2006-455-Resolution No. 2006-033 Recorded 4/26/2006IEEV/D:��
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LEGAL — �1-
COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
11111.111111111111111111111112004SS
For Recordi
CLERKDS � } 2006455
04/26/2006 03:16:40 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Relating to the Improvement of
a portion of Harrington Loop Road
(Harrington Loop Road LID) in Deschutes
County, Oregon directing the Improvement to
be made by Contract and Establishing Notice
of Intent to Assess Properties Benefited
Thereby.
RESOLUTION NO. 2006-033
WHEREAS, on July 25, 2005, the Board of County Commissioners (Board) of
Deschutes County, Oregon, initiated, by Resolution No. 2005-099, the improvement of a
certain dedicated public road known as a portion of Harrington Loop Road (hereinafter
referred to as "the improvements") in Deschutes County, Oregon; and
WHEREAS, the resolution was referred to the County Engineer, who in a report to
the Board: investigated the proposed improvements; estimated the cost of the
improvements; determined which properties were specially benefited; fixed the boundaries
of the local improvement district; determined a method of apportioning assessments
amongst benefited properties; prepared a cost estimate of the proposed improvement;
and estimated the amount of the assessment on all specially benefited properties, all in
accordance with Chapter 12.48 of the Deschutes County Code; and
WHEREAS, said Engineer's report was accepted by the Board pursuant to Order
2006-063; and
WHEREAS, pursuant to Order 2006-063 and Chapter 12.48 of the Deschutes
County Code, notice was mailed to benefited property owners; and
WHEREAS, a hearing on the proposed improvements was held on April 24, 2006,
at the Deschutes County Services Building, 1300 NW Wall Street, Bend, for the purpose
of hearing testimony and remonstrances related to said proposed improvements; and
Page 1 of 3 - RESOLUTION NO. 2006-033 – Harrington Loop Road LID
WHEREAS, after considering the testimony, the Board finds for the reasons set
forth in the Engineer's Report that the properties to be assessed would be specially
benefited by the proposed improvements and that the assessments would be spread
amongst the specially benefiting properties in an equitable manner and that the
requirements of Chapter 12.48 otherwise have or can be met; and
WHEREAS, objections were filed with the Board regarding said proposed
improvements, which objections fall short of the number required to stop the proposed
improvements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, RESOLVES as follows:
Section 1. To improve by contract a certain dedicated public road known as a
portion of Harrington Loop Road as shown on Exhibit "A" to Deschutes County local road
standards in conformance with the scope of work as set forth in said Engineer's Report.
Section 2. To finance said improvements by levying an assessment against
properties specially benefited by the proposed improvements pursuant to the Engineer's
Report.
Section 3 That the boundaries of the local improvement district shall be as set
forth in said engineer's report and that the benefited properties have been determined to
be as listed in said Engineer's report and as listed in Exhibit "B" attached hereto and by
this reference incorporated herein; and that the method of apportioning the costs of the
improvements amongst the benefited properties shall be as set forth in said Engineer's
report.
Section 4. That this resolution constitutes notice that the properties described in
Exhibit "B" to this resolution will be subject in the future to a lien of the assessment for the
cost of the improvements in amounts currently estimated as set forth on Exhibit "B" to this
resolution and to be finally determined, after completion of the improvements, by order or
resolution of the Board.
Section 5. That the assessment for the proposed local improvements described
herein are characterized as "assessments for local improvements," as that term is used in
section 11 b of Article XI of the Oregon Constitution and are not intended to be subject to
the limitations established therein.
Page 2 of 3 - RESOLUTION NO. 2006-033 — Harrington Loop Road LID
Section 6. That notice be sent to property owners in a form substantially similar
to that shown in Exhibit "C" to this resolution advising owners of the Board's decision to
proceed with the construction of the proposed improvements, of its intent to impose an
assessment for said improvements, and of its intent to characterize the assessment
against benefited properties as an "assessment for local improvements" for purposes of
section 11 b, Article XI of the Oregon Constitution.
