2004-660-Order No. 2004-029 Recorded 4/7/2004COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ ?004.660
REVIE D COMMISSIONERS' JOURNAL 04/07/1004 01;50;08 PM
LEGAL COUNSEL IIIIIIIIII~IIIIIIIIIIIIIIIIIIII
2004-650
i
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning McSwain Drive Local
Improvement District within Deschutes County,
Oregon.
ORDER NO. 2004-029
WHEREAS, on January 14, 2004, the Board of County Commissioners of Deschutes County, Oregon, initiated
by Resolution 2004-002, the improvement of a certain dedicated road known as McSwain 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 McSwain Drive L.I.D. 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 5! day of Q&it '2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNzTY, OREGON
ATTEST:
t~u~t'Q/-_
Recording. Secretary
Y, CKAIR
M
D NIS R. LUKE, Comm, SIONER
4~ nn~d 'I
TO DEWOLF, COMMI ONER
Page 1 of 1- Order No. 2004-029
'CES
rIAN" 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, Engineer
DATE: March 29, 2004
SUBJ: McSwain Drive LID
BACKGROUND
On January 14, 2004 the Board of County Commissioners formed the McSwain Drive
Road LID and ordered the Road Department to investigate the project. The project
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 March
23, 2004. The results are:
YES 4 ballots 25%
NO 6 ballots 38%
Did not vote 6 ballots 38%
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 McSwain Drive 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