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HomeMy WebLinkAboutOrder 052 - Election Results - Alfalfa Fire DistI .1 Deschutes 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 December 2, 2013 Please see directions for completing this document on the next page. DATE: November 19,2013 FROM: Laurie E. Craghead. Legal 388-6623 TITLE OF AGENDA ITEM: Consideration and Approval of Order 2013-052 Order Declaring the Results of the Election Held on November 5, 2013 for the Formation of the Alfalfa Fire District PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: On November 5, 2013, the election was held and the electors voted to form the Alfalfa Fire District. The Clerks of Deschutes and Crook counties certified the votes recorded for this election and submitted their reports to the Legal Department. Copies are attached to the order. Statutes require that the Board canvas the votes in order to officialy form the District. Order 2013-052 is the official canvas of the vote and declaration of the formation of the district. Once the Board signs the order, certified copies will be given to the Oregon Department of Revenue and the Secretary of State Archives Division, to the Deschutes County 911 Service District and to the County Assessor and Tax Collector. Although the statutes do not require it, a copy will also be given to the County Sheriffs Office. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Motion: Approve signature of Order 2013-052 ATTENDANCE: Laurie E. Craghead DISTRIBUTION OF DOCUMENTS: Copy to Legal as soon as it it signed so that Legal can obtain the certified copies as soon as possible. Legal will assure that the Clerk's office has the original for recording in the Commissioners Journals. I 1 j i I >l I REVIEWED 4!= LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Declaring the Results of the Election * Held on November 5, 2013 for the Formation of * ORDER NO. 2013-052 the Alfalfa Fire District * WHEREAS, an election in Deschutes County, Oregon was held on November 5,2013 on the measure set forth in Exhibit A, incorporated by herein, concerning the proposed Alfalfa Fire District ("District"); and WHEREAS, the Deschutes County and Crook County Abstracts of Votes, copies of which are attached as Exhibits Band C, respectively and incorporated by reference herein, show that a majority of those persons voting, voted to approve the measure; and WHEREAS, ORS 198.820( I) requires the Board to canvass the votes and declare the District formed if the Board determines that the majority of the votes cast were in favor of fonnation of the District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section I: At the election held in Deschutes County, Oregon on November 5,2013, as evidenced by the abstract of votes, a copy of which is attached as Exhibit B and incorporated by reference herein, 337 electors cast ballots on the issue of formation of the District, and, of those electors, 235 electors voted YES and 100 voted NO with no over votes and 2 under votes on the measure captioned "TO FORM A FIRE DISTRICT AND ESTABLISH TAX RATE LIMIT", as set forth in the attached Exhibit B, incorporated by reference herein. Section 2: At the election held in Crook County, Oregon on November 5, 2013, as evidenced by the abstract of votes, a copy of which is attached as Exhibit C and incorporated by reference herein, 22 electors cast ballots on the issue of formation of the District, and, of those electors, 16 electors voted YES and 6 voted NO with no over votes and no under votes on the measure captioned "TO FORM A FIRE DISTRICT AND ESTABLISH TAX RATE LIMIT", as set forth in the attached Exhibit C, incorporated by reference herein. Section 3: Because a majority of the electors voting approved the formation of the proposed district, the measure is declared to have passed and the District to be formed. Section 4: The name of the District shall be the Alfalfa Fire District and the boundaries shall be as legally described in Exhibit D and depicted on the map Exhibit E, both exhibits being attached hereto and by this reference incorporated herein. 