2006-1043-Order No. 2006-164 Recorded 12/7/2006DESCHUTES COUNTY CLERKDS CJ 2006.1043
REVD ED NANCY COMMISSIONERS' JOURNAL
/ W- 12/07/2006 01:12:20 PM
LEGAL COUNSEL 111111111111111111111111111111111
2006-1043
I
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Parkway and Cornell
Local Improvement District within Deschutes
County, Oregon.
ORDER NO. 2006-164
WHEREAS, on August 30, 2006, the Board of County Commissioners of Deschutes County, Oregon, initiated
by Resolution 2006-119, the improvement of a certain dedicated road known as Parkway and Cornell; 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 Parkway and Cornell 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 ~ day of 2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCHJJTES COUNTY, OREGON
ATTEST:
(IF Recording Secretary
NI,$ R. LUKE, CL(AIR
BEV CLARNO, VICE CHAI
MICHAEL M. DALY, C MISSIONER
Page 1 of 1- Order No. 2006-164
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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: Parkway & Cornell LID
BACKGROUND
On August 30, 2006 the Board of County Commissioners (BOCC) formed the Parkway
& Cornell 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 19, 2006. The results are as follows:
VOTES IN FAVOR
VOTES AGAINST
DID NOT VOTE
EXHIBIT "A"
11 Ballots
21%
27 Ballots
52%
14 Ballots
27%
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 Parkway &
Cornell 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.
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