2006-1042-Order No. 2006-166 Recorded 12/7/2006REVIE ED
L GAL COUNSEL
DESCHUTES COUNTY CLERKDS CJ 2446-1442
NANCY
COMMISSIONERS' JOURNAL
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Cagle Road Local
Improvement District within Deschutes County,
Oregon.
ORDER NO. 2006-166
WHEREAS, on August 30, 2006, the Board of County Commissioners of Deschutes County, Oregon, initiated
by Resolution 2006-116, the improvement of a certain dedicated road known as Cagle Road 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 Cagle Road 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 Dabandonmmeen_t to all petitioners mailed to the addresses provided in the petition.
DATED this ~ - day of(d , 2006.
BOARD OF CO TY COMMISSIONERS
OF DESCFV'f`COUNTY, OREGON
ATTEST:
$ZWAJ~, 51~0-k
Recording Secretary
R. L
BEV CUARNO, VICE CH IR
MIC AEL M. DALY, MISSIONER
Page 1 of 1- Order No. 2006-166
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A
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Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: Michael Barta, Design Engineer
DATE: November 21, 2006
SUBJECT: Cagle Road LID
BACKGROUND
On August 30, 2006 the Board of County Commissioners (BOCC) formed the Cagle
Road 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 27, 2006. The results are as follows:
VOTES IN FAVOR
VOTES AGAINST
DID NOT VOTE
EXHIBIT "A"
8 Ballots
22%
13 Ballots
35%
16 Ballots
43%
Deschutes County Code #12.48.166(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 Cagle Road 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