Loading...
2019-308-Resolution No. 2019-037 Recorded 7/16/2019Recorded in Deschutes County CJ2019-308 Nancy Blankenship, County Clerk 07/16/2019 2:24:57 PM REVIEWED Commissioners' Journal LEGAL COUNSEL `�`rJTEs C�C�a II I I I II II IIII II I II I II II I I III III " 2019-308 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Setting a Public Hearing for the " Proposed Jurisdictional Surrender of Old RESOLUTION NO. 2019-037 Main Ct to the City of La Pine, Oregon Pursuant to ORS 373.270. WHEREAS, by La Pine Resolution No. 2019-10, attached hereto as Exhibit "A" and by this reference incorporated herein, the City of La Pine has requested surrender of jurisdiction of Old Main Ct located within the La Pine city limits as depicted in Exhibit "B" attached hereto and by this reference incorporated herein; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That on Wednesday, August 7, 2019, 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 Old Main Ct 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" attarhed herptn 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 10 day of l 2019. PAGE 1 OF 1- RESOLUTION No. 2019-037 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY OREGON ±�� 0 � PHILIP G. OrNDERSON, Chair lU. 'i XILU PATTI ADAIR, Vice Chair ANTHONY DEBONE, Commissioner RESOLUTION NO. 2019-10 A RESOLUTION REQUESTING DESCHUTES COUNTY SURRENDER JURISDICTION OVER OLD MAIN COURT. WHEREAS, Deschutes County ("County") presently holds jurisdiction over Old Main Court as generally depicted on Exhibit A attached hereto and incorporated herein by this reference Old Main Court, which is 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 of 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 Old Main Court to the City. NOW, THEREFORE, BE IT RESOLVED, by and through the Council meeting in regular session, the following: 1. The above -stated findings contained in this Resolution are hereby adopted. 2. Surrender Request. The City Council hereby requests the County surrender jurisdiction over Old Main Court and initiate the process to transfer jurisdiction of Old Main Court 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, ADOPTED, AND MADE EFFECTIVE by t4e-La..2' City Cosi n Ju e I 12,201 Daniel Richer, Mayor ATTEST: Melissa Bethel, City Manager RESOLUTION NO. 2019-037 EXHIBIT A - PAGE 1 OF 1 r Ile g ` AREA OF JURISDICTIONAL SURRENDER CITY OF LA PINE JURISDICTIONAL SURRENDER OLD MAIN CT RESOLUTION NO. 2019-037 EXHIBIT B - PAGE 1 OF 1 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 7, 2019, 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 Old Main Ct located within the La Pine city limits. Persons interested in obtaininq 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 _deschutes.orq. cities. ORS 373.270 provides authority for transferring jurisdiction over county roads within BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Philip G. I-derson, Chair POSTED: Deschutes Services Building, July 17, 2019 La Pine City Hall, July 17, 2019 Deschutes County Road Department, July 17, 2019 RESOULTION NO. 2019-037 EXHIBIT C - PAGE 1 OF 1