2006-1068-Order No. 2006-178 Recorded 12/27/2006COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2006.1068
REVIE D COMMISSIONERS' JOURNAL 12/27/2006 01,15,28 PM
LEGAL COUNSEL ~~IIIIIIIIIIIIIIIII
I I I I I I I I I I
2006-3068
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Abandoning Apache Road Local
Improvement District within Deschutes County,
Oregon.
ORDER NO. 2006-178
WHEREAS, on August 30, 2006, the Board of County Commissioners of Deschutes County, Oregon, initiated
by Resolution 2006-117, the improvement of a certain dedicated road known as Apache 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 Apache 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 abandonment to all petitioners mailed to the addresses provided in the petition.
DATED this 97day of ! Va , 2006.
BOARD OF C NTY COMMISSIONERS
OF DESC S COUNTY, OREGON
DE PIS R. LUKE, CHAIR
ATTEST:
Recording Secretary
-
BEV CLARNO, VICE CHAIR
M. DALY, COMMIS$IONER
Page 1 of 1- Order No. 2006-178
~JTES c
l , A"A Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX [541) 388-2719
MEMORANDUM
TO:
BOARD OF COUNTY COMMISSIONERS
FROM:
GEORGE KOLB, COUNTY ENGINEER
SUBJECT:
ABANDONMENT OF APACHE ROAD LID
DATE:
12/11/2006
BACKGROUND
On August 30, 2006, the Board of County Commissioners (BOCC), through Resolution
2006-117, initiated proceedings for the Apache Road Local Improvement District (LID) and
ordered the Road Department to complete a feasibility report concerning this LID. The
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 November
27, 2006. The results of the mail poll are as follows:
YES 36 votes 30 % (by County Code, 60% must vote yes)
NO 35 votes 39%
DID NOT VOTE 50 votes 41%
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 Apache Road LID. If
the BOCC decides to abandon this LID, State statute prevents another Local Improvement District
petition from being filed for a period of one year. The Board of County Commissioners have also
declared a moratorium on LID's per Resolution 2006-049 which means that no new LID's will be
allowed until the moratorium is removed.
EXHIBIT "N' Quality Services Performed with Pride
Page 1 of 1