HomeMy WebLinkAboutOrder 023 - Set Hearing - Alfalfa Fire DistrictDeschutes 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 June 26, 2013
Please see directions for completing this document on the next page.
DATE: June 24, 2013
FROM: Laurie E. Craghead. Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2013-023 Order Approving the Formation of the Alfalfa Fire
District, Establishing the Name and Boundaries of the Proposed District and Setting a Final Hearing
Date
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On May 29, 2013, the Deschutes County Board of County Commissioners approved Order No. 2013
022, accepting a Petition for the Formation of the Alfalfa Fire District and Setting a Hearing Date. That
hearing date was set for June 26,2013. At the June 26, 2013 hearing, if the Board approves the district
formation, ORS 198.810(2) requires that the Board set a date, time and place for a final hearing not less
than 20 or more than 50 days from the date ofthe order. Order 2013-023 approves the district
formation and sets the hearing for August 6, 2013 at 6:00 pm in Alfalfa at the Alfalfa Community
Building at 26155 Willard Road.
FISCAL IMPLICATIONS:
The County will be expending staff time in the preparation of the documents, the scheduling of the
Board hearings and will have charges for the publication of the hearing notices. Each of the required
two hearings will require two published notices. If the district is formed, the district can be charged for
the cost of formation. If the district fails to form, the petitioners will be responsible for the county's
costs.
RECOMMENDATION & ACTION REQUESTED:
MOTION: Approve and sign Order 2013-023
ATTENDANCE: Laurie E. Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Georgia Springer.
I
REVIEWED
---~
LEGArcotJNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Formation of the *
Alfalfa Fire District, Establishing the Name *
and boundaries of the Proposed District and * ORDER NO. 2013-023
Setting a Final Hearing Date *
WHEREAS, the formation of the Alfalfa Fire District was duly initiated by the Board of
County Commissioners of Deschutes County, Oregon ("Board") on May 29, 2013;
WHEREAS, an initial hearing on the proposed formation was duly noticed and held on June
26,2013 for the Board to hear any objections thereto, and to determine whether, in accordance with the
Comprehensive Plan, applicable Land Conservation and Development Goals and the criteria prescribed
by ORS 199.462 and 198.805, the affected area would be benefited by the formation of a County
District under ORS 478.010 et seq.; and
WHEREAS, after consideration of economic, demographic and sociological trends and
projections pertinent to the proposal, past and prospective physical developments of the land that
would directly or indirectly be affected by the proposal, and all other matters considered to be relevant
to the proposed district formation, the Board believes that the area would be benefited by the formation
ofa Special District under ORS 478.010 et seq.; and
WHEREAS, the proposed Alfalfa Fire District, if formed, will have a permanent rate limit for
operating taxes of $1.75 per $1,000 assessed value that will raise an estimated $101,092.00 in
operating funds for the District in the 2014-2015 fiscal year, which will require an election on the
question of formation and establishment of the permanent rate limit; and,
WHEREAS, notice was published and posted listing the name of the proposed district as the
Alfalfa Fire District, the Board desires to designate the name of the district as the Alfalfa Fire District;
and
WHEREAS, ORS 198.810(2) requires the Board to fix a place, and a time not less than 20 nor
more than 50 days after the date of the order, for a final hearing on the petition and August 6, 2013 at
6:00 pm is the first available date that complies with the statutory requirements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
==""-"-!. That the formation of the Alfalfa Fire District be approved.
Page 1 of2 ORDER 2013-023
Section 2. That the name of the proposed special district shall be the Alfalfa Fire District and
the boundaries shall be as legally described in Exhibit "A" and depicted on the map as Exhibit "B,"
both exhibits being attached hereto and by this reference incorporated herein.
===-=::..:. That the proposed Alfalfa Fire District, if formed, will have a permanent rate limit for
operating taxes of $1.75 per $1,000 assessed value that will raise an estimated $101,092.00 in operating
funds for the District in the 2014-2015 fiscal year.
Section 4. That the Alfalfa Fire District shall be authorized to take all necessary and proper steps
to organize for rural fire protection for property within the district, enter into mutual aid agreements, apply
for grants, train members, educate the public, purchase and maintain necessary equipment, land, and
structures as required for operating a fire district and department, and provide emergency medical
assistance within the district's boundaries, pursuant to ORS 478.
~~~2..:. That the final hearing regarding formation of the service district shall be held at the
Alfalfa Community Building at 26155 Willard Road on Tuesday, August 6, 2013 at 6:00 pm.
Section 6. Notice of Hearing shall be given in substantially the form set forth in Exhibit "c"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on July 21,2013 and July 31,2013, and posted on July 19,2013
in three public locations within the county as follows: One notice shall be posted on or near the doors
of the Alfalfa Community Building at 26155 Willard Road; 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.
