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2013-1097-Order No. 2013-029 Recorded 8/8/2013COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKOS 1~d i0~3'~0 ~ COMMISSIONERS' JOURNAL REVIEWED 08/08/2013 03;33;26 PM II II II IIIIIIIIIIIIIIIIIII LEGAL CO NSEL 1 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Forming the Alfalfa Fire District, Establishing the Name, Ordering that a Measure to Form the District and Authorize a Permanent Rate Limit for Operating Taxes be Placed on the November 5, 2013 General Election Ballot and Authorizing Chair Signature on Election Documents * * ORDER NO.2013-029 * * WHEREAS, pursuant to ORS 198, the Board of County Commissioners of Deschutes County, Oregon (Board") approved the formation of the Alfalfa Fire District ("District") on June 26, 2013 in Order No. 2013-023, incorporated by reference herein; and, WHEREAS, the Board finds that a permanent tax rate limit of $1.75 per $1000 assessed value is sufficient to assure adequate revenue to operate the District; and, WHEREAS, the governing body of the district shall consist of five members elected at large for four year terms; and, WHEREAS, if the District formation and permanent rate limit is approved, the election of the District Board Members shall be at the election held on November 5, 2013; .and, WHEREAS, ORS 198.810(4)(a) requires an election be held on the question of forming the District and setting a permanent rate limit and the November 5, 2013, general election is the first available election; and, WHEREAS, a Notice of County Measure Election and Explanatory Statement for the County Voters' Pamphlet must be sent to the Deschutes County Clerk no later than August 19, 2013; and, WHEREAS, ORS 198.815(1) requires the Board to cause notice of the election to be published by two insertions in a publication of general circulation in the proposed District; now, therefore. THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Alfalfa Fire District is hereby declared to be formed subject to the approval of the electors in the proposed district in the November 5, 2013 general election. Page I of 3 ORDER 2013-029 Section 2. The name of the district shall be the Alfalfa Fire 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. Section 3. The proposed Alfalfa Fire District, if formed, will have a permanent rate limit for operating taxes of $1.75 per $1,000 assessed value that will raise an estimated $101,092.00 in operating funds for the District in the 2014-2015 fiscal year. Section 4. The Alfalfa Fire District shall be authorized to take all necessary and proper steps to organize for rural fire protection for property within the district, enter into mutual aid agreements, apply for grants, train members, educate the public, purchase and maintain necessary equipment, land, and structures as required for operating a fire district and department, and provide emergency medical assistance within the district's boundaries, pursuant to ORS 478 et seq. Section 5. The Alfalfa Fire District governing body shall be elected at the election held on November 5, 2013. Section 6. In accordance with ORS 198.810(4)(a), the issue of forming the Alfalfa Fire District and authorizing the permanent rate limit for operating taxes shall be referred to the qualified electors of Deschutes County and Crook County at the November 5, 2013 general election for approval or rejection. Section 7. The Deschutes County Clerk is hereby directed to place this matter on the November 5, 2013, general election ballot. Section 8. The Board Chair is authorized to sign the Notice of County Measure Election and the Explanatory Statement. Section 9. No later than August 19, 2013, the Notice of County Measure Election and Explanatory Statement, in substantially the form set forth in Exhibit "C" and area Map as set forth in Exhibit "B," page 1, attached hereto and by reference incorporated herein, shall be submitted to the Deschutes County Clerk who shall cause the Map in Exhibit "B," page 1 to be included with the ballot for the election. Page 2 of 3 ORDER 2013-029 Section 10. Published notice of the election shall be given in substantially the form set forth in Exhibit "D," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on September 29, 2013 and October 6, 2013. ~4 Dated this day of August, 2013 AT' ' -'ST: