2004-1416-Order No. 2004-099 Recorded 12/9/2004COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS ~J 1004.1416
COMMISSIONERS' JOURNAL 1210912004 04;12;53 PM
LEGAL C UNSEL 111
2004-1416
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Newberry Estates Local
Improvement District within Deschutes County,
Oregon.
ORDER NO. 2004-099
WHEREAS, on July 26, 2004 the Board of County Commissioners of Deschutes County, Oregon, initiated by
Resolution 2004-80, the improvement of a certain dedicated roads known as Newberry Estates Local Improvement
district; 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 foliows:
Section 1. That, in accordance with 12.48.170(A) of the Deschutes County Code, the local improvement known
as Newberry Estates Local Improvement District 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 (T)-,P ejz~ , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST: Recording Secretary
MIC-HAEI., /`DALY, C
DENNIS R. WKE, OM
TOMiDEWOLF;
IONER
ONER
Page 1 of 1- Order No. 2004-099
ES
{
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: November 28, 2004
SUBJ: Newberry Estates LID
BACKGROUND
On July 26, 2004 the Board of County Commissioners formed the Newberry Estates 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
November 19, 2004. The results are:
YES 44 ballots 17%
NO 107 ballots 41%
Did not vote 111 ballots 42%
Deschutes County Code #I 2.48.166(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 an order to
abandon the Newberry Estates 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