2020-282-Order No. 2020-042 Recorded 8/6/2020REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2020-282
Commissioners' Journal 08/06/2020 8:37:59 AM
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2020-282
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHHUTES COUNTY, OREGON
An Order Calling an Election to Annex Land into * ORDER NO. 2020-042
West La Pine Livestock District
WHEREAS, on or about May 21, 2019 and June 14, 2019, the Board of County Commissioners of
Deschutes County (the "Board") received two petitions (the "Petitions") to annex land into the West La Pine
Livestock District (the "District"), as referenced in Orders 2020-018 and 2020-19; and
WHEREAS, the Board held a duly noticed public hearing on July 15, 2020 and August 5, 2020 pursuant
to Oregon Revised Statutes 607.013 (2017), which statute governs the Petitions because they were filed with the
County and pending before the January 1, 2020 effective date of the 2019 Act revising applicable state law; and
WHEREAS, at that hearing any interested person had the opportunity to appear and present evidence
relating to the Petitions and the Board heard and considered all such testimony and evidence in deciding whether
the District's boundaries should be changed;
Now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. An election will be held on the next general election day of November 3, 2020. At such
election, those voters registered within the proposed annexation area described in Order 2020-18 (and also
described and shown in Exhibit A hereto) shall vote whether to annex the area described in Order 2020-18 into
the West La Pine Livestock District. A "yes" vote shall constitute the voter's approval of the annexation. A "no"
vote shall constitute the voter's disapproval of the annexation. If a majority of all votes cast approve of the
annexation, the area of land described in Order 2020-18 will be annexed into the District.
Section 2. An election will be held on the next general election day November 3, 2020. At such
election, those voters registered within the proposed annexation area described in Order 2020-19 (and also
described and shown in Exhibit B hereto) shall vote whether to annex the area described in Order 2020-19 into
the West La Pine Livestock District. A "yes" vote shall constitute the voter's approval of the annexation. A "no"
vote shall constitute the voter's disapproval of the annexation. If a majority of all votes cast approve of the
annexation, the area of land described in Order 2020-19 will be annexed into the District if the annexation
described in Section 1 of this Order is approved by the voters. Notwithstanding any other provision of this
Order, the election described in this Section 2 will not be effective, and the area described in Order 2020-19 will
not be annexed into the West La Pine Livestock District, unless annexation of the area described in Section 1 of
this Order is approved by the voters.
PAGE 1 OF 2- ORDER No. 2020-042
Section 3. Both elections shall be conducted in accordance with applicable provisions of ORS Chapters
255 and 607.
Section 4. The purpose of the elections is to annex areas of land into the District, so as to make
it unlawful for horses and cattle to run at large within such areas.
Dated this of , 2020 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ATTEST"ecre:t�ar�y
in
PAGE 2 OF 2- ORDER No. 2020-042
ANTHONY DeBONE, ViceCAgir
Commissioner
LEGAL DESCRIPTION OF AREA PROPOSED
FOR SOUTHERN EXPANSION OF THE WEST LA PINE LIVESTOCK DISTRICT
FROM MASTEN ROAD TO THE SOUTHERN DESCHUTES COUNTY BOUNDARY
The entire expansion area lies entirely within Deschutes County along with the
existing West La Pine Livestock District
All of the properties described below:
Township 22 S., Range 9 E. W. M., that portion Section 25 east of
the Little Deschutes River
Township 22 S., Range 9 E. W. M. that portion of Section 36, east
The Little Deschutes River
Township 22, S. Range 10 E. W. M., that portion of Section 28 west
of Highway 97
Township 22 S., Range 10, E. W. M., that portion of Section 32 west
of Highway 97
Township 22 S., Range 10, E. W. M., that portion of Section 33 west
of Highway 97
Township 22 S. Range 10, E. W. M. Section 29
Township 22 S. Range 10, E. W. M. Section 30
Township 22 S. Range 10, E. W. M. Section 31
EXHIBIT PAGE�_
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LEGAL DESCRIPTION OF AREA PROPOSED
FOR SOUTHERN ANNEXATION OF THE WEST LA PINE LIVESTOCK DISTRICT
ON THE WEST SIDE OF THE LITTLE DESCHUTES RIVER
FROM MASTEN ROAD TO THE SOUTHERN DESCHUTES COUNTY BOUNDARY
All of the properties described below:
Township 22 S., Range 9 E. M.W. Portion of Section 2S West of the
Little Deschutes River,
Township 22 S., Range 9 E. W.M. SE Va Section 26
Township 22 S,. Range 9 E. W.M. East % of Section 35
Township 22 S. Range 9 E. W.M. Portion of Section 36 West of the
Little Deschutes River
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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 5, 2020
DATE: July 17, 2020
FROM: John Laherty, Legal,
TITLE OF AGENDA ITEM:
PUBLIC HEARING Continued: Annexations into West La Pine Livestock District &
Consideration of Order No. 2020-042 Calling Election
RECOMMENDATION & ACTION REQUESTED:
Continue and close public hearing; approve Order 2020-042
BACKGROUND AND POLICY IMPLICATIONS:
On or about May 20, 2019 and June 14, 2019, Deschutes County received two (2) petitions to annex land into
the West La Pine Livestock District. Each petition is for a different area of land. The Clerk has certified the
petitions, and staff has corresponded with the chief petitioner (Ron Thompson) extensively over the last nine (9)
months regarding how to move forward. While Mr. Thompson initially indicated that he intended to gather the
requisite number of signatures in support of the petitions so as to avoid the need for an election on the
petitions, he has since determined that collecting the necessary signatures is not feasible. So, an election will be
required. For each petition, the electors will be those individuals registered to vote within the area to be
annexed.
The 2017 version of ORS Chapter 607 governs these petitions because they were filed with the County before
the January 1, 2020 effective date of the 2019 Act that revised applicable state law. Under that Chapter, the
Board is required to set public hearings on the annexation petitions and, if the Board approves the petitions, to
enter an order that elections on the petitions be held. The next available time for those elections will be
November 2020.
The purpose of this public hearing is for the Board to hear public comment and receive testimony and evidence
regarding the proposed annexations, in order to assist the Board in determining whether to approve the
petitions and order elections on the petitions be held.
ATTENDANCE: John Laherty, Legal