2003-172-Resolution No. 2003-021 Recorded 3/11/2003COUNTY OFFICIMIL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 1003-111
COMMISSIONERS' JOURNAL 03/11/2003 02;29;01 PM
1.1 AlI1Ai,) .D I VIII) II II�IIIIIIII IIID II)
3-0 1 2
LEGA UNSEL
For Recording Stamp Only
hl FORE -1111 BOARD OF COUNTY COMMISSIONERS 01 DESCHUTFS COUNIW, ORE GON
A Resolution Relating to the Improven-lent of
a portion of Collar Drive (COLLAR DRIVE
l ID) in Deschutes County, Oregon directing
the Irnprovement to be made by Contract and
Establishing Notice of Intent to Assess
Properties Benefited Thereby.
RF SOLUI ION NO. 2003-021
Wt-IFREAS, on December 18, 2002, the Board of County Commissioners (Board)
Of D0SChut0S County, Oregon, initiated, by Resolution No. 2002-112, the improvement of
certain dedicated public roads known as a portion of Collar Drive (hereinafter referred to
as "the improvements") in Deschutes County, Oregon; and
WE I[ REAS, the resolution was referred to the County E ngineer, who in a report to
the Board: investigated the proposed improvements; estimated the cost of the
improvements; determined which properties were specially benefited; fixed the boundaries-
of
oundariesof the local improvement district-, determined a method of apportioning assessments
amongst benefited properties; prepared a cost estimate of the proposed improvement;
and estimated the amount of the assessment on all specially benefited properties, all in
accordance with Chapter 12.48 of the Deschutes County Code; and
WHERFAS, said Engineer's report was accepted by the Board pursuant to Order
2003-018; and
MIL RFAS, pursuant to Order 2003-018 and Chapter 12.48 of the Deschutes
County Code, notice was mailed to benefited property owners; and
Wt IFRF-AS, a tearing on the proposed improvements was held on March 5, 2003,
at the Deschutes County Board of Commissioner's Hearing Room, Administrative Building,
1130 NW Harriman, Bend, Oregon, for the purpose of hearing testimony and
remonstrances related to said proposed improvements; and
I'�uje 1 of 3 - RESOL Ul ION NO. 2003-021 - COL_LAR DRIVE I ID
WHEREAS, after considering the testimony, the Board finds for the reasons set
forth in the Engineer's Report that the properties to be assessed would be specially
benefited by the proposed improvements and that the assessments would be spread
amongst the specially benefiting properties in an equitable manner and that the
requirements of Chapter 12.48 otherwise have or can be met; and
UA c,
WHEREAS, &77eobjection\were filed with the Board regarding said proposed
improvements, which objection§ falKshort of the number required to stop the proposed
improvements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, RESOLVES as follows:
Section 1. To improve by contract certain dedicated public roads known as a
portion of Collar Drive as shown on Exhibit "A" to Deschutes County local road standards
in conformance with the scope of work as set forth in said Engineer's Report.
Section 2. To finance said improvements by levying an assessment against
properties specially benefited by the proposed improvements pursuant to the Engineer's
Report.
Section 3 That the boundaries of the local improvement district shall be as set
forth in said engineer's report and that the benefited properties have been determined to
be as listed in said Engineer's report and as listed in Exhibit "B" attached hereto and by
this reference incorporated herein; and that the method of apportioning the costs of the
improvements amongst the benefited properties shall be as set forth in said Engineer's
report.
Section 4. That steps not be taken to commence said improvements until a
period of at least 60 days passes from the mailing of notice to owners of benefited
property.
Section 5. That this resolution constitutes notice that the properties described in
Exhibit "B" to this resolution will be subject in the future to a lien of the assessment for the
cost of the improvements in amounts currently estimated as set forth on Exhibit "B" to this
resolution and to be finally determined, after completion of the improvements, by order or
resolution of the Board.
Section 6. That the assessment for the proposed local improvements described
herein are charactE�rized as "assessments for local improvements," as that term is used in
section 11 b of Article XI of the Oregon Constitution and are not intended to be subject to
the limitations established therein.
Page 2 of 3 - RESOLUTION NO. 2003-021 — COLLAR DRIVE LID
Section 7. That notice be sent to property owners in a form substantially similar
to that shown in Exhibit "C" to this resolution advising owners of the Board's decision to
proceed with the construction of the proposed improvements, of its intent to impose an
assessment for said improvements, and of its intent to characterize the assessment
against benefited properties as an "assessment for local improvements" for purposes of
section 11 b, Article XI of the Oregon Constitution.
