2019-356-Order No. 2019-030 Recorded 8/8/2019Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2019-356
REVIEWED Commissioners'Journal 08/08/2019 3:35:18 PM
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2019-356
For Recoraing otamp viny
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Surrendering the Jurisdiction of Old
Main Ct to the City of La Pine, Oregon ORDER NO. 2019-030
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;
WHEREAS, 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 held 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;
WHEREAS, the Board of County Commissioners finds that it is in the public interest to surrender
jurisdiction and accept the request set forth in La Pine Resolution No. 2019-10, dated the 12th day of
June, 2019; 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 8, 2019, the Board of County Commissioners
hereby surrenders jurisdiction of Old Main Ct as depicted in Exhibit "B" attached hereto to the City of La
Pine.
Section 2. From and after 12:00 AM, August 8, 2019, Old Main Ct as depicted in Exhibit "B"
attached hereto shall be under the jurisdiction of the City of La Pine.
PAGE 1 OF 2- ORDER No. 2019-030
DATED this 7th day of August, 2019.
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDER No. 2019-030
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PH LIP G. HE EIlSON, Chair
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 th,e-La-Ri City Co�s�s n 1u e 12, 201
Daniel Richer, Mayor
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Melissa Bethel, City Manager
EXHIBIT A - ORDER 2019-030
PAGE 1 OF 1
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AREA OF JURISDICTIONAL
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CITY OF LA PINE
JURISDICTIONAL SURRENDER
OLD MAIN CT
EXHIBIT B - ORDER 2019-030
PAGE 1 OF 1
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o 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 BOCC Wednesday Meeting of August 7, 2019
DATE: July 22, 2019
FROM: Cody Smith, Road Department,
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Board Consideration of Order No. 2019-030, Surrendering Jurisdiction
of Old Main Ct to the City of La Pine, Oregon
RECOMMENDATION & ACTION REQUESTED:
Motion for approval of Order No.2019-030, Surrendering Jurisdiction of Old Main Ct to the
City of La Pine, Oregon.
BACKGROUND AND POLICY IMPLICATIONS:
The City of La Pine has submitted a request to the County to surrender jurisdiction of Old Main
Ct, an unimproved County road within the city limits of La Pine. City has requested the
transfer to allow for a subsequent vacation of the road right of way by the City to facilitate a
proposed private development.
In accordance with ORS 373.270 and Resolution No. 2019-037, a Public Hearing is being held
on August 7, 2019 for interested parties to offer testimony regarding the requested
jurisdictional transfer. Upon closing the public hearing, the Board will consider Order No.
2019-030, which will surrender jurisdiction of Old Main Ct to the City of La Pine.
FISCAL IMPLICATIONS: None
ATTENDANCE: Cody Smith, County Engineer