Loading...
2002-940-Order No. 2002-085 Recorded 6/20/2002REVIEWED COUNTY O rJ MARYHSUESPENHOLLOWFFCOUNTYRCLERKS 1~ 2002-940 LEGAL COUNSEL COMMISSIONERS' JOURNAL 06/20/2002 01:45:00 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Declaring the Result of the May 21, 2002 Election on the Formation of the ORDER NO. 2002-085 Sunriver Service District and Forming the District. WHEREAS, an election was held in Deschutes County, Oregon on May 21, 2002, on the measure set forth in Exhibit A concerning the proposed Sunriver County District ("District"); and, WHEREAS, an Abstract of Votes, copy of which is attached as Exhibit B, shows that a majority of the registered electors of the District cast their ballots at the election and a majority of those persons voting voted to approve the measure; and, WHEREAS, ORS 198.820 (1) requires the Board to canvass the votes and declare the District formed if the Board determines that the majority of the votes cast were in favor of formation of the District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. At the election held in Deschutes County, Oregon on May 21, 2002, as evidenced by the Abstract of Votes, a copy of which is attached as Exhibit B and incorporated by reference herein, 1277 electors constituting 80.1 percent of the registered electors in the District cast ballots on the issue of formation of the District and, of those electors, 725 electors voted "yes," 286 voted "no" and 2 chose not to vote either way on the measure captioned "TO FORM COUNTY SERVICE DISTRICT and ESTABLISH TAX RATE LIMIT," as set forth in the attached Exhibit A, incorporated by reference herein. Section 2. Because the number of electors who voted represents more than fifty percent (50%) of the electors registered in the proposed district and a majority of the electors voting approved the formation of the proposed district, the measure is declared to have passed and the District to be formed. Section 3. The name of the District shall be the Sunriver Service District and the boundaries shall be as legally described in Exhibit C and depicted on the map Exhibit D both exhibits being attached hereto and by this reference incorporated herein. Section 4. The purpose of the District is to provide for 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)(j), emergency medical services, including ambulance services; and to maintain, construct and operate the related facilities. Page 1 of 2 ORDER 2002-085 (06/19/02) S:\Legal\Special Districts\Sunriver CSD\Order 2002-085 Sunriver CSD [Election Declaration].doc Section 5. The permanent rate limit for operating taxes of $3.45 per $1,000 assessed value for the District for ad valorem taxes pursuant to Section 11, Article 11, Oregon Constitution, is hereby established. Section 6. The Board Clerk shall cause certified copies of this order be filed with the Deschutes County Clerk and Assessor and the Oregon Department of Revenue and Secretary of State pursuant to ORS 198.780 (1) and ORS 308.225. Dated this 19th day of June, 2002 BOARD OF C NTY C MISSIONERS TOM DEWOLF, CHAIR DENNIS R. LUKE, COMMISSIONER ATTEST: I Tk A A,- L' (F,,> j ~ ~ L' / Recording Secretary MICHAEL M. DALY, COMMISSIONER Page 2 of 2 ORDER 2002-085 (06/19/02) SAL-egal\Special Districts\Sunriver CSD\Order 2002-085 Sunriver CSD [Election Declaration].doc PRIMARY ELECTION MAY 21, 2002 MARY SUE "SUSIE" PENHOLLOW DESCHUTES COUNTY CLERK ATTENTION This is the beginning of your county voters' pamphlet. The county portion of this joint voters' pamphlet is inserted in the center of the state portion. Each page of the county voters' pamphlet is clearly marked with a black bar on the outside edge. All information contained in the county portion of this pamphlet has been assembled and printed by your Deschutes County Clerk. Page 1 of 3 - Exhibit A to Order No. 2002-085 (6/19/02) JUN-10-02 MON 09:15 AM DESCHUTES CO CLERKS FAX NO. 541 389 6830 P. 02 OFFICIAL PRIMARY NONPARTISAN STATE MEASURES (CONTINUED) REFERRED TD THE PEOPLE BY THE LEGISLATIVE ASSEMBLY 11 AMENDS CONSTITUTION: AUTHORIZES LESS EXPENSIVE GENERAL OBLIGATION BOND FINANCING FOR OHSU MEDICAL RESEARCH AND OTHER CAPITAL COSTS RESULT OF "YES" VOTE: "Yes" vote, would authorize YES state to issuo loss expon- sive general obligation bonds rather than more expensive revenue bonds to finance OHSU medical research, capital costs. NO RESULT OF "NO" VOTE: Nn" ` ritr, rnjertn atnhnrizq- tlon fur Stale 10 issue IC'ss expensive general obLOa• lion bonds to finauto OHSU capital costs; maintains revenue bond firinneing under existing law. SUMMARY: Antwids Constitution. The measure authorizes Hie sale of less expensivo general ob- ligation bonds, lit place of more oxprnsive rev- onue bonds p:eviousry authorized by the 2001 Lotllslalure under the Oregon Opportunity Act. Net bond piocceds, which may not exceed $200 million, would linauce statewide medical and lcclmulu y research, and olhcrcapital costs, for Diegon 8eailh and Science University (Olf$U). Bond proceeds