2005-88-Order No. 2005-009 Recorded 2/8/2005DESCNUTES COUNTY OFFICIAL RECORDS ~Dn~~pb
REVIEWED NANCY BLANKENSNIP, COUNTY CLERK yJ Y QQ
COMMISSIONERS' JOURNAL 02/08/1005 01:04:10 FIN
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LEGAL COUNSEL II II IIIIIIIIIIIIIIIII
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2 0 -88
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Tetherow Local
Improvement District within Deschutes County, ORDER NO. 2005-009
Oregon.
WHEREAS, on December 10, 2003, the Board of County Commissioners of Deschutes County, Oregon,
initiated by Resolution 2003-137, the improvement of a certain dedicated roads known as Tetherow LID; 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 Tetherow LID 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 thisday of ry f~l-C Gc.r,'' , 2005.
BOARD OF COUNTY CO ISSIONERS
OF DESCHIkTES COUNIN.
TTEST:
Recording Secretary
TOMkDEWALF, CHAI
MIC'HA DALY, CO MISSIC
N-ER
D NNIS R. LUKE, COMMISSIONER
Page 1 of 1- Order No. 2005-009
,-DES
EXHIBIT "A"
J
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: January 31, 2005
SUBJ: Tetherow LID
BACKGROUND
On December 10, 2003 the Board of County Commissioners formed the Tetherow 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
January 21, 2005. The results of the mail poll are:
YES 82 votes 24%
NO 127 votes 36%
Did not vote 139 votes 40%
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 an order to
abandon the Tetherow 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.
Quality Services Performed with Pride
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