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2002-150-Order No. 2002-033 Recorded 3/8/2002REVIEWED MARYHSUESPECOUNTY OFFICIAL NHOLLOW, COUNTYRCLERKS 0 2002'150 COMMISSIONERS' JOURNAL 03/08/2002 08;14;53 AM LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Forming the Sunriver Service District, Establishing the Name and Ordering that a * ORDER NO. 2002-033 Measure to Form the District and Authorize a Permanent Rate Limit for Operating Taxes be Placed on the May 21, 2002 Primary Election Ballot WHEREAS, pursuant to ORS 198.810 (1), the Board of County Commissioners of Deschutes County, Oregon (Board") approved the formation of the Sunriver Service District ("District") on January 9, 2002 in Order No. 2002-008 which was subsequently replaced on January 23, 2002 by Order No. 2202-024 which is incorporated by reference herein; and, WHEREAS, at the February 13, 2002 hearing, a proposed revised budget approved by the board of the Sunriver Owners' Association board was submitted by the General Manager that provided evidence of the ability of the proposed district to remain financially viable with a permanent rate limit of $3.45 per $1000 assessed value as opposed to the originally proposed $3.95 per $1000 assessed value. Thus, the Board of County Commissioners finds that a permanent tax rate limit of $3.45 per $1000 assessed value is sufficient to assure adequate revenue to operate the District; and, WHEREAS, the Board of County Commissioners shall be the District Board if the District formation and permanent rate limit is approved by the qualified electors in the proposed district; and, WHEREAS, ORS 198.810 (3)(a) requires an election be held on the question of forming the District and setting a permanent rate limit and the May 21, 2002, primary election is the first available election; and, WHEREAS, a Notice of District Measure Election and Explanatory Statement for County Voters' Pamphlet must be sent to the Deschutes County Clerk no later than March 21, 2002; and, WHEREAS, pursuant to ORS 198.820 (3), the Board must order the County Clerk to include a map of the proposed district with the ballot; and, WHEREAS, ORS 198.815 (1) requires the Board to cause notice of the election to be published by two insertions; now, therefore, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Sunriver Service District is hereby declared to be formed subject to the approval of the electors in the proposed district in the May 21, 2002 primary election. Section 2. The name of the district shall be the Sunriver Service 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. Page 1 of 2 ORDER 2002-033 (02/13/02) SALegal\Special Districts\Sunriver CSD\Order 2002-033 Smviver CSD [setting election].doc Section 3. That the proposed Sunriver Service District, if formed, will have a permanent rate limit for operating taxes of $3.45 per $1,000 assessed value that will raise an estimated $3,734,000 in operating funds for the District in the 2002-2003 fiscal year. Section 4. That the Sunriver Service District shall be authorized to provide the services set forth in ORS 451.010 (3)(a), fire prevention and protection; 451.010 (3)(b), security services by contract; 451.010 (3)(c) law enforcement services; and 451.010 (3)(f), which includes ORS 451.010 (1)0), emergency medical services, including ambulance services; and to maintain, construct and operate the related facilities. Section 5. The Sunriver Service District governing board shall be the Board of Commissioners of Deschutes County. Section 6. In accordance with ORS 198.810 (3)(a), the issue of forming the Sunriver Service District and authorizing the permanent rate limit for operating taxies shall be referred to the qualified electors of Deschutes County at the May 21, 2002, primary election for approval or rejection. Section 7. The Deschutes County Clerk is hereby directed to place this matter on the May 21, 2002, primary election ballot. Section 8. No later than March 21, 2002, the Notice of County Measure Election and Explanatory Statement, in substantially the form set forth in Exhibit "C" and area Map as set forth in Exhibit "B," attached hereto and by reference incorporated herein, shall be submitted to the Deschutes County Clerk who shall cause the Map in Exhibit "B" to be included with the ballot for the election. Section 9. Published notice of the election shall be given in substantially the form set forth in Exhibit "D," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on April 6 and 20, 2002. Dated this 13th day of February, 2002 ATTES Recording Secretary BOARD OF COUNTY COMMISSIONERS