 3 t 5 y O !7+ C YL ' K m y� 4 {EI FXHIBIT 2 9 n BEND URBAN GROWTH BOUNDARY THE FOLLOWING IS A METES AND BOUNDS DESCRIPTION OF THE PROPOSED CITY OF BEND URBAN GROWTH BOUNDARY: BEGINNING AT THE SOUTHWEST CORNER OF SECTION NINE (9), TOWNSHIP SEVENTEEN (17) SOUTH, RANGE TWELVE (12) EAST, OF THE WMLAI%=E MERIDIAN, DESCHUTES COUNTY, OREGON, THENCE, ALONG THE SOUTH LINE OF SECTION 9, NORTH 89 54' 20" EAST, 1322.33 FEET, TO THE WEST ONE -SIXTEENTH (1116) CORNER BETWEEN SECTIONS 9 AND 16; THENCE NORTH 0 19' 33" WEST, 1327.17 FEET, TO TIB? SOUTHWEST ONE -SIXTEENTH (1/16) CORNER OF SAID SECTION 9; THENCE, NORTH 89 47' 07" EAST, 991.98 MORE OR LESS;TO THE WEST RIGHT OF WAY OF CLAUSEN DRIVE, THENCE ALONG THE WESTERLY RIGHT-OF- WAY OF CLAUSEN DRIVE THROUGH THE FOLLOWING COURSES: ALONG THE ARC OF A 240 FOOT RADIUS NON TANGENT CURVE RIGHT 71.96 FEET CHORD BEARING Ni 1-01-46E 6291 FEET, MORE OF LESS, THENCE NORTH 18 49' 39" EAST, 1362.62 FEET MORE OR LESS; THENCE, ALONG THE ARC OF A 120 FOOT RADIUS CURVE TO THE LEFT 19.33 FEET HAVING A CHORD BEARING OF NORTH 14 39'3 1' EAST, 19.31 FEET; THENCE, ALONG THE ARC OF A 210 FOOT RADIUS CURVE TO TIE RIGIiT 171.27 FEET, HAVING A CHORD BEARING OF NORTH 33 24'26" EAST, 166.56 FEET; THENCE, NORTH 56 46'17" EAST, 75.09 FEET, TO THE POINT ON THE RIGHT-OF-WAY AT THE START OF A CUL-DE-SAC BULB; THENCE, AROUND THE BULB ALONG THE ARC OF A 55 FOOT RADIUS CURVE TO THE RIGHT 172.79 FEET, HAVING A CHORD BEARING OF NORTH 89 49' 37" EAST, 110.00 FEET; THENCE, LEAVING THE RIGHT-OF-WAY OF CLAUSEN DRIVE, ALONG THE SOUTHEASTERLY LINE OF DESCHUTES MEMORIAL GARDENS AS PER PARTITION PLAT NO. 1994-46, NORTH 56 46'17' EAST, 501 SS FEET; THENCE, SOUTH 87 59' 03" EAST, 110.51 FEET, TO THE WESTERLY RIGHT-OF-WAY OF US HIGHWAY 97; THENCE, CONTINUING ALONG THE RIGHT-OF-WAY OF US HIGHWAY 97 THROUGH THE FOLLOWING COURSES: SOUTH 26 33'02" WEST, 193.14 FEET; THENCE, SOUTH 22 31'03" WEST, 15353 FEET; THENCE, SOUTH 22 31'03" WEST, 188.36 FEET, TO THE SOUTHEASTERLY CORNER OF PARCEL TWO AS PER PARTITION PLAT NO. 1994-46; THENCE, CONTINUING SOUTH 22 31' 03 WEST, 27.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION NINE; THENCE, CROSSING SAID RIGHT OF -WAY OF US HIGHWAY 97. AND CONTINUING ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION NINE, NORTH 89 53'44" EAST, 587.87 FEET TO THE EASTERLY RIGHT-OF- WAY OF THE OREGON TRUNK RAILROAD; THENCE, FOLLOWING THE EASTERLY RIGHT-OF-WAY OF SAID RAILROAD, NORTH 42 10' 33" EAST, 1976.13 FEET TO A POINT ON THE EAST LINE OF SECTION 9; THENCE, ALONG THE SECTION LINE BETWEEN SECTIONS 9 AND 10, SOUTH 0 03' 53" EAST, 1462.06 FEET, TO THE EAST ONE-QUARTER CORNER OF SECTION 9; THENCE, CONTINUING ALONG THE SECTION LINE BETWEEN SECTIONS 9 AND 10, SOUTH 0 03' 53" EAST, 2644.20 FEET TO THE SOUTHEAST CORNER OF SECTION 9; THENCE, NORTH 89 52' 15" EAST, 1312.08 ALONG THE SOUTH LINE OF SECTION 10, TOWNSHIP 17 SOUTH, RANGE 12 EAST, W -K, (THIS LINE ALSO BEING THE NORTH LINE OF AN EIGHTY FOOT WIDE RIGHT-OF-WAY OF PUBLIC ROAD DEDICATION 233-R-1304) TO THE WEST ONE - SIXTEENTH CORNER BETWEEN SECTIONS 10 AND 15; THENCE, SOUTH 00 17' 15" WEST, 1323.22 FEET, ALONG THE EAST RIGHT-OF-WAY OF SAID PUBLIC ROAD DEDICATION, TO TIB; NORTHWEST ONE -SIXTEENTH CORNER OF SECTION 15, TOWNSHIP 17 SOUTH, RANGE 12 EAST, AND THE END OF THE PUBLIC ROAD DEDICATION AND ALSO BEING THE CENTERLINE OF A SIXY FOOT WIDE RIGHT OF WAY FOR EGYPT ROAD; THENCE, SOUTH 0 00'19 WEST, 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF EGYPT ROAD; THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF EGYPT ROAD SOUTH 89 54' 57" WEST, 1313.89 FEET,TO THE EAST LINE OF PHOENIX PARR PHASE ONE, THENCE, LEAVING SAID SOUTH RIGHT-OF-WAY OF EGYPT ROAD SOUTH 00 OG 45" WEST, 1292.18 FEET, TO THE EAST ONE-QUARTER CORNER OF SECTION 16; THENCE, ALONG THE EAST -WEST CENTERLINE OF SECTION 15, NORTH 89 41'51 " EAST 1315.92 TO THE CE.TMR-WEST ONE-SIXTEL-NTH CORNER, ALSO BEING THE NORTHWEST COILNER OF CANAL VIEW PHASE TWO, AND ON THE EAST LINE OF AN 80 FOOT RIGHT-OF-WAY FOR 18TH STREET; THENCE, NORTH 89 39'35" EAST, 713.47 FEET, ALONG THE NORTH LINE OF CANAL VIEW PHASE ONE; THENCE CONT24UING NORTH 89 39'35" EAST 420.00 FEET, TO THE CENTERLINE OF THE CENTRAL OREGON IRRIGATION DISTRICT'S PILOT BUTTE CANAL; THENCE, FOLLOWING THE CEN'T'ERLINE OF SAID CANAL THROUGH THE EXHIBIT 3 Raolution No. 2139 UGS Boundary Desaipdon Page i of8 FOLLOWING COURSES: SOUTH 69 25'47" WEST 232.14; THENCE SOUTH 39 16' 30" WEST 170.64 FEET, MORE OR LESS; THENCE SOUTH 39 03'42" WEST, 145.77 FEET; THENCE, SOUTH 71 05114' WEST, 194.89 FEET; THENCE, SOUTH 26 59,2211 WEST, 309.83 FEET; THENCE, SOUTIi 19 48' 56" WEST 287.42 FEET; THENCE, SOUTH 6 31' WEST, 163-00 FEET: THENCE, SOUTH 4 35'20" WEST, 234.43 FEET, THENCE, SOUTH 4 20' 15" WEST, 401.64 FEET; THENCE, SOUTH 3 58' 39" EAST, 281.03 FEET; THENCE, SOUTH 9 11' 19" EAST, 237.84 FEET; THENCE, SOUTH 11 09'48" EAST, 102.13 FEET; THENCE, SOUTH 1 59' 59" WEST, 95.21 FEET; THENCE, SOUTH 8 26' 32" EAST, 39.60 FEET; THENCE, SOUTH 1130'49" EAST, 96.15 FEET; THENCE, SOUTH 19 50' 03" WEST, 84.70 FEET, TO A POINT ON THE SECTION LINE BETWEEN SECTIONS 15 AND 22; THENCE, LEAVING THE CENTERLINE OF THE PILOT BUTTE CANAL, ALONG THE LINE BETWEEN SECTIONS 15 AND 22, NORTII 89 44' 19" EAST, 1022.68 FEET, TO THE NORTH ONE-QUARTER CORNER OF SECTION 22 AND THE CENTERLINE OF YEOMAN ROAD AS ORIGINALLY ESTABLISHED MAY 9,1914; THENCE, NORTH 89 32'451- EAST 20.00 FEET TO THE EXTENDED EAST RIGHT-OF-WAY LINE OF YEOMAN ROAD; THENCE, SOUTH 0 09'22" WEST, 2646.83 FEET ALONG THE EAST RIGHT-OF-WAY, TO A POINT BEING 20.00 FEET EAST OF THE CENTER ONE-QUARTER CORNER OF SECTION 22; THENCE, CONTINUING ALONG SAID EAST RIGHT-OF-WAY SOUTH 0 09' 22" WEST, 87 FEET, MORE OR LESS, TO THE CENTT?RLINE OF THE NORTH UNIT IRRIGATION CANAL (NMC), THE NUIC AT THIS POINT IS 170 FEET WIDE, BEING 80 FEET NORTH AND 90 FEET SOUTH OF THE CENTERLINE. THENCE, LEAVING THE EAST RIGHT-OF-WAY OF YEOMAN ROAD, CONTINUING ALONG THE CENTERLNE OF SAID MIC, NORTH 84 48' 16" EAST, 775 FEET, MORE OR LESS; THENCE, NORTH 82 02'46 EAST, 110 FEET; THENCE NORTH 79 17' 16" EAST, 1165.96 FEET; THENCE, NORTH 83 58' 46" EAST, 93 FEET, THENCE, NORTH 89 25,03 EAST, 489.62 FEET MORE OR LESS; THENCE NORTH 88 44' 28" EAST, 192 FEET; THENCE, NORTH 59 20' 00" EAST, 375 FEET; THENCE, NORTH 29 55'32" EAST, 336.96 FEET; THENCE, NORTH 52 00' 31" EAST, 144 FEET; THENCE, NORTH 74 05' 31" EAST. 486 FEET, TO THE CENTERLINE OF A 60.00 FOOT WIDE RIGHT-OF-WAY OF DESCHUTES MARKET ROAD, STATION 180+32.59; THENCE, NORTH 89 50' 14 EAST, 30.00 FEET, TO THE EASTERLY RIGHT-OF-WAY OF SAID DESCHUTES MARKET ROAD AT STATION 180+32.59; THENCE, ALONG THE EASTERLY RIGHT OF -WAY OF DESCHUTES MARKET ROAD, SOUTH 0 14' 30" WEST, 914 FEET, MORE OR LESS TO TIM NORTH LINE OF A 60 FOOT WIDE RIGHT-OF-WAY FOR BUTLER MARKET ROAD; THENCE, ALONG THE SAID NORTH RIGHT OF -WAY NORTH 89 50'14- EAST, 139830 FEET, TO THE EAST RIGHT-OF-WAY OF COLE ROAD; THENCE, CROSSING BUTLER MARKET ROAD, SOUTH 0 08'50" WEST; 47.09 FEET, TO THE EAST RIGHT-OF-WAY OF EAGLE ROAD; THENCE, SOUTH 0 08'50" WEST, 629.90 FEET ALONG SAID EAST RIGHT' -OF - WAY, BEING 30.00 FEET EAST OF, AND PARALLEL WITH THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 17 SOUTIL RANGE 12 EAST; TFIENCE, CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 0 08' S0" WEST. 659.90 FEET TO THE NORTHWEST CORNER OF FIRST ADDITION TO EAGLE VIEW ESTATES, THIS POINT ALSO BEING EAST, 30.00 FEET OF THE CENTER -SOUTH ONE -SIXTEENTH CORNER OF SECTION 23; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY, SOUTH 0 08' 50" WEST, 659.80 FEET, TO A POINT ON THE NORTH LINE OF EAGLE VIEW ESTATES; THENCE, WEST, 10.00 FEET, TO TM NORTHWEST CORNER OF. EAGLE VIEW ESTATES; THENCE, CONTINUING ALONG THE BAST RIGHT-OF-WAY OF EAGLE ROAD, NOW BEING 20.00 FEET EAST OF, AND PARALLEL WITH THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 23, SOUTH 0 08'50" WEST, 660.00 FEET, TO A POINT ON SAID RIGHT-OF-WAY AND BEING 20.00 FEET EAST OF THE SOUTH ONE-QUARTER CORNER OF SECTION 23; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 0 13'39" WEST, 1320 FEET MORE' OR LESS; THENCE, SOUTH 89 57' 41" EAST, 10.00 FEET, TO THE NORTHWEST CORNER OF BRADETICH PARK; THENCE, CONTINUING ALONG THE EAST RIGHT- OF-WAY OF EAGLE ROAD, NOW BEING 30.00 FEET EAST OF THE NORTH -SOUTH CENTERLINE- OF SECTION 26, TOWNSIilP 17 SOUn-L RANGE 12 EAST, SOUTH 0 13'39" EAST. 1319.81 FEET TO THE SOUTHWEST CORNER OF BRADETICH PARK; THENCE, NORTH 89 45151" WEST 10.00 FEET; THENCE, SOUTH 0 10' 34" WEST, 330.39 FEET ALONG THE EAST RIGHT-OF-WAY OF EAGLE ROAD; THENCE, SOUTH - 89 59' 03" EAST, 10.00 FEET; TBENCE ALONG THE SAID EAST RIGHT-OF-WAY, BEING 30.00 FEET EAST OF THE NORTH -SOUTH CENTERLINE OF SECTION 26, SOUTH 0 10'34" WEST, 330.39 FEET TO THE SOUTHWEST CORNER OF PARCEL TWO AS PER MINOR PARTITION MP 79-228; THENCE, NORTH 89 59'00" WEST. 10.00 FEET; THENCE, CONTINUING ALONG THE EAST RTGHT OF -WAY OF EAGLE ROAD, MING 20.00 FEET EAST OF, AND PARALLEL WITH THE NORTH -SOUTH CENTERLINE OF SUCTION 26, SOUTH 0 IV 07" WEST, 1981.38 FEET TO A POINT EAST, 20.00 FEET FROM TIM SOUTH ONE-QUARTER CORNER OF SECTION 26, SAID POINT ALSO BEING ON THE EAST - WEST CENTERLINE OF NEFF ROAD; THENCE, SOUTH b 31117" EAST, 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF NEFF ROAD; THENCE, SOUTH 89 54'09" EAST, 642.94 FEET, ALONG THE SAID RIGHT-OF-WAY OF NEFF ROAD; THENCE, LEAVING SAID RIGHT -OF -NAY, SOUTH 0 31' 23" EAST, 131738 FEET, TO THE CENTER -WEST - NORTHEAST ONE -SIXTY-FOURTH CORNER OF SECTION 35, TOWNSHIP 17 SOUTH, EMBIT 3 Rcsoludon No. 2239 RANuE 12 I:;AS'13-IRENCFq NORTH 89 52'36" WESl', 662.96 r'hHf- TO 1lix NORTH ONE-SDCTEIIM CORNER OF SAID SECTION 35, AND LYING ON THE EAST LINE OF PROVIDENCE, PHASE FIVE "A"; THENCE, ALONG THE EAST LINE OF PROVIDENCE PHASE FIVE "A" AND PHASE EIGHT, SOUTH 00 33' 08" EAST, 1317.54 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 35; THENCE, SOUTH 0 33' 08" EAST, 1303.72 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 35, TO THE NORTH LINE OF AN EIGHTY-FOOT WIDE RIGiIT-OF-WAY FOR HIGHWAY 20; THENCE, CONTINUING SOUTH 0 33'08' EAST, 9.18 FEET, TO THE CENTER-SOTONE-s EEN'TH CORNIER OF SAID SECTION 35, THENCE, CONTINUING ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 35, SOUTH 0 59'56" EAST, 1283 FEET MORE OR LESS, TO THE SOUTH ONE-QUARTER CORNER OF SECTION 35; TBENCE, ALONG THE SECTION LINE BETWEEN SAID SECTION 35 AND SECTION 2, TOWNSHIP 18 SOUTH, RANGE 12 EAST, NORTH 89 33' 05" WEST, 1325.50 FEET, TO THE WEST ONE-SIXTEENTH CORNER, BETWEEN SAID SECTION 35 AND SECTION 2; THENCE, SOUTH 0 15' 10" WEST, 1272.80 FEET TO THE NORTH-WEST ONE-SLYTEENTH CORNER OF SAID SECTION 2; THENCE, SOUTH 0 15' 10" WEST, 1319.04 FEET, TO THE CENTER-WEST ONE-SIXTEENTH CORNER OF SAID SECTION 2; THENCE, SOUTH 0 06' 56" WEST, 1323.84 FEET, TO THE SOUTH-WEST ON-E-SIXTEENTH CORNER OF SAID SECTION 2; THENCE, SOUTH 0 14' 16" WEST, 1322.67 FEET, TO THE WEST ONE-SIXTEENTH CORNER BETWEEN SECTION 2 AND SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST, THENCE, SOUTH 1 10' 11" EAST, 135.78 FEET, TO A FOINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE FIFTY (50) FOOT WIDE RIGHT-OF-WAY OF A.E. STEVENS ROAD; THENCE, ALONG THE SOUTHERLY RIGHT-OF-WAY OF STEVENS ROAD, SOUTH 61 28' 19" WEST, 1477.96 FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY OF 27Th STREET, THENCE, SOUTH 0 46' 36" WEST, 458.27 FEET MORE OR LESS, TO A POINT ON THE SAID RIGHT- OF-WAY AND BEING 40 FEET EAST OF THE NORTH ONE-SI)CITENTH CORNER BETWEEN SECTIONS 10 AND 11; THENCE, SOUTH 126' 08" WEST 1338.33 FEET TO A POINT ON THE SAID RIGHT-OF-WAY AND BEING 40 EAST OF THE ONE-QUARTER CORNER BETWEEN SECTIONS 10 AND 11; THENCE, SOUTH 0 33' WEST, 2146 FEET, MORE OR LESS, ALONG SAID RIGffT-OF-WAY; THENCE, CONTINUING ALONG THE ARC OF A 139239 FOOT RADIUS CURVE TO THE LEFT, 493.19 FEET, THE CHORD BEARING OF SOUTH 9 35'51" EAST, 490.62 FEET, TO THE NORTH RIGHT-OF-WAY OF FERGUSON ROAD AS ESTABLISHED IN 1908; THENCE LEAVING 27TH STREET RIGHT-OF-WAY, ALONG Tie TWENTY (20) NORTH RIGHT-OF-WAY OF 1908 FERGUSON ROAD, SOUTH -89 36 19" EAST, 1208.79 FEET; THENCE, ALONG THE NORTH 20-FOOT ZIGiTI'-OF-WAY OF MCGILVRAY ROAD AS ESTABLISHED IN 1910' SOUTH 89 36 19" EAST, 99455 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF THE P.G.T. GAS LINE EASEMENT, THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 19 10'21" WEST 21.12 FEET TO THE NORTH LIME OF SECTION 14, TOWNS 13P 18 SOUTH, RANGE 12 EAST; THENCE, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 19 10' 21" WEST 1208.21 FEET TO THE NORTHEAST CORNER OF THAT PROPERTY CONVEYED TO CENTRAL. ELECTRIC CO-OP BY DESCHUTES COUNTY IN BARGAIN AND SALE DEED VOLUME 337 PAGE 999; THENCE, LEAVING SAID WESTERLY RIGHT-OF WAY LINE AND ALONG THE NORTH PROPERTY LINE OF SAID CENTRAL ELECTRIC COOPERATIVE PROPERTY NORTH 89 37' 46" WEST, 1256.17 FEET, TO THE NORTH WEST PROPERTY CORNER OF SAID CENTRAL ELECTRIC COOPERATIVE PROPERTY; THENCE NORTH 89 36' 46" WEST, 88.95 FEET TO THE WESTERLY 40 FOOT RIGHT-OF-WAY LINE OF 27TH STREET, THENCE ALONG SAID WESTERLY RIGHTOF-WAY LINE NORTH 25 33109" WEST, 1089.82 FEET; THENCE, 156.92 FEET ALONG THE ARC OF A 1472.39 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS NORTH 22 29' 58" WEST, 156.84 FEET, TO THE SOL-IH 20- FOOT RIGHT-OF-WAY LINE OF 1908 FERGUSON ROAD ALIGNMENT; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG SAID SOUTH RIGHT- OF-WAY LINE NORTH 89 36 19" WEST, 41.88 FEET TO THE WEST LINE OF SECTION 14; THENCE, ALONG THE WEST LINE OF SECTION 14, SOUTH 0 20' 39" WEST, 10.00 FEET; THENCE, ALONG THE SOUTHERLY 30-FOOT RIGHT-OF-WAY LINE OF FERGUSON ROAD, NORTH 89 33'31" WEST, 1315 FEET, MORE OF LESS, TO THE EAST RIGHT-OF-WAY OF MAGNOLIA LANE; THENCE ALONG THE EAST RIGHT-OF-WAY OF MAGNOLIA LANE, SOUTH 0 42'12" WEST, 1359.56 FEET, TO TIM SOUTH RIGHT- OF-WAY OF HEARTHSTONE LANE; THENCE, ALONG THE SOUTH RIGHT-OF-WAY OF HEARTHSTONE LANE, NORTH 89 48'40" WEST, 716.48 FEET; THENCE, NORTH 0 42' 12" EAST, 60.00 FEET; THENCE, NORTH 89 48' 40" WEST, 626.49 FEET, TO THE CENTER-NORTH ONE-SDCTEENTH CORNER OF SECTION FIFTEEN, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE, SOUTH 0 35112" WEST, 1336.12 FEET, TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION FIFTEEN; THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION, SOUTH 0 3642" WrEST, 1324.06 FFET, ! TO THE CENTER-SOUTH ONE-E-SDCZ ENTH CORNER; THENCE, CONTINUING ALONG ! THE NORTH-SOUTH CENTERLINE, SOUTH 00 35' 17" WEST, 662.58 FEET, TO THE SOUTHEAST CORNER OF RALNTREE; THENCE, ALONG THE SOUTH LIME OF RAINTREE, SOUTH 89 59' 13" WEST, 657.58 FEET; THENCE LEAVING SAID SOUTH i =IBIT 3 Resolution No. 2239 UGB Boundary Description Pap 3 oC8 LINE, ALONG THE WEST LINE OF RAINT'RFE, NORTH 00 26 40" EAST, 663.09 FEET, TO THE NORTHWEST CORNER OF RAINTREE; THENCp, SOUTH 89 5T 04 WEST, 659.44 FEET, TO THE SOUTHWEST ONE -SSI CORNER OF SECTION FIFTEEN, THENCE SOUTH 89 56. 04" WEST 1278.41 FEET TO THE EAST RIGHT-OF-WAY OF FIE TEENTH STREET, SAID POINT BEING 40 FEET EAST OF THE SOUTH ONE- SDCTEENTE CORNER BETWEEN SECTIONS FIFTEEN AND SIXTEEN: THENCE ALONG THE EAST RIGHT-OF-WAY OF FIFTEENTH STREET, SOUTH 1 24' 40" EAST, 1322.07 FEET TO THE CENTERJJNE OF KNOTT ROAD; SAID POINT BEING 40 FEET EAST OF THE SOUTHWEST CORNER OF SECTION FIFTEEN; TRICE, SOUTH 00 02' 39" EAST, 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD; THENCE, WESTERLY ALONG THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD TO TEE EAST LINE OF BRIGATENWOOD ESTATES TV, BEING MORE OR LESS SOUTH 89 18' 15" WEST, 1779 FEET; THENCE, CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY OF 0TOTT ROAD, ON THE ARC OF AN 860 FOOT RADIUS CURVE TO THE LEFT, 504.50 FEET, THE CHORD BEING SOUTH 6148'21- WEST, 49730 FEET; THENCE, CONTINUING ALONG THE SAID RIGHT-OF-WAY SOUTH 45-00'00' WEST, 104.33 FEET, TO THE EASTERLY RIGHT-OF-WAY OF WOODSIDE ROAD; THENCE LEAVING KNOTT ROAD, ALONG THE EASTERLY RIGHT-OF-WAY OF WOODSIDE ROAD, ON THE ARC OF A 26692 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT, 197.23 FEET, THE CHORD BEARING OF SOUTH 23 49'54" EAST, 192.78 FEET; :THENCE, CONTINUING ALONG THE EAST RIGHT-OF-WAY SOUTH 00 27' 16" WEST, 260 FEET, MORE OR LESS, TO THE SOUTH LINE OF BRIGHTBNWOOD ESTATES, N; THENCE CONTINUING ALONG THE SAID RIGHT-OF-WAY, SOUTH 00 25'52' WEST, 267.80, MORE OR LESS TO THE SOUTH RIGHT OF WAY OF BRIGHTEMVOOD LANE; THENCE, LEAVING SAID RIGHT-OF- WAY SOUTH 89 32' 44" WEST 444.99 FEET MORE OR LESS, TO THE WEST LINE OF THE NORTH EAST QUARTER OF SECTION TWENTY ONE; THENCE, SOUTH 0 25'59" WEST 1593.47 FEET,MORE OR LESS, TO THE CENTER ONE-QUARTER CORNER OF SECTION 21, TOWNSHIP 18 SOUTH, RANGE 12 EAST; THENCE SOUTIi 89 29'27" WEST, 1304.69 FEET, ALONG THE SOUTH LINE OF BRIGHTENWOOD ESTATES II, TO THE CENTERWEST ONE-SDCCEENTH CORNER OF SAID SECTION 21; THENCE, ALONG THE SOUTH LINE OF TBE NORTHWEST ONE-QUARTER OF SECTION 21, SOUTH 89 29' 27" WEST, 778.19 FEET, TO THE NORTHEASTERLY RIGHT-OF-WAY OF WOODSIDE NORTH DRIVE; THENCE, ALONG SAID RIGHT-OF-WAY, NORTH 37 02' 45" WEST, 129.78 FEET; THENCE, CONTINUING ON $AID RIGHT-OF-WAY ON THE ARC OF A 25 FOOT RADIUS CURVE TO THE RIGHT, 3917 FEET, THE CHORD BEARING OF NORTH 7 57' 17" EAST, 55.36 FEET, TO THE POINT OF INTERSECTION WTIH THE SOUTHEASTERLY RIGHT-OF-WAY OF KNOTT ROAD; THENCE, LEAVING THE SAID RIGHT-OF-WAY OF WOODSIDE NORTH DRIVE AND FOLLOWING ALONG THE SOUTHERLY RIGHT-OF-WAY OF KNU'IT ROAD, SOUTH 52 5T 17" WEST, 291.81 FEET; THENCE, ALONG THE ARC OF A 1640 FOOT RADIUS CURVE TO THE RIGHT, 1228.01 FEET, THE CHORD BEARING OF SOUTH 74 24' 21" WEST, 1199.52 FLET; TFIENCE NORTH 84 08'35" WEST, 193.87 FEET; THENCE, ALONG THE ARC OF A 2360 FOOT RADIUS CURVE TO THE LEFT 484.67 FEET, THE CHORD BEARING OF SOUTH 89 58' 25" WEST, 483.82 FEET; THENCE, SOUTH 84 05' 25" WEST, 181.56 FEET; THENCE, ALONG THE ARC OF A 660 FOOT RADIUS CURVE TO THE LEFT, 37334 FEET, TSE CHORD BEARING OF SOUTH 67 53' 07 WEST, 36839 FEET; THENCE, CONTINUING ALONG THE SOUTH RIGHT-OF-WAY OF KNOTT ROAD AND CROSSING CHINA BAT ROAD, SOUTH 51 40' 48" WEST, 11814 FEET, TO THE INTERSECTION WITH THE SOUTHWESTERLY RIGHT-OF-WAY OF CHINA HAT ROAD; THENCE, LEAVING THE PROJECTED RIGHT -OP -WAY OF KNOTT ROAD FOLLOWUNG ALONG THE SOUTHWESTERLY RIGHT-OF-WAY OF A SDCTY-SIX FOOT WIDE RIGHT-OF-WAY OF CHINA HAT ROAD, NORTH 37 51' 40" WEST, 636.29 FEET; THENCE, NORTH 35 46'24" WEST, 383.49 FEET; THENCE AROUND THE ARC OF A 1447 FOOT RADIUS CURVE TO THE LEFT 296.17 FEET, THE CHORD BEARING OF NORTH 41 38' 20" WEST, 295.75 FEET; THENCE NORTH 47 30' 15" WEST, 2705.45 FEET; T ENCS, ALONG THE ARC OF A 4033 FOOT RADIUS CURVE TO THE RIGHT 200.34 FEET, THE BEARING OF NORTH 46 04' 52" WEST, 200.32 FEET; THENCE, NORTH 44 39'29" WEST, 99.17 FEET. TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF THE DALLES-CALIFORNTA HIGHWAY (OREGON STATE HIGHWAY 97); THENCE, LEAVING