1// Page 1 of2 ORDER 2013-052 Section 5: The purpose of the District is 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. Section 6: The pennanent rate limit for operating taxes is $1.75 per $1,000 assessed value for the District for ad valorem taxes pursuant to Section 11, Article 11, Oregon Constitution, is hereby established. Section 7. The County Clerk shall issue certificates of election to the five persons, the number of person equal to the number of board members named in the petition for fonnation, receiving the highest number of votes. Section 8: The Legal Counsel Department shall cause certified copies of this order be filed with the Deschutes County Clerk and Assessor, the Deschutes County 9-1-1 Service District, the Oregon Department of Revenue and Secretary of State pursuant to ORS 198. 780( 1) and ORS 308.225. Dated this ___ day of December, 2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR TAMMY BANEY, VICE-CHAIR ATTEST: Recording Secretary ANTHONY DEBONE, COMMISSIONER Page 2 of2 ORDER 2013-052 I (I-cIS i Notice of County Measure Election SEL 801 ,ew 1/17 OFIS 2~.035. 25D 041 2'>0 \ 1S, '54 ID3. 154 .t.6S ''----------------..-.----..._...._.._-_._.._--­ County and Notice Information Notice is hereby given on .~_~~.~.~!_?__.20 13 ,that a measure election will be held in Date of Election The following shall be the ballot title of the measure to be submitted to the county'S voters. Caption 10 words TO FORM A FIRE DISTRICT AND ESTABLISH TAX RATE LIMIT Question 20 words Shall Alfalfa Fire District be formed with a permanent rate limit of $1.75 per $1,000 assessed value beginning 2014-20 15? Summary 175 words A fire district would be established in the Alfalfa area of Deschutes County and extending into a small portion of Crook County. The name of the district will be the Alfalfa Fire District. The purpose of the district will be to organize for rural fire protection for property within the district, enter into mutual aid agreements, apply for g~ants, train members, educate the public, pur~hase and maintain necessary equipment, land. and structures as required for op.erating a fire district and department, and provide emergency medical assistance. If approved, this measure would authorize the district to tax properties within the district for the above listed services at a maximum permanent tax limit of $1.75 per $1,000 assessed value and is estimated to raise $101,092.00 in operating funds for the District beginning in the 2014-2015 tax year, (Map of the proposed district will accompany the ballots.) The following authorized county official hereby certifies the above ballot title is true and the bal/ot title chal/engt:/ process has been completed. Sig",,~tt;;..,/:!:::"c::., "O,i";';';;;d '" be """',,d---&'1.:::1$d:1 13'- -----­ Chair, Deschutes County Board of Alan Unger County Commissioners ,,-----,,---------------'---~ Printed Name of Authorized County Official Title Page 1 of 1 EXHIBIT A TO ORDER 2013-052 NUMBERED KEY CANVASS RUN DATLll/19/13 09:33 AM 9·95 Alfalfa Fire District Formation Vote for 1 01 eYes 02 = No Deschutes County. Oregon Special Election November 5, 2013 VOTES PERCENT 235 7Q.15 100 29.85 WITH 1 or 1 PRECINCTS REPORTING 03 = OVER VOTES 04 UNDER VOTES Final Official Results REPORT·EL52 PAGE 0004 VOTES ;>ERCEN~ o 2 01 02 03 04 0010 10 235 100 a 2 ....... ~ " " I, NanC&iJJ~R~~UiW,l~eSchutes County Clerk, do hereby certifY'y'tl:1?t·the votes reco'rq'ed on this report correctly summarize the tally of vot~§ cast at the November 5. 2013 sp~£i#i Electien", " .. Dat~:thi::i~~tOi'N7~ber, 2013 ~. . ,I.'.,'Nanc~1 ~I~nk ....\:'> -'Page 1 of 1 EXHIBIT B TO ORDER 2013-052 \ '1.. {d.