2017-548-Order No. 2017-028 Recorded 8/24/2017REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2017-548
Nancy Blankenship, County Clerk
Commissioners' Journal 08/24/2017 12:00:09 PM
11111111111111111111111111112u
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Surrendering the Jurisdiction 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. 2017-028
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, and
WHEREAS, 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 held 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.
WHEREAS, the Board of County Commissioners finds that it is in the public interest to surrender
jurisdiction and accept the request set forth in Resolution No. 2017-10 dated the 28th day of June, 2017
of the City of La Pine; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That effective as of 12:00 AM, August 10, 2017, the Board of County Commissioners
hereby surrenders jurisdiction of all of Whitney Road and a portion of Wendy Road as depicted in Exhibit
"B" attached hereto to the City of La Pine.
Section 2. From and after 12:00 AM, August 10, 2017, all of Whitney Road and a portion of
Wendy Road as depicted in Exhibit "B" attached hereto shall be under the jurisdiction of the City of La
Pine.
PAGE 1 OF 2- ORDER No. 2017-028
DATED this (3 day of
ATTEST:
PAGE 2 OF 2- ORDER NO. 2017-028
, 2017.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice hair
Y./41®
PHILIP G. HEfERSON, Commissioner
EXHIBIT "A"
ORDER 2017-027
RESOLUTION NO. 2017-10
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.
APPROVED and ADOPTED by the La Pine City Co
ATTEST:
Cor
1- RESOLUTION NO. 2017-10
{14323172-00833921;2}
phis 28th day of Jury j2017.
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 "B"
ORDER 2017-027
Area of Jurisdictional
Transfer
LOCATION MAP
SCALE: NTS
-< Deschutes County Board of Commissioners
1300 NW Wall 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 August 9, 2017
DATE: July 3, 2017
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Board Consideration of Signature of Order No. 2017-028, Surrendering
Jurisdiction of All of Whitney Road and a Portion of Wendy Road to the City of La Pine,
Oregon
PUBLIC HEARING ON THIS DATE?: Yes
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. A Public
Hearing will be held on August 9, 2017. Subsequent to the public hearing, the Board will be
presented with this order of jurisdictional surrender 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. 2017-028, Jurisdictional Surrender of All of
Whitney Road and a Portion of Wendy Road to the City of La Pine, Oregon .