2005-605-Order No. 2005-017 Recorded 4/5/2005REVIED
LEGAL C UNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
11111[ 11Q1111111111111i I III
RECORDS Q 2005.605
CLERK
04/05/2005 01:33:31 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Arid Local Improvement
District within Deschutes County, Oregon
ORDER NO. 2005-017
WHEREAS, on January 26, 2005, the Board of County Commissioners of Deschutes County, Oregon, initiated
by Resolution 2005-007, the improvement of a certain dedicated road known as Arid 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 Arid 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 this day of , 2005.
BOARD OF COUNTY CO MI S NERS
OFDESCHUTE OUNTY, GON
TOM EWOLF, CHAIR A,
ATTEST:
Recording Secretary
Page 1 of 1- Order No. 2005-017
JTES C
EXHIBIT "A"
"Ov
0
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 28, 2005
SUBJ: Arid LID
BACKGROUND
On January 26, 2005 the Board of County Commissioners initiated the Arid 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 March
11, 2005. The results are:
YES 19 ballots 52%
NO 9 ballots 24%
Did not vote 9 ballots 24%
Deschutes County Code 412.48.166(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 Arid 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