HomeMy WebLinkAboutOrder 041 - Annex into DCRFPD2Deschutes 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 September 4, 2013
Please see directions for completing tltis document on tlte next page.
DATE: August 28,2013
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval of Order No. 2013-041, 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 August 12, 2013, Patricia Moore and Cheryl Powers submitted a petition to annex petitioners'
property located at 21295 Back Alley Road, Bend, OR 97702. On August 23, 2013, 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. 2013-041, attached for Board signature, sets that hearing date for September 30,2013.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Approval of Order No. 2013-041 as described above.
ATTENDANCE: Laurie E. Craghead.
DISTRIBUTION OF DOCUMENTS:
Legal Department.
REVIEWED
~
LEGAL COUNSEL
For 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. 2013-041
Patricia MOORE and Cheryl POWERS' *
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 August 23, 2013, 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 September 30, 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 September 30,
2013, at 10:00 am at l300 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 September 14, 2013 and September 24, 2013 and
posted on September 14, 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. 2013-041 (09130/13)
Section 4. The Director of the Deschutes County Community Development Department
shall cause to be filed with this Board prior to September 30, 2013, 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 September, 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. 2013-041 (09/30/13)
PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #2
To ::::::~~~::~:::~:::~::e:::~::e::::::egon mJ}i!cr,-cT~~
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1. This Petition for Armexation is filed pursuant to ORS 198.7~?\~o 19~j~~ ~ (#~.' '\
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2. ~~;:~~~r:X;::':~f~~i~~s:e;o::2 (~~~~~~~County and pes4h~~J
The principal act for DCRFPD #2 is ORS 478.0"()1, et seq.~:":~.._\._..\L~.;Lj~'-l'! \\'\:1\
.. \ ': ) .' r '. ") " M' j \
4. The territory that is subject to this petition for annexation i$ ptiiparil~.{ 1," ~--' \
un-inhabited. The attached petitions in support of this annexation are sign~ bt landoWners and j \
registered voters in the area proposed to be annexed as indicated opposite their !res~JiYfl~;';;:~~~;1"-"
:i~~)e~nd that all signatures were obtained on or after the 6/.. 1 day bf _.~~:.;':f~:';1;---·--· .--'
5. It is requested that the proceedings be taken for the annexation of said
territory to Deschutes County Rural Fire Protection District #2, Deschutes County, Oregon. A
description of the boundaries of the territory to be annexed is attached hereto and marked Exhibit
"A",
6, That said petition has been signed by 15 percent of the 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.
Approved by the Board of directors of Deschutes County Rural Fire Protection District #2 this
9l~. day of J o/LI ,Q.-V{;5
Approved by City of Bend
Exhibit 1 to Order 2013-041
Page 1
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NA1\1EOFDISTRICT: 0e:5cAv/.:et; G?l../r1ltllvl.... Ci./ hr-e Ih o 7eJi,,'1 iJl{'iAlcT #2
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LAN1XlWKERDATE PROPERTYPRINT NAME IN THE SIGNED RESIDENCE ADDRESS PROrOSHDi (I f Different) TERRITORYIi REOISTFRED
VOTER IN
THE I'ROPOSED
'fERRITORY
Landownern
Yes v.1.I}.t~ b,k/c <t~!f! 6r..j dl!. I }].:J't~u,vt ,i v\tl:;~1\.l2-No
PROPERTY ADDRESS' :~
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RESlDEl:'CE ADDRESS (IfD;.(f"",fl Pre.._.j Ycs~
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EXHIBIT "Au
Name: O~~iWI'} f1 A1 c"or).£:. / (/;er;7 i t) P""vecs
Address: ) 1,)1 ')/ bf1-Gk. a.j 171 ~l! l.5eh,d 0 (2. q:; ::rv 7
Tox Lot Number: I u Y/?0
Property described 8S:
-11/ ...--. ) I f .,1-1 A;v' ,cJlt fMt-tS(-,.a,/U{;l f ~v{k ~ {i AJ w 1/c..J )111;; t.\,/eJ " Iz -; f'-e" ! /
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Exhibit 1 to Order 2013-041
Page 3
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Exhibit 1 to Order 2013-041
Page 4
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SEL7C>l SECURITY DEPOSIT ORS 198,775
REV 5/14/93
FOR SPECIAL DISTRICT FORMATION OR REORGANIZATION
[J FORMATION ~ANNEXATION D WITHDRAWAL o DISSOLUTION
To: Deschutes County Rural Fire Protection District #2
No. of precincts in district @ $ per precinct"" $ (maximum of $] 0,000)
total deposit
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT
/) A
/~ tc_, f","," SIGNATURE ../"e:¥t:?I-I. NAME (PRlNT) __F.v 0t-1 Cd;:
RESIDENCE ADDRESS 2i ?. c\ ') GtnL cLlle<-1 Drii.",
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE g,;//,O Cit 'l :/':)() 2-.
AMOUNT OF CONTRIBUTION~ALUE OF SECURED DEPOSIT
KIND OF CONTRIDUTION:* CASH 0 BOND 0 OTHER SECURlTY DEPOSIT
" 2. ,., T • ~ I"" (P"TN~)1'\lA1V!.t lui 1 SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNf OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* o CASH DBOND o OTHER SECURITY DEPOSIT
3. NAME (PRINT) -, _ SIGNATURE
RESIDENCE ADDRESS ---"
MAILING ADDRESS (IF DIFFERENT) ___~_
CITY, STATE, ZlP CODE _. .--
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT .
KIND OF CONTRIBUTION: * o CASH DBOND o OTHER SECURITY DEPOSIT
-
CHIEF PETITIONERS
I/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
-~"~--~.-".~~--'---'-district exceed the deposit, II we will pay to the county treasurer
the amotmt of the excess costs (ORS 198.775). /J
NAME(PRlNT) 'P~--":'("~ ~I.\~~~ . SIGNATU~A1. -
RESIDENCE ADDRESS .aLlt'r:;(1) Alle:( i{l DATE f3 /q /:10/\3
MAILING ADDRESS (IF DIFFERENT) I
CITY, STATE, ZIP CODE 10;;>./.1:2 0& 17.702 DAY TELEPHONE !2.iL:28tO._ ~.F/0
2. NAME (PRINT) (~h {)1~ I J?~.~i~t<!S (I/:~/ /SIGNATIJRE "",:;.l.' c( t( /<!A./~
RESIDENCE ADDRESS 7/.,2 c/5 Ott*' .J1L9-R:i.!..... DATE ~/2~/~~~~
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE fL£LlJcL t!.)fc.:.) <-1770d..._ DAY TELEPHONE !3 <l1~~O ~ 1.f IS
3. NAME SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DIFFERENT)
CITY STATE, ZIP CODE DAY TELEPHONE
-Provide Jddjtio~:al descrip~~~2{1&f~.2!f1 deposit on reverse or separate sheets, Additional contributors may be listed on separate sheets and attached.
t"age :)
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Moore-Powers Annexation, to the
DCRFPD#2, will be held on September 30, 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 September 14,2013 and September 24,2013
To be posted: September 14,2013
EXHIBIT "2" -ORDER No. 2013-041 (09/30/13)