HomeMy WebLinkAboutOrder 028 - Direct Utilities to Relocate FacilitiesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 10,2013
DATE: June 28, 2013
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order No. 2013-028, Directing CenturyLink, Central Electric Co
op and any Other Affected Utilities to Relocate their Facilities Within the Right-of-Way on Deschutes
Market Road and Yeoman Road
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Bend Metro Park & Recreation District (District), applied for and received Deschutes County approval
to develop the Pine Nursery property and, as part of this approval, was required, pursuant to permits
SP-06-23 & CU-06-61, to make improvements to Deschutes Market Road and Yeoman Road, more
specifically the widening of these roads for the installation of motor vehicle tum lanes to improve
traffic flow and safety. The widening of Deschutes Market and Yeoman roads by the District will
necessitate the relocation by CenturyLink, Central Electric Co-op and other affected utilities of their
lines, fixtures and facilities located within such public right-of-way. A question was raised by one of
the utility companies concerning who the responsible party will be for the expense of the relocation.
Pursuant to Oregon Revised Statutes (ORS 758.010(2)), a county governing body has the authority to
designate the location upon roads within county jurisdiction where any utility lines, fixtures or facilities
are located and to direct those utilities to be changed when such governing body deems it expedient.
This order directs the utilities per the relevant statutes to relocate their facilities at their expense.
FISCAL IMPLICATIONS:
None. All cost of utility relocation will be borne by the respective utilities.
RECOMMENDATION & ACTION REQUESTED:
Recommend Board Signature of Order No. 2013-028, Directing Century Link, Central Electric Co-op
and any Other Affected Utilities to Relocate their Facilities Within the Right-of-Way on Deschutes
Market Road and Yeoman Road
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Copy to Shiela Odie (ext. 7148) at the Road Department
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LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONER OF DESCHUTES COUNTY, OREGON
An Order Directing Century Link, Central *
Electric Co-op and any Other Affected * ORDER NO. 2013-028
Utilities to Relocate their Facilities Within *
the Right -of-Way on Deschutes Market *
Road and Yeoman Road *
WHEREAS, pursuant to ORS 758.010(2), a county governing body has the authority to designate
the location upon roads within county jurisdiction where any utility lines, fixtures or facilities are
located and to direct those utilities to be changed when such governing body deems it expedient; and
WHEREAS, Bend Metro Park & Recreation District (District), a public body, applied for and
received Deschutes County approval to develop the Pine Nursery property and, as part of such approval,
was required, pursuant to permits SP-06-23 & CU-06-61, to make improvements to Deschutes Market
Road and Yeoman Road, more specifically the widening of these roads for the installation of motor
vehicle tum lanes to improve tratlic flow and safety; and
WHEREAS, the widening of Deschutes Market and Yeoman roads by the District will necessitate
the relocation by Century Link Central Electric Co-op and other affected utilities of their lines, fixtures
and facilities located within such public right-of-way; and
WHEREAS, pursuant to ORS 758.025(3), Bend Metro Park & Recreation District has coordinated
during the planning and design phase of its project with the Century Link , Central Electric Co-op and
other affected utilities to discuss the project's scope and schedule; and
WHEREAS, the Board finds that the public interest will be served by requiring CenturyLink, Central
Electric Co-op and other affected utilities to relocate their lines, fixtures and facilities within Deschutes
Market and Yeoman roads at their expense and thereby enable the District to fulfill a condition of
approval of the Pine Nursery development project; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON
ORDERS as follows:
Page 1 of2 ORDER NO. 2013-028
III
Section 1. Century Link, Central Electric Co-op and any other affected utilities whose lines,
fixtures and facilities are located within the right of way of Deschutes Market and Yeoman Roads, as
more specifically described in the plans submitted by the District to Deschutes County shall move their
facilities within the right-of-way at their expense.
Dated this of--, 2013 ----BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DEBONE, Commissioner
Page 2 of 2 ORDER NO. 2013-028
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