THE SOUTH RIGHT-OF-WAY OF CHINA HAT ROAD, ALONG TEE EAST RIM OF WAY OF THE DALLES-CALIFORNIA HIGHWAY NORTTI 27 02' 54" EAST, 34.76 FEET TO THE INTERSECTION WITH TH L' CENTERLINE OF CHINA HAT ROAD, FROM WHICH THE NORTHWEST CORNER OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE 12 EAST, BEARS NORTH 18 43'50" EAST, 174.30 FEET. (CONTIIiUED ON PAGE FIVE) EXHIBIT 3 Resolution No. 2239 UGB Boundary Dmription Puo 4 of S BEND URBAN GROWTH BOUNDARY (continued) THE FOLLOWING IS A CONTINUATION OF THE METBS AND BOUNDS DESCRIPTION OF THE PROPOSED CITY OF BEND URBAN GROWTH BOUNDARY: RESUMING AT THE POINT ON THE EASTERLY RIGHT-OF-WAY OF THE DALLES CALIFORNIA HIGHWAY (OREGON STATE HIGHWAY 97) WHERE THE CENTERLINE OF CHINA HAT ROAD INTERSECTS SAID RIGHT-OF-WAY, FROM WHICH THE NORTHEAST CORNER OF SECTION 19 TOWNSHIP 18 SOUTH, RANGE 12 EAST BEARS NORTH 18 43' 50" EAST 174.30 FEET; THENCE CROSSING TO THE WESTERLY RIGHT- OF-WAY OF HIGHWAY 97 ON A PROJECTION OF THE CENTERLINE OF CEIINA HAT ROAD NORTH 44 39'29" WEST 105.47 FEET; THENCE ALONG THE WESTERLY RIGHT- OF-WAY OF iiIGHWAY 97 NORTH 26 48'45" EAST 100.29 FELT TO TEE NORTH LINE OF SAID SECTION 19, FROM WHICH THE NORTHEAST CORNER OF SECTION 19 BEARS NORTH 89 38' 06" EAST 84.86 FEET; THENCE CONTINUING ALONG THE NORTH LINE OF SAID SECTION 19 SOUTH 89 38'06" WEST 5266.97 FEET TO TETE SECTION CORNER BETWEEN SECTIONS 18 AND 19, T18S., RUE., AND SECTIONS 13 AND 24, T18S., R11E., W.M., A PORTION OF SAID SECTION LINE FORMING THE SOUTH BOUNDARY OF RIVER BEND ESTATES; THENCE ALONG THE SOUTH LINE OF SAID SECTION 13, T18S., R11E., W.M., AND CONTINUING ALONG THE SOUTH BOUNDARY OF RIVER BEND ESTATES SOUTH S9 53'28" WEST 5323.71 FEET TO THE SOUTHWEST CORNER OF SAID SECI70N 13; THENCE ALONG THE WEST LINE OF SAID SECTION 13 NORTH 00 54' 18" EAST 5257.17 FEET TO THE NORTHERLY RIGHT- OF-WAY LINE OF CENTURY DRIVE (80.00 FOOT R/W); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF CENTURY DRIVE NORTH 74 50' 22" EAST 2744.40 FEET MORE OR LESS TO THE CENTERLINE OF SECTION 12, T18S., R11E., W.M.,; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE CENTERLINE OF SAID SECTION 12 NORTE 00 47' 59" EAST 2010.62 FEET MORE OR Ll ---SS TO TIT[? CENTER QUARTER CORNER OF SECTION 12 SAID LINE DMNG TTIE WEST BOUNDARY OF THE PLAT OF "FIRST ON THE HILL SITES"; THENCE ALONG TIS EAST -WEST CENTERLINE OF SAID SECTION 12, SAID LINE BEING THE NORTH BOUNDARY OF THE PLAT OF "FIRST ON THE HILL SITES" SOUTH 89 48' 15" EAST 1313.98 FEET TO THE CENTER -EAST I1L6TH CORNER OF SECTION 12; THENCE LEAVING THE EAST -WEST CENTERLINE OF SECTION 12, NORTH 00 39' 59" EAST 2635.14 FEST TO THE SOUTHERLY RIGHT-OF-WAY LINE OF METOLIUS DRIVE PER THE PLAT OF BROKEN TOP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF METOLIUS DRIVE ALONG THE ARC OF A 680.00 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT 27897 FEET, THE CHORD OF WHICH BEARS SOUTH 65 3T 03" WEST 277.02 FEET; THENCE CROSSING METOLIUS DRIVE TO THE NORTHERLY RIGHT-OF-WAY ALONG A RADIAL LINE NORTH 36 08' 08" WEST 80.00 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, AND CROSSING INTO SECTION 1, TOWNSHIP 18 SOUTH, RANGE •I1 EAST, Wit, ALONG THE ARC OF A 760.00 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT 165.58 FEET, THE CHORD OF WHICH BEARS NORTH 60 33'20" EAST 165.25 FEET; TIIDNCE LEAVING SAID NORTH RIGHT- OF-WAY OF METOLIUS DRIVE NORTH 79 31'59" WEST 132.90 FEET; THENCE NORTH 14 24' 17" WEST 94.39 FEET; THENCE CONTINUING NORTH 14 24' 17" WEST 46.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE 8TH FAIRWAY PER SAID PLAT OF BROKEN TOP; THENCE NORTH 1138'33" WEST 125.65 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY BOUNDARY OF THE 8TH FAIRWAY AND BETWEEN LOTS 345 AND 346 PER PLAT NUMBER 806 OF BROKEN TOP; THENCE ALONG THE BOUNDARY OF THE PLATTED LOTS OF BROKEN TOP SOUTH 73 18'29" WEST 200.7; FEET; THENCE CONTINUING ALONG SAID BOUNDARY OF PLATTED LOTS SOUTH 79 16' 17" WEST 574.10 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE LOTS IN TRACT KK, PHASE III -H, PER THE PLAT OF BROKEN TOP, AND THE SOUTH CORNER BETWEEN LOTS 337 AND 338 OF SAID PLAT; THENCE CONTINLa1G ALONG SAID BOUNDARY NORTH 84 51' 22" WEST 781.11 FEET; TIMWCE NORTH 1127 42" WEST 607.37 FEET; THENCE NORTH 47 47' 18" WEST 110633 FEET TO A POINT ON THE PLATTED BOUNDARY OF LOTS PER TRACT LL OF THE PLAT OF BROKEN TOP: THENCE CONTINUING ALONG SAID LOT BOUNDARY IN TRACT LL NORTH 38 1 T 25" EAST 588.54 FEET; THENCE ALONG THE ARC OF A 628.00 FOOT RADIUS CURVE TO THE LEFT 453.45 FEET, THE CHORD OF WHICH BEARS NORTH 17 36' 18" EAST 443.66 FEET; THENCE SOUTH 78 18' 19" WEST 113.44 FEET; THENCE SOUTH 47 21' 26" WEST 1105.03 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF THE LOTS IN PHASE II -B OF THE PLAT OF BROKEN TOP, AND ALONG THE ARC OF A 2326.00 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT EXHIBIT 3 Resolution No. 2239 UGH Boundary Description pane 5 of s 791.19 FEET, THE CHORD OF WHICH BEARS NORTH 29 20' 49" WEST 78738 FEET; THENCE ALONG THE WESTERLY BOUNDARY OF PHASE JV -13 PER THE PLAT OF BROKEN TOP, ALONG THE ARC OF A 2680.00 FOOT RADIUS CURVE TO THE LEFT 997.41 FEET, THE CHORD OF WHICH BEARS NORTH 30 15' S1" WEST 991.66 FRET; THENCE NORTH 14 18' 05" EAST 87.98 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PHASE 7V -B SOUTH 74 22' 49" EAST 78959 FEET TO THE WEST RIGHT-OF-WAY OF GREEN LAKES LOOP PER THE PLAT OF BROKEN TOP; THENCE ALONG SAID WEST RIGHT-OF-WAY, ALONG THE ARC OF A 555.50 FOOT RADIUS CURVE TO THE RIGHT 130.99 FEET THE CHORD OF WHICH BEARS NORTH 09 03' i l" EAST 130.69 FEET TO THE SOUTHERLY BOUNDARY OF PHASE II -Ii OF THE PLAT OF BROKEN TOP; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 58 31' 54" WEST 537.43 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PHASE II -R NORTH 70 17' 40" EAST 1419.88 FEET TO THE WESTERLY BOUNDARY OF PHASE IV -A, AND THE NORTH LINE OF TRACT PP PER PLAT NUMBER 858 OF BROKEN TOP; THENCE ALONG SAID WESTERLY BOUNDARY, ALONG TIM ARC OF A 317.00 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT 93.22 FEET, TIM CHORD OF WHICH BEARS NORTH 02 54'39" WEST 92.88 FEET; THENCE ALONG THE ARC OF A 551.00 FOOT RADIUS CURVE TO TAE RIGHT 826.46 FEET, THE CHORD OF WHICH BEARS NORTH 31 38' 07" EAST 751.14 FEET; THENCE NORTH 74 36' 20" EAST 170.73 FEET; THENCE ALONG THE ARC OF A 830.00 FOOT RADIUS CURVE TO THE RIGHT 260.72 FEET, THE CHORD OF WHICH BEARS NORTH 83 36' 16" EAST 259.65 FEET; THENCE SOUTH 87 23'48" EAST 12639 FEET TO THE SOUTHWESTERLY CORNER OF PHASE VI -B OF THE PLAT OF BROKEN TOP; THENCE ALONG THE WEST BOUNDARY OF SAID PRASE VI -B NORTH 03 06' 41" EAST 522.80 FEET TO THE LINE BETWEEN SECTION 1, TOWNSHIP 18 SOLML RANGE 11 EAST, W.M., AND SECTION 36, TOWNSHIP 17 SOUTH, RANGE 1I EAST, W.M.; THENCE ALONG SAID SECTION LINE NORTH 89 38' 58" WEST 2426.54 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00 14' 01 " EAST 5256.47 FEET TO THE CORNER COMMON TO SECTIONS 25-26-35-36 IN TOWNSHIP 17 SOUTH, RANGE 11 EAST, W.M; THENCE ALONG THE EAST LINE OF SECTION 26 NORTH 00 23' 18" EAST I311.66 FEET TO THE SOUTH 1/16TH CORNER BETWEEN SAID SECTIONS 25 AND 26; THENCE NORTH 89 34' 45" WEST 1326.83 FEET TO THE SOUTHEAST 1/16TH CORNER OF SAID SECTION 26; THENCE NORTTI 00 13'05" EAST 1311.67 FEET TO THE CENTER -EAST 1/16TH CORNER OF SECTION 26; THENCE NORTH 00 06' 46" EAST 1319.71 FEET TO THE NORTHEAST 1/16TH CORNER OF SECTION 26; THENCE NORTT-I 89 43'09" WEST 1332.17 FEET TO THE CENTER-NOR171 1/16TH CORNER OF SECTION 26; THENCE SOUTH 00 02' 56" WEST 1316.46 FEET TO THE CENTER 1/4 CORNER OF SECTION 26; THENCE NORTH 89 34' 45" WEST 1334.27 FEET TO THE CENTER -WEST 1/16TH CORNER OF SECTION 26; THENCE SOUTH 00 02' 13" WEST 1319.43 FEET TO THE SOUTHWEST 1/16TH CORNER OF SECTION 16; THENCE NORTH 89 49' 02" WEST 1001.46 FEET TO TI -12 ORIGINAL EASTERLY BOUNDARY OF SHEVLIN PARR; THENCE ALONG SAID EASTERLY BOUNDARY OF SHEVLIN PARK NORTH 30 28,40" EAST 406.31 FEET; THENCE NORTH 25 00'40" EAST 1650.56 FEET; THENCE NORTH 18 41' 41" EAST 645.14 FEET; THENCE NORTH 10 54' 24" EAST 297.82 FEET; THENCE NORTH 16 24' 24" EAST 1242.47 FEET TO THE NORTH LINE OF SAID SECTION 26; THENCE LEAVING THE BOUNDARY OF SHEVLIN PARR AND CROSSING INTO SECTION 23, TOWNSHIP 17 SOUTH, RANGE 11 EAST W.M., AND ON A CALCULATED BEARING TO THE CENTER.1/4 CORNER OF SAID SECTION 23 NORTH 17 24'09" EAST 2760.10 FEET; THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 23 SOUTH 00 06081, WEST 2635.78 FEET TO TIME SOUTH 114 CORNUA OF SECTION 23; THENCE ALONG THE SOUTH LINE OF SECTION 23 SOUTH 89 51'33" EAST 2664.33 FEET TO THE CORNER COMMON TO SECTIONS 23-24-25-26 TN TOWNSHIP 17 SOUTH, RANGE 11 EAST W.M.; THENCE ALONG THE LINE BETWEEN SAID SECTTONS 25 AND 26 SOUTH 00 06' 46" WEST 1322.97 FEET TO THE NORTH 1/16TH CORNER BETWEEN SECTIONS 25 AND 26; THENCE SOUTH 00 06'46" NEST 616.63 FEET TO TIIE NORTHERLY RIGHT-OF-WAY OF SHEVLIN PARK ROAD (60.00 FOOT R/W); TTM UGB BOUNDARY LIES 200 FEET PARALLEL WITH AND NORTHERLY OF THE FOLLOWING 2 COURSES DESCRIBING THE SHEVLIN PARK ROAD RTGITfOF- WAY (DEED vol 313 page 960): THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY AND CROSSING INTO SECTION 25 TOWNSHIP 17 SOUTH, RANGE 11 EAST W.M. Ov A CALCULATED BEARING OF SOUTH 50 00' 00" EAST 601..02 . FEFT; THENCE CONTINUING ALONG THE SAID NORTHERLY RIGHT-OF-WAY OF SHEVLIN PARI: ROAD ON A CALCULATED BEARING OF SOUTH 15 00' 00" EAST 330.67 FEET TO THE EAST -WEST CENTERLINE OF SAID SECTION 25, AND THE NORTHWEST CORNER OF LOT 1, BLOCK 14 OF VALHALLA HEIGHTS PHASE TV; IT(ENCE ALONG THE NORTH LEVE OF SAID LOT I AND A PORTION OF THE NORTH LINE OF LOT 3, BLOCK 14 VALHALLA HEIGHTS PHASE IV, NORTH 89 56' 12" EAST 772.83 FEET TO Tt1E CENTER -WEST 1/16rE.CORNER OF SAID SECTION 25; THENCE NORTH 00 04' 04" EAST 2642.78 FEET TO TBE WEST 1/16TH CORNER BETWEEN SECTIONS 25 AND 24 TOWNSHIP 17 SOUTH,, RANGE 11 EAST W.M.; THENCE CROSSING INTO SAID SECTION 24 NORTH 00 07 36" EAST 264238 FEET TO THE CENTER -WEST 1/16TH CORNER OF SECTION 24 AND THE NORTHWESTERLY CORNER OF A PARCEL EXHIBIT 3 Itaciudon No. 2239 UGD Sounday DM7iPd- P""e 6 "f R DEEDED TO BROOKS RESOURCES PER VOLUME 207, PAGE 896, AND VOLUME 11, PAGE Sol DESCHUTES COUNTY DEEDS OF RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID -PARCEL NORTH 44 48' 02" EAST 2368.36 FEET TO THE SOUTHWEST CORNER OF A•PARCEL DESCRIBED IN VOLUME 13, PAGE 911 DEEDS OF RECORDS, DESCHUTES COUNTY, OREGON; THENCE FOLLOWING SAID PARCEL NORTH 44 48' 02" EAST 625.00 FEET; THENCE NORTH 89 59' 05" EAST 166.73 FEET; THENCE SOUTH 45 02' 32" EAST 200.00 FEET; THENCE SOUTH 45 02' 32" EAST 234.28 FEET TO A POINT ON THE NORTHWESTERLY RIGHT -0F -WAY OF PUTNAM ROAD PER THE PLAT OF AWBREY MEADOWS AND A PROJECTION OF THE CENTERLINE OF THE TUMALO IRRIGATION DISTRICT CANAL; THENCE CROSSING SAID PUTNAM ROAD AND FOLLOWING ALONG THE CENTERLINE OF THE TUMALO CANAL PER THE PLAT OF AWBREY MEADOWS (SAID CANAL CENTERLINE FORMING THE BOUNDARY BETWEEN AWBREY MEADOWS AND AWBREY GLEN HOMESITES THROUGH A PORTION OF SECTION 24, TOWNSHIP 17 SOUTH, RANGE i I EAST W.M.) THE FOLLOWING COURSES AND DISTANCES: SOUTH 45 02' 32" EAST 619.24 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC - 54.24 FEET, CHORD = SOUTH 51 15' 28" EAST 54.13 FEET; SOUTH 57 28124' EAST 45.12 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC - 78.65 FEET, CHORD - SOUTH 66 29'10- EAST78.33 FEET, SOUTH 75 29' 55" EAST 125.07 FEET; A 500.00 FOOT RADIUS CURVE RIGHT ARC = 34.97 FEET, CHORD = SOUTH 73 29'41 " EAST 34.96 FEET; SOUTH 71 29' 28" EAST 213.44 FEET; A 150.00 FOOT RADIUS CURVE LEFT ARC = 91.73 FEET, CHORD = SOUTH89 00'3 8" EAST 9031 FEET; NORTH 73 28' 13" EAST 83.63 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC - 60.66 FEET, CHORD -NORTH 66 31- 07" EAST 60.51 FEET; NORTH 59 34' 02" EAST 89.11 FEET TO THE SECTION LINE BETWEEN SAID SECTION 24, T17S., R11 E., W.M., AND SECTION 19, T17S., R12 E., W.M.; THENCE CONTINUING ALONG SAID CANAL CENTERLINE IN SECTION 19: NORTH 59 34'02" EAST 100.98 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC - 85.59 FEET, CHORD - NORTH 69 22' 32" EAST 85.18 FEET; NORTH 79 11' 02" EAST 243.44 FEET; A 200.00 FOOT RADIUS CURVE LEFT ARC - 88.40 FELT, CHORD = NORTH 66 31' 17" EAST 87.68 FEET; NORTH 53 51' 33" EAST 697.51 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC - 50.04 FEET. CIiORD - NORTH 48 07'29" EAST 49.96 FEET; NORTH 42 23'24" EAST 43793 FEET; A 250.00 FOOT RAD1US CURVE RIGHT ARC - 13954 FEET, CHORD = NORTH 58 22,50" EAST 137.74 FEET; NORTH 74 22' 17" EAST 167.77 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC - 58.35 FEET, CHORD = NORTH 81 03'29" EAST 58.22 FEET; NORTH 87 44'41" EAST 182.64 FEET; A 500.00 FOOT RADIUS CURVE RIGHT ARC - 33.46 FEET, CHORD = NORTH 89 39'42" EAST 33.45 FEET; SOUTH 88 25' 18" EAST 105.45 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC = 100.92 FEET, CHORD - SOUTH 76 51'23" EAST 100.24 FEET; SOUTH 65 17129" EAST 118.28 FEET; A 300.00 FOOT RADIUS CURVE LEFT ARC - 50.45 FEET, CHORD - SOUTH 70 06' 33" EAST 5039 FEET; SOUTH 74 55' 36" EAST 194.95 FEET; A 250.00 FOOT RADIUS CURVE LEFT ARC - 73.08 FEET, CHORD - SOUTH 83 18103" EAST 72.82 FEET; NORTH 88 19' 29" EAST 375.00 FEET; A 350.00 FOOT RADIUS CURVE LEFT ARC - 46.63 FEET, CHORD - NORTH 84 30'27" EAST 46.60 FEET; NORTH 80 41'26" EAST 95.15 FEET; A 250.00 FOOT RADIUS CURVE RIGHT ARC - 67.07 FEET, CHORD = NORTH 88 22' 35" EAST 66.87 FEET; SOUTH 83 56' 17" EAST 25.31 FEET; A 150.00 FOOT RADIUS CURVE RIGHT ARC - 102.92 FEET, CHORD - SOUTH 64 16'56" EAST 100.91 FEET; THENCE LEAVING THE CANAL CENTERLINE AND ALONG THE EAST BOUNDARY OF 7TE SAID PLAT OF AWEREY MEADOWS NORTH 17 1811411 EAST 452.98 FEET TO THE SECTION LINE BETWEEN SECTIONS 18 AND 19 IN T17S., RI E., W.M., FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 89.39' 07" EAST 1766 FEET, MORE.OR LESS; THENCE CONTINUING ALONG THESAID EAST ARY ST 73.79 FEET (PER PLAT) TOO THE CENTERLINE F AWBREY Of THE SDESCHUTES NORTH 17 18 A RIVER; THENCE LEAVING THE BOUNDARY OF THE PLAT OF AWBREY N .ADOWS AND FOLLOWING ALONG THE CEVIERLINE OF THE DESCHUTES RIVER SOUTH 84 33' 30" EAST 107 FEET, MORE OR LESS, THENCE SOUTH 42 00'00" EAST 82 FEET, MORE OR LESS, TO THE SECTION LINE BETWEEN SAID SECTIONS 18 AND 19, FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 89 39'07" BAST 1582 FEET, MORE OR LESS; THENCE SOUTH 42 00' 00" EAST 155 FEET, MORE OR LESS; THENCE SOUTH 22 00'00" EAST 730 FEET MORE OR LESS; THENCE SOUTH 62 00'00" EAST 120 FEET, MORE OR LESS: THENCE NORTH 82 00' 00" EAST 170 FEET, MORE OR LESS; THENCE NORTH 36 00' 00" EAST 552 FEET, MORE OR LESS; THENCE NORTH 18 11.341, EAST 391 FEET, MORE OR LESS TO THE SECTION LINE BETWEEN SAID SECTIONS 18 AND 19 (FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 89 39'071, EAST 484 FEET; MORE OR LESS) TO A ]POINT ON THE RIVER THAT FORMS A PORTION OF THE BOUNDARY OF WyNDE�vIERE PHASE III; THENCE CONTINUING ALONG THE DESCHUTES RIVER AND THE SAID BOUNDARY OF WYNDEMERE PHASE III, NORTH 16 11'34" EAST 663 FEET, MORE OR LESS; THENCE NORTH 25 00' o0" EAST 275 FEET, MORE OR LESS; THENCE NORTH 55 00'00" EAST 200 FEET, MORE OR LESS, TO THE SECTION LINE BETWEEN SECTIONS 17 AND 18 IN TOWNSHIP 17 SOUTH, RANGE 12 EAST, W.M., FROM WHICH THE SOUTHWEST CORNER OF SECTION 17 (AND THE NORTHEAST CORNER OF SAID SECTION 19) BEARS SOUTH 00 09' 10" WEST 996 FEET, MORE OR LESS; THENCE CONT24TMG ReuluGonNo. 2239 MIBIT 3 UGH Boundary Desaip:+on Pace I of 8 ALONG THE CaNTERLINE gHREAD) OF THE DESCHUTES RIVER AND WYNDEMERE BOUNDARY NORTH 82 1T 32" EAST 261 FEET, MORE OR LESS; THENCE SOUTH 83 21' 15" EAST 75 FEET, MORE OR LESS; THENCE SOUTH 64 32' 38" EAST 50 FEET, MORE OR LESS; THENCE SOUTH 4148134" EAST 75 FEET, MORE OR LESS; THENCE SOUTH 52 46' OS" EAST 160 FEET, MORE OR LESS; TREI; CE SOUTH 67 41' 25" EAST 155 FEET, MORE OR LESS; THENCE NORTH 81 40' 51" EAST 240 FEET, MORE OR LESS; THENCE NORTH 69 52' 52" EAST 75 FEET, MORE OR LESS, TO A POINT ON THE DESCHUTES RIVER AND THE BOUNDARY BETWEEN SAID WYNDEMERE PHASE IIT AND RIMROCR WEST PHASE 3; THENCE CONTINUING ALONG THE DESCHUTES RIVER AND A PORTION OF THE BOUNDARY OF RIMROCK WEST PHASE 3, NORTH 75 59'00" EAST 325 FEET, MORE OR LESS; THENCE LEAVING THE DESCHUTES RIVER NORTH 00 09' 10" EAST 376.38 FEET TO THE SOUTHWEST 1/16TH CORNER OF SECTION 17, AND A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH ROAD PER THE PLAT OF GLEN VISTA; THENCE SOUTH 89 33121-1 EAST 661.25 FEET TO THE CENTER EAST - SOUTHWEST 1164TH CORNER; THENCE NORTH 00 09' 10" EAST 1307.99 FEET TO THE EAST -WEST CENTERLINE OF SAID SECTION 17; THENCE ALONG THE EAST -WEST CENTERLINE OF SECTION 17 SOUTH 89 54' 42" EAST 2690.56 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20, AT APPRO-XMi ATE ENGINEER'S STATION 240+90; THE WESTERLY RIGHT-OF-WAY IS 80.00 FEET WIDE AT THIS POINT (From c=terline to r/w) AND IRS EAST QUARTER CORNER OF SAID SECTION I7 BEARS SOUTH 89 54'42" EAST 618.83 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20 NORTH 24 29' 08" WEST 2t.22 FEET; THENCE NORTH 24 45'03" WEST 1080.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 20 THAT TS 85.00 FEET WIDE (from centerline to r/w); THENCE NORTH 24 29'08" WEST I799.62 FEET TO A POINT ON THE NORTH LUTE OF SAID SECTION 17; THENCE LEAVING TIS WESTERLY RIGHT-OF-WAY OF HIGHWAY 20 AND ALONG THE NORTII LINE OF SAID SECTION 17 NORTH 89 59' I6" EAST 1824.56 FEET TO THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 17 SOUTH, RANGE 12 FAST (ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 17) AND THE POINT OP BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM: ALL LANDS LYING WITHIN 171E CURRENT LIMITS OF THE CITY OF BEND, OREGON, AS OF 12 JANUARY 1999. NOTE: THIS DESCRIPTIO, IS BASED UPON AVAILABLE RECORDED SURVEYS AND DEEDS. ERROR WAS ADJUSTED USING DESCHUTES COUNTY GPS CONTROL DATA ON SECTION AND QUARTER CORNERS ALONG THE PROJECTED URBAN GROWTH BOUNDARY. (14 AUG 1998) (revised 9/02/98) (revised 1/12/99) (revised 189/99) EXHIBIT 3 Resolution No. 2239 UGB Boundary rkscrlption 11... a .r a N Railroad ' Deschutes River Parnel Boundaries Streets and Roads Urban GruMh Boundary »: Urban Area Reserves 4F -EA-... E N E RA -L PLA Figure I Bend Urban Planking Area PLAN MANAGEMENT AND CYTIZEN IN VOL VEMENT 1 - S EXHIBIT 3 JUSTICE COURT SERVICES There are four main goals Deschutes County hopes to address with implementation of justice courts: 1. Community Service/Availability. Citizens within a specific geographic region should have available to them a system which can adjudicate minor traffic infractions and possibly other matters of lesser concern. Services should be available within a 15 -mile radius of concentrated populations. 