NVV-- D//V - TOM EW LF, CH Cde~ DENNIS R. LUKE, COMMISSIONER MI 1AEL M. DALY, MMISSIONER Page 2 of 2 ORDER 2002-033 (02/13/02) SALegal\Special Districts\Sunriver CSD\Order 2002-033 Sunriver CSD [setting election].doc EXHIBIT A THE BOUNDARY OF THE PROPOSED SUNRIVER SERVICE DISTRICT PROPERTY DESCRIPTION Beginning at the southeast corner of Section 20 in Township 19 South and Range 11 East of the Willamette Meridian in Deschutes County, Oregon; and running thence North 00'31'51" West a distance of 2648.54 feet to the northeast corner of the southeast quarter of said Section 20; thence South 89'46'03" West 4268.88 feet along the centerline of said Section 20 to a Witness Point on the right bank of the Deschutes River; thence South 89"46'03" West along said centerline 135.77 feet to the centerline of the Deschutes River; thence South 13'30'00" East along said river centerline 135.73 feet; thence South 23'48'21 " West 185.81 feet; thence South 36'33'59" West 226.60 feet; thence South 08'59'25" East 159.97 feet; thence South 50'06'59" East 467.85 feet; thence South 04'50'12" East 130.47 feet; thence South 25'11'20" West 1005.63 feet; thence South 196.00 feet; thence South 24'31'04" East 513.28 feet; thence South 31'08'40" West 380.90 feet; thence South 37"21'57" West 620.49 feet; thence South 59'03'02" West 326.88 feet to the East line of the northeast quarter of Section 30 in said Township and Range; thence leaving said river centerline, South 00'01'28" West along said East line 390.00 feet to the centerline of the Deschutes river; thence North 69'43'31 " East along said river centerline 361.48 feet; thence East 370.00 feet; thence South 20'50'30" East 399.12 feet; thence South 21'52'07" West 158.40 feet; thence South 56'49'17" West 946.84 feet to the East line of the northeast quarter of said Section 30; thence leaving said river centerline, South 00'01'28" West along said East line 374.64 feet to the southeast corner of said northeast quarter of said Section 30; thence South 89'46'01" West 323.71 feet along the centerline of said Section 30 to the centerline of the Deschutes River; thence South 41'57'01" West along said river centerline 508.10 feet; thence South 29'03'17" West 267.69 feet; thence South 43'04'49" West 253.29 feet; thence North 72'00'25" West 246.03 feet; thence North 49'53'57" West 248.40 feet; thence West 150.00 feet; thence South 54'17'36" West 197.04 feet; thence South 23'11'55" West 114.24 feet; thence South 09'07'18" West 359.55 feet; thence South 39'05'02" East 843.83 feet; thence South 01'44'09" East 330.15 feet; thence South 16'41'57" West 313.21 feet; thence South 28'53'12" West 331.21 feet; thence South 01'57'09" West 440.26 feet; thence South 21'52'45" East 684.29 feet; thence South 02'51'45" West 600.75 feet; thence South 40'25'34" West 354.68 feet; thence South 83'50'09" West 251.45 feet; thence North 41'12'17" West 288.43 feet; thence North 12'56'23" West 468.91 feet; thence North 57'09'18" West 282.10 feet; thence North 82'20'00" West 262.35 feet; thence South 86'38'45" West 254.83 feet; thence South 50'22'28" West 1569.18 feet; thence South 37'31'09" West 353.02 feet; thence South 32'39'39" West 463.25 feet; thence South 22'53'26" West 488.47 feet; thence South 420.00 feet; thence South 35'20'24" East 240.00 feet; thence South 73'42'55" East 188.30 feet; thence North 78'01'26" East 210.00 feet; thence North 66'41'42" East 707.74 feet; thence South 76'13'06" East 272.86 feet; thence South 51'57'23" East 704.76 feet; thence South 19'44'49" East 207.18 feet; thence south 40'14'11" West 340.59 feet; thence South 66'54'54" West 331.55 feet; thence West 500.00 feet; thence North 64'17'24" West 300.00 feet; thence North 43'00'00" West 91.67 feet to the East line of Government Lot 4 in Section 31 in said Township and Range: thence leaving said river centerline South 00'06'05" West along said East line 633.92 feet to the centerline of the Deschutes River; thence South 77'43'00" East along said river centerline 85.91 feet; thence South 36'19'37" East 211.00 feet; thence South 150.00 feet; thence South 40'22'29" West 310.64 feet to the East line of Government Lot 4, Section 6 in Township 20 South and Range 11 East of the Willamette Meridian in Deschutes County, Oregon; thence leaving said river centerline, South 01'03'42" East 874.86 feet to the southeast corner of said Government Lot 4; thence South 88'07'39" West 625.32 feet along the South line of said Government Lot 4 to the centerline of the Deschutes River; thence along said river centerline, South 220.21 feet; thence South 36'38'03" East 729.01 