2003-93-Order No. 2003-021 Recorded 2/13/2003REVIEWED
LEG UNSEL
DESCHUTES COUNTY OFFICIAL RECORDS OJ 1003'93
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 37 33 BM
201
0&/13/1003 V&; 1
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Woodchip Local
Improvement District within Deschutes
County, Oregon.
ORDER NO. 2003-021
WHEREAS, on December 18, 2002, the Board of County Commissioners of Deschutes County, Oregon,
initiated by Resolution 2002-113, the improvement of certain dedicated roads known as Woodchip Lane,
Bushberry Court and Woodstock Drive; 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 Woodchip 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 -day of , 2003.
BOARD OF UNTY COMMISSIONERS
OF =ES COUNTY, OREGON
D NNIS R. LUKE, CHAIR
ATTEST:
TOM DEWOLF, COM TONER
Recording Secretary
MIC A L M. DALY, C MMISSIONER
Page 1 of 1- Order No. 2003-021
-V-ES
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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, 2003
SUBJ: Woodchip LID
BACKGROUND
On December 18, 2002 the Board of County Commissioners formed the Woodchip LID
and ordered the Road Department to investigate. The feasibility study found that this
project was possible, and the Road Department referred the findings to 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 24, 2003. The results are:
YES 20 ballots 48%
NO 14 ballots 33%
Did not vote 8 ballots 19%
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 Woodchip 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
EXHIBIT "A"