2. Public Safety/Community Justice. Public safety officers should maintain as much of a presence as possible within their assigned service areas. An officer can spend half a day attending court, often leaving some areas short on coverage. Another safety factor to consider is the road conditions of this region. It will be much safer if citizens can attend court near their homes instead of driving 30 to 60 miles round trip to Bend. 3. Financial Efficiency/Effectiveness. The State court system's caseload can be lightened by the substantial reduction in traffic infraction and small claims cases, thereby allowing the State court system to concentrate its limited resources on matters of more significance. h. Quality Service. The justice courts could provide quicker resolution of claims and infractions. In addition, we could eliminate duplication of services. EXHIBIT C JUSTICE COURT ADMINISTRATOR GENERAL STATEMENT OF DUTIES/JOB OBJECTIVES: Manages Justice Court office and supervises Justice Court employees; assigns, supervises and monitors performance of specific tasks and clerical functions within the court office and trains and instructs court staff in the performance of such tasks; acts as comptroller of court funds; during court sessions, acts as trial court clerk directing and coordinating the activities of parties, attorneys, witnesses, the public and court staff as appropriate; oversees operation of Justice Court Violation Bureau; represents Justice Court at administrative hearings and meetings when Justice of the Peace is unable to attend. SUPERVISION RECEIVED: Works under the direction and control of the Justice of the Peace; develops and refines own work routines and is expected to carry duties and responsibilities through to completion with only unusual or complicated tasks reviewed in detail; is expected to implement court and office practices and procedures as determined by Justice of the Peace. SUPERVISION EXERCISED: Provides administrative supervision of court office clerical personnel; participates in the selection of new personnel; develops office work schedules and vacation schedules; assigns duties, provides training and reports performance of subordinate personnel to Justice of the Peace. TYPICAL EXAMPLES OF WORK: A person employed in this classification must possess the capability to perform the following typical duties to be considered for this position. The duties are essential functions requiring critical skills and expertise needed to meet job objectives. However, these examples do not describe all the specific tasks which the employee may be expected to perform. 1. Ensure compliance with statutory record keeping requirements. 2. Preparation of monthly statistical and financial reports and timely payment of and accounting for all monies collected or handled by the Justice Court to the County Treasurer and Dept. of Revenue; manage court deposit accounts (bank accounts), bail and security deposits and refunds; supervise disbursement of payments to witnesses, jurors, and vendors and suppliers of goods and services to Justice Court. 3. Schedule court events and provide notice of court events or court decisions to parties, attorneys, witnesses and persons entitled to notice. 4. Preparation of jury lists and summoning of jurors; preparation subpoenas and other court process. 5. Maintenance of court files and records. 6. Monitor compliance with court orders; supervise collections and judgment enforcement activities including, license suspension, arrest warrants, contempt proceedings, garnishment and attachment proceedings. EXHIBIT D 7. Provide accurate information regarding court proceedings and procedures (Civil, Criminal and Violation/Infraction Procedures) to parties and the public. 8. Operate the Justice Court's Violation Bureau. 9. Prepare courtroom for court sessions, including locating and organizing all files, citations, briefs and other written materials to be presented to the Judge. 10. Deal with vendors to timely provide goods and services necessary for the operation of the court and court office; verifying vendor compliance or performance; making timely payment for goods and services. 11. Ensure compliance with court procedures by court staff and parties and their representatives. 12. Assist Justice of the Peace in preparation of budget materials; monitor expenditures to ensure adherence to budget authority. 13. Monitors and is responsible for monthly payroll reporting. 14. Coordinate and supervise all clerical, financial and administrative processes in office and perform same; manage Justice Court office and supervise task performance by court personnel 15. Performs other related duties and duties as may be assigned by the Justice of the Peace. RECRUITING REQUIREMENTS: KNOWLEDGE, SKILL AND ABILITY: Advanced knowledge of office procedure and practices; knowledge and demonstrable ability to use computer software, including spreadsheet and word-processing software; knowledge and demonstrable ability to use standard office machines (eg.: computer/typewriter keyboard, copier, adding machine); knowledge of accounting and bookkeeping procedures; basic knowledge of court procedures (civil and criminal) and legal terminology; knowledge and ability to use standard business English language skills (composition, spelling, grammar) and standard arithmetic. Ability to exercise responsibility for the administrative functions of a Justice Court office as directed by the Justice of the Peace including, but not limited to: planning, organizing and supervising the performance of subordinates; ability to exercise good judgment, courtesy and tact in public contacts and to maintain effective working relationships with other employee and make effective liaison with other departments; ability to maintain confidentiality of information and to distinguish information which is public from that which is confidential; ability to perform all clerical and non -clerical tasks related to this position and the positions supervised and to train other employees in such tasks. EXPERIENCE AND TRAINING: An Associate in Business Administration degree or three years equivalent experience, including at least one year of court related experience; or, an EXHIBIT D Oregon Association of Court Administration (OACA) Certificate and one year of court related experience; or, any satisfactory combination of training and experience which demonstrates the knowledge, skills and abilities to perform the duties described above. NECESSARY SPECIAL QUALIFICATIONS: Possession of a valid motor vehicle operator's license. PHYSICAL DEMANDS AND WORK ENVIRONMENT: Work is generally performed indoors in an office and courtroom setting. However, office and courtroom facilities may be located in separate buildings and/or in different communities. Work requirements include being able to see, talk and hear, sit and stand, walk, bend, stoop and the ability to lift, move and/or carry 30 pounds, use hands to finger, handle or operate office tools or controls or equipment, reach with hands and arms, and ability to move quickly from place to place through gatherings of people while carrying job related equipment or materials. EXHIBIT D JUSTICE COURT CLERK GENERAL STATEMENT OF DUTIES/JOB OBJECTIVES: Performs a variety of clerical, secretarial, recordkeeping, public assistance and other duties in connection with Justice Court proceedings; this position is an entry/journey level position. Entry level employees in this position initially perform more routine clerical duties assigned to this position and work under close supervision. However, as experienced is gained, persons in this position are expected to competently perform the full range of duties assigned with increasing independence and without close supervision. SUPERVISION RECEIVED: Works under the administrative supervision of the Court Administrator and general supervision of the Justice of the Peace; experienced employees in this position are expected to responsibly carry out tasks without close supervision and, within general procedures and guidelines, to develop efficient routines for carrying out work to completion. SUPERVISION EXERCISED: Supervision of other employees is not a responsibility of this position; however, experienced employees may be asked to assist with the training and review of work for accuracy and completeness of new employees. TYPICAL EXAMPLES OF WORK: A person employed in this classification must possess the capability to perform the following typical duties to be considered for this position. The duties are essential functions requiring critical skills and expertise needed to meet job objectives. However, these examples do not include all the specific tasks which an employee my be required to perform. 1. Assists compliance with statutory record keeping requirements; prepares materials for entry into the court records. 2. Assists the public with information about filings, court procedures, status of cases and answers miscellaneous questions. 3. May do any of the following: Assist the preparation of monthly statistical and financial reports and accounting reports for all transactions handled by the Justice Court; record transactions involving court deposit accounts (bank accounts), bail and security deposits and refunds; initiate disbursement of payments to witnesses, jurors, and vendors and suppliers of goods and services to Justice Court; assist the scheduling of court events and providing notice of court events or court decisions to parties, attorneys, witnesses and persons entitled to notice; prepare jury lists and summon jurors; prepare subpoenas and other court process; prepare courtroom for court sessions, including locating and organizing all files, citations, briefs and other written materials to be presented to the Judge. 4. Open and prepare office for operation and close office at conclusion of business day; open and sort incoming mail and..deposit outgoing mail at post office. EXHIBIT E 5. Open court record on each action filed,: file documents in appropriate record, maintain case records from initial filing to final disposition. 6. Receive payments and issue receipts for payments received by court; make posting to appropriate account. 7. Assists Court Administrator in monitoring compliance with court orders, including collections and judgment enforcement activities such as: license suspension, arrest warrants, contempt proceedings, garnishment and attachment proceedings. 8. May act as part time Court Clerk for a municipal court and perform all duties required of a municipal court clerk. 9. May act as Violations Clerk of Justice Court Violations Bureau. 10. Performs clerical and secretarial tasks assigned by Court Administrator or Justice of the Peace; may act as Judicial Assistant to Justice of the Peace. RECRUITING REQUIREMENTS: KNOWLEDGE., SKILL AND ABILITY: Basic knowledge of office procedures and practices; basic knowledge of computer software, including spreadsheet and wordprocessing applications; basic knowledge of office machines; typing skill minimum 50 wpm; basic knowledge of bookkeeping principles; knowledge of and ability to use standard business English language skills (composition, spelling, grammar) and standard arithmetic. Ability to exercise good judgement, courtesy and tact in public contacts and to maintain effective working relationships with other employees; ability to maintain confidentiality; ability to learn court procedures, legal procedures and terminologies and applicable laws and have ability to effectively communicate the same to other persons orally or in writing; ability to deal with difficult people and difficult situations. EXPERIENCE AND TRAINING: A High School Diploma or GED and at least one year recent experience in an office setting performing clerical duties and dealing with the public; or, a High Scho61 Diploma (or GED) and one year business, professional or trade school in subjects related to this classification; or, any combination of training and experience which demonstrates the knowledge, skills and abilities to perform the duties described above. NECESSARY SPECIAL QUALIFICATIONS: Possession of a valid motor vehicle operator's license. PHYSICAL DEMANDS AND WORK ENVIRONMENT: Work is generally performed indoors in an office and courtroom setting. However, office and courtroom facilities may be located in separate buildings and/or in different communities. Work requirements include being able to see, talk and hear, sit and stand, walk, bend, stoop and the ability to lift, move and/or carry 30 pounds, use hands to finger, handle or operate office tools or controls or equipment, reach with hands and arms, and ability to move quickly from place to place through gatherings of people while carrying job related equipment or materials. EXHIBIT E Ocd _ O C40 Cl) O O p V1 O .— D .0.++ 0 o cn U a U 6�} 3 v o �? .� o ca o r- cn Ear w cUn ° 6 e V N .0 O 0 d0 � p V w0 .b C .-. ,b p V cd n" w U �, h Q O O 93 V3 .�Cd 0 to ca w ar «S M OU41 W cn O y y 0 a 0 G 0 U U a) O U b a) cd ,� ;d a U o a) 0 w " q U Cn ti A U U+ + + FqU GO Q cn 'b ca W o O 'Z..� *r '�' U v� y C4 U \O ct C06 w Lam'+ 0 U � bo Cb N .>.� y a+ H :+ >> M a) O Cl)'�o a . a� 06 �, V �. v� c .. .O O 4(u 0 N Q) 4-. � "+ V°] .o U 6� r � y o o w cnc. U �, O G o c c a C-) O w a _o o awi m :� c .cn U U U U a cn p 0 cz Lp rn V] U E' O ra)+N° 0° ca O%U ClGp U> N y pM o O r O U O cd U U p a ti 6 C M U U co F o ca c >, 694 E" b o a� " u3 0 M .cc o U cc tocis A" .r R. U = O 0 U a O ti Gi ti ate'.. w CC 64 a) U �,, •p 3 U M i+i .r 'O w a) a) sU. U b0 ►rr U U ° bco cn w Cn p CC) > o .N 00 M ,.� 3 U > _C U y `. >, O U o Lam' 4" b U w 00 . � U cn a. ca a o o N c o v w a A o cU. C1a w co .- tea O F 6c} co GD w i i¢-1 U U c :cn rn m �. W „ o to ;, 64 o .c L E 64 :d ai a O `� U H W 0w 2. 0 cc a) L7a b U y U O 4. co cn N_ O b „� :� c �" U O •� 69 O b ►� ., O C y C p O U .+ R' .c C a l c p ►-i U En H O -D .� R c y i~ p cn _U w 3 O > ts0 En'' O 0 w b0 N64� 6Fi c O ` ¢ 'p au 40. 0=> w c w 3 S a, O a y N E a, o o y ca cn c y 0 y - 0 � o ° U U y Cna U r w.. �z cn O. w "4O" K "aU, •�> _a > 0 Ew(L)) o >, c o No p V) � p p > M (. ti 6. o �69 o co cu a , b . H��`' 3sw�;3 x 3w 4a a 'a a. � oj cn a E 6d o c a a— di v) cn EXHIBIT F Uw o 110 CYl -4 o H 0000 - � � N �O I" C14 wl cn Nr �D w! N 00 O d\0 00 M � cn M UrA yw >o o U $ o S o S o cc CIO eg cnU o COU �o oU �o cU U — .. U o a� S a 00 H0 S cn0 U w i ws. a O PW V as �'" Q as O o� H> H z a z� p y :2 N N N •-+ Q4 a U U °o' E 0o w� 4. ° a ' G y 00 00 N G7 O O h �¢ O� cn Z (L) o�s U H � a d CO o �w y >4 O N O cn M M M M H O" w x o 3 ° o p foci. � � x ¢ti � M ¢ w U A oU W ¢ 0000 - � � N �O I" C14 wl cn Nr �D w! N 00 C!1 d\0 00 M � cn M U >o o U $ o S o S o z O 4. O eg cnU o COU �o oU �o cU H o a� S a 00 H0 S d U w i ws. a O > PW V as �'" Q as O Gq w H z U 0 U A z d W ¢ 0000 - � � N �O I" C14 wl cn 6 ocz t4c cn U c CO U o co U >o o U $ o S o S o z W .r O �� co _ .. :i is «r 4d � .. :d c > H o H� H0 H� w O H w U W a z W x w cn W U a d CO o o > H EXHIBIT F 0 o y ¢ p U A ou e*ee 00 M e,e tp� O tr) v? .-y (3N00 Q1 '""' N C', 0000 Cl) U tri > >1 y H N 4. o +ca-� 0.'' C/) U V V C)a'' U O V) U y 0 0 0 0 0 y o y � a y ydj U U y y V y y U y U U �a O as as wa U W U H C/3 N w O O O O ti � V O C: V) o z� O� H� U y N N N w � H � U 4. c O y .� O cn N 00 N -4 rf) U u. xco z�E O H U �. c M M M M Cl � = N b >4 Z o 00 O CO N —4 b�4 ti F� 3 x 0 o y ¢ p U A ou EXHIBIT F e*ee 00 M e,e tp� O tr) v? .-y (3N00 Q1 '""' N C', 0000 , N r- cM % tri > >1 y ( N 4. o +ca-� 0.'' C/) U V V C)a'' U O V) U y 0 0 0 0 0 y o y � a y ydj U U y y V y y U y U U �a as as as wa EXHIBIT F 00 b4 00 M 64 6R 6g ti � y C', �j U O O 0 O S O y o as 3 om o`� o`er E� o H F" �, �" E° EXHIBIT F ti C', U o ¢ U A �a EXHIBIT F REVENUE COMPARISONS: Central Linn Justice Court (CLJC) & Lebanon Justice Court (Leb JC) Court Revenue FYE 96 FYE 97 FYE 98 FYE 99 Leb JC Total 378,105 346,086 369,289 334,804(2/99) Gen. Fund 205,952 201,969 226,043 213,800 % to G.F. 54.5% 58.4% 61.2% 63.9% CLJC Total 263,267 288,856 313,307 265,499(3/99) Gen. Fund 128,670 150,008 157,447 143,031 % to G.F. 48.9% 51.9% 50.3% 53.9% Comparison of Revenue and Filings for Calendar Year 1998 Court Total Revenue Gen. Fund Total Filings Total Revenue Gen. Fund Rev. & % per Filing Rev/Filing Leb JC 418,465 269,909(64.5) 4785 87.45 56.41 CLJC 365,099 183,115(50.2) 2788 130.95 65.68 {Ratio of OSP to Sheriff filings: Leb JC 1 OSP to 6.25 Sheriff; CLJC 3 OSP to 2 Sheriff} {Leb JC - 86% traffic filings by Sheriff; CLJC - 40% traffic filings by Sheriff} Comparisons of Total Accounts Receivable FYE 96 FYE 97 FYE 98 FYE 99 Leb JC Total AR Amount of Gain Gain as % of Prev.. Total Collection Ratio CLJC Total AR 516,392 555,291 593,735 637,793 Amount of - 38,899 38,444 44,058 Gain Gain as % of - 7.5% 7.0% 7.4% Prev. Total Collection - 7.43 8.15 6.03 Ratio {Collection Ratio is determined by dividing total revenue by the gain in accounts receivable.} EXHIBIT F a as co o U d = U A 5a U U z Q a) ¢ o N � OM ~ Cw7 � w w 00 �t U .--i �D N M d � � H o d rx W cts cc a u m a d as a d �. U H 9 . , o �U a� .� o an•, cnUd o �, �U a� •-� o J �U �. z O ° S — o$ o 0- p S o r. -� O °' N o U wO aa� aa� 2 W a � o 0 �L a U a a y 3� w tib (L)o a cz 4= •�. Woo cm o cu O z E 00 00 Cl r, b� d "� y C:) C) 64).64 �p O w .� a a U 6R o0 U N 64 U 6 M 4 6R ca 0 can" U al 69. U �b 6M4 6M9 >1asw �� (D W a i Gd �o� r ;d a¢ �- L d � y C13W cn M M M M ° 0 41 as W o c 0 0 0 o a$ o o a o v cs: w bo x F. F� F" H aal 3 ... o `" 0 o °x c o E rq � o as 609. 60of a. C/3 U a as co o U d = U A 5a EXHIBIT F [- N00 bR bR ON o u 00 �t U .--i �D N M h M M Uq. 00 �--� d rx asa d cc a u m a d as a d �. U w o . , o �U a� .� o an•, cnUd o �, �U a� •-� o J �U �. z O ° S — o$ o 0- p S o r. -� O °' N o wO aa� aa� aQ,� a � o 0 �L a C-) a a y w (L)o a cz 4= •�. � cm o W U a a as z b� d "� 6R C:) C) 64).64 �p O w .� a 6R o0 U N 64 U 6 M 4 6R ca 0 69. U �b 6M4 6M9 >1asw �� W a i Gd �o� r ;d a¢ �- L d � .... p t.. U.