feet; thence South 34'24'46" East 615.77 feet; thence South 15'12'29" East 320.21 feet; thence South 06'07'50" West 271.55 feet; thence South 33'33'14" West 466.78 feet; thence South 22'09'35" West 296.93 feet; thence South 04'37'27" West 272.89 feet; thence South 06'12'03" East 453.65 feet; thence South 25'10'40" East 258.57 feet; thence South 56'06'15" East 231.31 feet; thence South 82'49'15" East 264.07 feet; thence North 74'19'27" East 262.77 feet; thence North 70'26'39" East 567.71 feet; thence North 80'37'52" East 220.99 feet; thence South 82'57'15" East 896.77 feet; thence South 45'32'01" East 243.85 feet; thence South 200.00 feet to the South line of the southeast quarter of said Section 6, thence North 87'59'18" East along said south line 1597.40 feet to the southeast corner of said Section 6; thence North 89'53'50" East 2564.43 feet to the southwest corner of the southeast quarter of Section 5; thence North 89'35'40" East along the South line of said southeast quarter a distance of 1748.66 feet to the westerly right-of-way of the Burlington Northern Railroad; thence along said westerly right-of-way as follows; thence North 04'55'15" West 1321.10 feet to the North line of the southeast quarter of said southeast quarter of Section 5; thence South 89'42'01 " West along said North line 25.08 feet: thence North 04'55'15" West 413.27 feet; thence North 85'04'44" East 25.00 feet; thence North 04'55'15"West 1693.70 feet; thence along a spiral curve to the right, the chord of which bears North 04'00'52" West 182.34 feet: thence 905.39 feet along the arc of a 1960.00 foot radius curve right (the long chord of which bears. North 11'00'45" East 897.36 feet); thence along a spiral curve to the right, the chord of which bears North 26'02'21" East 182.34 feet; thence North 26'56'45" East 665.22 feet to the South line of the southeast quarter of Section 32 in Township 19 South and Range II East; thence South 89'10'08" West 28.26 feet along said South line. Thence North 26'56'45" East 1375.53 feet to the East line of said southeast quarter; thence South 00"14'53" East 54.70 feet along said East line; thence North26'56'45" East 401.07 feet; thence along a spiral curve to the right of Page 1 of 2 - Exhibit "A" to Order No. 2002-033 (02/13/02) SALegal\Special Districts\Sunriver CSD\Sunriver Exhibit A to Order 2002-033.doc the chord of which bears North 27'20'54" East 121.05 feet; thence 654.54 feet along the arc of a 2914.67 foot radius curve right (The long chord of which bears North 34'34'45" East 653.16 feet); thence along a spiral curve right; the chord of which bears North 41'48'36" East 121.05 feet; thence North 42',12'45" East 1401.80 feet; thence along a spiral curve to the left; the chord of which bears North 41'48'48" East 118.95 feet; thence 1137.30 feet along the arc of a 2814.79 foot radius curve left (the long chord of which bears North 29'26'15" East 1129.58 feet): thence along a spiral curve to the left, the chord of which bears North 17'03'44" East 118.95 feet; thence North 16'39'45" East 4037.50 feet; thence leaving said westerly right-of-way North 06'58'29" East 116.67 feet; thence 531.86 feet along the arc of a 650.00 foot radius curve left (the long chord of which bears North 16'33'44" West 517.14 feet); thence North 40'00'11" West 216.67 feet; thence North 46'46'00" West 132.60 feet to the South line of the northwest quarter of the northeast quarter of Section 28 in last said Township and Range; thence South 89'30'48" West 450.68 feet to the southwest corner of said northwest quarter of the northeast quarter; thence South 89"30'48" West 2670.44 feet to the southwest corner of the northwest quarter of the northwest quarter of said Section 28; thence North 00'52'26" East 1324.16 feet to the place of beginning. Excepting therefrom that portion of the above described tract lying South and East of the northerly right-of-way of Spring River Road and South Century Drive. Page 2 of 2 - Exhibit "A" to Order No. 2002-033 (02/13/02) SALegal\Special Districts\Sunriver CSD\Sunriver Exhibit A to Order 2002-033.doc PROPOSED FORMATION OF SUNRIVER SERVICE DISTRICT 24/ 19 25 30 36 T19S T20S DR 33 N Service District Railroad Township Line 0.25 0 0.25 0.5 0.75 Wes / Roads / A Page 1 of 1 - Exhibit "B" to ORDER No. 2002-033 (02-13-02) 803 NOTICE OF DISTRICT MEASURE ELECTION ORS 250.035 REV 8/ /00 ORS 250.041 ORS 255.145 ORS 255.345 Sunriver Service District (Name of District) Notice is hereby given that on May 21, 2002 (Date of Election) A measure election will be held in Deschutes County, Oregon. (Name of County or Counties) The