HomeMy WebLinkAboutOrder 005 - Annex to La Pine Park-RecDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 26, 2014
Please see directions for completing this document on the next page.
DATE: February 18, 2014
FROM: Laurie E. Craghead. Legal 388-6623
TITLE OF AGENDA ITEM:
Public Hearing for Consideration and Approval of Order 2014-005 Approving the Annexation of the
Proposed Territory into the La Pine Parks and Recreation District, Ordering that a Measure to Approve
the Annexation and Authorize a Permanent Rate Limit for Operating Taxes is Placed on the May 20,
2014 General Election Ballot and Authorizing Chair Signature on Election Documents.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On or about January 22, 2014, the La Pine Parks and Recreation District ("District") submitted to the
Deschutes County Board of County Commissioners ("Board") a resolution requesting annexation of
territory into the District. If approved, measure will annex to the La Pine Parks and Recreation District
primarily privately owned property in South Deschutes County, primarily from Spring River Road to
Grey Wolf Lane and Lively Lane outside the City of La Pine. The annexation will include 4,558 lots
and 6,800 acres of land. The territory to be annexed could be taxed the same as property within the
existing district at a maximum permanent tax rate of $0.30 per $1000 assessed value beginning in the
2014-2015 tax year. The estimated assessed value in the proposed territory is $533,095,307. If
approved, the measure is estimated to raise $159,928.59 in additional revenue in the first tax year. (A
map of the territory to be annexed will be included with the ballots.)
Annexation would allow the district to acquire land in the annexed territory to provide river access,
after school programs, and other parks and recreation services to the public in the area.
With Order 2014-004, the Board set the required public hearing for February 26, 2014. The public
hearing is to determine whether the territory proposed for annexation can be served by the District. The
Board can alter the boundaries of the territory proposed to be annexed if the Board finds that it is
appropriate to do so. After the public hearing, if the Board finds that the proposed territory to be
annexed can be served by the District, the Board must set the election and the next available election
that meets all statutory timelines is the May 20, 2014 election.
In Order 2014-005, the Board approves the annexation subject to the election, sets the election date and
approves Board Chair signature of the Notice of County Measure and Explanatory Statement in a form
substantially as that attached to the order. Once the Board signs Order 2014-005, County Legal
Counsel Department will submit to the County Clerk the Order and the proposed Notice of County
Measure. The County Clerk will advertise the proposed county measure for purposes of determining if
there are any objections to the form of the Ballot Title. Once the objection period has passed with no
objections, the Board Chair will sign the final Notice of County Measure form and the Legal Counsel
Department will file that with the County Clerk along with the map of the territory proposed to be
annexed.
FISCAL IMPLICATIONS:
Neither the order nor the election will have fiscal implications for the County as all costs will have to be
paid for by the District.
RECOMMENDATION & ACTION REQUESTED:
MOTION: Approve and sign Order 2014-005
ATTENDANCE: Laurie E. Craghead
DISTRIBUTION OF DOCUMENTS:
Original to Treana Henley for Treana to obtain certified copies from the County Clerk.
REVIEWED
LEGAL OL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving the Annexation of Proposed
Territory into the La Pine Parks and
Recreation District, Ordering that a Measure
to Approve the Annexation Placed on the
May 20, 2014 Ballot and Authorizing Chair
Signature on Election Documents.
* ORDER NO. 2014-005
WHEREAS, a resolution requesting annexation of territory into the La Pine Parks and Recreation
District ("District") was filed with the Deschutes County Board of County Commissioners ("Board") on or
about January 22, 2014; and,
WHEREAS, the Board held a public hearing on February 26, 2014, to hear the resolution and
any objections thereto and to consider, in accordance with ORS 198.850(3), the Deschutes
County Comprehensive Plan for the area and any service agreement executed between a local
government and the District; and,
WHEREAS, ORS 198.855 requires an election be held on the question of the annexation; and,
WHEREAS, a Notice of County Measure Election for the County Voters' Pamphlet must be
filed with the Deschutes County Clerk no later than February 28, 2014; and,
WHEREAS, ORS 198.815(1) requires the Board to cause notice of the election to be
published by two insertions in a publication of general circulation in the proposed District; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. The boundaries of the territory annexed to the said district, subject to the approval
of the electors in the territory proposed to be annexed and in the District, are as set forth in
Exhibit "A" and depicted on the map marked Exhibit "B".