� w y $� ° 0 3p as W o c 0 0 0 o a$ o o a o v cs: :d o F, o F. F� F" H aal 0 o Eo as a. C/3 U U Wo a Q C/) c, �- z W > U M C%S o o ¢ C1 U O o u41 as -, U. O _ 3 EXHIBIT F JUSTICE COURT ASSESSMENTS Unitary Assessment - ORS 137.290 Payable to state. (a) $100 in the case of a felony. (b) $60 in the case of a misdemeanor. (c) $90 in the case of a conviction for driving under the influence of intoxicants. (d) $30 in the case of any offense punishable only by a fine. County Assessment—ORS 137.309 (a) $5, when the fine or forfeiture is $5 to $14.99. (b) $12, when the fine or forfeiture is $15 to $49.99. (c) $14, when the fine or forfeiture is $50 to $99.99. (d) $20, when the fine or forfeiture is $100 to $249.99. (e) $24, when the fine or forfeiture is $250 to $499.99. (f) $59, when the fine or forfeiture is $500 or more. (does not include parking violations) This assessment is not credited until all other fines, fees and assessments ordered by the court have been paid. Within 60 days after receiving county assessment, clerk of court must pay amount to county treasurer. Prior to making this payment to county treasurer, court clerk must withhold and deposit into Law Enforcement Medical Liability Account the amounts under ORS 137.309(9)(a). ORS 137.308 mandates that 60% of the monies received by the county treasurer goes to the county general fiund for juvenile and adult corrections programs and drug and alcohol programs approved by the State. The other 40% of monies received by the county treasurer goes to the county's court facilities security account ORS 137.308(2) and ORS 1.182. NOTE: DUII convictions have additional fees payable to the state. See ORS 313.030 EXHIBIT G Page 1 of 1 Lega1Vv1isc\SABUUSTICE COURT ASSESSMENTS 137.281 PROCEDURE IN CRIIV11NAL MATTF.R.q r-FxPu er.r.v all of, the rights of the person, political, civil and otherwise, including, but not limited to, the right to vote, to hold, receive and trans- fer property, to enter into contracts, includ- ing contracts of marriage, and to maintain and defend civil actions, suits or proceedings. (1975 c.781 §11 137.280 (1975 c.781 §2; repealed by 1983 c.515 §1 (137.281 enacted in lieu of 137.280)] 137.281 Withdrawal of rights during term of imprisonment; restoration of rights. (1) In any felony case, when the court sentences the defendant to a term of imprisonment in the custody of the Depart- ment of Corrections and execution of the sentence is not suspended, or execution is suspended upon condition that the defendant serve a term of imprisonment in the county jail, the defendant is deprived of all rights and privileges described in subsection (3) of this section from the date of sentencing un- til: upon discharge or parole from imprisonment, but in the case of parole shall be automat- ically withdrawn upon a subsequent impris- onment for violation of the terms of the parole. [1983 c.515 §2 (enacted in lieu of 137.280); 1987 c.320 §32; 1993 c.14 §4; 1997 c.313 §101 137.285 Retained rights of felon; regu. lation of exercise. ORS 137.275 to 137.285 do not deprive the Director of the Depart- ment of Corrections, or the director's au- thorized agents, of the authority to regulate the manner in which these retained rights of convicted persons may be exercised as is reasonably necessary for the control of the conduct and conditions of confinement of convicted persons in the custody of the De- partment of Corrections. (1975 e.781 §3; 1979 c.284 §116; 1987 r -M §331 (Unitary Assessment) 137.290 Unitary assessment; amount; waiver. (1) In all cases of conviction for the (a) The defendant is discharged or commission of a crime, violation or infrac. paroled from imprisonment; or tion, excluding parking - 'ons, the trial (b). The defendant's conviction is set court, whether a circuit ,Justice br municipal aside. court, shall impose upo defendant, in (2) In any felony case, when the court dditi—� sentences the defendant to a term of impris- onment in the custody of the Department of Corrections and execution of the sentence is suspended upon any condition other than imprisonment in the county jail, if the sen- tence of probation is revoked and the sus- pended portion of the sentence is ordered executed, the defendant is deprived of the rights and privileges described in subsection (3) of this section from the date the sentence is ordered executed until: a on o any other monetary obligation imposed, a unitary assessment under this section. The unitary assessment shall also be imposed by the circuit court and: county court in juvenile cases under ORS 419C.005 (1). The unitary assessment is a penal obli- gation in the nature of a fine and shall be in an amount as follows: (a) $100 in the case of a felony.—� (b) $60 in the case of amisdemeanor. (c) $90 in the case of a conviction for driving under the influence of intoxicants. (a) The defendant is discharged or (d) $30 in the case of any offense punish - paroled from imprisonment; or able only by a fine. (b) The defendant's conviction is set (2) The unitary assessment shall inc u e, aside. in addition to the amount in subsection (1) (3) The rights and privileges of which a of this section: persp,n may be deprived under this section (a) $40 if the defendant was driving a ve- are hicle that requires a commercial driver li- (a) Holding a public office or an office of cense to operate and the conviction was for a political party or becoming or remaining a violating: candidate for either office; (A) ORS 811.100 by driving at a speed at (b) Holding a position of private trust; least 10 miles per hour greater than is rea- sonable and prudent under the circum - (c) Acting as a juror; or stances; or (d) Exercising the right to vote. (B) ORS 811.115 by driving at least 65 (4) If the court under subsection (1) of miles per hour; and this section temporarily stays execution of (b) $500 if the crime of conviction is a sentence for any purpose other than pro- crime found in ORS chapter 163. bation, the defendant nonetheless is sen- (3) The court in any case may waive tenced for purposes of subsection (1) of this section. payment of the unitary assessment, in whole sectioor inpart, if, upon consideration, the court (5) Except as otherwise provided in ORS finds that payment of the assessment or por- 10.030, the rights and privileges withdrawn tion thereof would impose upon the defend - by this section are restored automatice.11y ant a total monetary obligation inconsistent Title 14 Page 128 (1997 Edition) EXHIBIT G 137.300 PROCEDURE IN CRIMINAL MATTERS GENERALLY to revenues generated by prosecutions in justice and municipal courts and giving last priority to persons entitled to moneys as re- imbursement for reward under ORS 131.897. [1987 c.905 §3; 1991 c.460 §13; 1993 c.33 §301; 1995 c.782 §3; 1997 c.761 §101 Note: District courts in Oregon abolished January 15, 1998. Pursuant to section 130, chapter 658, Oregon Laws 1995, Legislative Counsel has substituted words designating "circuit courts" for words designating "dis- trict courts" or deleted references to "district courts," or both, in 137.295. See notes preceding 1.001 for further explanation. Note: See second note under 137.290. 137.300 Criminal Fine and Assessment Account. The Criminal Fine and Assessment Account is established in the General Fund of the State Treasury. All moneys in the ac- count are appropriated continuously to be distributed by the Department of Revenue as provided in ORS 137.303. The department shall keep a record of moneys transferred into and out of the account. The department shall report monthly to the Attorney General the amount of moneys received from the state courts in each county and from each city court. (1987 c.905 §61 Note: See second note under 137.290. 137.303 Distribution of moneys from account. (1) The Department of Revenue is responsible for assuring that moneys in the Criminal Fine and Assessment Account are properly distributed and shall distribute the moneys monthly according to the following formula: (a) 15.6365 percent of moneys in the ac- count shall be transferred to the Police Standards and Training Account established under ORS 181.690. (b) 8.7570 percent of moneys in the ac- count shall be transferred to the Criminal Injuries Compensation Account established under .ORS 147.225. (c) 4.2299 percent of moneys in the ac- count shall be transferred to the Intoxicated Driver Program Fund established under ORS 813.270. (d) 48.6727 percent of moneys in the ac- count shall be transferred to the General Fund to be used for general governmental expenses. (e) 2.3452 percent of the moneys in the account shall be reserved to be distributed as provided in ORS 137.305. ( fl 2.7608percent of the moneys in the account shall be transferred to the Depart- ment of State Police and is continuously ap- propriated to the department. (g) 0.7870 percent of moneys in the ac- count shall be transferred to the Department of State Police and is continuously appropri- ated to the department for the purpose of enhanced enforcement of traffic laws against drivers of commercial motor vehicles. (h) 8.7570 percent of the moneys in the account shall be transferred to the Child Abuse Multidisciplinary Intervention Ac- count established in ORS 418.746. (i) 0.8820 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660. (j) 3.4586ppercent of the moneys in the account shall be transferred to the Depart- ment of State Police and is continuously ap- propriated to the department for the purpose of performing forensic laboratory analyses and maintaining the forensic services implied consent unit. (k) 1.2015 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660 and is continuously appropriated for the purposes of ORS 108.620 (1)(a) to (c). (L) 0.4508 percent of the moneys in the account shall be transferred to the Safety Education Fund created by ORS 802.155. (m) 2.061 percent of the, moneys in the account shall be transferred to the Children's Trust Endowment Fund established under ORS 418.198. (2) The Department of Revenue shall re- port to the State Office for Services to Chil- dren and Families monthly on the amount of moneys transferred to the Child Abuse Multidisciplinary Intervention Account un- der subsection (1)(h) of this section. In mak- ing the report, the Department of Revenue shall specify the amount of moneys received from the state courts in each county and fro1991 c.460 §2;each C11993C .741 §1; 1993987 �c970 §§2,,4;91995 c-555 §§2,3; 1997 c.872 §281 Note: See second note under 137.290. 137.305 Reserved moneys; distribution. Moneys reserved under ORS 137.303 (1)(e) shall be distributed monthly as follows: (1) If the monthly distribution to the Po- lice Standards and Training Account pursu- ant to ORS 137.303 (1)(a), ORS 137.015 (1985 Replacement Part) and ORS 813.240 (1)(b) (1985 Replacement Part), is not at least $390,630, then the Department of Revenue shall.. distribute from the reserved moneys such amount as will make up the shortage for the month. (2) If the monthly distribution to the Criminal Injuries Compensation Account pursuant to ORS 137.303 (1)(b) after de- duction of the amount described in ORS 147.391 is not at least $179,000, then the De- partment of Revenue shall distribute from Title 14 Page 130 (1997 Edition) EXHIBIT G JUDGMENT; EXECUTION, PAROLE; PROBATION 137.309 the reserved moneys such amount as wi make up the shortage for the month. (3) If the amount reserved under OR 137.303 (1)(e) is not adequate to make up th shortages described in subsections (1) and of this section, the Department of Revenu shall distribute the reserved moneys to mak RU for as much of the shortages as possible The department shall distribute those mon eys between the recipients named in sub- sections (1) and (2) of this section so that, as nearly as possible, each such recipient suf- fers, for that month, the same shortage on a percentage basis. 137.303 (I)(e) any undistributed afterserved under RS the he procedure described in subsections (1) to (3) of this section, those moneys shall cease to be reserved and shall remain in the Criminal Fine and Assessment Account for distrib- ution in the following month. [1987 c.905 §8; 1991 c.460 §15; 1993 x637 §4; 1993 c.770 §6; 1995 c.440 §2; 1997 c.872 §291 Note: See second note under 137.290. 137306 [1989 c.860 §§1A 1993 c.14 §5; repealed by 1993 r -M §121 137307 [1989 x860 §§2,3,5; 1991 c.203 §l; repealed by 1993 c.196 §121 (County Assessment) 137.308 Authorized uses of assess ments. (1) The county treasurer shall de- posit 60 percent of the moneys receive under ORS 137.309 (6) to (10) into the . gen- eral fund of the. county to be used for the purpose of plang, operating and maintain- ing county juvenile and adult corrections programs and facilities and drug and alcohol programs approved by the Governor's Coun- cil on Alcohol and Drug Abuse Programs. Expenditure by the county of the funds de- scribed in this subsection shall be made in a manner that is consistent with the approved community corrections plan for that county; however, a county may not expend more than 50 percent of the funds on the construction or operation of a county jail. Prior to budg- eting the funds described in this subsection, a county shall consider any comments re- ceived from, and upon request shall consult with, the governing body of a city that for- wards assessments under ORS 137.307 (1991 Edition) concerning the proposed uses of the funds. (2) The county treasurer shall deposit 40 percent of the moneys received under ORS 137.309 (6) to (10) into the county's court fa - action. See Preface to Oregon Revised Statutes for fur- ther explanation. S 137.309 County assessment; amount; e collection; distribution. (1) Except as pro - 2) vided in subsection (4) of this section, when - e ever a circuit or municipal court ora justice e of a justice court imposes a sentence of a fine, term of imprisonment, probation or any _ combination thereof, including a sentence imposed and thereafter suspended, or orders a bail forfeiture, as a penalty for an offense as defined in ORS 161.505, excluding parking violations, an assessment in addition to such sentence or bail forfeiture shall be coIIected. (2) The assessment is not part of the penalty or in lieu of any part thereof. The amount of the assessment shall'be as follows: (a) $5, when the fine or forfeiture is $5 to $14.99. (b) $12, when the fine or forfeiture is $15 to $49.99. (c) $14, when the fine or forfeiture is $50 to $99.99. (d) $20, when the fine or forfeiture is $100 to $249.99. (e) $24, when the fine or forfeiture is $250 to $499.99. (f) $59, when the fine or forfeiture is $500 or more. (3) Assessments imposed under sub- sections (1) to (5) of this section shall be collected as provided in subsections (6) to (10) of this section. (4) The court is not required to impose the assessment, or a part of the assessment, if it finds that the defendant is indigent or that imposition of the assessment would con- stitute an undue hardship. (5) Payment to a court shall not be cred- ited to the assessment described in sub- sections (1) to (5) of this section until all other fines, fees and assessments ordered by the -court have been paid. (6);Except as provided in subsection (9) of 'this_ section, within 60 days after receipt of such' assessment by the clerk of a circuit or municipal court or by a justice of a justice court, the assessment shall be paid to the county treasurer of the county in which the court is located. (7) When any bail is deposited with a court for an offense, the person making such deposit shall include with the bail the amount of the assessment. cihtnes security account established under (8) If bail for an offense is forfeited, the ORS 1.182. [1989 x860 §4; 1993 c.196 §4; 1993 c.637 assessment included therewith shall be paid §141 to the county treasurer as provided in sub - Note: 137.308 was enacted into law by the Legisla- section (6) of this section. If the bail is re- tive Assembly but was not added to or made a part of turned, the assessment included therewith ORS chapter 137 or any series therein by legislative shall also be returned. Title 14 Page 131 (1997 Edition) EXHIBIT G 137.310 PROCEDURE IN CRDTINAL MATTERS GENERALLY (9) Prior to making payment to the of judgment, but if it is not a duplicated or county treasurer as provided in subsections photographic copy, then it must be followed (6) to (10) of this section, the clerk of a cir- in due course by a duplicate or photographic cuit, _municipal or justice court: copy with a notation that notice had been (a) =Shall withhold and deposit in the sent previously. (19e7 c.251 §21 State- Treasury to the credit of the Law En- 137.320 Delivery of defendant when forcement Medical Liability Account the fol- committed to Department of Corrections; lowing amounts: credit on. sentence. (1) When a judgment (A) $1, when the assessment is $12 or includes commitment to the legal and phys- $14. ical custody of the Department of Correc- tions, the sheriff shall deliver the defendant, (B) $2, when the assessment is $20 or together with a copy of the entry of judg- $24. ment and a statement signed by the sheriff of the number of days the defendant was im- prisoned prior to delivery, to the superinten- dent of the Department of Corrections institution to which the defendant is initially assigned pursuant to ORS 137.124. If at the time of entry of a judgment, the defendant was serving a term of incarceration at the direction of the supervisory authority of a county upon conviction of a prior felony, the sheriff shall also deliver to the Department of Corrections a copy of the prior entry of judgment committing the defendant to the supervisory authority of the county of con- viction and a statement of the number of days the defendant 'has remaining to be served on the term or incarceration imposed in the prior judgment. (2) If the defendant is surrendered to an- other legal authority prior to- delivery to an institution of the Department of Corrections, the sheriff shall forward to the Department of Corrections copies of the entry of all per- tinent judgments, a statement of the number of days the defendant was imprisoned prior to surrender, a statement of the number of days the defendant has remaining to be served on any term of incarceration the de- fendant was serving at the direction of the supervisory authority of a county upon con- viction of a prior felony and an identification of the authority to whom the prisoner was surrendered. (C) $5, when the assessment is $59 (b) May withhold an amount equal to the reasonable costs incurred by the clerk in collection and distribution of the assessment. (10) A city that lies in more than one county shall pay the assessments it collects to each county in proportion to the percent of the population of the city that resides in each county. (1991 c.778 §§4,5; 1993 c.14 §6; 1993 c.196 §1; 1993 c.637 §§13,13a] Note: District courts in Oregon abolished January 15, 1998. Pursuant to section 130, chapter 658, Oregon Laws 1995, Legislative Counsel has substituted words designating "circuit courts" for words designating "dis- trict courts" or deleted references to "district courts," or both, in 137.309. See notes preceding 1.001 for fiuther explanation. EXECUTION OF JUDGMENT (Imprisonment) 137.310 Authorizing execution of judg- ment; detention of defendant. (1) When a judgment has been pronounced, a certified copy of the entry thereof in the register shall be forthwith furnished by the clerk to the officer whose duty it is to execute the judg- ment; and no other warrant or authority is necessary to justify or require its execution. (2) The defendant may be arrested and detained in any county in the state by any peace officer and held for the authorities from the county 'to which the execution is directed. Time spent by the