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2002-152-Order No. 2002-036 Recorded 3/8/2002REVIEWED MARYDESCHSUEUTESPENHOLLOWCOUNTY COUNTYRCLERKS Q 2002'1J2 COMMISSIONERS' JOURNAL 03/08/2002 08;15:21 AM LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving Notice of District Measure Election and Explanatory Statement for the * ORDER NO. 2002-036 Spring River Special Road District for the May 21, 2002 Primary Election Ballot and Ordering Publication Notice WHEREAS, on February 6, 2002, in Order 2002-025, the Board of County Commissioners of Deschutes County, Oregon (Board") declared the formation of the Spring River Special Road District ("District") and ordered the issue of formation and permanent rate limit be placed on the May 21, 2002, primary election ballot; 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, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Notice of District Measure Election and Explanatory Statement for County Voters' Pamphlet attached as Exhibits "A," which are incorporated by reference herein, shall be sent to the Deschutes County Clerk forthwith. Section 2. The Deschutes County Clerk shall include with the ballot for the proposed formation of the Spring River Special Road District the map attached as Exhibit "B" and by this reference incorporated herein. Page 1 of 2 ORDER 2002-036 (02/13/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-036 Spring River Sp Rd Dist [Ballot Title approval].doc Section 3. Notice of Election 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 April 6 and 20, 2002. Dated this 6th day of February, 2002 A(W Recording Secretary BOARD OF COUNTY COMMISSIONERS s MICHAEL M. DALY, OMMISSIONER Page 2 of 2 ORDER 2002-036 (02/13/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Order 2002-036 Spring River Sp Rd Dist [Ballot Title approval].doc DENNIS R. LUKE, COMMISSIONER SEL 803 ORS 250.035 REV 800 NOTICE OF DISTRICT MEASURE ELECTION ORS 250.041 ORS 255.145 ORS 255.345 Spring River Special Road 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 ROAD DISTRICT and ESTABLISH TAX RATE LIMIT QUESTION (20 Words) Shall Road District be formed and impose $0.94 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 special road district would be established covering the area within the Spring River subdivision. The name of the district would be the Spring River Special Road District. The purpose of the district would be to provide 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 the above listed services at a maximum permanent tax limit of $0.94 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 appoint a three-member board of commissioners for the district. These members will be appointed form among the voters within 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 o authorized d strict official (not required to be notarized) Date signed Chair, Board of County TOM DEWOLF Commissioners Printed name of authorized district official Title rage 1 - Exhibit "A" to ORDER 2002-036 (02/13/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Notice of District Measture Election[Spring River].doc PROPOSED FORMATION OF SPRING RIVER SPECIAL ROAD DISTRICT USFS N s 2W a ZW Fiat Legend Proposed Road Dist Parcels Spring River /I Q Page Y- EXHIBIT "B" to ORDER 2002-036 (12/13/02) NOTICE OF ELECTION ON FORMATION AND RATE LIMIT SPRING RIVER SPECIAL ROAD 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 Spring River Special Road District on whether to approve formation of the district and a rate limit of $.94 per $1,000 assessed value for operating taxes. All persons registered to vote within theboundaries of the proposed district are eligible to vote on this measure. The proposed district includes territory within and adjacent to the Spring River subdivision located adjacent to and north of Spring River Road and West of the Sunriver Resort. 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 "C" to ORDER 2002-036 (02/13/02) 1:\Documents and SettingAamiel\Local Settings\Temporary Internet Fi1es\0LK2DE\E1ection Notice Spring River.doc EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2002) Ballot Title Caption: SPRING RIVER SPECIAL ROAD DISTRICT - TO FORM COUNTY SERVICE DISTRICT and ESTABLISH TAX RATE LIMIT Measure Number: Word Total (500 Maximum): 225 The proposed road district will include the area within the Spring River neighborhood located north of Spring River Road and East of the Sunriver Resort. The purpose of the proposed special road district is to maintain and improve public roads within the district. Funds for operating the district are provided by levying taxes on all real property within the district. The Deschutes County Board of County Commissioners will appoint a three-member board of commissioners for the district from electors residing within the district. The appointed board is the governing body of the special road district. The full amount of the permanent tax rate need not be levied in any given year. The district board will determine the amount to levy each year based upon the annual budget approved each year by district board. Upon approval of the district formation by the electors of the district and appointment of the district board, the district will establish the final budget for the tax year 2002-2003 fiscal year. The initial tax levy will be based on the final approved budget. Meetings of the district board are open to the public. The current estimated tax levy for the first year is $13,270. The funds generated by the property taxes are projected be used to pay for a licensed snow plow contractor, routine road maintenance and improvements and administrative costs. Person responsible for the content of the Explanatory Statement: (Typed) Tom DeWolf. Chair Board of County Commissioners (Sianed)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 2002-036 (02/13/02) S:\Legal\Special Districts\Spring River Special Road Dist\Documents\Explanatory Statement [Spring Riverl.doc