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2000-117-Order No. 2000-047 Recorded 3/9/2000VOL: CJ2000 PAGE: 117 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2000-117 * Vol -Page Printed: 03/22/2000 13:34:11 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: Mat. 9, 2000; 1:22 p.m. Order (CJ) NUMBER OF PAGES: 2 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KIM CHER MAR 2 2 2000 C0'40 - /1-07 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Abandoning Tallwood Court X. o Local Improvement District within c ? 3 Deschutes County, Oregon o cn c ORDER NO. 2000-047 WHEREAS, on November 10, 1999, the Board of County Commissioners of Deschuourty, Oregon, initiated by Resolution 99-081, the improvement of a certain dedicated road knos Ilwood Court; and f WHEREAS, the resolution was referred to the Engineer for a feasibility report to investigate the maximum cost of improvement. The maximum cost of improvement has been prepared in accordance with Chapter 12.48.150 of the Deschutes County Code; and WHEREAS, a mail poll was conducted pursuant to Chapter 12.48.166 of the Deschutes County Code; and WHEREAS, the Engineer has filed a report, attached as Exhibit "A", on the results of the poll with the Board, pursuant to Chapter 12.48.170 of the Deschutes County Code, and WHEREAS, the proposed local improvement failed to received the minimum poll approval rate as required by Chapter 12.48.166(B) of the Deschutes County Code; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That, in accordance with 12.48.170(A) of the Deschutes County Code, the local improvement known as Tallwood Court is hereby declared abandoned and no new petition may be filed and no new resolution may be adopted for this improvement within a period of one year after the date of this order. Section 2. That the Road Department pursuant to Chapter 12.48.165 of the Deschutes County Code shall give written notice of the abandonment to all petitioners mailed to the addresses provided in the petition. DATED this day of , 2000. ATTEST: Recording Secretary 1 -Order 2000-047 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY. OREGON GEN, CHAIR TENNIS R. LUKE, COMMIS IONER r TOM DEWOLF, COMMI I NER Ll ;TES EXHIBIT "A" Road Department 61150 S.E. 27th St., Bend, OR 97702 (541) 388-6581 • FAX (541) 388-2719 TO: Board of County Commissioners FROM: Gary Judd, Traffic Engineer DATE: March 1, 2000 SUBJ: Tallwood Court LID BACKGROUND On November 10, 1999 the Board of County Commissioners formed the Tallwood Court LID and ordered the Road Department to investigate. The feasibility study found that this road improvement project was possible. The LID was then to property owners for a mail poll. MAIL POLL RESULTS Returned ballots for the mail poll were required to be post marked by no later than February 28, 1999. The results of the ballots received are: YES 3 ballots 30% NO 6 ballots 60% Did not vote 1 10% Deschutes County Code #12.48.166(B) states "To be eligible for further consideration by the board, a proposed improvement must receive, by the postmark deadline, a minimum poll approval rate of at least 60 percent of the owners of the land representing at least 60 percent of the total amount of the estimated assessment for the proposed local improvement." RECOMMENDATION Since there was less than 60% positive response by the property owners, the Road Department recommends that the Board of County Commissioners adopt a resolution to abandon the Tallwood Court Local Improvement District. If the BOCC decides to abandon this LID, no new petition for a LID can be filed for a one-year period. Quality Services Performed with Pride