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2005-1421-Order No. 2005-147 Recorded 12/14/2005REVIEWED LEGAL COUNSEL COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS COMMISSIONERS' JOURNAL 14101 005 01;40;51 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving the Formation of the Countywide Law Enforcement District (District 1) and Ordering that * Order No. 2005-147 a Final Hearing Be Held on January 11, 2006 WHEREAS, the Board of County Commissioners of Deschutes County, Oregon (Board), by Order No. 2005-128, initiated the formation of the Countywide Law Enforcement District (District 1); and WHEREAS, notice of a public hearing was given by publication in The Bulletin on November 28 and December 8, 2005, and by posting in three public places on November 16-22, 2005; and WHEREAS, a public hearing on Order 2005-128 was held on December 14, 2005, to consider the order initiating the formation of the Countywide Law Enforcement District (District 1) and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals and the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by the formation of the district; and WHEREAS, after consideration of economic, demographic and sociological trends and projections pertinent to the proposal, past and prospective physical developments of the land that would directly or indirectly be affected by the proposal, and all other matters considered to be relevant to the order initiating the formation of the Countywide Law Enforcement District (District 1), the Board finds that the area would be benefited by formation of the proposed Countywide Law Enforcement District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The formation of the Countywide Law Enforcement District (District 1) is approved by the Board of County Commissioners. The District shall be named the Countywide Law Enforcement District (District 1) and shall provide the following services: Adult Jail Staffing/Operations Courthouse Security Work Release Center Prisoner Transports Emergency Disaster Planning Concealed Weapons Permits Search & Rescue Civil Process Inmate Work Crews PAGE 1- ORDER No. 2005-147 Section 2. The boundary of the Countywide Law Enforcement District (District 1) is the boundary of Deschutes County, Oregon, as set forth in ORS 201.090 and depicted on the map of Deschutes County, respectively marked Exhibits "A" and "B," attached hereto and by this reference incorporated herein. The proposed district formation initiated by Order No. 2005-128 was approved by the cities of Bend, Redmond and Sisters; therefore, in accordance with ORS 198.835(3), the Countywide Law Enforcement District includes all of the incorporated territory within Deschutes County, Oregon. Section 3. The applicable land use criteria pertinent to the proposed district, the facts found by the Board and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit "C," attached hereto and by this reference incorporated herein. Section 4. The order initiating the formation of the Countywide County Law Enforcement District (District 1) proposed a permanent tax limit of $1.25 per thousand dollars of assessed value to begin being assessed in fiscal year 07/08. In accordance with ORS 198.810, the issue of forming the Countywide County Law Enforcement District and authorizing the permanent tax limit shall be set for a final hearing on the proposed district on January 11, 2006, in Commissioner's Hearing Room (Barnes Room), Deschutes Services Center, 1300 NW Wall St., Bend, Oregon. Section 5. Notice of Hearing shall be given in substantially the form set forth in Exhibit "D," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on December 26, 2005 and January 5, 2006 and posted on December 19-23, 2005, in three public locations within the county as follows: one notice shall be posted on or near the doors of the meeting room of the Board of County Commissioners (Barnes Room); one notice upon any official bulletin board customarily used for the purpose of posting public notices within the county; and one notice shall be posted upon any official public bulletin board customarily used for the purpose of posting public notices within the proposed district. Notices posted shall be for not less than five (5) consecutive days. DATED this 14th day of December 2005. ATTEST: ~U~ Recording Secretary s R. Luke, Commissioner PAGE 2 - ORDER No. 2005-147 BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Exhibit DESCRIPTION OF COUNTYWIDE LAW ENFORCEMENT DISTRICT (DISTRICT 1) DESCHUTES COUNTY OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TOWNSHIP 22 SOUTH, RANGE 23 EAST OF THE WILLAMETTE MERIDIAN; THENCE WESTERLY ALONG TOWNSHIP LINES TO THE SUMMIT OF THE CASCADE RANGE; THENCE NORTHERLY ALONG THE SUMMIT OF THE CASCADE RANGE TO THE LINE BETWEEN TOWNSHIP 13 AND 14 SOUTH; THENCE EASTERLY ALONG SUCH TOWNSHIP LINE TO THE NORTHEAST CORNER OF TOWNSHIP 14 SOUTH, RANGE 13 EAST; THENCE SOUTHERLY ALONG THE EAST LINE OF RANGE 13 EAST TO THE SOUTHWEST CORNER OF TOWNSHIP 16 SOUTH, RANGE 14 EAST; THENCE EASTERLY TO THE SOUTHEAST CORNER OF SUCH TOWNSHIP; THENCE SOUTHERLY ALONG THE RANGE LINE TO THE SOUTHWEST CORNER OF TOWNSHIP 18 SOUTH, RANGE 15 EAST; THENCE EASTERLY ALONG TOWNSHIP LINES TO THE NORTHWEST CORNER OF TOWNSHIP 19 SOUTH, RANGE 17 EAST; THENCE SOUTHERLY TO THE SOUTHWEST CORNER OF SUCH TOWNSHIP; THENCE EASTERLY TO THE NORTHEAST CORNER OF TOWNSHIP 20 SOUTH, RANGE 19 EAST; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF SUCH TOWNSHIP; THENCE EASTERLY TO THE NORTHEAST CORNER OF TOWNSHIP 21 SOUTH, RANGE 20 EAST; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF SUCH TOWNSHIP; THENCE EASTERLY TO THE RANGE LINE BETWEEN RANGES 23 AND 24 EAST; THENCE SOUTHERLY ALONG SUCH RANGE LINE TO THE PLACE OF BEGINNING. Page 1 of 1 F:\L,egal\SHERIFF\ aw Enforcement District\No numbers Legal Description- District Ldoc Sf C') SO ID Exhibit ~oo O N a© N W M o c m; m m a g m o 70 ID ~S.