may not be used for OI ISU oper- aiing expenses. The measure limits the amount of the mdebtudiless IIICIIIYOd undorthis measure to one-half of olio powonl of the real market value of all property in the suite. Measure specifies sources of repayment; General fund, lottery funds, I(hntco FiAlioment funds, and amounts approprintod front olher sources bul not luolul- ing ad valorem property taxes, Oil ier provisions. ESTIMATE OF FINANCIAL IMPACT: The ineasuie authorizes tho isr utince of general obligation bonds for Oregon Hadlh and Science University in an amount that produces net proceeds up to $200 million. Principal and uiterest oil the bonds will cost an estimaled $15.8 million per year for 20 ears, for an entiuraled total cost to tr stata of 5316 million (innlai inn $115,3 million of in- teiest), Passago provides interest savings of approximalaly $1.5 million per year totaling $31.5 million over tho 20 years. Thera is no financial effect on local government expenditures or revenues. 13 AMENDS CONSTITUTION: AUTHORIZES USING EDUCATION FUND PRINCIPAL IN SPECIFIED CIRCUMSTANCES: TRANSFERS $220 MILLION TO SCHOOL FUND RESULT OF "YES" VOTE: Yes" vote converts aduca- Neil endowment fund to stability fund; authori705, conditions using fund pdn- ' YES c,paI for education; trans- YES million from fund to School Fund. RESULT OF "NO" VOTE: "No" vote rejects: convert- ing education endowment NO fund to sfibility fund; au- thorizing, conditioning use of fund principal; transfer- ring $220 million from fund to School Fund. SUMMARY:Amend,COnstituthon. Underexist- ing law, the stair, deposits a portion o1 stale lot- s into the education endowment fund; funds candmgs are, used It) i Imblit, cdu- calion, sludow assislancc; principal K retninrd In fund. Measure, converts education endow- of makes required miamg as to accline in piojetled Bute reverwo or In soasoinally adjustnd nonfarm eniploymmV, or f21 Governor declares emer- gency, On May 1, 2003, measure transfers $220 million from stahility lurid to state Senooi Fund to be used as provided by law for moneys In State School Fund. Other provisions. ESTIMATE OF FINANCIAL IMPACT: The, educa- tion stability find will be, rodueed by $220 mil- lion in May 2003. This amount will go into the State School rund to be distributed to school districts at that Lima. Earnings an this education stabilily fund will be reduced by an eulirmled $10.7 million per year beginning in 1110•2001 This men,uro has no financial effect on local ~mcnt.expandifurc,.nrravenues...., , U UTES COUP CENTRAL OREGON COMMUNITY COLLEGE 9.9 CENTRAL OREGON COMMUNITY COLLEGE DISTRICT GENERAL OBLIGATION BONO AUTHORIZATION QUESTION: Shall the District be authorised to contract a general obligation bonded indebted- ness in an amount of not more than $35,854,7924 It the bonds are approved, they will be payable from taxes on property or Prop- erly ownership that arc not su t1ict to the inuls of sections I 1 and 11b, Article XI of the Oregon Constitution, SUMMARY: This mcasurn may be pasted only at an election with at longt a 50 percent voter turnout. The District is seeking approval ofthis measure to finance Capital conctruction and Improvement-. p'o)octs as detailed In the 2002-'2012 COCC Master Plan. COCO serves 43 percent more stu- dents than It did in 1994, lice last time a gametal obligation bond measure was apppluved by the District's voters. Add!Uonally, the COr,C campus now hosts [lie new OSU-Cascades Campus, Proposed projects include the Construction, fur- nishiug and equipping of a science/allied health buildina. a oenefa-oumose olaSsroom building, or more and SUNRIVER SERVICE DISTRICT 9.5 TO FORM COUNTY SERVICE DISTRICT AND ESTABLISH TAX RATE LIMIT QUESTION: Shall County Service District be formed and Impose 93.45 per $1,000 assessed value as permanent rate limit beginning 2002- 20037 SUMMARY: This measure may be passed only al an election with at least a 50 percent voter turnout. A county service district would be established and protection; es by contract, it services: am and oper- it appproved, this measure would authori7o the distriel to tax properties within the district for the above listed services at a maximum perma- nanl lax limit of 93.45 per $1000 assessed value. 'f he district taxes would he imposed starting with tax year 2002.2003. It this measure passes, the Board of County Commissioners will be the gov- ei ring board of the district. ~ MAP OF THE PROPOSED DISTRICT WILL AC- OMPANY THE BALLOTS) C-D YES lure systems, Includinq roads parking, storm, sower, water and electrical, and related improve- ments. The bonds will mature over a ouriod of no[more than 15 years. <=7 YES NO I Ilk, tiV rC d t~.:o1iVyi of edu- educa- VOTE BOTH SID NO t r r Page 2 of 3 - Exhibit A to Order No. 2002-085 (6/19/02) Official Deschutes Countv 2002 Primary Election Voters' Pamphlet SUNRIVER SERVICE DISTRICT Measure No. 9-5 BALLOT TITLE 9-5 TO FORM COUNTY SERVICE DISTRICT AND PROPOSED FORMATION OF SUN RIVER SERVICE DISTRICT