2004-1417-Order No. 2004-100 Recorded 12/9/2004COUNTY OFFICIAL P1
NANCYUBLANKENSHIP, COUNTY CLERKDS Vd 20N-R17
tEVIEW COMMISSIONERS' JOURNAL 12/09/2004 04:11;53 PM
L GAL COUNSEL VIII IIII~IIIIIIIIIIIIIIIIIIII
200 -1417
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Pinewood Country
Estates Local Improvement District within
Deschutes County, Oregon.
ORDER NO. 2004-100
WHEREAS, on August 23, 2004, the Board of County Commissioners of Deschutes County, Oregon, initiated
by Resolution 2004-102, the improvement of a certain dedicated roads known as Pinewood country 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 follows:
Section 1. That, in accordance with 12.48.170(A) of the Deschutes County Code, the local improvement known
as Pinewood Country Estates 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 (9 day of a '2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY,,OREGON
MICHAEL- VDALY, CH IR
ATTEST:
(f6n~ &kv-A-
Recording Secretary
DENNIS R. KUKE, COKNISSIONER
TOM. DEWOLF,'COMMISSIONER
Page 1 of 1- Order No. 2004-100
TES
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: Pinewood Country Estates LID
BACKGROUND
On August 23, 2004 the Board of County Commissioners formed the Pinewood Country
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 10 ballots 26%
NO 16 ballots 42%
Did not vote 12 ballots 32%
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 Pinewood Country 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