Section 2. The Board adopts the findings by Community Development Department staff in
Exhibit "C," attached and incorporated by reference herein, regarding compliance with the
Deschutes County Comprehensive Plan.
Section 3. After Board signature, the Legal Counsel Department shall forward a copy of this
Order to the Oregon Department of Revenue, Oregon Secretary of State Archives Division,
Deschutes County Assessor's Office, and Deschutes County Tax Collector.
PAGE 1 OF 2- ORDER NO. 2014-005
Section 4. In accordance with ORS 198.855, the issue of annexation shall be referred to the
qualified electors of the proposed territory to be annexed at the May 20, 2014 election for
approval or rejection.
Section 5. The Deschutes County Clerk is hereby directed to place this matter on the May
20, 2014 ballot.
Section 6. The Board Chair is authorized to sign the Notice of County Measure Election and
Explanatory Statement.
Section 7. No later than February 28, 2014, the Notice of County Measure Election and
Explanatory Statement, in substantially the form set forth in Exhibit "D" and area Map as set
forth in Exhibit "B," attached and incorporated by reference herein, shall be submitted to the
Deschutes County Clerk who shall cause the Map in Exhibit "B" to be included with the ballot for
the election.
Section 8. Published notice of the election shall be given in substantially the form set forth in
Exhibit "E," attached hereto and by this reference incorporated herein.
Section 9. The Legal Counsel Department shall cause the notice to be published in The
Bulletin on April 6, 2014 and April 20, 2014.
Dated this
day of February, 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DEBONE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
PAGE 2 OF 2- ORDER NO. 2014-005
LA PINE PARK DISTRICT EXPANSION
A parcel of land located, and being a portion of or all, in Sections 1, 12, 13, 23, 24, 25, and 26 in
Township 20 South, Range 10 East, of the Willamette Meridian, and in Sections 7, 8, 17, 18, 19,
20, 29, and 30 in Township 20 South, Range 11 East, of the Willamette Meridian, Deschutes
County, Oregon and being more particularly described as follows:
Beginning at the Southwest corner of Section 26, in Township 20 South, Range 10 East of the
Willamette Meridian, Deschutes County, Oregon; thence northerly along the west line of said
section 26 to the Northwest corner of section 26; thence continuing northerly along the west line
of Section 23 to the South one -sixteenth (S1/16) corner on the west line of said section 23;
thence easterly along the north line of the south half of the Southwest one-quarter (S1/2 SW1/4)
to the center south one -sixteenth (CS1/16) corner of said section 23; thence continuing easterly
along the north line of the south one-half of the Southeast one-quarter (S1/2 SE1/4) to the
Southeast one -sixteenth (SE1/16) corner; thence northerly along the north -south center line of
the Southeast one-quarter (SE1/4) of said Section 23 to the center east one -sixteenth (CE1/16)
corner of said section 23; thence northerly along the north -south center line of the Northeast
one-quarter (NE1/4), of said section 23, to the East one -sixteenth (E1/16) corner on the north
line of said section 23; thence easterly along the north line of section 23 to the Northeast corner
of said section 23; thence northerly along the West line of section 13 to the South one -sixteenth
(S1/16) corner on the west line of said section 13; thence, leaving the west line of said section,
along the north line of the Southwest one-quarter of the Southwest one-quarter (SW1/4 SW1/4)
to the Southwest one -sixteenth (SW1/16) corner; thence northerly along the north -south
centerline of the Southwest one-quarter (SW1/4) to the center west one -sixteenth (CW1/16)
corner of said section 13; thence easterly along the east -west center line of section 13 to the
Center one-quarter (C1/4) corner; thence northerly along the north -south center line, of said
section, to the North one-quarter (N1/4) corner of section 13; thence westerly along the north
line of said section 13 to the Northwest corner of section 13; thence northerly along the west line
of section 12 to the Northwest corner of said section 12; thence easterly along the north line of
section 12 to the west one -sixteenth (W1/16) corner between section 12 and section 1; thence
northerly along the north -south centerline of the Southwest one-quarter (SW1/4) of said section