Recording Secretary BOARD OF COUNTY COMMISSIONERS 1~76 Af 164--- - ALAN UNGER, C AIR o~~--Z~ TAMMY BANEY, VI CHAIR ANTHONY DeBONE, COMMISSIONER Page 3 of 3 ORDER 2013-029 EXHIBIT A Alfalfa Fire District Proposed Boundary Description The boundary of the Alfalfa Fire District is as follows Beginning at the Northwest corner of Section 5, Township 17 South, Range 14 East, Deschutes County; thence East to the Northeast corner of Section 4, Township 17 South, Range 15 East, Crook County; thence South to the Southeast corner of Section 9, Township 18 South, Range 15 East, Crook County, thence West to the Northeast corner of Section 16, Township 18 South, Range 14 East, Deschutes County; thence South to the Southeast I/, of the Northeast 1A of Section 16, Township 18 South, Range 14 Fast, Deschutes County, thence West through the center of Section 16 to the Southwest I/, of the Northwest 'A of Section 16, 't'ownship 18 South, Range 14 East, Deschutes County, thence North to the Northwest corner of Section 16, Township 18 South, Range 14 East, Deschutes County; thence West to the Southwest corner of the Southeast 1/4 of the Southwest 'A of Section 8, Township 18 South, Range 14 East, Deschutes County; thence North to the Northwest corner of the Northeast '/4 of the Southwest. '/a of Section 8, Township 18 South, Range 14 East, Deschutes County, thence West to the Southwest cornier of the Northwest '/4 of Section 8, Township 18 South, Range 14 East, Deschutes County; thence North to the point of beginning at the Northwest corner of Section 5, Township 17 South, Range 14 .East, Deschutes County. Exhibit A - ORDER NO. 2013-029 Page 1 Proposed Alfalfa Rural Fire Protection District J3 ,a t E l ~ I I t 3 . a U3 ' _ O j + ALPINE LN 1 r a NORSELL RD ! p ul z - m g DEER LN f w ELK LN ILL ELK LN ALFALFA MKT RD I n WILLARI] RD 2 WL1,ARD RD I } WALKER RD RlSERVOIR RI i 1 C% 1 Miles Key o 9 z 3 4 Proposed Fire District Sound 1:70,000 Exhibit B - ORDER NO. 2013-029 Deschutes Roads Page 1. crook Roads Printed: March 11, 2013 John Andersen, GIS Analyst Carrels 4 Pita. e: 322-1!02 Tbxbts Deschutes County TIM fan antkkx"v adMiwdframddtal4abbasesan 0aaelYdaacat tL 5 tan twrtgtyn in kre peatlon oftltie ys Err~ei!: }u1:r7.8'^de~5nn[ dnsctiutv5r)"9 pdSlreSg: E li: 27:h SS Crook Countv Taxlots rMrpMRRMpraridad5rsir'.tlaaettrraacountyeannotaeeaPlany . PARTITION PLAT NO. 2005»47- T.18S. R.KE.W.M. $CHUTES COUNTY ~.,..s•~.. CR n l o loo 4 i Z 3 2 1 4 I 3 2 1 4 3 2 1 4 l 3 1 2 1 i' fw.ar7 ~ se,ga~ ~ ~.c.~ ♦RSi /a IDS /e.r~ Is.ry leaoa ~•9! 4a i fiR.4B ~W,,+ ~ fo.~ ~ •n.,~~ •n.sv L_ 300 2w KJU ~i on , 3 a~ 00 ~ ra~ti Inn ~.'^~.e~"'~....... > l:e e~.s : ryff t •rn w rn EE r} 1J t ^ MAP% c _ '4I' ary. , 4~Q~ 5 fq I0o n r+~rc n+ i 1 l0 5 v~ 1 a 1000 wry ~±iz~i +r i • ,w ~ sr . . , (1-4) 18 I 17 I ` SR t , Re, I0 1200 ;u.swc , .1 loo .9 # a,swc 15 11.4 Exhibit B - ORDER NO. 2013-029 Page 2 - Notice of County Measure Election SEL 801 rnz oasao.oas.ao.oa~, aso,n5.75n.im, ~sa.ncs County and Notice Information Notice is hereby given on August 6 20 13 , that a measure election will be held in Deschutos County and a portion of Crook County, Oregon on 11 /05/13 20 - Name of County or Counties Datu of Election The following shall be the ballot title of the measure to be submitted to the county's voters. Caption 10 words TO FORM A FIRE DISTRICT AND ESTABLISH TAX RATE LIMIT Question 20 words Shall Alfalfa Fire District be formed with a permanent rate limit of $1.75 per $1,000 assessed value beginning 2014-20157 Summary 175 words A fire district would be established in the Alfalfa area of Deschutes County and extending into a small portion of Crook County, The name of the district will be the Alfalfa Fire District, The purpose of the district will be to organize for rural fire protection for property within the district, enter into mutual aid agreements, apply for grants, train members, educate the public, purchase and maintain necessary equipment, land, and structures as required for operating a fire district and department, and provide emergency medical assistance, If approved, this measure would authorize the district to tax properties within the district for the above listed services at a maximum permanent tax limit of $1.75 per $1,000 assessed value and is estimated to raise $101,092,00 in operating funds