ESTABLISH TAX RATE LIMIT QUESTION: Shall County Service District be formed and impose $3.45 per $1,000 assessed value as permanent tg p rate limit beginning 2002-2003? SUMMARY: This measure may be passed only at an elec- tion with at least a 50 percent voter turnout. t A county service district would be established covering the Sunriver Resort area. The name of the district would be f th di t i t i Di t i t Th h i S S i 30 ' e purpose o s r c unr r c . e t e ver erv ce s 29 28 would be to provide the services set forth in ORS 451.010 (3)(a), fire prevention and protection; 451.010 (3)(b), secu- rity services by contract; 451.010 (3)(c) law enforcement a... services; and 451.010 (3)(f), which includes ORS 451.010 a G ' ~ (1)(j), emergency medical services, including ambulance ` services; and to maintain, construct and operate the re axs 31 f 32 33 lated facilities. If approved, this measure would authorize the district to ; tax properties within the district for the above listed ser- vices at a maximum permanent tax limit of $3.45 per $1000 / i - - i t t l Th i i ld b d ar - assessed va str ct taxes wou e mpose s ue. e d ing with tax year 2002-2003. If this measure passes, the Board of County Commissioners will be the governing board I 5> 4 of the district. °R (Map of the proposed district will accompany the ballots.) ~7- 5 N9f'.jq RU. EXPLANATORY STATEMENT i i i t t B f C t C Th D h C d - oners oun y oar oun y omm ss e esc u es o (Board) initiated the formation of the Sunriver Service District s /V R ^ (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 ser- vices, and emergency medical services in Sunriver. The SROA will cease providing these services when the District begins providing the services and the Board will be the governing body for the District. If the District is approved, the Board intends to delegate its authority to administer the District to a district managing board, the members of which would be appointed by the SROA, subject to ratification by the Board. If approved, the maximum amount that the District could levy each fiscal year would be $3.45 per $1,000 assessed value. The District, however, need not levy the full amount of the per- manent 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 District meetings are open to the public. The estimated first year ad valorem tax levy is $2.98 per $1000 assessed value. (Information furnished by Tom DeWolf, Chair Board of County Commissioners.) ARGUMENTS BEGIN ON THE NEXT PAGE 9-5 Page 3 of 3 - Exhibit A to Order No. 2002-085 (6/19/02) )ESCNUTES COUNTY,ORE60N >RIMARY ELECTION 1 A Y 21, 2002 9-5. SUNRIVER SPECIAL DISTRICT FORMATION - YES 2 - NO REG VOTES VOTERS CAST TURNOUT 1 c 'unriver Dist Formation )RECINCT 16 iunr-iver Dist Formation LACE TOTALS DISTRICT REPORT Page 1 UV OV WI 1277 1024 80.1 % 725 2286 13 0 0 - 1277 10224 80.1 % - 725 286 13 0 0 1277 1024 80.1 725 286 13 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 21, 2002 Primary. Election for Sunriver Special District Formation. Dated this 5th day of June, 2002. Mary Su Penhollow Deschutes County Clerk Page 1 of 1 - Exhibit B to Order No. 2002-085 (6/19/02) EXHIBIT THE BOUNDARY OF THE PROPOSED SUNRIVER SERVICE DISTRICT PROPERTY DESCRIPTION Beginning at the southeast comer 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 comer of the southeast quarter of said Section 20; thence South 8946'03" 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 2348'21 " West 185.81 feet; thence South 36'33'59" West 226.60 feet; thence South 08'5925" 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 5649'17" 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 comer of said northeast quarter of said Section 30; thence South 8946'01" 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 4953'57" 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 1641'57" West 313.21 feet; thence South 28'53'12" West 331.21 feet; thence South 01'57'09" West 440.26 feet; thence South 21'5245" 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 19'4449" 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 342446" 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 8249'15" 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 4532'01" East 243.85 feet; thence South 200.00 feet to the South line of the southeast quarter of said Section 6, thence North 8759'18" East along said south line 1597.40 feet to the southeast comer of said Section 6; thence North 89'53'50" East 2564.43 feet to the southwest comer 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 26'5645" 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 C to Order No. 2002-085 (6/19/02) 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 41'4848" 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 16'3945" 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 4646'00" 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 comer 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. I 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.