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
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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.
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