2002-2-Order No. 2002-009 Recorded 1/4/2002REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS
MARY SUE PENHOLLOW, COUNTY CLERK
Q 7002.2
COMMISSIONERS JOURNAL 01/04/2002 02:59:34 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving a Petition for the Formation
of the Spring River Special Road District, * ORDER NO. 2002-009
Establishing the Name and Boundaries of the
Proposed District and Setting a Final Hearing
Date
WHEREAS, a petition proposing the formation of the Spring River Special Road District was
duly filed with the Board of County Commissioners of Deschutes County, Oregon ("Board"); and,
WHEREAS, an initial hearing on the proposed formation was duly noticed and held on January 3,
2002 for the Board to hear any objections thereto, and to determine whether, in accordance with the
Comprehensive Plan, applicable Land Conservation and Development Goals and the criteria prescribed
by ORS 199.462 and 198.805, the affected area would be benefited by the formation of a Special Road
District under ORS 371.305 to 371.360; and,
WHEREAS, after consideration of economic, demographic and sociological trends and
projections pertinent to the proposal, past and prospective physical developments of the land that would
directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the
proposed district formation, the Board believes that the area would be benefited by the formation of a
Special Road District under ORS 371.305 to 371.360;
WHEREAS, the proposed Spring River Special Road District, if formed, will have a permanent rate
limit for operating taxes of $0.94 per $1,000 assessed value that will raise an estimated $13,270 in operating
funds for the District in the 2002-2003 fiscal year which will require an election on the question of formation
and establishment of the permanent rate limit; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. That the petition for the formation of the Spring River Special Road District be
approved.
Section 2. That the name of the proposed county service district shall be the Spring River
Special Road District and the boundaries shall be as legally described in Exhibit "A" and depicted on the
map Exhibit "B," both exhibits being attached hereto and by this reference incorporated herein.
Section 3. That the proposed Spring River Special Road District, if formed, will have a permanent
rate limit for operating taxes of $0.94 per $1,000 assessed value that will raise an estimated $13,270 in
operating funds for the District in the 2002-2003 fiscal year.
Section 4. That the Spring River Special District shall be authorized to construct, maintain and
operate the service facilities set forth in ORS 371.305 to 371.360.
Page 1 of 2 ORDER 2002-009 (01/03/02)
S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-009 Spring River Sp Rd Dist - set final hearing.doc
Section 5. That the final hearing regarding formation of the service district shall be held at
10:00 a.m. on Wednesday, February 6, 2002 in the Deschutes County Administration Building Board
Hearing Room, 1130 NW Harriman, Bend, Deschutes County, Oregon.
Section 6. Notice of Hearing shall be given in substantially the form set forth in Exhibit "C,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be
published in The Bulletin on January 21 and 28, 2002, and posted on January 21, 2002, in three public
locations within the county as follows: One notice shall be posted on or near the doors of the meeting room
of the Board of County Commissioners; one notice upon any official bulletin board customarily used for the
purpose of posting public notices within the county; and one notice shall be posted upon any official public
bulletin board customarily used for the purpose of posting public notices within the proposed district.
Notices posted shall be for not less than five (5) consecutive days.
Section 7. That the proposed formation complies with the applicable land use criteria and the
Board adopts as is its findings relating to that criteria Exhibit "D," attached hereto and incorporated
herein by reference.
Section 8. At the time of the final hearing, the Board will enter its final order directing the County
Clerk to hold an election on the question of forming the proposed district and the establishment of a
permanent tax rate limit.
Dated this 3rd day of January, 2002
ATTEST(jk,,~ U,,
Recording Secretary
BOARD OF COUNTY C MMISSIONERS
TOM DEW LF, CHAIR
D IS R. LUKE, COMMISSIONER
4
MICHAEL M. DALY OMMISSIONER
Page 2 of 2 ORDER 2002-009 (01/03/02)
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EXHIBIT A
SPRING RIVER SPECIAL ROAD DISTRICT
The following described parcels lying within Section 1 of Township
20 South, Range 10 East of the Willamette Meridian, Deschutes
County, Oregon:
All of the parcels lying within the Southeast of the
Southwest % (SE SW '/4) of said Section 1,
EXCEPTING THEREFROM Lot 1, Block 6 of the plat of
"Spring River Acres No. 5" and lots 11 and 12, Block 5
of the plat of "Spring River Acres No. 3".