following shall be the ballot title of the measure to be submitted to the district's voters on this date: CAPTION (10 Words) TO FORM COUNTY SERVICE DISTRICT and ESTABLISH TAX RATE LIMIT QUESTION (20 Words) Shall County Service District be formed and impose $3.45 per $1,000 assessed value as permanent rate limit beginning 2002-2003? SUMMARY (175 Words) This measure may be passed only at an election with at least a 50 percent voter turnout. A county service district would be established covering the Sunriver Resort area. The name of the district would be the Sunriver Service District. The purpose of the district would be to provide the services set forth in ORS 451.010 (3)(a), fire prevention and protection; 451.010 (3)(b), security services by contract; 451.010 (3)(c) law enforcement services; and 451.010 (3)(f), which includes ORS 451.010 (1)0), emergency medical services, including ambulance services; and to maintain, construct and operate the related facilities. If approved, this measure would authorize the district to tax properties within the district for the above listed services at a maximum permanent tax limit of $3.45 per $1000 assessed value. The district taxes would be imposed starting with tax year 2002-2003. If this measure passes, the Board of County Commissioners will be the governing board of the district. (Map of the proposed district will accompany the ballots.) The following authorized district official hereby certifies the above ballot title is true and complete. Signature of authorized district official (not required to be notarized) Date signed Chair, Board of County TOM DEWOLF Commissioners Printed name of authorized district official Title Page 1 of 2 - Exhibit "C" to ORDER No.2002-033 (02/13/02) S:\Legal\Special Districts\Sumiver CSD\Notice of District Measture Election[Sunriver].doc EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2002) Ballot Title Caption: SUNRIVER SERVICE DISTRICT - TO FORM COUNTY SERVICE DISTRICT and ESTABLISH TAX RATE LIMIT Measure Number: Word Total (500 Maximum): 169 The Deschutes County Board of County Commissioners (Board) initiated the formation of the Sunriver Service District at the request of Sunriver Owners Association (SROA). The purpose of the district is to provide fire prevention and protection, security services by contract, law enforcement services, and emergency medical services in Sunriver. The SROA will cease providing these services when the Sunriver Service District begins providing the services. The Board may contract with the SROA for the administration of the district. The Board will be the governing body for the district. The Sunriver Service District need not levy the full amount of the permanent tax rate in any given year. The Board will determine the amount to levy each year based upon the annual budget approved each year by the Sunriver Service District Budget Committee consisting of the Board and three electors from the district. The Budget Committee and Sunriver Service District meetings are open to the public. The estimated first year ad valorem tax levy is $2.98 per $1000 assessed value. (Typed) Tom DeWolf. Chair Board of County Commissioners (Signed)X Name of the Governing Body person represents Clerk/ele/ele/forms/voter pamph exp stmt (1/2002) Page 2 of 2 - Exhibit "C" to ORDER 2002-033 NOTICE OF ELECTION ON FORMATION AND RATE LIMIT SUNRIVER SERVICE DISTRICT Pursuant to ORS 198.815 (1), the Board of County Comissioners for Deschutes County hereby gives notice that on May 21, 2002, and election will be held within the boundaries of the proposed Sunriver Service District on whether to approve formation of the district and a rate limit of $.94 per $1,000 assessed value for operating taxes. The purpose of the district will be to to provide fire prevention and protection; security services by contract; law enforcement services; and emergency medical services, including ambulance services. All persons registered to vote within theboundaries of the proposed district are eligible to vote on this measure. The proposed district includes territory within the Sunriver Resort area located off Vandevert Road off Highway 97 between Bend and La Pine. The boundaries of the district will be shown on a map in the voter's pamplet received by voters with the boundaries of the proposed district. A map of the proposed district is also available from the office of the Deschutes County Clerk. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair Page 1 - EXHIBIT "D" to ORDER 2002-033 (02/13/02) SALegal\Special Districts\Sunriver CSD\Election Notice [Sunriverl.doc