1 to the Southwest one -sixteenth (SW1/16) corner; thence easterly along the east -west
centerline of said Southwest one-quarter (SW1/4) to the center south one -sixteenth (CS1/16)
corner; thence northerly along the north -south centerline of said section 1 to the Center one-
quarter (C1/4) corner of said section 1; thence easterly along the east -west centerline of said
section 1 to the center east one -sixteenth (CE1/16) corner; thence southerly along the north -
south centerline of the Southeast one-quarter (SE1/4) of said section 1 to the east one -
sixteenth (E1/16) corner on the south line of section 1; thence easterly along the south line of
said section 1 to the Southeast (SE) corner of said section 1; thence continuing easterly along
the north line of section 7 in Township 20 South, Range 11 East, W.M. to the Northeast (NE)
corner of said section 7; thence continuing easterly along the north line of section 8 to the North
one-quarter (N1/4) corner of said section 8; thence continuing easterly along the north line of
said section 8 to the West -East one -sixty fourth (W -E 1/64) corner on the north line of said
Page 1 of 2 of Exhibit A - Order No. 2014-005
section 8; thence southerly to the Center -West -East one -sixty fourth (C -W -E 1/64) on the East -
west center line of said section 8; thence easterly along said center section line to the Center -
east one -sixteenth (CE1/16) corner; thence southerly along the north -south centerline of the
Southeast one-quarter (SE1/4) of said section 8 to the East one -sixteenth (E1/16) corner on the
line between section 8 and section 17; thence southerly along the north -south centerline of the
Northeast one-quarter (NE 1/2) of section 17 to the Northeast one sixteenth (NE1/16) corner;
thence westerly along the east -west centerline of the Northeast one-quarter (NE1/4) of said
section 17 to the Center -north one -sixteenth (CN1/16) corner of said section 17; thence
southerly along the north -south center line of section 17 to the Center one-quarter (C1/4)
corner; thence westerly along the east -west center section line to the West one-quarter (W1/4)
corner of section 17; thence westerly along the east -west centerline of section 18 to the center -
east one -sixteenth (CE1/16) corner of section 18; thence southerly along the north -south
centerline of the Southeast one-quarter (SE1/4) of section 18 to the East one -sixteenth (E1/16)
corner on the line between sections 18 and 19; thence westerly along said section line to the
one-quarter (1/4) corner for sections 18 and 19; thence southerly along the north -south
centerline of section 19 to the Center one-quarter (C1/4) corner; thence easterly along the east -
west center section line to the east one-quarter (E1/4) corner of section 19; thence easterly
along the east -west center line of section 20 to the Center one-quarter (C1/4) corner of section
20; thence northerly along the north -south centerline of section 20 to the North one-quarter
(N1/4) corner of section 20; thence easterly along the north line of section 20 to the east one -
sixteenth (E1/16) corner between sections 17 and 20; thence southerly along the north -south
centerline of the Northeast one-quarter (NE1/4) of section 20 to the center -east one -sixteenth
(CE1/16) corner of said section 20; thence continuing southerly along the north -south centerline
of the Southeast one-quarter (SE1/4) of section 20 to the east one -sixteenth (E1/16) corner on
the line between sections 20 and 29; thence westerly along the south line of section 20 to the
west one -sixteenth (W1/16) corner between sections 20 and 29; thence southerly along the
north -south centerline of the Northwest one-quarter (NW1/4) of section 29 to the center -west
one -sixteenth (CW1/16) corner; thence westerly along the east -west centerline of section 29 to
the West one-quarter (W1/4) corner of said section 29; thence southerly along the east line of
section 30 to the Southeast corner of section 30; thence along the south line of section 30 to the
southwest corner of section 30, also being the Southeast corner of section 25, Township 20
south, Range 10 East, W.M.; thence westerly along the south line of section 25 to the
Southwest corner of section 25; thence continuing westerly along the south line of section 26 to
the Southwest corner of section 26 and the point of beginning.
