2001-85-Order No. 2001-018 Recorded 2/15/2001VOL: CJ2001
PAGE: 85
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-85 * Vol -Page Printed: 02/28/2001 09:00:54
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. 15, 2001; 8:10 a.m.
Order (CJ)
NUMBER OF PAGES: 3
MARY SUE PENHOLLOW K ,NCH C
DESCHUTES COUNTY CLERK
tACROFIL F 2001
MAR 2
cval REVINED
L2. WUNSFIL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning 97th Street
Local Improvement District within
Deschutes County, Oregon
ORDER NO. 2001-018
07 FEB 15 PM 8: 10
1'111 �Y .JVL ��i- i_1 �.i: LlJ it
_COUNTY CLERK
WHEREAS, on October 25, 2000, the Board of County Commissioners of Deschutes County,
Oregon, initiated by Resolution 2000-077, the improvement of certain dedicated roads known as all of
941h Street and 97th Street located in the First Addition to Whispering Pines Estates Subdivision; and
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 971h Street L.I.D. 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 II I day of _2001.
BOARD F COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OFIEGON
TOM DE F, CHAIR v
ATTEST:
DENNIS R. LUKE, COMMV"'o IONER
Recording Secretary /,-2j, i '/ i4V ..
MICHAML M. bALY; COMISSIONER
1 - Order 2001-018
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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: February 5, 2001
SUBJ: 97th Street LID
BACKGROUND
On October 25, 2000 the Board of County Commissioners formed the 97th Street Local
Improvement District (LID) and ordered the Road Department to investigate if the project
was feasible. The feasibility study found that this road improvement project was
possible. The LID was then referred to the 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
January 31, 2001. The results of the ballots received are:
YES 15 ballots 24%
NO 33 ballots 53%
Did not vote 14 23%
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 97th Street 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