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2000-696-Order No. 2000-066 Recorded 6/1/2000VOL: CJ2000 PAGE: 696 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-696 * Vol -Page Printed: 06/06/2000 11:40:27 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: Jun. 1, 2000; 1:01 p.m. Order (CJ) NUMBER OF PAGES: 9 L v), - 0, - � 4271 - MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK MICROFILMED UN 13 J 2000 KE UNC ED 1 2000 CJ 2cPb.�6 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Order Declaring the Result of the May 16, 2000, Election on Formation of Sun Mountain Ranches Special Road District and Forming the District. ORDER NO. 2000-066 REVIEWED LEGAL COUNSEL_ OUNTY, - OREGON 00 JUN -1 PM 1:01 MARY SUL l 11 'ENHOLLO COUNTY CLERK WHEREAS, an election was held in Deschutes County, Oregon, on May 16, 2000, on the measure set forth in Exhibit 1 concerning the proposed Sun Mountain Ranches Special Road District; and WHEREAS, the Abstract of Votes at the election, set forth in Exhibit 2, shows that a majority of the votes cast were in favor of the measure; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That at the election held in Deschutes County, Oregon, on May 16, 2000, 56 electors voted YES and 15 electors voted NO on the measure captioned "To Form a Road District and Establish a Tax Rate Limit," set forth in Exhibit 1, attached hereto and by this reference incorporated herein, as evidenced by the Abstract of Votes, marked Exhibit 2, attached hereto and by this reference incorporated herein; that the turnout represented more than 50 percent of the electors registered in the proposed district and that the measure is declared to have passed. Section 2. That the district, to be known as the Sun Mountain Ranches Special Road District and as described and shown in Exhibits 3 and 4, is hereby declared to be formed. Section 3. The purpose of the District is to provide for the maintenance and improvement of roads within the boundaries of the District. Section 4. That a permanent rate limit of $3.65 per thousand dollars of assessed value for the Sun Mountain Ranches Special Road District for ad valorem taxes pursuant to Section 11, Article 11, Oregon Constitution, is hereby established. 1 - ORDER NO. 2000-066 (05/31/2000) Section 5. That certified copies of this order be filed with the Deschutes County Assessor and the Department of Revenue, as required by ORS 308.225. DATED this - day of May, 2000. ATTEST: lauku?f� Recording Secretary 2 - ORDER NO. 2000-066 (05/31/2000) BOARD OF COUNTY COMMISSIONERS OF D,EseHUTES CQU*Y, OREGON , Chair R. LUKE, Vice TOM DEWOLF, Commissioner OFFICIAL BIENNIAL PRIMARY NONPARTISAN BALLOT * DESCHUTES COUNTY, OREGON • MAY 16, 2000 'I'M D I ME I MF '11 (STATE MEASURES CONTINUED) 78 AMENDS CONSTITUTION: LENGTHENS PERIOD FOR VERIFYING SIGNATURES ON INITIATIVE AND REFERENDUM PETITIONS RESULT OF "YES" VOTE: "Yes" vote lengthens period for verifying initiative, refer- endum petition signatures O YES from 15 to �0 days. RESULT OF "NO" VOTE: "No;� vote retains curre "1514 y O NO period for i ��`ighar tures onYnit�a 4efoh SUMMARY: Am4nds7l7re n Je constitution nowo es •fete to determine wheth P a dura fie contains tp_� re 1 n r of qt fied voters' signat�i�� ecretary of State currently must do so within 15 days after the last day the petition may be filed. The measure would extend that period to 30 days after the last day the petition may be filed. The amendment becomes effective June 15, 2000, and applies to petitions filed on or after that date. ESTIMATE OF FINANCIAL IMPACT, No financial effect on state or local government expenditures or revenues. 