Section 7. That the Finance Director file with the County Clerk's office a notice of
intent to lien, in a form substantially similar to that shown in Exhibit "D", signed by the
Finance Director, for each property for entry in the appropriate lien docket.
DATED this gay of April, 2006.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
BEV CLARNO, VICE CHAIR
1
IAEL LY, COMMISSIONER
Page 3 of 3 - RESOLUTION NO. 2006-033 — Harrington Loop Road LID
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EXHIBIT "C"
NOTICE OF DECISION
TO PROCEED WITH IMPROVEMENTS TO
A PORTION OF HARRINGTON LOOP ROAD
AND OF INTENT
TO IMPOSE ASSESSMENTS FOR THE IMPROVEMENTS AND
TO CHARACTERIZE THE ASSESSMENTS AS NOT SUBJECT TO
THE TAX LIMITATIONS OF SECTION 11, ARTICLE XI
OF THE OREGON CONSTITUTION
Date: []
To: « NAME1»
«NAME2»
NAME3»
((ADDRESS))
((CITY)), ((ST)) ((ZIP))
Re: ((ACCOUNT)) Lot ((LOT)) Block « BLK»
Following testimony at a public hearing on April 24, 2006, and with authority of Chapter 12.48 of
the Deschutes County Code, the Board of County Commissioners signed Resolution 2006-033
which directs that a local improvement be made to a portion of Harrington Loop Road.
The County Engineer's Report, which forms the basis for the Board's decision to proceed with
the local improvement, contains a list of the lots or parcels which will be specially benefited by
the road improvement. After the improvement has been completed, each benefited property
will be assessed for its apportioned share of the improvement costs. Resolution 2006-033
describes the boundaries of the local improvement district, lists the benefited properties, and
confirms that the costs will be apportioned by the method described in the Engineer's Report.
This letter also serves as notice of the Board's intent to assess the benefited properties, listed
in Resolution 2006-033, according to the method recommended by the County Engineer and
approved in Order 2006-063. The estimated amount of the assessment for this property is
[$8,112.20, $16,224.40, $32,448.80].
Finally, this letter serves as notice of the Board's intent to characterize the proposed
assessments as "assessments for a local improvement." Assessments of properties which
receive a special benefit from a local improvement are exempt from the tax limitations of
Section 11, Article XI of the Oregon Constitution, so long as the total assessments do not
exceed the actual costs of the improvement. The Board intends to characterize the
assessment that will be made to your property as "an assessment for a local improvement"
since the County Engineer determined that your property will receive a special benefit from the
road improvement.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM BLUST, Road Department Director
(On Behalf of the Board)
EXHIBIT "D"
NOTICE OF INTENT TO LIEN (DCC 12.48.210)
HARRINGTON LOOP ROAD LOCAL IMPROVEMENT DISTRICT
Pursuant to Deschutes County Code Section 12.48.210 and Board of County Commissioners
Resolution 2006-033, dated April 24, 2006, Deschutes County, a political subdivision of the
State of Oregon, claims an intent to lien the following described real property in the amount set
forth herein for an assessment for local improvements made as part of the Harrington Loop
Road Local Improvement District (LID):
Name of Property Owner(s):
Legal Description:
Lien Amount:
«NAME1»
NAME2»
«NAME3»
NAME4»
((ADDRESS))
((CITY)), ((STATE)) ((ZIP))
((ACCOUNT))
Lot ((LOT)) Block « BLK»
[$8,112.20, $16,224.40, $32,448.801
Upon completion of the improvements, a lien for the amount of the final assessment will be
imposed on the property.
Deschutes County
By:
State of Oregon )
ss
County of Deschutes )
Martin F. Wynne, Finance Director
I certify that I know or have satisfactory evidence that Martin F. Wynne is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Finance
Director of Deschutes County to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED this day of , 2006.
Notary Public for Oregon
My Commission expires: