Loading...
2023-125-Order No. 2023-016 Recorded 4/14/2023RE EWED LEGAL COUNSEL Recorded in Deschutes County Steve Dennison, County Clerk CJ2023-125 Commissioners' Journal 04/14/2023 4:26:00 PM ww"a" 2023-125 I For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Declaring the Results of the Election Held on March 14, 2023 Regarding * ORDER NO. 2023-016 the Establishment and Formation of the Terrebonne Sanitary District WHEREAS, an election in Deschutes County, Oregon was held on March 14, 2023 on the measure set forth in Exhibit A concerning the proposed formation of an ORS Chapter 255 Sanitary District; and WHEREAS, the Abstract of Votes, a copy of which is attached as Exhibit B, shows that a majority of those persons voting voted to approve the measure; and WHEREAS, ORS 198.820(1) requires the Board to canvass the votes and enter an Order establishing and forming the District if the Board determines that the majority of the votes cast were in support of formation of the District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, hereby ORDERS as follows: Section 1. At the election held in Deschutes County, Oregon on March 14, 2023, as evidenced by the Abstract of Votes, a copy of which is attached as Exhibit B and incorporated by reference herein, 41 electors cast ballots on the issue of formation of the District and, of those electors, 24 electors voted YES, and 16 voted NO on the measure captioned: FORMATION OF THE TERREBONNE SANITARY DISTRICT, as set forth in the attached Exhibit A, incorporated by reference herein. Section 2. Because the majority of electors voted in support, the measure is declared to have PASSED. Page 1 - ORDER NO. 2023-016 Section 3. Consistent with, and pursuant to ORS Chapter 255 and ORS Chapter 198: a. The District is hereby established and formed and shall be known as: "Terrebonne Sanitary District." b. The District's purpose is to finance, construct and manage a wastewater system within the District boundaries. c. The District Boundary shall be substantially as legally described in Exhibit C and depicted (Phase A) on the map attached as Exhibit D. Section 4. The County Legal Department shall cause certified copies of this Order to be filed with the Deschutes County Clerk and Assessor and the Oregon Department of Revenue and Secretary of State pursuant to ORS 198,780. Dated this of , 2023. AWE ST: TTya Recording Secretary THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PATTI AD 1R, ice -Chair PHIL CHANG, Commissioner Page 2 - ORDER NO. 2023-016 EXH I BIT A (to Order No. 2023-016) Notice of M(e�asure Election SEL 801 County "7 j p ev 07/15:OR5254.10,250.041, J .`.\/ 'C/� 250.175, 254.303, 254.465 Date of Notice Name of County or Counties I Date of Election Deschutes March 14, 2023 Caption 10 words which reasonably identifies the subject of the measure. Formation of the Terrebonne Sanitary District. Question 20 words which plainly phrases the chief purpose of the measure. Shall the Terrebonne Sanitary District be formed to finance, construct and manage a wastewater collection system? Summary 175 words which concisely and impartially summarizes the measure and its major effect. The unincorporated community of Terrebonne does not currently have a municipal wastewater system. Businesses and residences depend on onsite wastewater systems including septic tanks with drainfields, drill holes, and sand filters. Continued use of onsite systems causes economic and environmental health impacts. A wastewater feasibility study recommends development of a wastewater system in Terrebonne. A petition for formation was filed with the County. Following hearings the County has directed that the issue of formation be placed before the electors within the identified boundary of the proposed district. District boundaries are subject to later annexation proceedings to expand. The district will not be authorized to levy taxes. Positions on the district board will be filled by vote of district electors. Upon formation the district will clarify overall project costs, debt service, and the resulting costs to users. Thereafter the district will determine whether or not to proceed with development of the