The URL can be used to link to this page

Home My WebLink AboutOrder 005 - DCRFPD AnnexDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 9, 2013 Please see directions for completing this document on the next page. DATE: January 4,2013 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Consideration and Approval of Order No. 20IS-005, accepting the Petition and setting date for public hearing for annexation into DCRFPD#2. PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: On December 21, 2012, Debra Reynolds and Perrin Boyd submitted a petition to annex petitioner's property located at 21325 Back Alley Road, Bend, OR 97702. On December 31,2012, the County Clerk verified the signatures and the Petition is deemed filed. Pursuant to ORS 198.857(3), the Board must set a date for a public hearing no earlier than twenty and no later than fifty days from the date of filing. Order No. 2013-005, attached for Board signature, sets that hearing date for February 4,2013. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: Approval of Order No. 2013-005 as described above. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. REVIEWED LEG~UNSEL F or Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Accepting Petition and Setting Date * For Public Hearing for Petition filed for * ORDER NO. 2013-005 Debra REYNOLDS and Perrin BOYD's * Annexation into the DCRFPD#2 WHEREAS, a petition requesting annexation of territory into DCRFPD#2 was filed with the Deschutes County Board of County Commissioners ("Board") on or about December 31, 2012, a copy of which is attached hereto as Exhibit "1" and by this reference incorporated herein; and, WHEREAS, ORS 198.857(3) requires the county board to set a date for a public hearing on the petition no sooner than 20 days and no later than 50 days from the date of filing with notice to the petitioners and to the board of the affected district; and, WHEREAS, the next available hearing date within that time frame is February 4, 2013; and, WHEREAS, the Board chooses to also require publication notice for special district annexations; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the petition for annexation to the DCRFPD#2, a copy of which is attached hereto as Exhibit" 1 ," is hereby accepted for filing. Section 2. That a hearing regarding annexation to the district shall be held on February 4, 2013, at 10:00 am at 1300 NW Wall Street, First Floor Hearing Room, Bend, Deschutes County, Oregon. Section 3. Notice of Hearing shall be given in substantially the form set forth in Exhibit "2," attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice to be published in The Bulletin on January 19,2013 and January 29, 2013 and posted on January 19,2013, in three public locations within the county as follows: One notice shall be posted on or near the doors of the meeting room of the Board of County Commissioners; one notice upon any official bulletin board customarily used for the purpose of posting public notices within the county; and one notice shall be posted upon any official public bulletin board customarily used for the purpose of posting public notices within the proposed district. Notices posted shall be for not less than five (5) consecutive days. PAGE 1 OF 2-ORDER No. 2013-005 (01/09/13) Section 4. The Director of the Deschutes County Community Development Department shall cause to be filed with this Board prior to February 4, 20l3, a land use compatibility statement regarding this proposed special district annexation as contemplated in ORS 197.175 and 199.462, and any other applicable statutory authority. Dated this ___of January, 2013 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR TAMMY BANEY, VICE CHAIR ATTEST: Recording Secretary ANTHONY DeB ONE, COMMISSIONER PAGE 2 OF 2-ORDER No. 20l3-005 (01l09/l3) To: 2. This annexation Petition affects only Deschutes County and Rural Fire Protection District #2 (DCRFPD #2) 3. The principal act for DCRFPD #2 is ORS 478.()"()1. et seq. 4. The territory that is su1>ject to this petition for annexation is primarily un-inhabited. The attached petitions in support of this annexation are signed by land owners and registered voters in the area proposed to be annexed as indicated opposite their respectiv~ < signatures, and that all signatures were obtained on or after the t q day of ~b1r. W/~ ~ . 5. It is requested that the proceedings be taken for the annexation of said territory to Deschutes County Ruml Fire Protection District #2, Deschutes County. Oregon. A description of the boundaries of the territory to be annexed is attached hereto and marked Exlnbit 6. That said petition ~been signed by 15 percent ofthe electors, or 100 electors whichever number is lesser,· or 15 owners or owners of 10 percent of the land, (whichever is greater) within the area proposed to be annexed. Dated this 15 day of IV ~ WI Z-. NAME DLba ~'1f1.O tJ<;. NAME:--_______ ADDRESS z..,~? 7-S (-3VJJ.--A/~ADDRESS--____- PHONE~·__________________- Approved by the Board of directors ofDeschutes County Rural Fire Protection District #2 this " dayof DeC,£/n(otb • '). t!J IL Approved by City of Bend Board ofDirectors DCRFPD #2 By ~~QQ EXHIBIT "1" -Order 3013-005 001 o o tv I No \)"'e!1\.~ 'Name of District: Deschutes County R.F.P.D. #2 Are ou... Landowoer in annexDate Residence Address area?>rintName Signature Signed Property Address (if different) Acreage 1>f~~ ut>kLk Yes~ ~ LJ'?7 Z,S U(tL~1l()t1~ 1l/1i! A-'{~ ~ No-- Acre.'1!1..Jl:.~ Ulz-~Ott-q.,.TcJ;~r ~~ "Z-/'3.2-J ~c-Ik..-Yes-2Q....~~ < ,Q-ts~Q 1I./li8 :e rrl ") !(1~,J No--~ 2 (JIl-~JJ., 9tLi 0~ A 2$,) I---cre.-- Yes_ No-- , Acre.-- Yes_ No-- Acre.-- Yes-- No-- Acre.-- State of Oregon ) ) ss .. County of Deschutes ) I, "Dtbr0. J;l4'AfJ 1~ .certify that I circulated this petition and every person who signed this petition (lid so in my presence. I certify that I hand delivered a copy Of the petition to Annex to each of the persons affixing their Signature hereon. SUBSCRIBED AND SWORN to before me this } '1-1i\ day of Voter in annex area? Precind# Yes~ No-- Prec. __ Yes~ No- f1rec._ I Yes_ No-- Prec.-_· Yes No-- Prec. __ Yes_ No- Prec.-- ~K~*~N~BUC ;O;-'l~My Commission Expires: \ 2? d. 0 J.:S OFFICIAL SEAL PEGGY I KIRKPATRICK NOTARY PUBLlC·OREGON COMMISSION NO. 400180 EXHIBIT NAP . Name: 'Pd')t~ 'I?~1-10 Ids tU-.A -Per rtv. 'Bo~d Address: 2132t; 13kk A Ilt." 'Rd 'BBvtt{ tJ 1-~2 Tex lot Number: 1~ ... \'2 ... L~ ... D6 -D()S 06 Property descnbed 6S: I-~ VVas+ 4~o ~e+ cd' ~Et<-s+ t~!:f OJ -th!-tVorfi-l wesl--~v..o.rtu(SL/2NW1/'-f) ~ Sed1bv1 '2Jp J IOWI\,ship I f( So~) 1?~e. 17. .&...s~ cl' =:the W;I\~-t+e Mu~At~) Y€.SchlN-k~ Lol.<-"'th1 J Or~a-.. EXHIBIT "1" -Order 3013-005 003 - , .toW Q5 (J) IT1 IT1 (5 o N s: l> -0 ~\ ~ f ~ EXHIBI""" ,;,) 0 d ~ 004 ~r er 3urj-005 I SBL704 ORSl93.775 lUN.5/l4/93 SECURITY DEPOSIT FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION o FORMATION o WITHDRAWAL o DISSOLUTION . -. [!]~XATION 10: Deschutes County Rura.l Fire Protection District #2 No. of precincts in district @ $ per precinct =$ (maximum of $10,000) total deposit PERSONS/ORGANIZATIONS PROVIDING ANY PARI' OF ~SIT 1. NAME (PRINT) 1)eJD(A. ~VlO(JS SIGNATURE ~' RESIDENCE ADDRESS 2rC SAC-&-Ai4=; MAILING ADDRESS (IF D~ cm STATE, ZIP CODE (J(L ~ AMOUNT OF CONTRIBUTION /VALUE OF SECURED DEPOSIT '06 . PO KIND OF CONTRIBUTION:" ~CASH o BOND o OTHE~SECURITY DEPOSIT . 2. NAlvIE (pRINT) SIGNATlJRE . RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) arYl STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:· o CASH o BOND o OlHER SECURITY DEPOSIT 3. NAME (pRINT) SIGNATURE RESIDENCE ADDRESS MAILING ADDRESS (IF DIFFERENT) em STATE, ZIP CODE AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT KIND OF CONTRIBUTION:· DCASH o BOND o OlHER SECURITY DEPOSIT ~ CHIEF PETITIONERS l/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of district exceed the deposit, I/we will pay to the county treasurer the amount of the excess costs (ORS 198.775). . .+-. (I 0 /. 1. NAME (PRINT) VebC0-~rt12 ~ siGNATURE 1A..flf\~~ RESIDENCE ADDRESS ~}; B~t&jj 1/,,-DATE .q~Cf T~z... ~MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE @6tAtt I, () (Z.. DAYTELEPHONE 541,,,, ~~"~2.1 2. NAME (pRINT) SIGNATURE RESIDENCE ADDRESS . DATE MAILING ADDRESS (IF DIFFERENT) CITY, STATE, ZIP CODE DAY TELEPHONE , 3. NAME (PRINT) RESIDENCE ADDRESS SIGNATURE DATE. MAlLING ADDRESS (IF DIFFERENT) CITY, STATE,.ZIP CODE DAY TELEPHONE . ·Provide additional d~f~on of ~~~l\~~h~erse or separate sheets. Additional contributors may be listed on separate sheets and attached . . ........J"TTTn "" ,~ 005 NOTICE OF PUBLIC HEARING BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A public hearing regarding a proposed annexation, Reynolds-Boyd Annexation, to the DCRFPD#2, will be held on February 4, 2013, at 10:00 a.m. in the Board of County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon. To view the legal description of the boundaries of the proposed annexation, contact the Deschutes County Counsel's Office at 388-6623. The purpose of the proposed annexation is to provide fire protection services for the area proposed to be annexed. All interested persons may appear and be heard. Deschutes County conducts public meetings in locations which are wheelchair accessible. Deschutes County also provides reasonable accommodations for persons with disabilities. For persons who are deaf, or who have hearing or speech impairments, dial 7-1-1 to access the State transfer relay service for TTY. At meetings of the Board of County Commissioners the county will provide an interpreter for hearing impaired persons who give at least 48 hours notice of the request. Written information will be made available in large print or audio format. To request these services, please call (541) 388-6571. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON Alan Unger, Chair To be published in The Bulletin January 19,2013 and January 29, 2013 To be posted: January 19,2013 EXHIBIT "2" -ORDER No. 2013-005 (01109/13)