defendant in such detention shall be credited towards the term specified in the judgment. (Amended by 1961 c.358 §1; 1967 c.372 §4; 1985 c.540 §371 137.315 Electronic telecommunication of notice of judgment authorized. When- ever it is necessary that a copy of the entry of judgment against a defendant be delivered to the Department of Corrections or any other correctional authority of this state, or to the correctional authority of any political subdivision of this state, the court or the sheriff may transmit notice of the judgment by electronic telecommunication. The notice of judgment shall serve as authority for im- prisonment under this chapter. The notice need not be a duplicate or photographic copy Title 14 (3) Upon receipt of the information de- scribed in subsection (1) or (2) of this sec- tion, the Department of Corrections shall establish a case file and compute the defend- ant's sentence in accordance with the pro- visions of ORS 137.370. (4) When the judgment is imprisonment in the county jail or a fine and that the de- fendant be imprisoned until it is paid, the judgment shall be executed by the sheriff of the county. The sheriff shall compute the time the defendant was imprisoned after ar- rest and prior to the commencement of the term specified in the judgment. Such time shall be credited towards the term of the sentence. [Amended by -1955 c.660 §14; 1967 c.232 §1; 1967 c585 §5; 1971 c.619 §1; 1973 x631 §1; 1981 c.424 §1; 1987 c.320 §34; 1995 c.423 §291 Page 132 (1997 Edition) EXHIBIT G INTERGOVERNMENTAL AGREEMENT (Pursuant to Order #96-057) This Intergovernmental Agreement made and entered into in duplicate original as of the later of the dates entered below, by and between the CITY OF BROWNSVILLE, a Municipal Corporation, organized and existing under the laws of the State of Oregon, hereinafter called "City" and LINN COUNTY, a political subdivision of the State of Oregon, hereinafter called "County". RECITALS The State of Oregon has declared it to be a matter of statewide concern to promote intergovernmental cooperation for the purposes of furthering economy and efficiency in local government. Oregon Statutes grant general authority for intergovernmental agreements by units of local government pursuant to the provisions of ORS 190.010 et seq. Any city may enter into an agreement pursuant to ORS 51.037 and 190.010 with a county in which a justice of the peace district is located for the provisions of judicial services. A justice of the peace providing services to a city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, functions and duties of the municipal court of the city, and the judges thereof with respect to all or any violations of the charter or ordinance of the city, and The City of Brownsville is wholly within the boundaries of Linn County and of the Justice of the Peace District No. 4A, for Linn County, and City and County have deemed it to be to their mutual advantage and to the best interest of their respective constituencies to enter into this Intergovernmental Agreement, for the purpose of allowing the Justice of the Peace of the Justice of the Peace District No. 4A, for Linn County, hereinafter called "Justice of the Peace," to provide judicial services to the Municipal Court of the City. NOW, THEREFORE, in consideration of the recitals above and the mutual covenants, terms and provisions set forth below, the parties agree as follows: 1.0. The Justice of the Peace shall provide judicial services to City, and exercise all judicial jurisdiction, authority, power, function and duties of the municipal court of the City and the Judge thereof. 2.0. The City shall provide all necessary court personnel, equipment and supplies and pay all expenses incurred in connection with municipal court. matters. EXHIBIT H C:\DATA TD\BOARD\BRNSVL.JP 3.0. City will provide space heretofore used by the Municipal Court for court work, including heat,.light, water, sewer, trash removal and janitorial service, at City expense. 4.0. Except as provided in Sections 2.0 and 3.0 of this Agreement, the financial arrangements for the judicial services of the Justice of the Peace shall be as follows: 4.1. The Justice of the Peace shall be paid by the City for performing municipal court services, and City shall provide and pay for any payroll costs or workers' compensation benefits required by law, and any fringe benefits agreed upon by City and Justice of the Peace. 4.2. The amount of compensation for the services of the Justice of the Peace shall be agreed to by the City and the Justice of the Peace, and shall be paid directly to the Justice of the Peace in accordance with that agreement. 4.3. The City shall not be required to reimburse Linn County for any additional costs resulting from this Agreement. 4.4. All fines, costs and forfeited bail collected under the terms of this Agreement shall be paid to the City. 5.0 The Justice of the Peace shall be available at least one day each month for municipal court services for the City, and at such other times as are necessary. In the event that additional appearances are necessary, City shall, where possible, provide advance notice to Linn County of the City's needs, and such additional appearances by the Justice of the Peace shall only be made upon approval of Linn county. 6.0. This Agreement shall continue in effect so long as there is an incumbent filling the office of the Justice of the Peace, or until terminated by either party as provided in paragraph seven. 7.0. Each party to this Agreement reserves the right to terminate this Agreement at the end of any fiscal year by giving the other party written notice by April 1 st of the year in which the Agreement is to terminate. Each party covenants to exercise this right only upon good and substantial cause. 8.0. This Agreement shall be liberally construed to effect the purposes expressed herein. 9.0. This agreement is effective when it has been executed by both parties. 10.0 This agreement supesedes all other prior agreements between the parties with respect to the services of the Linn County District 4A Justice of the Peace. EXHIBIT H c:\DATA_TD\BOARD\BRNSVL.JP INTERGOVERNMENTAL AGREEMENT (Pursuant to Order #96-056) This Intergovernmental Agreement made and entered into in duplicate original as of the later of the dates entered below, by and between the CITY OF HARRISBURG, a Municipal Corporation, organized and existing under the laws of the State of Oregon, hereinafter called "City" and LINN COUNTY, a political subdivision of the State of Oregon, hereinafter called "County". RECITALS The State of Oregon has declared it to be a matter of statewide concern to promote intergovernmental cooperation for the purposes of furthering economy and efficiency in local government. Oregon Statutes grant general authority for intergovernmental agreements by units of local government pursuant to the provisions of ORS 190.010 et seq, and Any city may enter into an agreement pursuant to ORS 51.037 and 190.010 with a county in which a justice of the peace district is located for the provisions of judicial services. A justice of the peace providing services to a city pursuant to such an agreement shall have all judicial jurisdiction, authority, powers, _functions and duties of the municipal court of the city, and the judges thereof with respect to all or any violations of the charter or ordinance of the city, and The City of Harrisburg is wholly within the boundaries of Linn County and of the justice of the peace district of Central Linn Justice of the Peace District, and City and County have deemed it to be to their mutual advantage and to the best interest of their respective constituencies to enter into this Intergovernmental Agreement, for the purpose of allowing the Justice of the Peace of the Justice of the Peace District No. 4A, for Linn County, hereinafter called "Justice of the Peace,", to provide judicial services to the Municipal Court of the City. NOW, THEREFORE, in consideration of the recitals above and the mutual covenants, terms and provisions set forth below, the parties agree as follows: 1.0. Commencing with the effective date of this Agreement, all violations of the -Charter or Ordinances of the City of Harrisburg, including but not limited to all traffic offenses, shall be filed and prosecuted in the Central Linn Justice Court for Linn County, District No. 4. The Justice of the Peace shall provide judicial services to City, and exercise all judicial jurisdiction, authority, power, function and duties of the municipal court of the City and the Judge thereof. EXHIBIT H C:\DATA_TD\B0ARD\1=rSDRG.JP Z 2.0. The County shall provide all necessary court personnel, equipment and supplies and pay all expenses incurred in connection with prosecution under City Charter or Ordinance, excepting the services of a prosecuting attorney, of witness fees, and the services of court appointed counsel to qualified indigent defendants for City cases. The City shall be responsible for these last three expenses. County will pay all telephone costs, including those attributable to City court functions. 3.0. During the term of this Agreement, city will provide space for court work in the City Hall Auditorium, including heat, light, water, sewer, trash removal and janitorial service, at city expense, except as otherwise specified. This includes court sittings for Justice Court every Monday and Municipal Court sittings the second and fourth Wednesday each month. Court sittings will commence at 8:30 am. and continue until completion. Justice Court use of the Auditorium beyond these times will be at the standard City Hall rental rate, currently $30.00. Municipal Court use of the Auditorium will be at city expense. This. agreement of free use of the Auditorium satisfies the City cost -share for rent of Court office space outside of the City Hall of Harrisburg. Linn County will provide Justice Court office space, outside City Hall, including heat, light, water, sewer, trash removal and janitorial expense, at County expense. 4.0 All fines, costs and forfeited bail collected by the Justice Court in connection with the prosecution of City cases shall be credited and distributed in accordance with ORS 153.630. 5.0 Both parties to this Agreement understand that responsibility for prosecuting all Ordinance violations shall be with the City of Harrisburg. 6.0 It is agreed between the parties that the Judge of the Central Linn Justice Court shall be paid by the County for services of the Judge in performing City prosecutions, City shall reimburse County $125.00 per month for these services. 7.0 County will employ one full-time and one part-time clerk to serve the Central Linn Justice Court. It is agreed that the part-time clerk will perform court clerk services for City; City will reimburse County for the salary, fringe benefits and payroll costs of the part-time clerk based on ten (10) hours work per week for Municipal Court duties.. 8.0 This Agreement shall continue in effect so long as there is an incumbent filling the office of the Justice of the IPeace, or until terminated by either party as provided in paragraph nine.. 9.0. Each party to this Agreement reserves the right to terminate this Agreement at the end of any fiscal year by giving the other party written notice by April 1 st of the year in which the Agreement is to terminate. Each party covenants to exercise this right only upon good and substantial cause. The reason for this covenant is that: the City and county, respectively, are local governmental units, bound to the local budget laws; each is required, at minimum, to plan service in advance upon a fiscal year basis. 10.0. This Agreement shall be liberally construed to effect the purposes expressed herein. 11.0. This agreement is effective when it has been executed by both parties. EXHIBIT H CADATA TD\BOARD\HARIS8RG.JP 2 12.0 This agreement supersedes all other prior agreements between the parties with respect to the services of the Linn County District #4 Justice of the Peace: IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the date set forth below. CITY OF HARRISBURG, BOARD OF COUNTY COMMISSIONERS a Municipal Corporation FOR LINK CO TY La J. Johnso , erson Council Preside David R. Schmidt, Commi ner +City rder Richard Stach, Commis ' n `r Date Date APPROVED AS TO FORM; APPROVED AS TO FORM: 1�-- ��l City Attorney Tom Corr Linn County Legal Counsel C:\DATA TD\BOARD\HARISBRC.JP EXHIBIT H AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (Linn County Order #96-056) Pursuant to Linn County Order #99-065 THIS AGREEMENT is made and entered into this 3rd, day of February, 1999, by and between the following parties: LINN COUNTY, apolitical subdivision of the State of Oregon, (County), of P.O. Box 100, Albany, Oregon, State Accidnt Insurance Fund Policy #28337100, and CITY OF HARRISBURG, a municipal corporation, (City). The parties having executed a an intergovernmental agreement bearing Linn County Order No. 96-056, now, hereby agree to amend said agreement as follows: Section 1. The section entitled 1.0 is amended to read as follows: The Justice of the Peace shall provide judicial services to City, and exercise all judicial jurisdiction, authority, power function and duties of the municipal court of the City and the Judge thereof. Section 2. The section entitled 4.0 is amended to read as follows: All fines, costs and forfeited bail collected under terms of this Agreement by the Harrisburg Municipal Court shall be paid to the City, except as may be otherwise provided by ORS 156.630. So long as the Linn County Shenffs Office performs police services under contract with the City, prosecutions in Harrisburg Municipal Court initiated by or from arrests or complaints made by the Linn County Sheriff or Sheriffs Deputies shall be considered to be prosecutions initiated by a City police officer. Section 3. Agreement #96-056 is affirmed in all other respects. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in triplicate by the duly authorized persons whose signatures appear below. CITY OF HARRISBURG BOAR.D. OF COUNTY COMMISSIONERS (CITY) LI N COUNTY) Council rest ent David R(Schmidt, Chairman ABSENT I City Recorder Date APPROVED AS TO FORM: City Attorney oner Jo?n K. Llnasey", uommjs!!!2er I/ —tratte C� - APPRTIAS TO FORM: Brad Anderson Linn County Legal Counsel EXHIBIT H PAGE 1 - AMENDMENT TO AGREEMENT #96-056/CITY OF HARRISBURG ORDER #99-065 E.%C0NTRACTICASESUp%AM0MkFRM latest rev. ima aU) m a}Z}Z°}>W.}}>W.}}}}}}yW.}}>-}}}Z°}>-ZZZZ V)00 00 u7 O O N O O CO MCD (n N O co M N co M T MLO CO O (n 0) N d' N T O N N r r r r T r T N .r r N T T N T a 0 0 CD r v M O O r 0 0 0 T (n 0 0 0 0 0 0 0 0 0 f0 M O M 1,- O O N O LO r O) LO M to N N Cl u) W N r M u7 x T E O � 1- T O r 0 O CO (n d' CO 'T N CO (D 00 N O M N 0 0 'It m M O P' O d 1l- (0 co u) co LO r r d' d' r In O r N W CD N v- u U N u7 cn (D O N O co M O O D CA CD M r u7 co r Ln r O O N r CD O O T O O r d' O U') "T N r '— `7 V T r Cl N Cl In r p N u7 W (u �l N 1` N N co CO O O d' et rl- 1` M Cf') 0) co O d' O O M O d' M co CO) O O T h d' F-4 M f` d' N C) M r r d• CO 1- M r O M 0 M CD N r O > Q) r r M r T N N H U aa O O u7 M O 1` N CT) LO T M d' CO W N O d' r 0 00 CO) 00 CO I- d' 1- M M d' CO O O Q Cn 1` co N r r 0 CO CO N N N V- d' O N M Cn M r` T O N u) r W r 001 H (0 'Tr T N r N N— N Cn N N CO N N r r O N DQ.' •4 U >,U M 1- r 1` O d Ln M T u) in c0 o O cry (0 CD (0 co (D O u') O 0) co co O N Cl) co M JJ M ((7 CD CO 1.- 00 (A r r- r 00 d' 1` (D r O CT) ('- M) 'IT 1• W 1'- 00 r M CD O M r d' to co N c0 MCO 00 NM u7 Nr- V M CD 1� V� CD (D N r� d' CO d' CC) r N N c0 � [Wu (c) C() N CO M .N CD M T r M r T M CO "r T r M N d' M d' CA eh T T T M •r( Q T r 4.1 UE Q O O O C O O O O o o o 0 0 o o 0 0 0 O o 0 0 0 0 0 0 o 0 o 0 CA 4..1 0 0 0 0 0 0 0 0 0 0 0-O O O N N N O O Cl O O O O O O O O O CD et $4 O O CA O O O 4 O M M M M (O t` ti O 06 O O d' 0 0 6 N C O O 00 u) O' O O N 'qt CD O N st N O O O O O co c0 CO O co O O CO O O O O (O (D LO N N V O O O M O O M -Kr u7 sf 'c' et -w T O O) CJ) v(D co co r O O O D) m N CD O C r f) d O CA O O 1` CD (' ,T d- d�' M M M M_ T r r O O 1— M (f) N d' .or cc r 1- et. 