for the District beginning in the 2014-2015 tax year. (Map of the proposed district will accompany the ballots.) The following authorized county official hereby certifies the above ballot title is true and the ballot title challenge procoss has been completed. Signature of Authorized County official not required to be notarized Alan Unger Printed Name of Authorized County Official Date Signed mm/dd/yy Chair, Deschutes County Board of County Commissioners Title Exhibit C - ORDER NO. 2013-029 Page I EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET 2013 Ballot Title Caption: TO FORM FIRE DISTRICT AND ESTABLISH PERMANENT TAX RATE LIMIT Measure Number: Word Total (500) Maximum 355 The proposed Alfalfa Fire District would include the area located generally in the Alfalfa area of Deschutes County and a small portion of Crook County. The purpose of the proposed special fire district, when fully functional, authorized by ORS Chapter 478, is to organize for rural fire protection for property within the district, enter into mutual aid agreements, apply for grants, train members, educate the public, purchase and maintain necessary equipment, land, and structures as required for operating a fire district and department, and provide emergency medical assistance. Funds for operating the district will be provided by levying taxes on all real property within the district as well as possible grants or loans. The governing body shall consist of five members elected from the District at large for four-year terms with the first members having staggered terms. The first board of directors shall be elected in this same election, If approved by the voters, although the district will form in 2013, the District cannot levy taxes until the 2014-2015 tax year. Prior to the 20142015 tax year, the District will likely seek revenues from other sources such as grants and tax anticipation notes. If approved, the measure would authorize the district to tax properties within the district for the above listed services at a maximum permanent tax limit of $1.75 per $1,000 assessed value and is estimated to raise $101,092.00 in operating funds for the District in the first year. The District, however, need not levy the full amount of the permanent tax rate in any given year. The District governing body will determine the amount to levy each year based upon the fiscal budget approved each year by the district budget committee consisting of the District governing body and three electors from the District appointed by the District governing body. The district budget committee and, with a few exceptions, district meetings will be open to the public. The estimated first year, which shall be the 2014-2015 tax year, ad valorem tax levy is $1.75 per $ 1,000 assessed value and is expected to raise $101,092.00 in operating funds for the District in the first year. Person responsible for the content of the Explanatory Statement: (Typed) Alan Unjaer, Chair Board of_County Commissioners (Signed) Deschutes Count Board of Count Commissioners Name of the Governing Body the person represents Exhibit C - ORDER NO. 2013-029 Page 2 NOTICE OF ELECTION ON FORMATION AND RATE LIMIT ALFALFA FIRE DISTRICT Pursuant to ORS 198.815(1), the notice is hereby given that on November 5, 2013, an election will be held within the boundaries of the proposed Alfalfa Fire District on whether to approve formation of the district and a rate limit of $1.75 per $1,000 assessed value for operating taxes. The purpose of the district will be to organize for rural fire protection for property within the district, enter into mutual aid agreements, apply for grants, train members, educate the public, purchase and maintain necessary equipment, land, and structures as required for operating a fire district and department, and provide emergency medical assistance. All persons registered to vote within the boundaries of the proposed district are eligible to vote on this measure. The proposed district includes territory within Deschutes County and a portion of Crook County. The boundaries of the district will be shown on a map in the voter's pamphlet received by voters with the boundaries of the proposed district. A map of the proposed district is also available from the office of the Deschutes County Clerk. Exhibit.D - ORDER NO. 2013-029 Page 1