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2005-824-Order No. 2005-020 Recorded 6/22/2005REVIE D L GAL COUNSEL DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 2003-824 CLERK°S V 1005.814 06/22/2005 03;35;17 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Abandoning Pioneer Loop Local Improvement District within Deschutes County, Oregon. ORDER NO. 2005-020 WHEREAS, on March 28, 2005, the Board of County Commissioners of Deschutes County, Oregon, initiated by Resolution 2005-035, the improvement of a certain dedicated road known as Pioneer Loop 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 Pioneer Loop 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 this2 day of , 2005. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: IT"-Zt 11&~ Recording Secretary LUKE, COMMISSIONER Page 1 of 1- Order No. 2005-020 TOM DEWOLF, CHAIR ,TES EXHIBIT "A" 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: June 2, 2005 SUBJ: Pioneer Loop LID BACKGROUND On March 28, 2005 the Board of County Commissioners initiated the Pioneer Loop 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 May 27, 2005. The results are: YES 16 ballots 33% NO 22 ballots 46% Did not vote 10 ballots 21% 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 Pioneer Loop 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