Page 2 of 2 of Exhibit A - Order No. 2014-005
Y-
.
('-RO BEAR PAW LN
MOCKINGBIRO:LN
Proposed Annexation Area
La Pine Park & Recreation District
Page 1 -Exhibit B to Order No. 2014-005
Proposed La Pine Park & Recreation
District Annexation Area
January 23, 2014
0
1" = 3,000'
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: January 5, 2014
TO: Treana Henley, County Legal Counsel, Legal Assistant
FROM: Paul Blikstad, Senior Planner
RE: Petition for Annexation into La Pine Parks and Recreation District; Your file no.
16/6-020
The Newberry Country: A Plan for Southern Deschutes County document, which is
acknowledged to be in compliance with the Statewide Planning Goals, encourages the use of
public facilities such as parks for the general public. The attached policies clearly establish this
idea.
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:
Staff finds that the proposed annexation to the La Pine Parks and Recreation District is
consistent with the Newberry Country Plan and Statewide Planning Goals.
Page 1 of 2 - Exhibit C to Order No. 2014-005
Quality Services Performed zvith Pride
Paul Blikstad
From: Peter Gutowsky
Sent: Tuesday, February 04, 2014 4:02 PM
To: Paul Blikstad
Subject: Re: La Pine Park and Recreation District / Comprehensive Plan Language
Newberry Country: A Plan for Southern Deschutes County
Public Facilities
Goal 8 Sustain public facilities and services commensurate with South County's unique development pattern.
Policy 8.1 Support local, state, and federal law enforcement and fire protection agencies.
Policy 8.2 Support agencies and organizations like the Deschutes Public Library, Bend -La Pine School District, Little
Deschutes Grange Hall and La Pine Park and Recreation District's missions that provide:
a. Services and programs for the community; and
b. Meeting spaces and educational resources.
Recreation
Goal 17 Encourage a variety of parks, trails and recreation options for South County residents.
Policy 17.1 Support parks and recreation facilities and services by:
a. Engaging the neighborhoods not served by a park district as of 2012 in a discussion of park district options;
b. Supporting the expansion of outdoor amenities, such as public or private campgrounds; and
c. Supporting agencies, schools and organizations, such as the La Pine Parks and Recreation District or Bend La Pine
School District, that provide a variety of youth facilities and programs.
Policy 17.2 Collaborate with the La Pine Park and Recreation District, community organizations, Sunriver and La Pine to
provide safe and convenient river access points, including:
a, Improving existing sites including those at or near Harper Bridge and Maxwell Veterans Memorial Bridge; and
b. Assessing options for new or improved public locations.
Policy 17.3 Work with the U.S. Forest Service and Bureau of Land Management to maintain and improve access to
recreation activities including hunting, fishing, hiking and off-road opportunities.
Policy 17.4 Ensure that the trails policies under the Transportation section of this Plan consider also multi -use and
specialized recreational trails,
Page 2 of 2 - Exhibit C to Order No. 2014-005 1
Notice of Measure Election
Count
SEL 801
rev. 01/14: ORS250.035, 250.041,
250 175, 254.103, 254.485
Notice
Date of Notice
Name of County of Counties
Deschutes
Date of Election
May 20, 2014
The following is the final ballot title of the measure to be submitted to the county's voters.
Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed.
Caption 10 words which reasonably identifies the subject of the measure
To Annex Territory to La Pine Parks and Recreation District
Question 20 words which plainly phrases the chief purpose of the measure
Shall La Pine Parks and Recreation District annex additional territory in South Deschutes County?
