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2017-400-Order No. 2017-027 Recorded 7/25/2017REVIEWED rtA- LEGAL COUNSEL Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal 07/25/2017 9:38:19 AM CJ2017-400 1111111111111111111111111111IA For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Setting a Public Hearing for the Proposed Jurisdictional Surrender of all of Whitney Road and a portion of Wendy Road to the City of La Pine, Oregon Pursuant to ORS 373.270. * * ORDER NO. 2017-027 WHEREAS, by Resolution 2017-10, attached hereto as Exhibit "A" and by this reference incorporated herein, the City of La Pine has requested surrender of jurisdiction of all of Whitney Road and a portion of Wendy Road located within the La Pine city limits as depicted in Exhibit "B" attached hereto and by this reference incorporated herein; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That on Wednesday, August 9, 2017, at 10:00 A.M. in the Barnes and Sawyer Rooms of the Deschutes Services Center, 1300 NW Wall Street, Bend, Oregon, the Board of County Commissioners will hold a hearing to determine whether jurisdiction over all of Whitney Road and a portion of Wendy Road, located within the La Pine city limits as depicted in Exhibit "B" attached hereto, will be surrendered to the City of La Pine. Section 2. Notice of said hearing, in substantially the form marker Exhibit "C" attached hereto and by this reference incorporated herein, shall be posted in no less than three (3) public places, including within the city limits of La Pine, for no less than 20 calendar days before the hearing. DATED this a day of Ju,1 Reegaing Secret'ry PAGE 1 OF 1- ORDER No. 2017-027 , 2017. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair') ANTHONY DEBONE, Vice Chair f\i‘‘ PHILIP G. HENDSON, Commissioner EXHIBIT "A" ORDER 2017-027 RESOLUTION NO. 2017-1,0 A RESOLUTION REQUESTING DESCHUTES COUNTY SURRENDER JURISDICTION OVER WHITNEY ROAD AND A PORTION OF WENDY ROAD TO THE CITY OF LA PINE. WHEREAS, Deschutes County ("County") presently holds jurisdiction over Whitney Road and a portion of Wendy Road as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Transfer Roads"), which are located within the City of La Pine ("City") city limits; and WHEREAS, ORS 373.270 permits counties to initiate the transfer of jurisdiction over county roads within a city to such city upon the request of the governing body of such city; and WHEREAS, the City and County have discussed terms and conditions of the transfer of jurisdiction over the Transfer Roads to the City, including that the County will continue to maintain the Transfer Roads, which are to be memorialized in an intergovernmental agreement between the City and County; and WHEREAS, the La Pine City Council ("City Council") desires for the County to surrender jurisdiction and initiate the process to transfer jurisdiction of the Transfer Roads to the City. NOW, THEREFORE, the City of La Pine resolves as follows: 1. Findings. The above -stated findings are hereby adopted. 2. Surrender Request. The City Council hereby requests that the County surrender jurisdiction over the Transfer Roads and initiate the process to transfer jurisdiction of the Transfer Roads to the City. 3. Severability: Effective Date. The provisions of this resolution are severable. If any section, subsection, sentence, clause, and/or portion of this resolution is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (a) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (b) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this resolution. This resolution will be in full force and effect from and after its approval and adoption. ATTEST: APPROVED and ADOPTED by the La Pine City Co ie Cor>, M>•ISley, S4ty /G anager 1- RESOLUTION NO. 2017-10 {14323172-00833921;2} rfhis 28`h day of Ju Dennis Scott, Mayor Exhibit A Depiction of Transfer Roads [attached] EXHIBIT A {14323172-00833921;2) EXHIBIT "A" ORDER 2017-027 JURISDICTIONAL TRANSFER WENDY ROAD AND WHITNEY ROAD EXHIBIT "A" ORDER 2017-027 EXHIBIT "A" / I . i 7; (,',. , , I V, + Area or Jurisdietipnal 72 -''' , f! ,,,,y,1 / Traasfer' I .., LOCATION MAP SCALE: NTS 1,1OR it w 0 1 4." WENDY ROAD AND WHITNEY ROAD JURISDICTIONAL TRANSFER re EXHIBIT "B" ORDER 2017-027 Cr I t4:1 gi Area of Jurisdictional Transfer NEYRD LOCATION MAP SCALE: NTS NORTH LA EXHIBIT "C" ORDER 2017-027 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON NOTICE OF JURISDICTIONAL TRANSFER HEARING NOTICE IS HEARBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON WEDNESDAY, AUGUST 9, 2017, AT 10:00 A.M. IN THE BARNES AND SAWYER ROOMS OF THE DESCHUTES SERVICES CENTER, 1300 NW WALL STREET, BEND, OREGON ON THE PROPOSED JURISDICTIONAL TRANSFER DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD. Deschutes County has received a request from the City of La Pine, Oregon for the surrender of jurisdiction of all of Whitney Road and a portion of Wendy Road located within the La Pine city limits. Persons interested in obtaining more detailed information or a map of the proposed vacation may contact the Deschutes County Road Department, 61150 SE 27th Street, Bend, Oregon 97701, Phone: (541) 388-6581, Email: road(c deschutes.orq. cities. ORS 373.270 provides authority for transferring jurisdiction over county roads within BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON CH k(/ TAMMY BANEY, Chair POSTED: Deschutes Services Building, July 12, 2017 La Pine City Hall, July 12, 2017 Deschutes County Road Department, July 12, 2017 Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner Deschutes County Board of Commissioners 1300 NW WaII St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of July 12, 2017 DATE: July 3, 2017 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: Board Consideration of Signature of Order No. 2017-027, Setting a Public Hearing for the Proposed Jurisdictional Surrender of All of Whitney Road and a Portion of Wendy Road to the City of La Pine, Oregon PUBLIC HEARING ON THIS DATE?: No BACKGROUND AND POLICY IMPLICATIONS: Whitney Road and Wendy Road are both part of the County road system and lie within the city limits of La Pine. The City of La Pine is currently reviewing a land use application that includes vacating Whitney Road and a portion of Wendy Road to accomodate a proposed development of adjacent properties. Pursuant to ORS 368.326(1), the County cannot unilaterally vacate public roads within the City's limits. After collaborating with City staff, County staff determined that the best method to implement the vacation is to transfer jurisdiction of Whitney Road and a portion of Wendy Road to the City pursuant to ORS 373.270 to then allow the City to vacate the roads. The City has submitted a request to the County to surrender jurisdiction of the roads. Order #2017-027 will set the public hearing for the jurisidictional surrender for August 9, 2017. Subsequent to the public hearing, the Board will be presented with Order #2017-028, an order to surrender jurisdiction, and Document #2017-456, an intergovernmental agreement with the City agreeing to the transfer and agreeing that the County will maintain the transferred roads until the City completes the vacation process. FISCAL IMPLICATIONS: None. ATTENDANCE: Cody Smith, County Engineer RECOMMENDATION & ACTION REQUESTED: Move for approval of Board Signature of Order No. 2017-027, Setting a Public Hearing for the Proposed Jurisdictional Surrender of All of Whitney Road and a Portion of Wendy Road to the City of La Pine, Oregon for August 9, 2017, and for approval of Chairman signature of Notice of Jurisdictional Transfer Hearing.