Section 7. That the proposed formation complies with the applicable land use criteria and the
Board adopts as is its findings relating to that criteria in Exhibit "D", attached hereto and incorporated
herein by reference.
Dated this __ day of June, 2013
BOARD OF COUNTY COMMISSIONERS
ALAN UNGER, CHAIR
TAMMY BANEY, VICE-CHAIR
ATTEST:
Recording Secretary ANTHONY DeBONE, COMMISSIONER
Page 2 of2 ORDER 2013-023
EXHIBIT A
Alfalfa Fire District
Proposed Boundary Description
The boundary of the Alfalfa Fire District is as follows:
Beginning at the Northwest corner of Section 5, Township 17 South, Range 14 East,
Deschutes County,
thence East to the Northeast corner of Section 4, Township 17 South, Range' 5 East,
Crook County;
thence South to the Southeast corner of Section 9, Township 18 South, Range 15 East,
Crook County,
thence West to the NOItheast corner of Section 16, Township 18 South, Range 14 East,
Deschutes County;
thence South to the Southeast \14 of the Northeast y" of Section 16, Township 18 South,
Range 14 East, Deschutes County,
thence West through the center of Section 16 to the Southwest Y4 of the Northwest 1/4 of
Section 16, Township 18 South, Range 14 East, Deschutes County;
thence North to the Northwest corner of Section 16. Township 18 SOllth, Range 14 East,
Deschutes COllnty~
thence West to the Southwest comer of the Southeast Y4 of the Southwest 1/4 of Section 8,
Township 18 SOllth, Range 14 East, Deschutes County;
thence NOlth to the Northwest corner orthe Northeast Y4 of the Southwest 1/4 of Section 8,
Township 18 SOllth, Range 14 East, Deschutes County,
thence West to the Southwest corner of the Northwest 1/4 of Section 8, Township ]8
SOLlth, Range 14 East, Deschutes County;
thence NOl1h to the point of beginning at the Northwest corner of Section 5, Township 17
South, Range 14 East, Deschutes County.
EXHIBIT A to Order 20\3-023
Page 1 of 1
Proposed Alfalfa Rural Fire Protection District EAft { b. r ~
Key
Proposed Fire Oistrict Boundary
Deschutes Roads
Crook Roads
Canals
: Deschutes County Taxtots
1Crook County Taxlots
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County Boundary
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EXHIBIT B to Order 2013-023
r Page 2
NOTICE OF PUBLIC HEARING
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding the proposed formation of the Alfalfa Fire District will be
held on Tuesday, August 6, 2013 at 6:00 pm at the Alfalfa Community Building at 26155
Willard Road.
To view the boundaries of the proposed district, contact the Deschutes County Counsel's
Office at 388-6623.
The proposed formation shall be referred to as the "Alfalfa Fire District". The purpose of
the proposed district, when fully functional, authorized by ORS Chapter 478, is to
organize for rural fire protection for property within the district, enter into mutual aid
agreements, apply for grants, train members, educate the public, purchase and maintain
necessary equipment, land, and structures as required for operating a fire district and
department, and provide emergency medical assistance.
The proposed Alfalfa Fire District, if formed, will have a permanent rate limit for
operating taxes of $1.75 per $1,000 assessed value that will raise an estimated
$101,092.00 in operating funds for the District in the 2014-2015 fiscal year.
All interested persons may appear and be heard. Upon conclusion of this initial hearing,
the Board will enter its order setting a final hearing.
The meeting location is wheelchair accessible. For the deaf or hard of hearing, an
interpreter or assistive listening system will be provided with 48 hours notice. Materials
in alternate formats may be made available with 48 hours notice. To arrange for these
services, please contact Bonnie Baker at 541-388-6572. For hearing impaired, call TDD
541-385-3203 .
Page 1 of 1 -Exhibit C -ORDER NO. 2013-023 (06/26/13)
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: June 3, 2013
TO: Georgia Springer, County Legal Counsel, Legal Assistant
FROM: Paul Blikstad, Senior Planner
RE: Alfalfa Fire District formation; Your file no. 16/5-005
The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with
the Statewide Planning Goals, encourages the formation of special service districts to serve
rural needs.
Under the Public Facilities and Services section of the County Comprehensive Plan (Section 3.6
under the Rural Growth Management Chapter, Policies, is the following policy:
3.61. Encourage the formation of special service districts to serve rural needs
rather than having the County serve those needs.
Fire protection is an important part of rural development, as evidenced by chapter 3.5 on natural
hazards, which includes fire. It is clear that the ability to acquire fire protection is a valuable
public resource. Staff finds that the proposed formation of the Alfalfa Fire District is consistent
with the County Comprehensive Plan and Statewide Planning Goals.
Exhibit D to Order 2013-02.3... ..
P<;l(lP 1 nf 1 t,j,ualtty Sermces Perfonned w1th Pnde