Summary 175 words which concisely and impartially summaries the measure and its major effect
If approved, the measure will annex to the La Pine Parks and Recreation District primarily privately owned property in
South Deschutes County, primarily from Spring River Road to Grey Wolf Lane and Lively Lane outside the City of La Pine.
The annexation will include 4,558 lots and 6,800 acres of land. A map of the territory to be annexed will be included with
the ballots.
The territory to be annexed will be taxed the same as property within the existing district at a maximum permanent tax
rate of $0.30 per $1000 assessed value beginning in the 2014-2015 tax year. The estimated assessed value in the
proposed territory is $533,095,307. If approved, the measure is estimated to raise $159,928.59 in revenue in the first tax
year.
Annexation would allow the district to acquire land in the annexed territory to provide river access, after school programs
and other parks and recreation services to the public in the area.
Explanatory Statement 500 words that impartially explains the measure and its effect, if required attach to this form
If the county is producing a voters' pamphlet an explanatory statement must be submitted for any measure referred by the
county governing body and if required by local ordinance, for any initiative or referendum.
Measure Type
County producing voters' pamphlet
Local ordinance requiring
submission
Explanatory statement
required
• Referral
❑ Initiative
❑ Referendum
❑ Yes
❑ Yes
❑ Yes
❑ No
❑ No
❑ No
❑ Yes
❑ Yes
Not applicable
❑ No
❑ No
❑ Yes
❑ Yes
❑ Yes
❑ No
❑ No
❑ No
Authorized County Official Not required to be notarized
—► By signing this document, I hereby state that I am authorized by the county to submit this Notice of Measure Election
and I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this
measure completed.
Name
Tammy Baney
Title
Chair, Board of County Commissioners
Work Phone
541-388-6567
Signature
Page 1 of 2- Exhibit D to Order 2014-005
Date Signed
EXPLANATORY STATEMENT FOR COUNTY VOTERS' PAMPHLET (2014)
Ballot Title Caption: TO ANNEX TERRITORY TO LA PINE PARKS AND RECREATION
DISTRICT
Measure Number: Word Total (500) Maximum 184
(Explanatory Statement Shall be Typed)
If approved, the measure will annex to the La Pine Parks and Recreation District primarily privately
owned property in South Deschutes County, primarily from Spring River Road to Grey Wolf Lane and
Lively Lane outside the City of La Pine. The annexation will include 4,558 lots and 6,800 acres of
land. A map of the territory to be annexed will be included with the ballots.
The territory to be annexed will be taxed the same as property within the existing district at a
maximum permanent tax rate of $0.30 per $1000 assessed value beginning in the 2014-2015 tax
year. The estimated assessed value in the proposed territory is $533,095,307. If approved, the
measure is estimated to raise $159,928.59 in revenue in the first tax year.
Annexation would allow the district to acquire land in the annexed territory to provide river access,
after school programs and other parks and recreation services to the public in the area.
The measure must be approved by a majority of the electors within the existing district boundaries
and a majority the electors in the territory proposed to be annexed.
Person responsible for the content of the Explanatory Statement:
(Typed) Tammy Baney, Chair Board of County Commissioners
(Signed) X
Deschutes County Board of County Commissioners
Name of the Governing Body the person represents
Page 2 of 2- Exhibit D to Order 2014-005
NOTICE OF ELECTION ON ANNEXATION OF TERRITORY TO THE
LA PINE PARKS AND RECREATION DISTRICT
Pursuant to ORS 198.815(1), the notice is hereby given that on May 20, 2014, an
election will be held within the boundaries of the proposed territory on whether to
annex the territory into the La Pine Parks and Recreation District.
The purpose of the proposed annexation is to allow the District to acquire land in
the annexed territory to provide river access, after school programs, and other
parks and recreation services to the public in the area. If approved, the measure
will annex to the District primarily privately owned property in South Deschutes
County, primarily from Spring River Road to Grey Wolf Lane and Lively Lane
outside the City of La Pine.
All persons registered to vote within the boundaries of the proposed territory are
eligible to vote on this measure.
Page 1 of 1 — Exhibit E to Order No. 2014-005