~ __ Deschutes County Clerk STATE OF OREGON ABSTRACT OF VOTES Crook County NOV[MBER 05,2013 Special Election Alfalfa Fire District Formation Page 1 of 3 Precincts OFFICE CANDIDATE Director Robert Kathman Position 1 Write ins TOTAL Over votes Undervotes Director Carolyn R Chase Position 2 Write ins TOTAL Over votes Undervotes Director David Warren Position 3 Write ins TOTAL Over votes Under votes 1 2 3 4 , i 5 6 7 8 9 10 11 12 13 14 15 16 17 10 0 10 0 12 10 0 10 0 12 10 0 10 0 12 TOTAL 10 0 10 0 12 10 0 -.!O 0 12 10: 0 10 0 12 N.,., '9 M o N ~ ~ ~ U t­;:a i X u.1 M '­o l Crook County NOVEMBER 05,2013 Special Election Alfalfa Fire District Formation Page 2 of 3 OFFICE CANDIDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TOTAL Director Rowan Holitz 10 10 Position 4 Write in 0 0 TOTAL 10 10 Over votes 0 0 Under votes 12 12 Director Gary Hughes 11 11 Position 5 Write ins 0 0 TOTAL 11 11 Over votes 0 0 Under votes , , , 11 11 N II") o. <"> o N 0::: MEASURE To form a fire district and establish tax rate limit Yes 16 16 No 6 6 TOTAL 22 22 Over votes 0 0 Under votes , 0 0 2 W o o E­ U t:: a::l E2 >:: w <"> <.... o N l Crook County NOVEMBER 05,2013 Special Election Alfalfa Fire District Formation Page:l of 3 I, Deanna E Berman, Crook County Clerk, do hereby, certify that the votes recorded on this report correctly summarize the tally of vote cast at the November 5, 2013 Special Election Dated this 15th day of November 2013 ~~~ Deanna E Berman, Crook County Clerk N '"o I M o of Crook ) /;/ ,1., . Nt',ta! eo f Oregon ) c:: Clli h(.d.J cc:::ify L.\.'" the (1!a.~lIa ('/­ ;'0 ~'il "lith tll e odgiJal 2 o ;'~)t~L:;~ :.:';~~'g~~::;~;:;'~~~~~'~~~~~~d ~ U;b~: CI{;.d,"~s v"tt:ice f­th'~;',·<':l. ' eot.!li2'~;dkt.t.{1JQ;~,~~CY~ l>te ::2r) ......·'..'l"J.J pt:'-"..~"" X""""J...".",•.,<.~"l)t. \ _ )'" I";. ~~ /. ..... __~::~'.ntiCl¢i-{ Cll \ / ~: .' ?..!.(lV-,-==U>tP'ty M~ <.-. o M"7i:':/;Jlft:/; IJ S"/; I 11ft 'I... ~ &: "\~W""."l1M!11~.~;;_:!Of!l!,~ J~~~~",'J """!'~fiM:\'l"r;:;:!ili-""",.,'P',"l\1&1'b}I¥.$ ~,."l,,;)_""-'ffi?-M!,,¥i&~Ghji$ ••W 'ltJ,!!i'c',",;H "'ffli'-i;'., .A$?¥(!JiQ4IifI'*"')'~~H(':U,l"~!\I"il:rl,"W.Wkq.g;.,rIKi#if1'iW\\I\4'f1~, ~4S#!+MeI!i> ""~""'1'~' 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 15 East, Crook County; thence South to the Southeast corner of Section 9, Township 18 South, Range 15 East, Crook County; thence West to the Northeast corner of Section 16, Township 18 South, Range 14 East, Deschutes County; thence South to the Southeast 1/. of the Northeast Y-1 of Section 16, Township 18 South, Range 14 East, Deschutes County; thence West through the center of Section 16 to the Southwest Y-1 of the NOlthwest '/4 of Section 16, Township 18 South, Range 14 East, Deschutes County, thence North to the NOlthwest corner of Section 16, Township 18 South, Range 14 East, Deschutes County; thence West to the Southwest corner of the Southeast 'I. of the Southwest 1/4 of Section 8, Township 18 South, Range 14 East, Deschutes County; thence North to the Northwest corner of the Northeast 1;4 of the Southwest 1/4 of Section 8, Township 18 SOllth, Range 14 East, Deschutes County; thence West to the Southwest comer of the Northwest 1;4 of Section 8, Township 18 South, Range 14 East, Deschutes County; thence NOlth to the point ofbeginlling at the Northwest corner of Section 5, Township 17 South, Range 14 East, Deschutes County, Page 1 of 1 -EXHIBIT D TO ORDER 2013-052 Proposed Alfalfa Rural Fire Protection District ..._•...._..._z._._....._... 46 3 6 5 s 9-r 712 .....1>6 .•.17 \ \ 32 33 TI715 T1815 31 T1814 .c (:)c:: 5 43 2 ~ 0 z. c::0 ~ (/) .l!! () 0 ::) .s::. ~ 0u til Q) () e 10 11 12 0 7 25 15 14 13 18 16 Key fire District Boundary :; o 2 1:70.000 3 SMiles 4 -.. -, ......... - Page 1 of2 -EXHIBIT E TO ORDER NO. 2013-052 PARTITION PLAT NO. 2005-47­ \ 10 15 fpage 2 of2 -EXHIBIT E TO ORDER NO. 2013-052