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ClickC[x-�sfr State Court Administrator RE: 2000 Base Fine Summary On January 1, 2000, a statutory formula for determining "base fine" amounts (the amount an officer writes on the front of a violation citation) replaces the Uniform Bail Schedule (UBS) formerly adopted by the Oregon Supreme Court (see sections 34 through 39, chapter 1051, Oregon Laws 1999). Under the statute, section 39, chapter 1051, Oregon Laws 1999 (which we understand will be ORS 153.138), the Office of the State Court Administrator is to prepare and disseminate information from time to time to reflect minimum base fine amounts as determined by the statutory formula. The attached Base Fine Summary reflects the base fine amounts that will be in effect on January 1, 2000. THE BASE FINE SUMMARY ATTACHED TO THIS MEMO SHOULD BE IMPLEMENTED January 1, 2000. This new schedule replaces all existing bail schedules used by all courts of this state for those offenses subiect to the schedule. This memo and the attached UBS materials will be posted on the Oregon Judicial Department website at www.oid.state.or.us. OJD staff may access it on the Judicial Department Reference Manual Index (Item G.) database on Lotus Notes. Please disseminate copies of the attached summary to local law enforcement offices and copies of the summary and worksheets to any municipal or justice courts in your area. If you have any questions, please contact Bradd Swank of this office at (503) 986-5519 or through e-mail at bradd.a.swank@ojd.state.or.us. EXHIBIT K Kingsley W. Click, State Court Administrator • Supreme Court Building • 1163 State Street • Salem, Oregon 97310-0260 (503) 986-5900 • FAX (503) 986-5503 • TTY (5031 986-SSO4 MEMORANDUM Page 2 December 28, 1999 The legislature made a number of changes that affect base fine amounts for various offenses. Many of these changes are reflected in the attached summary. Attached with the new summary is a copy of the revised worksheets used to generate the current summary. These worksheets show how the specific base fine amounts were determined and what portions of the specific base fine for each offense are allocated for the statutory unitary assessment (UA) and county assessment (CA) distributions. IMPORTANT INFORMATION REGARDING THE ATTACHED BASE FINE SUMMARY AND WORKSHEETS: Sections 3 to 6, chapter 1095, Oregon Laws 1999 (1999 SB 82) limits the ability of courts to reduce fines for violations below certain minimum levels (we understand that this limit will be placed in ORS 153.093). These minimum sanction levels are included in the worksheets for your information. The worksheets also show how much of each such minimum sanction is UA, CA, and fine. The bill also prohibits courts from waiving payment of ANY part of the UA so long as ANY fine amount is imposed. We are interpreting this to mean that UA must be collected even if a fine is imposed and then suspended. KC:BAS:sh/E7S99037 Attachments cc/aft: Representative Lane Shetterley Robin LaMonte, Legislative Fiscal Office Legislative Counsel Department of Revenue Secretary of State Oregon State Police Special Courts Advisory Committee League of Oregon Cities Association of Oregon Counties The Honorable Jan Zyranoff People Who Participated in the Uniform Citation Workgroup SCA Division Directors ESHIBIT K BASE FINE SUMMARY SCHEDULE OF MINIMUM BASE FINE AMOUNTS FOR VIOLATIONS IN OREGON Prepared by the Office of the State Court Administrator (Effective January 1, 2000) Provided by the Oregon Office of the State Court Administrator, pursuant to ORS 153.138 (section 39, chapter 1051, 1999 Oregon Laws) to reflect minimum base fine amounts effective January 1, 2000. (Released December 1999) Supersedes all previous "bail schedules" for infractions or violations. For violations subject to ORS 153.125 to 153.145 (sections 34 to 39, chapter 1051, Oregon Laws 1999), this schedule summarizes minimum amounts the citing enforcement officer shall enter on the f-ont of the citation in the place designated for "base fine" when a person is charged with the described offense. The amounts listed in this schedule are not security release amounts or security release de osit amounts for ur osas of and do not affect security release procedures under, ORS 135.265. Except for parking offenses, the amounts established in this schedule include moneys for purposes of the unitary assessment established by ORS 137.290 and the county assessment established by ORS 137.309, see ORS 153.125 (section 35, chapter 1051, Oregon Laws 1999). The amounts under this schedule do not include any moneys for restitution or costs. Oregon statute does not use "base fines" for misdemeanors or felonies so none are reflected in this schedule. SECTION I -VIOLATION MINIMUM BASE FINE AMOUNTS, by class with enhancements. Applies to violations under the Oregon Revised Statutes, Oregon Administrative Rules, and ordinances of cities, counties;_ and- other Dolitical subdivisions of this state. A. CLASS A VIOLATION INDIVIDUAL: 1. Basic 2. Accident/Iniurylrisk - Substantial contributing factor to an accident resulting in property damage or injury OR substantial risk of injury 3. Traffic special zone - For traffic violations only, in a "highway work zone" or posted school zone or designated "safety corridor" CORPORATION: 4, Basic 5. Accident/Iniurylrisk - Substantial contributing factor to an accident resulting in property damage or injury OR substantial risk of injury 6. Traffic special zone - For traffic violations only, in a "highway work zone" or posted school zone or designated "safety corridor" INDIVIDUALS AND CORPORATIONS: 7. 'Commercial vehicle speed -Defendant was exceeding the legal speed by at yeast 10 miles an hour in a vehicle that requires a commercial driver license to operate (add $40 to 1, 2, 3, 4, 5, or 6) 1.. ..... $295' 2......... $419` 3......... $539' 4......... $539' 5......... $814` 6........$1054' 7. 'Add $40 for comm. ML. speed EXHIBIT R B. CLASS B VIOLATION (includes those that are 'unclassified') INDIVIDUAL: 1. Basic 1......... $175' 2. AccidenUlniury/risk - Substantial contributing factor to an accident resulting in property damage or injury OR substantial risk of injury 2......... $235' 3. Traffic special zone - For traffic violations only, in a "highway work zone' or posted 3. $295' school zone or designated "safety corridor" ' ' ' ' ' ' ' ' CORPORATION: 4. Basic 5. Accident/lniury/risk - Substantial contributing factor to an accident resulting in 4......... $295' property damage or injury OR substantial risk of injury 6. Traffic special zone - For traffic violations only, in a "highway work zone" or posted 5. ' ' ' ' ' ' ' $419' school zone or designated "safety corridor" ' INDIVIDUALS AND CORPORATIONS: 6......... $539' 7. 'Commercial vehicle speed -Defendant was exceeding the legal speed by at least 10 miles an hour in a vehicle that requires a commercial driver license to operate (add $40 7. *Add S40 for comm. to 1, 2, 3, 4, 5, or 6) eh. sn ed c. CLASS C VIOLATION INDIVIDUAL: 1......... $109' 1. Basic 2. Accidentliniury/risk - Substantial contributing factor to an accident resulting in property damage or injury OR substantial risk of injury 2......... $139+ 3. Traffic special zone i For speed only) - Speeding in a "highway work zone' or posted school zone or designated "safety corridor" $175' CORPORATION: CORPORATION: 4. Basic 5. Accident/lniury/risk - Substantial contributing factor to an accident resulting in 4......... $175' property damage or in,:jry OR substantial risk of injury 5......... $235' 6. Traffic special zone ;'; or speed only) - Speeding in a "highway work zone' or posted school zone or designated "safety corridor" 6 $295• INDIVIDUALS AND CORPORATIONS: 7. 'Commercial vehicle speed -Defendant was exceeding the legal speed by at least 10 miles an hour in a vehicle that requires a commercial driver license to operate (add $40 7 .Add S40 for comm. to 1, 2, 3, 4, 5, or 6) veh. s eed D. CLASS D VIOLATION INDIVIDUAL: 1.......... $77 1. Basic 2. Accident/Iniurv/risk - Substantial contributing factor to an accident resulting in property damage or injury OR substantial risk of injury 2. ' ' ' ' ' ' ' ' ' $92 3. Traffic special zone (For speed only) - Speeding in a "highway work zone" or posted $109 school zone or designated "safety corridor" 3......... CORPORATION: 4. Basic 5. Accident/lniury/risk - Substantial contributing factor to an accident resulting in 4. $109 property damage or injury OR substantial risk of injury 5......... $139 6. Traffic special zone (For speed only) - Speeding in a "highway work zone' or posted school zone or designated "safety corridor" 6......... $175 E. UNCLASSIFIED VIOLATIONS Where statute does not provide a specific fine Class B Violations, classification or fine amount for a violation. it is a "Class B" violation. see above. EXHIBIT R F. SPECIFIC FINE VIOLATIONS Specific fine violations are not designated as a Base Fine = misdemeanor or felony or as a Class A, B, C, or D violation by statute; do not include a Statutory Fine + term of imprisonment as a penalty; and are punishable by a specific fine as the penalty for $35 + County committing the offense. The base fine amount is equal to the fine amount provided by Assessment statute (the maximum) added to $35 (unitary assessment amount) and the appropriate County Assessment amount under ORS 137.309. 'SECTION ll-.SPECIFIC'TRAFFIC VIOLATION: CLASSIFICATIONS FOR CERTAIN"OFFENSES "; "°" ' « ri A. SPEED. Violation of lawful or posted speed limit, ORS 811.100, 811.110, 811.112, 811.115, 811.120, 811.123, 811.806, and speed limits in parks adopted by rule under ORS chapter 390. Speed violations are subiect to enhancements as shown in Part I of this summary. SEE SECTION I FOR AMOUNTS. 1. 1 to 10 mph excess Class D violation 2. 11 to 20 mph excess Class C violation 3. 21 to 30 mph excess Class B violation 4. Over 30 mph excess) Class A violation 5. Where speed is 65 mph a. 66 to 75 mph Class C violation b. 76 to 85 mph Class B violation c. Over 85 mph Class A violation B. MOTOR CARRIER violations (ORS chapter 825) 1. Failure to obtain motor carrier certificate permit, ORS 825.100 and 825.990 1. Class A violation 2. 825.990(1) MOTOR CARRIERICOMMERCIAL VEHICLE OPERATION RULES (as 2. Class A viol.' amended by sec. 233, ch. 1051, Or Laws 1999). Violation of certain 3. Unclassified Misdemeanor' Oregon Department of Transportation rules related to commercial vehicles. 3. 825.990(4) MOTOR CARRIER/COMMERCIAL VEHICLE HAZARDOUS WASTE 4. Class A Misd. TRANSPORTATION RULES (as amended by sec. 233, ch. 1051, Or Laws 1999). Violation of certain Oregon Department of Transportation rules 'For those with"' related to transportation of hazardous wastes. violation -level penalties may be 4. 825.990(2) Violating out -of -service notice. established for specific rule violations by rule, see ORS 153.022 C. CARELESS driving. ORS 811.135. 1. Class B violation 1. NOT contributing to an accident 2. Class A violation 2. Contributing to an accident NOTE: The base fine amount for this offense is not otherwise subject to increase for contributing to an accident, see 153.128(2). D. U-TURN. ORS 811.365. 1. Class C violation 1. NOT contributing to an accident 2. Class B violation 2. Contributing to an accident NOTE: The base fine amount for this offense is not otherwise subject to increase for contributina to an accident. see 153.128!31. - EXHIBIT K E. ORS 818.430, Schedule I OVERLOAD offenses. Applies to violations of ORS 818.020, 818.060, 818.340(5)(c) 1. 1,000 lbs. or less excess $45 2. 1,001 to 2,000 lbs. excess $77 $49+030 3. 2,001 to 3,000 lbs. excess per excess Ib. 4. 3,001 to 4,999 lbs. excess $55+050 per excess Ib. $59+ 050 5. 5,000 lbs. excess per excess Ib. ($304 total) 6. 5,001 to 7,500 lbs. excess $94+130 per excess Ib. 7. 7,501 to 10,000 lbs. excess $94+150 per excess Ib. 8. 10,001 to 12,500 lbs. excess $94+ 19¢ per excess Ib. 9. More than 12,500 lbs. excess $94+ 24¢ oer excess Ib. F. ORS 818.430, Schedule I OVERLOAD FARM VEHICLE FINE REDUCTION offenses for vehicles that are registered as farm vehicles, transporting agricultural products and loaded in the field without benefit of a scale. Applies to violations of ORS 818.020, 818.060, 818.340(5)(c) as penalties are modified by ORS 818.430(2) as amended by sec. 1, ch. 668, Or Laws 1999: $45 1. 1,000 lbs. or less excess $62 2. 1,001 to 2,000 lbs. excess $49+1-50 3. 2,001 to 3,000 lbs. excess per excess Ib. NOTE: The reduction of penalty for farm vehicles under this provision does not apply if the vehicle is more than 3,000 1 G. ORS 818.430, Schedule II OVERLOAD offenses, applies to offenses under 818.340(5)(b). 1. 100 to 5,000 lbs. excess: $155+ 10¢ a. Less than 1,500 excess lbs. per excess Ib. 159 b. 1,500 to 3,999 lbs. excess + 10 perr eexcxcess Ib. $194+ 10¢ c. 4,000 lbs. or more excess per excess Ib. $344+150 2. 5,001 to 10,000 lbs. excess per excess Ib. $594+ 30¢ 3. More than 10,000 lbs. excess Der excess Ib. 4 FXRTBIT R H. ORS 818.430, Schedule III OVERLOAD offenses, applies to offenses under ORS 818.040. 1. 100 to 5,000 lbs. excess: a. Less than 1,000 excess lbs. $155 + 15¢ per excess Ib. b. 1,000 to 2,666 lbs. excess $159+150 per excess Ib. c. 2,667 to 5,000 lbs. excess $194+150 per excess Ib. 2. 5,001 to 10,000 lbs. excess $344 +200 per excess Ib. 3. More than 10,000 lbs. excess (unclassified misdemeanor) $624 +300 Possible jail up to 30 days per excess Ib. I. State PARKING offenses. 1. Class B violation: ORS 811.630 $120 2. Class D violation: ORS 811.555, 811.570, 811.575, 811.580, 811.585 $30 3. Violation of winter parking permit requirements: ORS 811.590 $30 4. Class D violation: ORS 811.617 (blocking a disabled space) $50 5. Class B violation: ORS 811.615, 811.625, parking in a disabled parking space in $190 violation of ORS 811.615 or unlawful use of a disabled person parking permit in violation of ORS 811.625. Mandatory minimum fines. .1. Misc. SPECIFIC FINE TRAFFIC violations. 1. Snow park violations: ORS 811..590 2. Bicycle helmet violation: ORS 814.485; 814.486 3. Vehicle overweight/overload: ORS 818.430 K. IMPORTANT NOTE: A number of violation -level offenses may have CHANGED CLASSIFICATION LEVELS as a result of the 1999 Legislative Session. It is not the purpose of this summary to include all of those changes, but the user should be aware of the issue. SECTION III - Misc. Areas of law where state agency rules/political subdivision rules or ordinances may establish various classes of violations that do not appear in statute, see ORS 153.022 and 153.025. Sections 76 and:78, chapter 1051, Oregon Laws 1999. NOTE: A number of violation -level offenses can be created by state agency rule or by ordinance or rule of a political subdivision of this state. It is not the purpose of this summary to try to include either every rule or ordinance adopting a violation -level offense or every place in statute granting this authority. The user of this summary should be aware of the issue. EMBIT K SECTION N = GAME AND COMMERC(AL'FISHING App_ lies to offenses underwiidlife.laws, ORS chapters 496 501; . and commercial fishing—law's, ORS chapters 506-513.::' Violation of fish and wildlife laws and rules are either Class A misdemeanors (with a culpable mental state) or Class A violations (without a culpable mental state). However, the base fine amounts for the violations are set by statute under ORS 496.951 and 496.992(2) rather than by the formula established by statute to determine other base fine amounts. These base fine amounts are set out in the following for the convenience of the user. (As amended by sec. 105, ch. 1051, Or Laws 1999). Remember, these base fine amounts apply whether the offender is an individual or corporation and are not enhanced in the same instances as for other Class A violations. The amount which shall be placed on a citation issued by a law enforcement official is as follows (a court is not allowed by statute to establish a base fine amount for a violation of an offense in the following other than the amount listed): 1. Violations that do not involve the taking of wildlife, except for violations of the nonresident licensing provisions of ORS 497.102 and 497.121 and the provisions of. ORS 496.994 $75 2. Violations that involve the taking of nongame mammals or game birds and size or quantity limits for fish and shellfish, except salmon, steelhead trout, and sturgeon $150 3. Violations that involve the taking of salmon, steelhead trout, sturgeon, wildlife not otherwise provided for, and all other wildlife offenses $299 SECTION V -Misc. Nontraffic violations and their classifications. Not an exhaustive list. - IMPORTANT NOTE: A number of violation -level offenses may have CHANGED CLASSIFICATION LEVELS as a result of the 1999 Legislative Session. It is not the purpose of this summary to include all of those changes, but the user should be aware of the issue. SECTION VII = BASE FINE FORMULA FOR VIOLATIONS. ;The following is the statutory formula to establish a base fine amount fora violation otherwise described in this schedule. ` A. For violations with NO ENHANCING FACTORS: Base fine = a foundation amount of 40 percent of the maximum fine established for the violation by statute added to the amount of statutory assessments, under ORS 137.290 and 137.309, appropriate to that foundation amount. B. For violations WITH ENHANCING FACTORS: Base fine = a foundation amount of 60 percent of the maximum fine established for the violation by statute added to the amount of statutory assessments, under ORS 137.290 and 137.309, appropriate to that foundation amount. Enhancing factors generally are as follows: - Being a substantial contributing factor to an accident that resulted in property damage or personal injury, OR - Creating a substantial risk of injury to another person. C. For violations WITH STATUTORY MINIMUM FINE that is higher than minimum base fine amount under A. or B. above: Base fine = a foundation amount of the statutory minimum fine established for the violation by statute added to the amount of statutory assessments, under ORS 137.290 and 137.309, appropriate to that foundation amount. 0. For specific fine violations: Base fine = a foundation amount of 100 percent of the maximum fine established for the violations by statute added to the amount of statutory assessments, under ORS 137.290 and 137.309, appropriate to that base amount. 12/27/99 0/110.5WCIDO=UJ0 EMBIT K kn � N C U C Ln C G ° w O> O " E L eG . o R y O C .U+ ^ C7' •U cn cc Q O � •to ''' '•'� 913 a+ •� m N 00 y .— •C �vCi en t.OU, N _ O v 4] to U fn 0 � __ d O •� o a� r W C C C U A °O y0 L Cn c, o CO en r U L r . to M N_ C H y u �.. 0 �_ a cn N '= M LQ y U n cc ., O! 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O C O O CD eoo s C O O a0 p p R O N N N R H H O N v p C O C O O O O O p O O O C O O O O O O O O O V _ pO S O O O O O O v1 W H H H H H N H N y y�j 4A O C .G. _� i•. 7 G T >. u _1-4 t s v 'V � •y � u u u �..� t' � �r O P] � � N 6 ^ N � CJ eC R T T f � L F' �"' F f] - IM QUy O < = (.-: O+ C O t C O O C O Q , I? e U u 0 U$ Ulooe UI V VI UI cil UI UIQ UI Vlap o CI O� eaIFI�.Fl3°�°.wFGEeoo�F+ EM BIT K N r EXHIBIT K C7 r CD !n o 0 _ 0 CD t O N CD N •M S .3. _ H = u - Do _ _ ^ 0 cic cz o ri H W C a H H H •m C R H u v - u v OC N O O O C 3 S c i N C3 CD rc CD w ON u a ero - E vis C y O O O O O O C v a N N — N N N N N a t CI ^ '�J• N H N N H N H N r O O o pp O O p O O _n u i Y C N N N N ~ v U t0 N H H H N M H O c L 6 o<j sU c d u =EzoE O�i C=! O O O v n Lil C O O L Y N H N H dr�..v H H H T �> O O O O `u > O O O O O .O O O N O O O m 1N+ n C a p u C IQ 0 0 0 0 0 0 o m 0 _ q N Q O O L y C = = = 604 61) = N ry 4A 0 ^N 3 m N c �I< o c o 0 0 0 o p '.vyn p.se — S W. 4- O - n N n H n N n H n H n H n H U _ m O O U O O C O r4 ry C 604 V4 4�4 6ftu J v O O O O C O O V L u > L u oo o O s+9 sr� iA .-. C Vs H H H H H ` u vL- v N H E E 0 0 0 m u u> c o m > O 9 C CW ono OC s m Nu� o u v c a c v rl -0- h m o • So" _ O -V t F F CO �U0 co .0 N U O O G u 6 u > o > i > a u .. C u T ■_� �M�U� uc ' G Ery -00 a G 0 E_ 0 E` 0 0 ICC CO q u u u N N 9 u m u o C C C C C C CI O o o `p yFCu—oeo �-.F+ vs v vni vei vii h v^i Z EXHIBIT K C7 r H H H .c...d C H H H H O ^IC _ o U w w H • O O � M r1 C fA E cs t GI v^ to c •� O O O O O CI R t pC4P O O O O C V t'1 H r H r1 H n H O H uR O O O v U� C v u C 4rv_ O N v N v V L H H H H a C C Uc c o p E 0 r' 0 0 0 0 � o N CL— H _ M u L N H + 'O a V^ O O O O O Lj O OWe S H c o H m H H VET v3' �•��-u 4 r u e v C H H o 9 c o Al H H 7> N N H n u y t O O v tl v H H In H N H N u N u 3 7- u= c O N pOO p G e N H v L• � L t0 L .0 y H H F 3 .o Ego N S c o m y V T.» Cz 1 0 RIU N .. o` H c u y ucr � � C1 Zo= a, �; v o u v ^+ v O ry Q Q O N vci p 0 q J v o _ ^� c r.i 3 [- F- No z ^Z °O '� _ Y 0O m u a0 u- - N 3 u- H '" c u. V u •` al e a e C =u L'r 0- r L G v� v> v .] rNf S-20 MIBIT K LO r .I.S S UJJ ; e Q e u _ u L u N Li N ' E.. � •C LIQ - .n 06 C v '' .•.. V— U O . O h L Ono � W L m '� -o H N N • 3 m y 00 a� •N � __ •� m v U v O v N N H O uU a m T p u o•�• w c6 o I+1LLI N C u C N N x w n� Op E^ V C O O Q U N U Cy�.G v-3 Z.m G N H H q y C L C > ` TQ Y _ NC=r L C.3: _ ._ N 7' 'T.— O O C O m Y O G c ON 0 0 N 0 H •> = U v •� •o Z R6 G N L o .nom. C u c C L u c`1O' 9 L 7 7` p m O O O G O E t cu= v CF c-a.— N N 4A n 00 o c•`o A e E S.p` o L r a m u a cL a O p c V . N N H � — � — � _ •�j C V n •�j c n cD O •^ vCi m H L 7 vCi L Q E li 7 H c � c C u LL1 C• N N c ._ CI'c C c r .: o L'I O_V O c is = � I Ns EI cN 4t•C a _ roe v C LnEG F m^A mO O Z-'.