All of the parcels lying within the Northwest of the
Southeast'/ (NW'/ SE'/) of said Section 1.
All of the parcels lying within the Southwest '/4 of the
Southeast (SW '/4 SE '/4) of said Section 1,
EXCEPTING THEREFROM Lot 5, Block 4 of the plat of
"Spring River Acres No. 2".
The parcel of land described in that deed recorded on
May 28, 1982 in Volume 357 Page 590 of the Deed
Records of Deschutes County, Oregon.
The parcel of land described in that deed recorded on
July 5, 1991 in Volume 239 Page 640 of the Official
Records of Deschutes County, Oregon.
Page 1 of 1 - Exhibit "A" to Order 2002-009
SALegal\Special Districts\Spring River Special Road Dist\Documents\District Legal Description [Final Hearing].doc
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Exhibit
Exhibit C
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding the proposed formation of the Spring River Special
Road District will. be held on Wednesday, February 6, 2002, at 10 a.m.. in the
Board of County Commissioners' Hearing Room, 1130 NW Harriman Street,
Bend, Oregon.
The boundaries of the proposed district are as specified in Exhibit A, attached
hereto and by this reference incorporated herein.
The proposed formation shall be referred to as the "Spring River Special District."
The purpose of the proposed district is to provide road improvement and.
maintenance services for the inhabitants of the proposed district.
The proposed Spring River Special Road District, if formed, will have a
permanent rate limit for operating taxes of $0.94 per $1,000 assessed value which
will raise an estimated $1.3,270 in operating funds for the District in the 2002-
2003 fiscal year.
All interested persons may appear and be heard. Upon conclusion of this initial
hearing, the Board will enter its order setting a final. hearing.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with 48 hours notice.
Materials in alternate formats may be made available with 48 hours notice. To
arrange for these services, please contact Bonnie Baker at 541-388-6572. For
hearing impaired., call TDD 541-385-3203.
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY, OREGON
TOM DEWOLF, Chair
To be published in The Bulletin: January 21 and 28, 2002
To be posted: January 21, 2002
PAGE 1 or r - Exilr_nn, C To ORDINANCE No. 2002-009
S `.LEGAL`SPECIAL DISTRICTS\SI'R[N-G RIVER -SPECIAL ROAD DIST`.Dcx.-umENTS'SPRING RIVER FINAL HEARING NOTICE.DOC
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117 NW Lafayette Avenue • Bend, Oregon. • 97701-1925
(541) 388-6575 • FAX (541) 385-1764
http://www.co.deschutes.or.us/cdd/
DATE: December 11, 2001
/ 'N
Community Development Department
Planning Division • Building Safety Division • Environmental Health Division
MEMORANDUM
TO: Laurie Craghead, Assistant County Legal Counsel
FROM: . Paul Blikstad, Associate Planner
RE: Formation of Spring River Special Road District, Your file no. 16-413
The Deschutes County Comprehensive Plan, which is acknowledged to be in
compliance with the Statewide Planning Goals, encourages the formation of special
service districts to serve rural needs.
Under the Public Facilities and Services section of the County Comprehensive Plan, on
page 159-160, General Policies, is the following policy:
5. Deschutes County shall encourage the formation of special service
districts to serve rural needs rather than becoming involved with
serving those needs. The County will foster coordination and
mutual planning between the County, special districts, utility
companies and service corporations. This shall include common
trenching where appropriate.
It is clear that roads are an important aspect of rural development, as evidenced by the
lengthy chapter on transportation in the comprehensive plan. There are no specific
policies in the transportation element of the plan dealing with special road districts.
However, it is the planning division's belief that they are more effective than local
improvement districts. Staff finds that the proposed formation of the Spring River
Special Road District is consistent with the County Comprehensive Plan and Statewide
Planning Goals.
EXHIBIT D
Quality Services Performed with Pride