2010-20-Order No. 2010-008 Recorded 1/12/2010COUNTY
RE IEWED NANCYUBLANKENSHIP,FCOUNTY CLERKS yd 2010-20
COMMISSIONERS' JOURNAL 01112/2010 10;41;49 AM
LEGAL COUNSEL 11111111II~IIIIIIIIIIIII !III
2010-20
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Formation of the
Pinewood Country Estates Special Road
District, Establishing the Name and
boundaries of the Proposed District and
Setting a Final Hearing Date
ORDER NO. 2010-008
WHEREAS, the formation of the Pinewood Country Estates Special Road District was duly
initiated by the Board of County Commissioners of Deschutes County, Oregon ("Board") on November
30, 2009; and,
WHEREAS, an initial hearing on the proposed formation was duly noticed and held on
November 30, 2009 for the Board to hear any objections thereto, and to determine whether, in
accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals and
the criteria prescribed by ORS 199.462 and 198.805, the affected area would be benefited by the
formation of a County District under ORS 267.510 et seq.; and
WHEREAS, after consideration of economic, demographic and sociological trends and
projections pertinent to the proposal, past and prospective physical developments of the land that
would directly or indirectly be affected by the proposal, and all other matters considered to be relevant
to the proposed district formation, the Board believes that the area would be benefited by the
formation of a Special District under ORS 267.510 et seq.; and
WHEREAS, the proposed Pinewood Country Estates Special Road District, if formed, will
have a permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an
estimated $12,598.00 in operating funds for the District in the 2011-2012 fiscal year, which will require
an election on the question of formation and establishment of the permanent rate limit; and,
WHEREAS, notice was published and posted listing the name of the proposed district as the
Pinewood Country Estates Special Road District, the Board desires to designate the name of the
district as the Pinewood Country Estates Special Road District; and
WHEREAS, ORS 198.810(2) requires the Board to fix a place, and a time not less than 20 nor
more than 50 days after the date of the order, for a final hearing on the petition and February 3, 2010
is the first available date that complies with the statutory requirements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
orders as follows:
Section 1. That the formation of the Pinewood Country Estates Special Road District be
approved.
Section 2. That the name of the proposed special district shall be the Pinewood Country
Estates Special Road District and the boundaries shall be as legally described in Exhibit "A" and
depicted on the map Exhibit "B", both exhibits being attached hereto and by this reference
incorporated herein.
Page 1 of 2 - ORDER NO. 2010-008 (01/06/10)
Section 3. That the proposed Pinewood Country Estates Special Road District, if formed, will
have a permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an
estimated $12,598.00 in operating funds for the District in the 2011-2012 fiscal year.
Section 4. That the Pinewood Country Estates Special Road District shall be authorized to
take all necessary and proper steps to construct, improve and maintain the public roads contained
within the district's boundaries and engage in the powers of the district authorized by ORS 371.336.
Section 5. That the final hearing regarding formation of the service district shall be held at
10:00 am on Wednesday, February 3, 2010 in the Hearing Room of the Deschutes County Services
Building at 1300 NW Wall Street, Bend, Oregon.
Section 6 . Notice of Hearing shall be given in substantially the form set forth in Exhibit "C",
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin January 17, 2010 and January 27, 2010, and posted on
January 17, 2010 in three public locations within the county as follows: One notice shall be posted on
or near the doors of the meeting room of the Board of County Commissioners; one notice upon any
official bulletin board customarily used for the purpose of posting public notices within the county; and
one notice shall be posted upon any official public bulletin board customarily used for the purpose of
posting public notices within the proposed district. Notices posted shall be for not less than five (5)
consecutive days.
Section 7 . That the proposed formation complies with the applicable land use criteria and the
Board adopts as is its findings relating to that criteria Exhibit "D", attached hereto and incorporated
herein by reference.
Section 8 . At the time of the final hearing, the Board will enter its final order directing the
County Clerk to hold an election on the question of forming the proposed district and the
establishment of a permanent tax rate limit.
//~~.h
Dated this -clay of January, 2010
ATTEST:
li,~,
Recording Secretary
BOARD O COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE-CHAIR
TAMMY BANEY, COMAAaSSIONER
Page 2 of 2 - ORDER NO. 2010-008 (01/06/10)
Legal Description of the territory proposed to be included in the Pinewood Country
Estates Special Road District:
All of the lots, blocks and roads in the official plat of Pinewood Country Estates
(originally platted at Sitkum Acres) in Section 36, Township 20 South, Range 10 E.
Willamette Meridian, Deschutes County, Oregon EXCEPTING THEREFROM Lot 5,
Block 3 of Pinewood Country Estates and that portion of Maple Drive therein encircled
by said Lot 5.
Page 1 of 1 - Exhibit A of Order No. 201.0-008
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Page 1 of 1 - Exhibit B of Order No. 2010-008
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NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed formation of the Pinewood Country Estates Special
Road District will be held on Wednesday, February 3, 2010, at 10:00 a.m. in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
To view the map and legal description of the boundaries of the proposed annexation, contact
the Deschutes County Counsel's Office at 388-6623.
The proposed formation shall be referred to as the "Pinewood Country Estates Special Road
District." The purpose of the proposed district is to construct, improve and maintain the public
roads contained within the district's boundaries and engage in the powers of the district
authorized by ORS 371.336.
The proposed Pinewood Country Estates Special Road District, if formed, will have a
permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an
estimated $12,598 in operating funds for the District in the 2010-2011 fiscal year.
All interested persons may appear and be heard. Upon conclusion of this final hearing, the
Board will enter its order creating the district and directing the issue of the district formation and
tax rate to be placed on the May 18, 2010 ballot for a vote by the electors of the proposed
district.
Deschutes County conducts public meetings in locations which are wheelchair accessible.
Deschutes County also provides reasonable accommodations for persons with disabilities. For
persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the
State transfer relay service for TTY. At meetings of the Board of County Commissioners the
county will provide an interpreter for hearing impaired persons who give at least 48 hours notice
of the request. Written information will be made available in large print or audio format. To
request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
Page, 1 of 1 - Exhibit C of Order No. 2010-008
,-(ES
Community Development Department
O Planning Division • Building Safety Division • Environmental Health Division
117 NW Lafayette Avenue • Bend, Oregon • 97701-1925
(541) 388-6575 - FAX (541) 385-1764
MEMORANDUM http://ww- i.do.deschutes.or.us/cdd/
DATE: December 9, 2009 1 'vg
TO: Georgia Springer, Legal Assistant
FROM: Paul Blikstad, Senior Planner
RE: Formation of Pinewood Estates Special Road District, Your File No. 16/5-
002
The Deschutes County Comprehensive Plan, which is acknowledged to be in
compliance with the Statewide Planning Goals, encourages the formation of special
service districts to serve rural needs.
Under the Public Facilities section of the County Comprehensive Plan, General Policies,
is the following policy:
5. Deschutes County shall encourage the formation of special service
districts to serve rural needs rather than becoming involved with
serving those needs. The County will foster coordination and
mutual planning between the County, special districts, utility
companies and service corporations. This shall include common
trenching where appropriate.
Road Districts are an important aspect of rural development. Many lots and parcels
have uee~. creaie~i in ueschuiea Couniy, prior io Statewide coning F gulations, without
benefit of having improved and maintained roads. These road districts promote both
better roads and maintenance of those roads, as well as provide improved emergency
access. Staff finds that the proposed Pinewood Estates Special Road District is
consistent with the County Comprehensive Plan and Statewide Planning Goals.
Page 1 of'] - Exhibit D of Order No. 2010-008
Quality Services Performed with Pride