79 AMENDS CONSTITUTION: INCREASES SIGNATURES REQUIRED TO PLACE INITIATIVE AMENDING CONSTITUTION ON BALLOT RESULT OF "YES" VOTE: "Yes" vote increases number O YES of signatures required to place initiative to amend con- st,tution on ballot. O NO RESULT OF "NO" VOTE: "No" vote rejects increasing signa- tures required to place initia- tive to amend constitution on ballot. SUMMARY: Amends constitution. Currently, ini- tiative to amend Oregon Constitution can be placed on the ballot by a petition signed by a number of qualified voters equal to 8 percent of the total number of votes cast for all candidates at last election for Governor. Measure increases number of signatures required to place Initiative to amend constitution on ballot to 12 percent of total number of votes cast for all candidates at last election for Governor. Applies to initi five submitted for vote aftoqmbet �Tj.01 tion. :y i!i1i<t C' s.A1 Jg- effect orrfBate ®v�rtll�f pAe�ditf.1s or enues. r�l� y [t"�, s_ ��1 le, offlb every two years in addi- verification costs. 80 AMENDS CONSTITUTION: AUTHORIZES USING FUEL TAX, VEHICLE FEES FOR INCREAS- ING HIGHWAY POLICING RESULT OF "YES" VOTE - "Yes" vote authorizes using fuel tax, motor vehicle fees for O YES increasing policing of high- way system. RESULT OF "NO" VOTE: "No" O NO vote rejects allowing fuel tax, vehicle fee use for increasing policing of highway system. SUMMARY. Amends Constitution. Currently con- stitution authorizes use of revenues from fuel tax and motor vehicle fees for: construction, recon- struction, improvement, repair, maintenance, op- eration, use of public highways, roads, streets, roadside rest areas; administration costs; high- way bond retirement; certain parks and recre- ation costs. Measure authorizes additional use of such revenues to increase policing of public highways, roads, streets, roadside rest areas by sworn law enforcement officers. Requires that such use increase police agency budgets to pro- vide service levels not previously authorized by budgets on measure's effective date. ESTIMATE OF FINANCIAL IMPACT: This mea- sure, alone, has no financial effect on state or local government expenditures or revenues. It allows the legislature to spend Highway Fund monies on additional highway patrol services. Local governments would also be authorized to spend road funds on additional patrol duties. D (STATE MEASURES CONTINUED) 81 AMENDS CONSTITUTION: ALLOWS LEGISLATURE TO LIMIT RECOVERY OF DAMAGES IN CIVIL ACTIONS RESULT OF "YES" VOTE: "Yes" vote adds constitutional provision allowing legislature O YES to limit recovery of damages In civil actions. '.?NO RESULT OF "NO" VOTE: "No" vote retains restrictions on legislature's authority to limit recovery actions. of damages in civil SU °;Writehds Constitution. Under the Or - ego stitution, the right to jury trial restricts the legislature's authority to limit recovery of some kinds of damages in some civil actions. This measure overrides that restriction by adding a new constitutional provision expressly allowing the legislature to Impose limits on damages that may be recovered in any civil action. ESTIMATE OF FINANCIAL IMPACT: This measure, alone, has no financial effect on state or local government expenditures or revenues. It allows the legislature to limit recovery of damages in civil actions. REFERENDUM ORDER BY PETITION OF THE PEOPLE 82 REPEALS TRUCK WEIGHT -PV MILE TAX; ESTABLISHE . AND INCREASES FUEL TAXE$Ra RESULT OF "YES Yes" vote repeals tr ck weight -mile tax; establishes diesel tax; increases gas tax, O YES registration fees. RESULT OF "NO" VOTE: "No" vote retains weight -mile high - NO way tax on trucks; rejects in- creasing gas tax, registration fees. SUMMARY. Currently, motor carriers pay high- way tax based on truck weight, miles driven. Measure repeals weight -mile tax. Establishes die- sel fuel tax (29 cents per gallon). Increases gaso- line tax by five cents to diesel tax rate. Raises vehicle