2003-205-Order No. 2003-031 Recorded 3/26/2003REV D
LEG SEL
DESCNUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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CLERKS CJ 2003.203
03/26/2003 02:47:34 PM
For Kecorumy ow, ip .,,,,y
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCNUTES COUNTY, OREGON
An Order Abandoning 92"d Street Local
Improvement District within Deschutes County, * ORDER NO. 2003-031
Oregon
WHEREAS, on January 8, 2003, the Board of County Commissioners of Deschutes County, Oregon, initiated by
Resolution 2003-005, the improvement of a certain dedicated road known as 89th Street and 92nd Street; 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 92- Sa treet 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.
ATTEST:
Recording Secretary
BOARD OF CO TY COMMISSIONERS
OF DESCH S COUNTY, OREGON
DEN IS R. IJKE, CH R
TOM DEWOLF, CO ISS NER
,
HAEL M. DAILY, COI`7SSIONER
Page 1 of 1 - Order No. 2003-031
,T E
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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: (nary Judd, Traffic Engineer
DATE: March 5, 2003
SUBJ: 92nd Street LID
BACKGROUND
On January 5, 2003 the Board of County Commissioners formed the 92nd Street LID and
ordered the Road Department to investigate the feasibility of the proposed road
improvements. 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
February 14, 2003. The results are:
YES 24 ballots 53%
NO 14 ballots 31%
Did not vote 7 ballots 16%
45 lots
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 92nd Street 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.
EXHIBIT "A"
Quality Services Performed with Pride