Section 8. That the County Clerk shall endorse upon the resolution the date of
the filing thereof, and shall record and index the same in the appropriate lien docket in the
office of the County Clerk.
DATED this5-1�—, day of March, 2003.
ATTEST:
Recording Secretary
BOARD OF UNTY COMMISSIONERS
OF DE TES COUNTY, OREGON
Ile
D NNIS R. LUKE, CHAIR
_.eI-ccu,�c.a�.
TOM DEWOLF, COMMISSIO
MICHAEL M. DFACY, COMMISOONER
Page 3 of 3 - RESOLUTION NO. 2003-021 — COLLAR DRIVE LID
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NOTICE. OF DECISION
10 PROCEED WITH IMPROVEMENTS -10
A PORI ION OF COLI AR DRIVE WITHIN TFIF WAGON TRAIL NORTH, 1" ADD.
SUBDIVISION (COLLAR L ID) AND OF INTENT TO IMPOSE
ASS[ -SSMEN-IS F OR I HE IMPROVEMFN-1 S AND
-10 C1IARACI I RIZL -t LiL ASSLSSME_NI S AS NO] SUBJE C-1 -10
I HE -1 AX LIMIIA] IONS OF SLCI ION 11, ARI ICLF XI
OF T HE ORF GON CONS -LII U-1 ION
Date: II
T o:
Re: ACOUNI lot [j Block [j, [SUBDIVISION]
I ollowing testimony at a public hearing on March 5, 2003, and with authority of Chapter 12.18 of the
Deschutes County Code, the Board of County Commissioners signed Resolution 2003-021 which
directs that a local improvement be made to a portion of Collar Drive within Wagon l rail North, V,
Addition (COLLAR DRIVE LID).
T he E rngineer's Report, which forms the basis for the Board's decision to proceed with the local
improvement, contains a list of the lots or parcels which will he specially benefited by the road
improvement. After the improvement has been completed, each benefited properly will be assessed
for its apportioned share of the improvement costs. Resolution 2003-021 describes the boundaries
of the local improvement district, lists the benefited properties, and confirms that the costs will be
apportioned by the method described in the Engineer's Report.
T his letter also serves as notice of the Board's intent to assess the benefited properties, listed in
Resolution 2003-021, according to the method recommended by the Engineer and approved in
Order 2003-018. The not to exceed amount of the assessment for this property is $10,702.30.
I inally, this letter serves as notice of the Board's intent to characterize the proposed assessments
as "assessments for a local improvement." Assessments of properties which receive a special
benefit from a local improvement are exempt from the tax limitations of Section 11, Article XI of the
Oregon Constitution, so long as the total assessments do not exceed the actual costs of the
improvement. The Board intends to characterize the assessment that will be made to your properly
as "ern assessment for a local improvement" since the Engineer determined that your property will
receive a special benefit from the road improvement.
BOARD OF COUNTY COMMISSIONERS
OF DE SCI JUTE S COUNTY, OREGON
-1 OM BL US -I, Road Department Director
(On Behalf of the Board
M F, M O R A N 1) U M W11� ,1,!;1 ►i <>> 1 1 H
TO: Board of County Commissioners
I� R0M: Gary.ludd, I?ngincer
)ATI`,: February 27, 2003
St 11.1: Collar Drive Local Improvement District
kACKGROUND
On Dcccnnbcr 18, 2002 the Board of County Commissioners (BOCC) referred the Collar Di ivc
Local Improvement District (1,11)) to the Road Department to complete an l?nf;inccr's I:eporl
and to conduct a Mail Poll of the property owners.
I )ISCl1SS1ON
llc I?ngincer's reported found the Collar Drive I M) project to be Icasible and estimated the cost
of the 3,200 Tool long project to be $1 60,535. 'There arc 15 lots within the boundaries of the 1,11).
"I& cstimMed cost of each assessment is $10,702.30. Deschutes County has guaranteed not to
exceed this assessment cost.
All of the properly owners returned their ballot by the postmark deadline of .lanua►y 24, 2002.
I hschutes County Code No. 12ASA GG requires that 60% of the owners must vote yes for the
1.11) to he clig,ible for further consideration by the board.
The nail poll results arc:
VOTFS 1N FAVOR 9 lots G0`%,
VO'fl?S AGAINST G lots 40%,
R, F� CO N1 M I ', N I ) ATI 0 N
I Hess than 50% of the pl-operty owners object to the proposed road improvements at the hearing,,
the Road Department recommends that the board approve the Order to make improvements to
Collar Drive.
Qutfliiy';cloi(('r:IY1.1- rmi'll wilt flirt,