— NO C1cE ���'Nes � Q L p 7 00 � C •C N 00 R r c c V1 00 U '•f C C :n CO V Y C M Y t N� V� V •tj y L MIBIT K LO r C O O S N y H N N c; —I J CD y y H DO C C '' K R v _ o O O qrN O O S h pp O O .r t CI•= O H N ME V v O O O O O O a L N N N N N N H N P � C O� a Y L •� ,,,7 U ° p p m _ S $ O ujN C� y 6v N H H y y oAll 8 C S AQ R= u y> N N .... N = _ vi n O p c t i..l c y N H H N N ci N6q 64 N ±'.CD O C+ O O a O O ci N N N y N H d O S C O O C G O Cl O vL r H H y y � � C CA C `a uca O u u T .O G L C O u V 00 = q N-E G 7 •p r. v1 C a C �.. '.. v� a 72 -al �Ov e u v z, v N n a= c u CIE u VI» u e m u cr C R °ri 'CI-� >'u c3 Clmu ?'u as FTi F u nit 7 r. - N co ..a0—o— v0 w .�.. '0 A ri a v= u EXHIBIT K CD r EXHIBIT K r• r N N h h Y1 V1 N �1 O v'� N O N :C O O vNi vpi N — n m Co p O O O O O O O O O O O O O N N 00aQ O {j c H o H �n . H H — H �. H ? H N H N H VG'S H v01 H VP1 H H vOi H N C ti s 0 0 0 o c o 0 o 0 O 0 O 0 o 0q 0 0 0 0 0 0 0 vi o 0 0 0 N Vl N N h V1' N Vl O O Q N N h n h n N n n n n n n In n n n M n n C O _ es p - O N o r o m a o o e= ^ y p fl ri �� •� W, n m h e r� 4 N v r env W i _e N H H H H H H H H H H H H G a N v 3 < O u y u '^ c r�E n o o •0 0 0 0 0 0 0 o c o c o o o o g o c O - E 0 0 0 o c o 0 0 0 o c N Yi h yJ C iLu p H H H H N H f J H N H v1 H h H vl H v1 H V1 H H H H L U uie._: to -_ ow o c o a o ' a Q a v o oa .oCl a o E `o o u o c Y O •� N O n C e1 r — — — — N n p m OD v CI Q 3 Q H r H H H H H H H H H H H H H .4 co co e 0 0 o c c o 0 0 0 0 0 o g a a a: •T H H H H H H N N H H H H H H H N LCl .. LU.. Q G O O C C C O C C O O O O O O O C O CR L C F Q H H H H H H H H H H H H H H H O N O > O 1O P H H N _ Q v� • J7 H H H H H H H J O O u V O C O O O O O N H K H H H 4A H > v H H H LQ •` O C C p G O O O C C C O V y C O h G n O C C C O H O H C N G H C H C H C H O H C H O H Ul y L H H H H H O O O O O O O Go � '•'� V v C O O C �'! � r o o r N L•1 vi - o - - N n n 4 vi ui r .� N .� n Ynt u X U m O •� N n Q �n �O EXHIBIT K r• r EXHIBIT K m T I EXHIBIT K Q 0 0 N N N N N v1 H H H H N H O c h v O C O O 00 O O O - M _ M N N N Q m - 'j H H H H H N j I 0 0 0 e F o 0 0 0 0 0 .... N 4 N N N N VQ1 VO'1 �U_'. H H H H H H H H C .. .. ._.. .. �.. Q M f'•IC.. O O O O O O O O O O 64 M M M M PI M N C •G C -- V1 O N O O CO O O O •NIM Q N v O O O O Of ,p Ir N H 14 H H H H H C p a i :C Q O m C UL y =° 0 0 0 0 0 0 0 0 0 0 "U G z 00 C 1 LO .- N H N H N H N H v1 H N H Y1 H N H V1 H N H G N IO O •U apj o a o o e c „90 N s - 0 O O OC Y Y '- CI G b O va0i C% m m T ccN H bq .O O c' C Al, O O O O O O O O M> O O C O O C O O O O C/o Q 1+ Y Z p_ C O W v O. C, P. T O. O� Cn vr�Sv 3 H H H H H H H H H H z •i C L 0,C C C N N 7 O O C O O O O O O O O O O O O CoO O O w1 O O V1 a r Y � Y y M O C C C N M Y, M H N M H N M H V1 M H N M H Vf M H h M H . H M H H- O n i O O C C o L•` F c a v O T C c c O o O o O - r - N E H H H H H .D L'] _-i v U v p U G C C H O N O H O H O H O H O N O H O H O H > O O O O L•] t O C C O O O m •` C O 0 0 O O O Y C O C O C N N N V1 C H H H H N H H H C:l � t m Cl p O• O C o O O `u G N u CD Cl o a o 0 o 0 o 0 m •� ? 0 M N Q � ^ y X O EXHIBIT K �O � � 0 0 0 0 0 0 0 L] �..7 •C r: _ N H H N H N N H H _•+I O = v. v E e ._ y c a�'o• coi F- o a a a `E Fl _ v o o e a a o. ._ 00 m T rL C L = y ,C, ? y H M �O O a0 tyy e` _•+I O = v. v E e ._ y c a�'o• coi F- o a a a `E Fl _ v o o e a a o. ._ 00 m T rL C L = y ,C, ? y H M N H N H H V3 n L J 00 '_•' O O O O O O O O IY+ Q h h h Uy N h YI N N 0 4A N f1 H n1 H f�1 H P1 M 60 H O •� N N N N N Ovl r N h N y � vr` _U. .O v : H N N N N H N H H H y — N N N a a H M N H N in e u u u o 0 vi 0 vi 0 ..; 0 vi 0 vi 0 �r, 0 0 v; 0 vi 0 ori 0 -c. C�• N °i o < L > t N y H a E c N 1�/1 N y N e�� 0 0 0 0 0 0 o U vJ m dv H N H H H H h H N N EXHIBIT R O N tyy e` O = v. v E e ._ y c a�'o• coi o o a a a `E ppoi� m T rL C L = y ,C, ? y H M N H N H H H L 00 '_•' 0 0 0 0 Cl 0 0 •� N N N N N Ovl r N h N y � vr` _U. .O v : H N N N N H N H H H y 0 0 0 u u o 0 vi 0 vi 0 ..; 0 vi 0 vi 0 �r, 0 0 v; 0 vi 0 ori 0 -c. C�• N > t N y H H N 1�/1 N y N O O O O _ o ao w oC, 0 CD 0 0 o c CD (A N H H H N H L W V C C N h h 'r1 vt y O O O O w U L C C C O O C O N O N O Py O M1 o > .. N H H H N N H N H N V O O C O C O O O O � 00 O Q O O r h O O x + _ 8 pO O O O L IS O O O O m r N N Am C Y R Y V Z Y 1 eo W � EXHIBIT R O N ffiIBIT K N N 9 O C O • C N �^ C w o Q a y O O I FI'u C `o V •� ..EL C N s �C� a Cvv1 r H H F O FIC O u �_ •C 7 L u s >' O p p O O E u a E u { �C O C N Y C Y O O O p W V4 c E c o C w Y v O I O O O h O O O u v CI I H n H H t C O H H C p O O O O uq i I _ p p O o in u CL O .� O w O H N N C u v Y e -.0 O go N O+ O N O f�1 O H vL L:It C a H H H N coo E� L o 0 0 t-a��> o o p o vU ^�'v•= H N H H N I O ,c i7E I r G o 0 o p CD o a r Z L v O I o c c E o o H H H > tr A M H N C o u c r 0 i ' -• C C P L w O O C O O O > C cc w Z n V1GL n M H H N H x w C 0 O p O O O O u o o wi '^ N n H v L M N H n 7 O 7 N C 00 O �- L' G E u Q C V o '^ c C Q 0 r z '^ z IeI w o C O O0 b EO u u (J -10 y eS =caCL c o CC7 ., c = e c NHS �Oy eo r C < LZ I Q32E�u r� ic.` i W� i �O > uL w Li V w H C CI a C w t o E Z GI _^ a WZ Z �_ a C m 4 L d Of- v W ry L O v •O y r - r. C i 0 .N.. `�.r .0.. . ffiIBIT K N �� o 0 0 S .C...i < N _o H N N N _ N w.r FI o' H N O O O O O S � C O v i• -I U J H H H H H H IO slE o O 0 O 0 O 0 S C IR H m H H H e E 0 I = CD o o 4A fA In 64 m p K Y 9' C O O S S O O C '� R t J a a N a N a N L L• V l a a C � t CIC � O H N N N H H O v O O O O S O X C C Y1 N N V1 V�•1 N au T A H H H K H H o.•� Eoe ri�� c ns o $ 0 0 0 0 H N H U r�...Yi H h H alga CD 0 0 $ o C t Ool N r N m v 01=1 c CD In D`�CCo��Ep= .ur V A N .�.. O N N O r' N H N H M H 0 0 0 C. 0 v o c c 'O > L= N -Ru O O O O Q O4 N N T Q N 00 N N C\ Q N H x e7 O O O C O O C O p q n: N N C m vL O H O H O N H H H G mac u u mac- c OR -� tri ., o U u.C "din �.]z =r ua oao v0<r`��-O � Y u 2z 3 �- •M a - Q vr:�°:�e�- 6 `m i0 O C V1 c u o •� .� .� G C- N LO7 F ^ V O O` C C V Y C 0 O O U O U O V ,t p ��.• `^O-' .i v ri- v i A ; �_ V O v O^ O OffII^ 0�N O^ ;,-:,I v q VI > N h L ti Q x a a H E L y o< e < < < < e b �_ e E c N t y Y VQ v < GLQ NV NV.Oi QN.EC vQ vQ �Q vQ VQ EXHIBIT K N N I EXHIBIT K m N i� - N H J F E " I T Y E'_ -.. . $ E ° + ° o. Ii•' r1 c cl + � j� E wY.Ev�i" _ e v o r"a�a E uj m J e Y of �h 1114 O ° m u EI at N N N _ u N @ Y c E 3 3= m u o• o•^ c T � E u u _ H -u •�=v' OAF- u vv.E L 7 -2 o L 7 ^D .y. c=` T^°. L Y.'aC v .J A u z y N C F° H r4 C w ,.. C C n V 00 L C 7 c C w _E 7 " Y C L a> < e Y c u V VVI C ^ N v < e y Y Y L 1 W C C ° u ° tea= E 3s v: a �:O slE o oU oU EXHIBIT K m N � n u u � o e b•E ° O 0 a= u u u c ' e m u v o e u v E u u c C E E W O G •O 4 t'" •c c e = N> `oc0 EE u o •S u E u u E R y c u u C c _EE o Z C L •E = c e0U •E C N y C E Y g 0 rmn�ev!- E� W O - •^ � of 7 of •n E 2 7 m o` C C G �. C C V V T Y Y m C U > L C. L= V x 7 L O Y Ei V ,p .� u 'fl Q O •ta E to F c E y C c 0L -mo 3 Eo.` E o E o z"u�= H u > � Em.E E o f gypp` o v E P u u C cn •C '• C O m L u u N=Yf yC: M C e N m C D E x u � ` V• C. Y u � � u v G E C O O� C C € HJS ci > e0 2 ; c E u v- u> E 1O oc,c- u o c u E ,E u> .@m L c cr.- 10 L•m u_"a'=� 5 a E V 6L•, c c u u .> 07 R LY O O yL E> i •O •O •6 E OI C". C H C u u n pp Y .- u R C N �` O u O. E u c a o m s E= `u u R e• E u C 7 Y C N Y Y 00 LE E 6=�0 C IN ,W C� >L L_O R`�L _u p E Ya °c °c R> r g e V •6 e° N c° a 9 a o O R Y L' u N eTJ Y C N o m u Q 9 eTa Y > >+ V O. 'C E 9= r E E a E E a u� O R C O C a usr E �- 0 y Al Q N Q- EM BIT K N u u c o e b•E ° O 0 a= u u u c ' e m a e •E v � e u cf9 E W O G •O 4 t'" •c c e = N> `oc0 EE •S E E u 'c L cCa i O •C E u c _EE o Z C L •E = c •E C G _E N- E� W = L � C av a E u � N u f- a •c _O a'^ °Nc n v� NO cn N o � u •E Z E � Q to F c E y r u OL 7 -3 e X N Y L R= Y a u >`� e R c Q Y < ° = Ev o y 0 c a > E •E E V' N.0 E ; '°'- 'e o f gypp` o v E u O P u u C cn •C '• C O m L u u N=Yf yC: M C e N m C D E NM 0 y Al Q N Q- EM BIT K N c o e b•E ° O 0 a= u u u c ' e m a e •E v L _ a •n E W O G R C C t'" •c c e = N> `oc0 •S A R N i O •C A Yu_ C N W C V E I- E N ° N R- U C G u N- E� W = u >L v? - C av E O N L� f- a E aE° _O a'^ °Nc n v� NO .� E'a EQOu N E �._ t to F c E E cr. C'Ci r u OL 7 -3 e X N Y L R= Y a u >`� e R c Q Y < ° = Ev N Q L c> -• I > E •E E i e> a e CIE = ; '°'- 'e e> MIN; R y I V 7 U L" CI Rx L L Y Y Y 7 L O E u •- R m L u u __ 4 E• 10 E H R N s r N .fir = •E O b• o= 0 R ^ C. '' p e o r ��n. ` b -N. T N € HJS ci > e0 eCv veno O m v- 0 y Al Q N Q- EM BIT K N IN THE SUPREME COURT OF THE STATE OF OREGON In the Matter of the Amendment of the ) No. 99-108 Uniform Citations ) ORDER ADOPTING NEW UNIFORM CITATION FORMS AND RESCINDING EXISTING UNIFORM CITATION FORMS Pursuant to ORS 1.002, 1.525, 137.073, 153.033 (section 8, chapter 1051, Oregon Laws 1999), 153.045 (section 13, chapter 1051, Oregon Laws 1999), and 133.066 (section 57, chapter 1051, Oregon Laws 1999), the Supreme Court of the State of Oregon orders the following: The attached Uniform Citation (UC) Forms 1 through 10 are adopted for purposes of Uniform Citations required by and allowed to be used under the Oregon Revised Statutes (ORS) and are subject to the requirements and provisions of this order. (NOTE: The line numbering on the pages of the attached UC are not part of the UC as adopted, but is provided solely for purposes of making reference to the UC forms as set out in this document.) 2. Format, number, size and other matters related to printing of UC forms adooted under this order. The attached adopted UC forms are not intended as print -ready copies, but are adopted to establish spaces required to be on the forms, the relative location of those spaces, and the designations of those spaces as will allow capture of certain information and to establish the information the UC are intended to provide. Public entities or others authorized to use the UC are responsible for assuring the printing of and obtaining actual UC for their own use and, in such printing, to comply with the following: a. Number of oarts (conies, cages) of a citation. Each citation will have five parts. The parts will consist of the four parts described in ORS 153.045 (section 13, chapter 1051, Oregon Laws 1999) and one additional part. b. Front of citation parts. The front of each part will be identical to the front of each other part (see attached UC Form 1 for an example of the front of a part) except that the upper right-hand comer shall be labeled as follows: the label on the top or first part will be "complaint" or "citation" (depending upon the attached UC form that is adopted for that citation, see subsection 03" of this order below); the label on the second part will be "abstract" (for abstract of record); the label on the third part will be "police" (for "police record"); the label on the fourth part will be "officer notes"; and the label on the last or bottom copy will be "summons". C. Back of citation parts. The back of each of the citation parts required by this order will be a UC form as specified in subsection "3" of this order. If no form is designated for the back of a citation part in subsection "3," the part may be left blank or space to capture other information may be added as provided in paragraph "g" of this subsection . ffiIBIT L d. Size of a citation. A citation will be 8 inches long and 5 inches wide. f. Making adiustments. So long as the entity maintains the basic format, keeps the same language, places information with the same information groupings, and Provides places to capture the same information, nothing in this order limits the ability of the entity to modify, as it determines necessary, the size (including print and line size), spacing, placement of lettering within spaces or boxes on the citation form, and location of information on citation forms for its own use in order to: accommodate the printing of citations for use on computer or other printers, provide space for the capture of additional information as permitted under paragraph "2g" below, and make adjustments necessary to comply with the size requirement under paragraph 72d" above. In making any adjustment under this paragraph or otherwise in printing a citation, the entity responsible for the printing is also responsible to assure that any printing or adjustment is done in a manner that: does not render the information captured or to be captured unreadable because of size or for other reasons, and allows sufficient room to capture information the attached forms were designed to capture. It is suggested that any additional space that is generated through adjustments made by printers to accomplish more efficient use of space may be appropriately added to: UC Form 1 as additional space for officers to describe offenses charged, UC Form 6 as additional space in the judgment for a judge to describe the disposition (maybe in adding lines or space to the "probation/other" section), or as additional space for the terms of payment in the money judgment section. 9. Adding information. So long as the entity meets other requirements established by this order and by statute, the entity, as allowed by ORS 153.045(l) (section 13, chapter 1051, Oregon Laws 1999), may add spaces to capture or provide additional information in addition to that shown on the attached approved UC forms. The entity may make adjustments under paragraph T of this subsection' for such purposes. h. Relationship of orinting on front of citation part to printing on back of citation part. Citation parts may be printed with a legal, tum from front to back of each part or otherwise at the option of the entity. i. Requirements not established. Where this order or statute does not establish specific requirements for citation form, the entity has discretion as to the form. 3. The following describes the use and intent of the attached, adopted UC Forms 1-10 and where the forms are to be placed on the parts required by this order: a. UC Form 1. Attached UC Form 1, as permitted by ORS 153.045(2) and 133.066(5) (sections 13 and 15, chapter 1051, Oregon Laws 1999), combines forms for violations citations required by ORS 153.045 with those for a criminal citation issued with a complaint issued under ORS 133.066 and 133.069 (section 61, chapter 1051, Oregon'Laws 1999). It is the form to be used for the front of each page of all parts of the citation (see paragraphs "2a" and "2b" of this order) on all citations used for the purposes allowed by those statutes. The label in the E" BIT L upper right-hand comer of the first part of a citation using UC Form 1 (see paragraph "2b" above) will be "complaint". b. UC Form 2. Attached UC Form 2, as permitted under ORS 1.525(1)(d), is a special form for UC that is approved as convenient for enforcement officers who enforce the commercial vehicle/motor carrier laws of this state. All boxes and required information on UC Foran 2 shall be identical to that on UC Form 1 except that the citation shall be titled as shown on UC Form 2 and the "related information" and 'offenses" boxes shown on UC Form 1 are replaced with the boxes shown on UC Form 2. In all other respects, the citations using UC Form 2 will be identical to and usable for the same purposes as UC Form 1. UC Form 2 was designed to increase convenience in and allow capture of information useful in the enforcement of the commercial vehicle/motor carrier laws of this state. C. UC Form 3. Attached UC Form 3, as permitted under ORS 1.525(1)(d), is a special form for UC that is approved as convenient for enforcement officers who enforce the boating laws of this state. All boxes and required information on UC Form 3 shall be identical to that on UC Form 1 except that the citation shall be titled as shown on UC Form 3 and the "related information" and 'offenses" boxes shown on UC Form 1 are replaced with the boxes shown on UC Form 3. Except for use of UC Form 8 as described below, citations using UC Form 3, in all other respects, will be identical to and usable for the same purposes as UC Form 1. UC Form 3 was designed to increase convenience in and allow capture of information useful in the enforcement of the boating laws of this state. d. UC Form 4. Attached UC Form 4, as permitted under ORS 1.525(1)(d), is a special form for UC that is approved as convenient for enforcement officers who enforce the fish and wildlife laws of this state. All boxes and required information on UC Form 4 shall be identical to that on UC Form 1 except that the citation shall be titled as shown on UC Form 4 and the "related information" and "offenses" boxes shown on UC Form 1 are replaced with the boxes shown on UC Form 4. Except for use of UC Form 8 as described below, citations using UC Form 4, in all other respects, will be identical to and usable for the same purposes as UC Form 1. UC Form 4 was designed to increase convenience in and allow capture of information useful in the enforcement of the fish and wildlife laws of this state. e. UC Form 5. The attached approved UC Form 5 is for purposes of the criminal citation issued without a complaint under ORS 133.066 and 133.068 (sections 57 and 60, chapter 1051, Oregon Laws 1999). It is the form to be used for the front of each page of all parts of the citation (see paragraphs "2a" and "2b" of this order) on all citations used for the purposes allowed by those statutes. The label in the upper right-hand comer of the first part of a citation using UC Form 5 (see paragraph "2b" above) will be "citation". f. UC Form 6. The attached approved UC Form 6 is to be placed on the back of the "complaint/citation" and "abstract" parts (the first two parts of citations, see paragraph "2a" and "2b" above) of citations for all citations. EXHIBIT L g. UC Form 7. The attached approved UC Form 7 is to be placed on the back of the "officer notes" part of the citation (the back of the fourth part, see paragraph "2b" above) on all citations except when Form 8 is required. h. UC Form 8. The attached approved UC Form 8 is to be placed on the back of the "officer notes" part of the citation (the back of the fourth part, see paragraph "2b" above) on all citations when using UC Forms 3 or 4 on the front of the parts of the citations. UC Form 9. The attached approved UC Form 9 is to be placed on the back of the "summons" part of the citation (the back of the last or bottom part, see paragraph "2b" above) on all citations in all instances except when UC Form 10 is required. j. UC Form 10. The attached approved UC Form 10 is to be placed on the back of the "summons" part of the citation (the back of the last or bottom part, see paragraph "2b" above) on all citations in all instances when UC Form 5 is on the front part of the citation. 