wastewater system. If the county is producing a voters' pamphlet an explanatory statement must be drafted and attached to this form for: • any measure referred by the county governing body; or Explanatory Statement Attached? QQ Yes ❑ No • any initiative or referendum, if required by local ordinance. Authorized County Official Not required to be notarized. Name Title Patti Adair Commissioner Mailing Address Contact Phone 1300 NW Wall Street, Bend, OR 97703 541-388-6567 By signing this document: * I hereby state that I am authorized by the county to submit this Notice of Measure Election; and * I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure completed. Sign ture �t a �e AMI a DESCHUTES, COUNTY CLERK 1 ■ ■ �� (to Order No. 2023-016) Official Final Results Page: 1 of 4 Statement of Ballots Cast 04/05/2023 Deschutes County, March 14, 2023 Special Election All Precincts, All Districts, All Counter Groups, All ScanStations, All Contests, All Boxes Total Ballots Cast: 41, Registered Voters: 143, Overall Turnout: 28.67% 1 orecincts reported out of 1 total 9-156, Terrebonne Sanitary District (Vote for 1) 1 precincts reported out of 1 total Precinct Ballots Reg. Total Yes No Over Under Cast Voters Votes Votes Votes Precinct 18 41 143 40 24 60.00% 16 40.00% 0 1 Total 41 143 40 24 60.00% 16 40.00% 0 1 I, Steve Dennison, Deschutes County Clerk, do hereby certify that the votes recorded on this report correctly summarize the tally of votes cast at the March 14, 2023 Special Election. ` 1.,FAted this 5th day of April, 2023. St�on 3k 0_ b#schutes County Clerk ,Official Final Results EXHIBIT C (to Order No. 2023-016) Terrebonne Sanitary District Service Area Boundary Description (Lot & Block) Prepared by: Ryan Rudnick, PE (Parametrix Inc.) Date:4/26/2022 The proposed service area boundary includes the following blocks and lots in the Plat of Hillman, filed November 22, 1909 under County Survey No. 07529, records of Deschutes County Surveyor, situated in Section 16, Township 14 South, Range 13 East, W.M., Deschutes County, Oregon: Block 39 Lot 5-8, 17-32 Block 94 Lots 1-32 Block 40 Lots 27-32 Block 95 Lots 1-32 Block 51 Lots 1-6, 29-32 Block 96 Lots 1-32 Block 52 Lots 1-32 Block 97 Lots 1-32 Block 53 Lots 1-8, 13-32 Block 98 Lots 17-32 Block 54 Lots 1-32 Block 99 Lots 10-18 Block 55 Lots 1-32 Block 100 Lots 1-18 Block 56 Lots 1-32 Block 101 Lots 1-32 Block 57 Lots 1-32 Block 102 Lots 1-32 Block 58 Lots 1-3, 28-32 Block 103 Lots 1-32 Block 69 Lot 1-3, 27-32 Block 104 Lots 1-32 Block 70 Lots 1-32 Block 105 Lots 1-32 Block 71 Lots 1-32 Block 106 Lots 1-32 Block 72 Lots 1-32 Block 107 Lots 1-32 Block 73 Lots 1-32 Block 108 Lots 1-32 Block 74 Lots 1-32 Block 109 Lots 1-32 Block 75 Lots 1-32 Block 110 Lots 1-32 Block 76 Lots 1-6, 31-32 Block 111 Lots 1-12, 21-32 Block 79 Lots 8-32 Block 114 Lots 1-24 Block 84 Lots 1-32 Block 124 Lots 1-9, 24-32 Block 86 Lots 4-5, 28-32 Block 125 Lots 1-32 Block 87 Lots 1-5, 17-32 Block 126 Lots 1-32 Block 88 Lots 1-32 Block 127 Lots 1-32 Block 89 Lots 1-32 Block 128 Lots 1-32 Block 90 Lots 1-32 Block 129 Lots 1-9, 24-32 Block 91 Lots 1-32 Block 142 Lots 1-9 Block 92 Lots 1-32 Block 143 Lots 1-19 Block 93 Lots 1-32 Block 144 Lots 1-3 EXHIBIT D (to Order No. 2023-016) Parametrix DATE: 4/26/2022 N Terreb®nne Sanitary District SERVICE AREA BOUNDARY (PHASE A) MEETING DATE: April 12, 2023 SUBJECT: Adoption of Order No. 2023-016, an Order Declaring the Results of the Election Held on March 14, 2023 Regarding the Establishment and Formation of the Terrebonne Sanitary District RECOMMENDED MOTION: Move adoption and Board signature of Order No. 2023-016. BACKGROUND AND POLICY IMPLICATIONS: Upon direction of the Board of Commissioners the matter of establishing and forming the Terrebonne Sanitary District was placed before the electors of the proposed district at an election on March 14, 2023. The results of the election were: 24 votes in favor; 16 votes opposed. Because the majority of electors voted in support, the measure is declared to have Passed. ORS Chapter 198 requires that the Board adopt an order formally establishing and forming the District. BUDGET IMPACTS: None to Deschutes County. ATTENDANCE: Road, Legal