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2006-1041-Order No. 2006-167 Recorded 12/7/2006REVIE ED L GAL OUNSEL` DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 111111111111111111111111111 III 2006-1041 CLERKDS CJ 2006'1041 12/07/2006 01:12:20 PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Abandoning Sunrise Boulevard Local Improvement District within Deschutes County, Oregon. ORDER NO. 2006-167 WHEREAS, on August 30, 2006, the Board of County Commissioners of Deschutes County, Oregon, initiated by Resolution 2006-118, the improvement of a certain dedicated road known as Sunrise Boulevard Local Improvement District; 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 Sunrise Boulevard Local Improvement District is hereby declared abandoned and no new petition may be filed until the current moratorium is lifted. 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 L6ay of J~2 U*t*t , 2006. BOARD OF C Y COMMISSIONERS OF DESC COUNTY, OREGON EMMS R. LUKE, CH IR ATTEST: y I' . &7"ji (Fb Recording Secretary BEV CL"ARNO, VICE CHA 41~// r ICHAEL M. DALY, C MISSIONER Page 1 of 1- Order No. 2006-167 0- TES CkA"A EXHIBIT "A" Y 2 f A W 01 Road Department 61150 SE 27th St. • Bend, Oregon 97702 (5411388-6581 • FAX (541) 388-2719 TO: Board of County Commissioners FROM: Michael Barta, Design Engineer DATE: November 21, 2006 SUBJECT: Sunrise Boulevard LID BACKGROUND On August 30, 2006 the Board of County Commissioners (BOCC) formed the Sunrise Boulevard Local Improvement District (LID) and ordered the Road Department to investigate. A feasibility study completed by the Road Department found that this project was possible and referred the findings to the 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 October 29, 2006. The results are as follows: VOTES IN FAVOR VOTES AGAINST DID NOT VOTE 91 Ballots 35.3% 76 Ballots 29.4% 91 Ballots 35.3% Deschutes County Code #I 2.48.166(B) states that "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 land representing at least 60 percent of the total amount of the estimated assessment for the proposed local improvement." RECOMMENDATION Since the approval rating was less than 60 percent by the property owners, the Road Department recommends that the BOCC adopt an Order to abandon the Sunrise Boulevard LID. If the BOCC decides to abandon this LID, no new petition for an LID can be filed for at least a one-year period. Quality Services Performed with Pride