2017-400-Order No. 2017-027 Recorded 7/25/2017REVIEWED
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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"
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WENDY ROAD AND WHITNEY ROAD
JURISDICTIONAL TRANSFER
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EXHIBIT "B"
ORDER 2017-027
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Area of Jurisdictional
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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.