registration fees. Additional revenue to be used primarily for road and bridge moderniza- tion, maintenance, and preservation. Requires li- censes for diesel fuel suppliers, distributors, oth- ers. Requires recordkeepmg, monthly tax reports by licensees. Authorizes transportation depart- ment to enforce requirements. Provides remedies for -violations, including fines, penalties, criminal pj ctions. Other provisions. k S,TIMATE OF FINANCIAL IMPACT. This measure ould increase gas tax revenues and expenditures an average of $140 million per year over five years. Of that increase $39 million per year is allocated to counties, $22.5 million per year to cities, and $78.5 million per year to the state. The measure also authorizes the sale of $600 million in bonds. Debt repayment, including in- terest, on those bonds is estimated to be $47 million per year for 15 years. The debt repayment, including interest, is included in the $78.5 mil- lion estimate of state expenditure stated above. DESCHUTES COUNTY 9-83 ADOPTION OF A HOME RULE CHARTER FOR DESCHUTES COUNTY QUESTION: Shall the proposed Deschutes County home rule charter be adopted? SUMMARY: The proposed charter was drafted by the Home Rule Charter Committee, appointed by county commissioners and state legislators to consider a home rule charter for county gov- ernment. The charter describes a structure and general operating procedures for Deschutes County government; it replaces state statute as the general source of authority for county gov- ernment. The nature of the full-time, three-member board of county commissioners is not changed, ex- cept commissioners elected after the 2000 elec- tion are elected as nonpartisan officials. The sheriff continues to be elected, but the elected offices of assessor, clerk, surveyor and treasurer are abolished at the end of the current incum- bents' terms. Those offices will thereafter be subject to appointment by the commissioners like other county department heads. Commis- sioners will hold one of their meetings each month in the evening. A committee appointed within three years of charter effective date will determine whether to propose additional changes to countygovernment. All future char- ter changes are subject to approval by county voters. Most charter provisions take effect on Septem- ber 1, 2000. i 01.4 SUN MOU N;AANCHES SPECIAL ROALI:DISTRICT 9-84 TO FORM A ROAD DISTRICT AND ESTABLISH TAX RATE LIMIT QUESTION: Shall a road district be formed and impose $3.65 per $1,000 assessed value as a permanent rate limit beginning 2000-2001? SUMMARY: This measure may be passed only at an election with at least a 50 percent voter turnout. A special road district would be established cov- ering the area within Sun Mountain Ranches subdivision. The name of the district would be the Sun Mountain Ranches Special Road Dis- trict. The purpose of the district would be to pro- vide for improvement and maintenance of roads within the district in accordance with ORS 371.305 to 371.360. If approved, this measure would authorize the district to tax properties within the district for road improvement and maintenance. The tax rate would be limited to $3.65 per $1,000 of as- sessed value. The district taxes would be im- posed starting with tax year 2000-2001. If this measure passes, a three-member board of com- missioners would be appointed by the Board of County Commissioners from amongst voters within the proposed district. O YES {w O NO .y { (Map of the proposed district will accompany the ballots.) VOTE BOTH SIDES o_inn Exhibit DESCHUTES COUNTY,OREGON BIENNIAL PRIMARY MAY 16,2000 1 - YES Selected Race 014 PRECINCT 14 melected Race .ACE TOTALS 9-84 FORM SUN MT RANCHES RD DISTRICT -• NO REG VOTES VOTERS CAST TURNOUT 1 DISTRICT REPORT Fuge 1 UV OV WI 93 71 76.3 % 56 15 0 0 0 93 71 76.3 