2004-182-Order No. 2004-020 Recorded 3/9/2004~EVIE~D~
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
IIIIIIII IIIIIIIIIIIIIIIIIIII III
2004-182
CLERKDS YJ ZON-182
0310912004 02;59;45 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Edgington Road Local
Improvement District within Deschutes County,
Oregon.
ORDER NO. 2004-020
WHEREAS, on December 10, 2004, the Board of County Commissioners of Deschutes County, Oregon,
initiated by Resolution 2003-134, the improvement of a certain dedicated road known as Edgington Road; 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 Edgington Road 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 je- day of / r t&- Ch- , 2004.
ATTEST:
Recording Secretary
TOWDEWOLF, COMMISSIONER
Page 1 of 1- Order No. 2004-020
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ES
01
EXHIBIT "A"
Road Department
61150 S.E. 27th St., Bend, OR 97702
(541) 388-6581 • FAX (541) 388-2719
TO:
FROM:
DATE:
SUBJ:
Board of County Commissioners
Gary Judd, Engineer
February 25, 2004
Edgington Road LID
BACKGROUND
On December 10, 2004 the Board of County Commissioners formed the Edgington Road
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
February 20, 2004. The results are:
YES 9 ballots 19%
NO 30 ballots 61%
Did not vote 10 ballots 20%
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 Edgington Road 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.
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