>>o > > C > b tG N (D O N N ~ a ~ `'Z O In m m ~ o o voa _ `Z O N O s ~ H N N -S N O 0 N p Q N N fD tai -Cl W p c 3 X $2. C N ^ % Cl N N a C N O (p O N 5 i o . m o m a Q a m a y, L 03 m Ei m N 0 o O o m y ~ ' P w 9) N v N N0 O S 2 N N ~mmd m c [D CL `G C N M N A a _d N p C N W p d C G~ IZ v m - c~ z v in my v 3 O z v M ~a d a c~ O D co ° c ~ - v o o Ul (D Z p a o M C . :3 v ~ rn'< av ~ C 0 (D CD uo (D c: cn U) o ry Q o a C/) CD v CD o N Q O (a N Do 3 v CD 0' FU Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: December 6, 2005 TO: Sue Brewster, Assistant Legal Counsel, Sheriff's Office FROM: Paul Blikstad, Associate Planner RE: Formation of a Countywide Law Enforcement District The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with the Statewide Planning Goals, encourages the formation of special service districts to serve rural needs. Under the Public Facilities and Services chapter of the County Comprehensive Plan (Chapter 23.68 of Title 23 of the County Code, Section 23.68.020), Policies, are the following policies: 1. General. a. Public facilities and services shall be provided at levels and in areas appropriate for such uses based upon the carrying capacity of the land, air and water, as well as the important distinction that must be made between urban and rural services. In this way public services may guide development while remaining in concert with the public's needs. e. Deschutes County shall encourage the formation of special service districts to serve rural needs rather than becoming involved with serving those needs. The County will foster coordination and mutual planning between the County, special districts, utility companies and service corporations. This shall include common trenching where appropriate. 4. Law Enforcement. a. Because of the difficulty in providing County-wide sheriff's patrol all future development shall be reviewed for adequacy of police protection. b. The County will seek to improve rural police protection, including the development of sheriff's substations, where feasible. Police protection is an important part of rural development, as evidenced by the comprehensive plan policies. Staff finds that the proposed formation of a rural law enforcement district is consistent with the County Comprehensive Plan and Statewide Planning Goals. Quality Services Performed with Pride Exhibit C Page of EXHIBIT "D" NOTICE OF HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A final public hearing regarding the proposed formation of the Countywide Law Enforcement District (District 1) will be held on Wednesday, January 11, 2006, at 10 a.m. in Barnes Room, County Services Center, 1300 NW Wall St., Bend, Oregon. The Board of County Commissioners, of Deschutes County, Oregon, has entered an order declaring its intention to initiate this formation. At this final hearing set for January 11, 2006 the Board of County Commissioners will decide whether to refer the proposed district to the qualified electors of Deschutes County at the May 16th, 2006, election for approval or rejection. The boundaries of the proposed district are the boundaries of Deschutes County as described in ORS 201.090. The proposed Countywide Law Enforcement District will include all of the territory within Deschutes County including the incorporated areas of the Cities of Bend, Redmond and Sisters, and Sunriver and Black Butte Service District. The proposed district shall be referred to as the "Countywide Law Enforcement District (District 1)." The proposed district has a proposed permanent operating tax limit of $1.25 per thousand dollars assessed value to be assessed beginning in fiscal year 07/08. The purpose of the proposed formation is to provide law enforcement services, not including patrol or investigative services, for the population inhabitants within Deschutes County in accordance with ORS. 451.010. All interested persons may appear and be heard. The meeting location is wheelchair accessible. For the deaf or hard of hearing, an interpreter or assisted listening system will be provided with 48 hours notice. Materials in alternate formats may be made available with 48 hours notice. To arrange for these services or for more information, please contact Bonnie Baker at (541) 388-6570. For hearing impaired, call TDD (541) 385-3203. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Vice Chair To be published in The Bulletin: December 26, 2005 ao/January 5, 2006 To be posted no later than: December 19, 2005