4. Rules related to use of UC. The following are requirements related to UC forms adopted by this order: a. No enforcement officer shall cite more offenses on a single citation than the number of spaces provided on the front of the citation to describe offenses cited or than the number of spaces provided on the back of the citation to create judgments for offenses cited on that citation, whichever is fewer. b. The "other" box designed on front of each citation part of all citation forms between the "offense" box and the box for the citing officer's signature has been made available for use strictly at the option of the citing officer to capture information related to the charges as that officer determines necessary. The information to be captured may include any or none of the following: the signature of the defendant where the citing officer determines such would be appropriate and the signature can be safely obtained; the names of witnesses; the names of persons served with the citation when a corporation is the defendant; the fact that the offense charged was committed in a safety corridor designated under and subject to the fine amounts set under section 5, chapter 1071, Oregon Laws 1999; information the agency of the citing officer is collecting for administrative purposes; any other information the citing officer determines may be appropriate to note on the citation. C. The place designed on the back of the "officer notes" part of all citations to allow capture of defendant fingerprints is to be used at the option of the citing officer. 5. References to statute contained in the attached approved UC forms and in this order are based on information available to this Court from the Oregon Legislative Counsel's office at the time this order was considered. Such statutory references may be adjusted or changed without further order of this Court to correct references where compilation of the sections of measures that became law out of the 1999 Regular Session of the Oregon EXHIBIT L ILI Legislative Assembly results in different ORS numbers than referenced in this order or in the attached adopted citations or where subsequent enactments of the Oregon Legislative Assembly make such adjustment or change appropriate. 6. Except as provided in subsection 9 of this order, this order, on January 1, 2000, rescinds all previously approved or adopted existing UC forms and requirements and procedures established in Supreme Court Orders (SCO) adopting or approving those forms, requirements or procedures, including those adopted or approved in Supreme Court Orders Nos 89-76, 91-107, and 93-110. 7. As of January 1, 2000, SCO 95-044 is rescinded and base fine amounts for violations cited on the citations will be those set according to the provisions of ORS 153.125 to 153.145 (sections 34 to 39, chapter 1051, Oregon Laws 1999). 8. UC forms approved by this order may be used as early as January 1, 2000, and must be used for citations issued on and after April 1, 2000. 9. As required under ORS 1.525(2), this Court approves continued use of UC forms currently approved by this Court until April 1, 2000. When using existing citation forms under this paragraph, citations on violations cited are to.be completed in a way to indicate that the person cited for the violation is to follow the procedures described on the citation for infractions. The references on existing citations to infractions will be deemed to be references to violations under chapter 1051, Oregon Laws 1999. The references on existing citations to "bail" amounts on the existing citations will be deemed references to base fine amounts under chapter 1051, Oregon Laws 1999. 10. Attached UC forms are not intended to create requirements for sufficiency of complaints, citations, abstracts, judgments, summons, a record or other records/documents statutorily authorized to be included as part of uniform citations; but to provide forms that can be used to comply with statutory requirements for these records/documents when used for offenses where use of a uniform citation is statutorily authorized. Some of the spaces provided on the UC forms may not be required to comply with statutory or other legal requirements for legal sufficiency of the citation/complaint/record/document, but were added to capture information appropriate to the administration involved in processing and tracking the offenses. The legal sufficiency of the information completed and spaces filled in on a specific citation/complaint/record/document on a citation is an issue of the statutory and other legal requirements for the citation/complaint/record/ document rather than an issue of the blanks or spaces created or provided on the UC forms adopted by this order. Dated this ! 7 ?1 day of December, 1999. Wallace P° Carsok Jr. J Chief Jusce =BIT L 1999 Oregon Uniform Citation (UCl Form 1 (rtehts(attrededo-bas) 1 OREGON UNIFORM CITATION AND COMPLAINT Us for All V'bldnu Of Cribs Who" SWUM Cw*mim Will Na Be Fded/ ORS 133.015 at 137.069 2 0 cmw4S)O VIOUTION(S) O Tragic a Oder a WWI (S. A an seek) OR (See s an Bad) a Baming 0 commercid Fubby 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 STATE OF OREGON Docker Noy OQicte(s) Agency M: Cif YJ07MPUBIJCBODY-------------- ) Coot ammocpai a!;;;--- COUNrYOF .............. ) 0Juvenile aGrait THE UNDERSIGNED CERTIFIES AND SAYS THAT THE FOLLOWING PERSON: 1.0MCW M No: ----------------- ----------------------=---------------------- Dem Imnd In OBns Siprue _ 2• O15ar M No: ID)ix sow TaLW: r Officer or armeng pram Casa of&a►: Slgtubn Prim ten: YOUR COURTAPPFARANCE DATE, TIME AND LOCATION ARE: MdDayiyar Tax. 1emm: Fuer(dem D PM bdriveSaes Zip Code: Det. in: a P—mm----------------- Rare: DOB- Haight Weight Heir. Eyb: - dAT THE FOLLOWING TIME AND PLACE IN THE ABOVE-MENTIONED STATE AND COUNTY: - :r Dee hlmdt Day Year Tuma CAM CPU a m a abwc O Higherq o O Prmoiem open b public M or near leudun INVOLVING THE FOLLOWING: .. _ . r - z Type: Rexio."m No Some 0 Aoddett O Injury a Propsty dsoage O Eadengs edten 0 _ Vehide year, make, modal, myte, mler, OR Odw. dombe: O Driver ea Reg 0~O Nae Mamrial a cemmmosi Vit DID THEN AND THERE COMMIT THE POLLOWING OFFENSE(S):- - Z 1 Vidrd Daaaibe Allged apd Deopubd Spd . O Poemd Urnit O Radar - H (eim ORS/ O VBR O Panw HORDhW*) OI v p OhumdsW Oknmveas Ors}Im OuimiW eeglipmer O No adpeble memad mor O Pod Salt L a Hey Wk la 1. am 0nr: —7 . . 3 Vblwd DanaiM . ((dm ORS! ORDhde) plmmdond O Y.nowind 0 Raddea O Criminal neogenn a No mWpable mmad mm J. Bas Ger - J. Yblmed Desribe (dm ORS - ORDhule) - aLnmisul O Xroieing a RwMw O Criminal negligmena O No a 1peble eestd 9011 3. B: bar - _- I an"- undo ORS 173.013 sed 133.990 and undo odw applie" Iw d leder pemalds btr bds eq, do e.bernam tale 1 OQicte(s) Agency M: b,m ee6Sdm9 pmm49 b and de heline do do ahewan�med dafmdanslpmam aat•sl 6, Am etSmmb) end I Jim moved on /daedimMon m rir d9i9 eapie't 1.0MCW M No: ----------------- ----------------------=---------------------- Dem Imnd In OBns Siprue _ 2• O15ar M No: Print I.OfBoar mane: ` r Officer or armeng pram Casa of&a►: Slgtubn Prim ten: YOUR COURTAPPFARANCE DATE, TIME AND LOCATION ARE: MdDayiyar Tax. 1emm: DAM D PM EXHIBIT L 2ViiA ►.8�������i���i���������i�i���'��'���'vu Vii142,i F4��ir&a�'�i�iQi�i F 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1999 Oregon Uniform Citation Form 5 (T"daa eaaddg-bys7 OREGON UNIFORM CRIN13NAL CITATION Ute for All Ciuble Crier Wham SWWM CenVWM WIN "Mm" Bum FJed ADRs 133 -oda 1A1� �1 sw Bed of Sammmao odw o w"we a Beatiag a Ca_ucw Fatima :J sst"c STATE OF OREGON ) Dockst10•_____________ CrryiaTHER PUBLIC BODY-------------- ) Care aMunietlel olu"da alwaela DCmart COUNTY OF -------------- ) 10 THE UNDERSIGNED CERTIFIES AND SAYS THATTHE FOLLOWING PERSON: Ir ID type ID No: sst"c Td No. ZName: Let Fra .. Adbva: L"Oat"a oEnPbrd Cb m b drive_ -- . - -, City: sate Zip Coda Dd b: o peeayr a �• Ro's DOB: Neigh) weight Nair Era -1 AT THE FOLLOWING TIME AND PLACE IN THE Agovr-MENTIONED STATE AND COUNTY: - .. ofrena,Due Month Day Yet Time oAMOPM ofighway a-------------- an or oban: o providesoPm b public i Nf At or raw Location: DID THEN AND THERE COMM THE FOLLOWING OFFENSE(S): O tin 1. Yblad Describe .... ... to (Cita ORS/ .0 ORMW.) H - -- a leentbnal o Kno.ing o Reeklet o Criminal ngligenee o No culpable mead natematter i Yaled Dual (Cie. ORS! ORDft") a Inunnumd a Kww g o Reckleo a Criminal negligana a No alpable aril rare - I. V•iolmd Doaibe .. . last ORS/ - ORDOrule) . o Lnunconal a Krwr ing a Medea" a CAA ind negligence a Na adpablt mand east Eapl. C 1 owfy and n.or/affum under aWiable Icer tbu I bave affriastn Ford" ao and do believe 60 the abwa•mamiceW Olrim(a) Agency M. dda dam/peaan contained the abtna dreaaa(e) and I bare end the ddmdea/psa m with the Edon: 1.OfTiar ID No: --------- ---------------------------------------------------------- r Officer M No him 1.Ofrar none: - Prim 2" Ofrww or mensung Iraon (If mr offies): siFuomt Prim Mae. Complaint of itforbatioa Nd a time o(udtation: o Ya a No BY: -YOUR COURT APPEARANCE DATE, TIME AND LOCATION ARE: Mdday/ywr Time: Loauoa: a AM a PM EXHIBIT L C, - 1 2 3 4 5 6 FA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 47 48 49 50 51 52 1999 Oreeon Uniform Citation WO Forth 6 Back of complaint/abstractpagesofALL citations. Ticket size needed 8- by 5 - RECORD AND: a Circuit Court Resister 13 Justice Court Docket 0 Municipal Court Docket HANDLED BY: 0 VIOLATIONS BUREAU BASED ON: 0 wxnmi suuassm O COURT 0 APPEARANCE DATE EVENTINOTFS -.INITIAL COMPLAINT FILM WRITTEN RESPONSE RECEIVED 1 AARAJGNFD am=. O VIOL O 161. S66 OR O 161.3" (reductim) SEXY RELEASE AT: S RECEIPT NO: COURT13URY TRIAL (O WAIVED) CRIMINAL RIGHTS GIVEN ATTORNEY: OSBY (o WAIVED) WARRANT ORDERED: ISSUED: DIVERSION AGREEMENT. CONTINUED TO: REASON: O ORS 133.3 SS CONDITIONAL PLEA The couched additiout m this rwardheyta are inmryorued by rdaamea ss page(s): O 1 (by --- j; O 2 (by- _ _ _) JUDGDIEA" T OF THE COURT isttamn AaSTRA[T Copy tnmFa OM i53 t t n OFF RESPONSEM EA CHANGE FINI NG DETERh@1AT10N OFFENSE CITE TYPf CLASS - 1 0 NG NC FTA G NG C A Dian V M IvM A B C D Oth 2 G NG NC FTA G NG C A Dian A B C D ON 7 GNGNCFTA TOTALS GNG CADism TOTAL AMOUNT TO PAY THAT IS NOT SUSPENDED (FROM OFFENSES. 1. Z AND 3) S ------------- TERMS OF PAYMENT: --------------------------------------------------------- ----------------------------------------------------------------------- O All money indudina tsaryad . money, became dae lamadiatelr tock ORS 133.090(1) if aetrapmdd maleyt Int paid in a®rdms with tams of paymmL The am *W dditimu o" MONEY *Wm ate inmrpmd by refamet. sat page(s): O I (by ---,, O 2 (by.... VM I ABCDOth IAD.w-.— a -n -..c - u art. -1 ------------- ---- t Alms? L4m apa ------ .--------------------------------------------------------------------- ProbationAOtha: 'I>,e• •AwA •AAn---.Ai. ---- —----------------------------- — MONEY IUDGMFNT OFFENSE 1 OFFFENSE 2 OFFiNSE 3 B;;------------------------------------ MONCY OBIJGAT2ON IMPOSE SUSPEND I.ROSE SUSPEND D.IPOSE SUSMm FINE COSTS 137.309 ASSESSMENT UNITARY ASSESSMENT RESTITUTION TOTALS TOTAL AMOUNT TO PAY THAT IS NOT SUSPENDED (FROM OFFENSES. 1. Z AND 3) S ------------- TERMS OF PAYMENT: --------------------------------------------------------- ----------------------------------------------------------------------- O All money indudina tsaryad . money, became dae lamadiatelr tock ORS 133.090(1) if aetrapmdd maleyt Int paid in a®rdms with tams of paymmL The am *W dditimu o" MONEY *Wm ate inmrpmd by refamet. sat page(s): O I (by ---,, O 2 (by.... )udVsmtCmdiwr.OSum ofOregon 0Other .................... Judgment Dbnr 0Ddadam cod ha-------------------- ----------- -------------- -� ------------------------�---- Dae Si d: O Jud O V'nWione Clm� whom albwad AMBIT L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1999 Oreton Uniform Citation (UC) Form 7. Ticket size needed 8" by 5". ISSUING OFFICER'S AFFIDAVIT I hereby depose and state the following: 1 swear/affirm to the above -stated facts ---------------------------------------------- Date Officer Signature 1D No. Subscribed and sworn to before me this------ day of--------------, 2 _____ -------------------------------- ClerkMotisy Public for Oregon My Commission expires_________________ Date ffiIBIT L Defendant Finger Print: DRDL DT D2 03.1 OS Defendant Finger Print: DRDL DT 02 0304 DS RELEVANT CONDITIONS: Traffic: O Light O Medium O Heavy Bad Road Surface: At Intersection: D Wet O Snow D lea D Controlled O Uncontrolled O DrwyJAlley Limited Visibility: Area: D Night O Rain D Snow O Fog O Business O School O Residential Other. 1 swear/affirm to the above -stated facts ---------------------------------------------- Date Officer Signature 1D No. Subscribed and sworn to before me this------ day of--------------, 2 _____ -------------------------------- ClerkMotisy Public for Oregon My Commission expires_________________ Date ffiIBIT L 1 1999 Orevn Uniform Citation (110 Form S. Ticket size heeded 8" by S". 2 3 ISSUING OFFICER'S AFFIDAVIT 4 1 hereby depose and state the following: 5 6 7 8 9 10 11 12 13 14 15 16 Defendant Finger Print: 01101. 17 aTo2 0304 os 18 19 20 Defendant Finger Print: aRoL 21 OTo2 0204 OS 22 23 24 WATER GENERAL CONDITIONS SITUATIONS 25 TRAFFIC O Person o Struck 26 o Light o Boat o Nearly struck 27 a Medium LOCALE VISIBILITY o Other a 28 D Heavy a Open t] Clear O Fog D Restricted a Dant o Rain 29 1 swear/affirm to the above -state facts 30 31 —ID—No.-------- 32 -- ate --------Offic---er---Signature----------------- D 33 Subscribed and sworn to before me this---- day of------------. 2 34 -------- --------------------- ClerkMotary Public for Oregon My Commission expires ---------------- Date 35 EXHIBIT L 6 7 8 10 11 12 13 14 15 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 63 64 65 66 67 68 69 70 71 1999 Oregon Uniform Citation N Foam 9, Back of summons copy of all uniform citation fonts exceptForm , ic" kit size nee e y A COMPLAINT ON TWS CITATION WILL BE FELED AGAINST YOU IN THE COURT INDICATED ON THE FRONT OF THIS SUMMONS READ CAREFULLY If the !tont of this tickei &bows you we charled with a A -CRIME YOU MUST APPEAR at the time modplace to by this nsinsoom. B. VIOLATION. You must do one (and only one) of the violadon options lined below. VIOLATION OPTIONS TO RESPOND TO VIOLATION(S) 01ARGED ON TInS SUMMONS. YOUR OrnONS ARE OPTION I PERSONALLY APPEAR at the court at the appearance time indicated to enter a plea OR before that time, to orally request a trial. You have a right to trial, and if you pTead not guilty when you appear, the court will set a date and time for trial. OmON 2 ENTER A PLEA OF GUILTY OR NO CONTEST by written appearsucts To choose this option doall the7o-Dowtag before the time this summons requires you to appear. I. Check AND initial one (and only one) of the following pleat: O I Plead GUILTY ______ (initial) O 1 Plead NO CONTEST ______ (initial) 2. Sign/date here: (signature), (dace AND 3. Deliver to the court this summons(see nonce T4"3e7ow� end attach a written statement explar) nm or in mitigation of the violation(s) charged (if your plea is GUILTY, the written statement is optional) AN 4. With this summons, send or take the court a cheek or money order for the full base fine amount as shown on this summons (S___________ indicate amount enclosed). IMPORTANT: Choosing this option makes a written appearance and waives your right to trial. Ifyou plead GUILTY, you agree to the penalties for your offense. If you plead NO CONTEST, you consent to an courtludgment based on your plea and statement and the officer's report. If eat finds you guilty, the court may keep all or part of the money you pay, but will return any left atter taking out the sanction amount. If you choose this option, the court will not fine you more without giving you notice to come to a hearing. OPTIONJI ENTER A PLEA OF NOT GUILTY by written appearance. To choose this option do all the following before the time this summons requires you to appear. I. Sign/date here: _ _ (signanne), _ (date). AND 2. Deliver to the court tstis summons by itse�IPor with s written request for tris! -(see notice '"be otty. IMPORTANT: Choosing this option makes a written request for hearing. The court will give you notice of the time and place when you MUST appear. The court may impose penalties if you do not appear at the timegiven in the notice. The court may require you to deposit money to assure your appearance if you have failed to appear on any offense charges in the past. OPTION 4 Contact the Court Clerk, before the time this summons requires you to appear, and determine if you qualify for a trial by affidavit under ORS 153.080. If so, the trial will be based upon swom, written statements and future court appearances may not be necessary. It is possible that you may not qualify for trial by affidavit or that the local court may not offer the option. In those cases, you must comply with one of the other options. NOTICE I. In any case, the court, AFTER NOTICE, MAY REQUIRE YOU TO APPEAR FOR A HEARING. 2. For traffic offenses, this record will be sent to the Licensing Authority of this state (or where you received your license to drive) to decide if a license suspension is appropriate. 3. For violations, if you are going to have an attorney represent you, you must notify the court and the prosecutor's office in advance. 4. YOU MAY MAIL WRITTEN APPEARANCES to the court under Violation Options 2 or 3 above. but the mail must arrive at the court before your appearance date shown on this summons. WARNING 1. IF YOU FAIL TO FOLLOW THESE INSTRUCTIONS, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST and/or, for traffic offenses, may order your license suspended. 2. For violations r'i you do not pay the full base fine in advance and do not appear, the coup, without further hearing, may enter a conviction and a judgment against you for more than the base fine and up to the maximum penalty allowed by law for the charged offense(s) including the maximum totes, assessments, restitution and other costs (which may be substantially more than the bass fine). MAIL CORRESPONDENCE OR WRITTEN APPEARANCE AND MAKE CHECKS PAYABLE TO: 72 E%HIBIT L e 1999 Oregon Uniform Citation (UC) Form 10, Back of summons copy of Form 5 4 5 You have been issued a citation for a crime as indicated on the 6 front of this summons. 7 8 READ CAREFULLY 9 10 This citation is not a complaint or an information. A I 1 complaint or an information may be filed and you will be 12 provided it copy thereof at the time of your first appearance. 13 You MUST appear in court at the time set in the citation. IF 14 YOU FAIL TO APPEAR AND A COMPLAINT OR 15 INFORMATION HAS BEEN FILED, THE COURT WILL 16 IMMEDIATELY ISSUE A WARRANT FOR YOUR 17 ARREST. 18 19 The date and time when and location where you must appear are 20 shown on the front of this summons. EXHIBIT L