Y 56 15 0 0 0 93 71 76.3 X 56 15 0 0 0 I, Mary Sue Penhollow, Deschutes County Clerk, do hereby certify that the votes recorded on this district report correctly summarize the tally of votes cast at the May 16, 2000 Biennial Primary Election for the formation of Sun Mountain Ranches Special Road District. Dated' uhiW It %&,ay May, 2000. . n NirX -.' u 10 De Chu perk Exhibit 2 EXHMIT A The proposed Sun Mountain Special Road District is situated within Sections 28 and 33 of Township 15 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon as depicted on Tax Assessor Plats 151133C, 151133B and 151128. The boundary description of the proposed district is as follows: Beginning at the SW corner of lot 5, block 4, Sun Mountain Ranches CS09952. The initial point as well as the point of beginning for Special Road District, thence S65059' 04"E across Central Street a total distance of 962.27 feet to an angle point corner of lot 7, block 7, thence S89041'52"E 382.20 feet to SE corner of lot 7, block 7. Thence N0009'20"W 2,300.33 feet along the East boundary of lots 1 through 7, block 7, and lots 3 through 8, block 8, to the NE corner of lot 3, block S. Thence 30 feet across East Street to the SW corner of Deed OR 141 page 55. Thence S89°44'29"E 1,275.66 feet to the SE corner of said parcel. Thence N0° 14'07"E 662.67 feet to the NE corner of lot 4, block 2, Sun Mountain Ranches First Addition CS09953. Thence N8904939"W 1,274.41 feet to the NW corner of lot 5, block 2. Thence M*09'20"W 669.24 feet to the SW corner of lot 8, block 2. Thence N89°41'47"E 1,273.41 feet to the SE corner of lot 1, block 2. Thence M014'13"W 676.38 feet to the NE corner of lot 4, block 1. Thence S89032'15"W 1,272.31 feet to the NW corner of lot 5, block 1. Thence N0009'20"W 675.04 feet to the SW corner of lot 8, block 1. Thence N89012'32"E 1,270.73 feet to the SE corner of lotl, block 1. Thence N0014'13"W 298.19 feet to the NE corner of lot 1, block 1. Thence N21010'58"W 40 feet across Fourth venue to the SE corner of parcel 3 of Deed OR 368 page 458. Thence N21010'58"W 593.40 feet to the NE corner of parcel 3, thence due West 363.25 feet to the NW corner of parcel 3, thence N0007'45"E 96.79 feet to the NE corner of parcel 2 of Deed OR 225 page 544. Thence S89014'50"W 657.33 feet to the NW corner of parcel 2. Thence N0001'47"W 629.22 feet to the NE corner of Deed OR 105 page 1828. Thence S89°28'31 "W 659.43 feet to the NW corner of said parcel. Thence S0° 15'00"E 788.09 feet to the NE corner of parcel 1 of Deed OR 396 page 972. Thence N64°33'07"W 729.80 feet to the NW corner of parcel 1. Thence S0025'41"E 822.58 feet to SW corner of said parcel. Thence 30 feet across Fourth Avenue to the NW corner of lot 1, block 1 of Sun Mountain Ranches CS09952. Thence S0°03' 18"E 4,881.93 feet along the West boundary of lots 1 through 8 of block 1, lots 1 through 8 of block 2, lots 1 through 8 of block 2, lots 1 through 8 of block 3, and lots 1 through 5 of block 4 to the SW corner of lot 5, block 4, the point of beginning. Page 6 of 6 Peatiammiu 5seP99 Exhibit 3 Sul, (Mountain Special Roact ')istrm tz EST TES ut, I TC- x Plat 151128 ,,,,.IiOR 105 pg 1828, OR 225 OR OR 396 8 pg 972 368 pg 544 3 45M ................... Ilk Taxi lat O�v�ti� 151�. ;Pz3lr 336...._... .-3RD-AVE.- ,�ati� -jv w6 -------------- OR 1411 Pq 55 Lot 5 ..Blk 4 Lot 7 A.B1 Blk 7 1 PLA -1 IMINI do "IN%MIPW"dmIovdhmdjFAIdM fwfr6w Iftan , %. ., Section line Created: 'Wow. Parcel Line September 7, 1999 11 11wow 10, * 1. Spec. Road District -,.F: P.- c:Wata%amvievAroacfdepPAdWainvWMsurvey 0 400 800 Feet linch ve 600 Feet N W+ B S DESCHUTES COUNTY ROAD DEPARTMENT GIs WMION JAIM"Im" Exhibit q - I 0 11 61 414 Nf A f I Exhibit --4-z elm ..._, -- - at 11 it 40" egg A m M M wry �+�.�• Exhibit l:l-- 9 i"vvV� -9.Ww IY flwliviY1V Exhibit