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HomeMy WebLinkAboutHearing - 911 CSD FormationDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -\vww.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of January 18,2012 @ 10:00 am Please see directions for completing this documellt on the next page. DATE: January 11,2012. FROM: Laurie Craghead Legal Phone # 541-388-6623 TITLE OF AGENDA ITEM: Possible Hearing or Continuation to 1 :30 pm of the Public Hearing and Consideration of Board Signature of Order 2012-006 Approving Formation ofa Deschutes County Chapter 451 Service District for Emergency Communication Services, Withdrawal of Properties Currently in the Emergency Communications Services District in Deschutes County, and setting a Public Hearing. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: At this hearing, the Board of County Commissioners will convene the hearing as both the governing body of Deschutes County and as the governing body for the Deschutes County 9-1-1 Service District. For more background, please see the Agenda Request for the 1 :30 pm hearing scheduled for this same day. In Order 2011-027, the Board ordered the first public hearing on the formation of the new 9-1-1 district to be held at 1 :30 pm. The initial published and posted notice, however, inadvertently said 10:00 am. Thus, although corrected notices were published and posted, in the event that members of the public saw only the initial notice, the Board must convene and open the hearing at 10:00 am. If no members of the public are in attendance at that time, the Board may immediately continue the hearing to I :30 pm that day. If members of the public attend the morning hearing and cannot return at the 1 :30 pm hearing, the the Board should take their testimony, then continue the hearing to the 1 :30 pm. All members of the Board may attend by telephone and the speaker phone will be located in the Barnes hearing room. FISCAL IMPLICATIONS: See Agenda Request for 1 :30 pm hearing RECOMMENDATION & ACTION REQUESTED: Take testimony of any members of the public in attendance, then continue the hearing to 1:30 pm. ATTENDANCE: Laurie Craghead DISTRIBUTION OF DOCUMENTS: N/A REVIEWED "---,-". ,.;-. .., .. g LEGAr COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ALSO ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT An Order Approving Formation of a * Deschutes County Chapter 451 Service * ORDER NO. 2012-006 District for Emergency Communication * Services, Withdrawal of Properties Currently * in the Emergency Communications Services * District in Deschutes County, and setting a * Public Hearing. * WHEREAS, on December 19,2011, the Board of County Commissioners ("Board") initiated formation of a new County Chapter 451 service district to provide enhanced 9-1-1 emergency reporting services, together with withdrawal of the area in Deschutes County in the existing district; and, WHEREAS, at its hearing of January 18, 2012, the Board considered the information and recommendations of staff and heard public testimony on whether to approve formation and withdrawal, including the need for adequate long-term funding for such a critical service, the economic feasibility of a new district, its conformance with applicable laws, the appropriate boundaries, the appropriate permanent tax rate limit and other relevant matters; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, also acting as the governing body of the Deschutes County 911 Service District, hereby ORDERS as follows: Section 1. The proposed formation of an ORS Chapter 451 county service district for emergency communications, including 9-1-1 services is economically feasible, complies with all applicable laws, including but not limited to ORS 197.175, would benefit all property and residents within Deschutes County, and, therefore, is approved; Section 2. The withdrawal of all property in the existing emergency communications district, Deschutes County 911 Service District, in Deschutes County to occur simultaneously with the formation of a new district is approved; Section 3. Should the new district be formed and funded, a merger of the remaining portion of the district in Jefferson County shall be proposed such that the existing district would no longer be necessary for the purposes for which it was fornled and, therefore, it would be in the best interest of the inhabitants of the Deschutes County 9-1-1 Service District to dissolve and liquidate said district; Page 1 of2 -ORDER NO. 2012-006 Section 4. No changes to the boundary of the proposed district as described in Order No. 2011­ 027 are necessary or appropriate; accordingly, the boundary shall be substantially as legally described in Exhibit "A" and depicted on the map in Exhibit "B," both exhibits attached hereto and by this reference incorporated herein; Section 5. The name of the proposed district shall be the Deschutes 9-1-1 County Service District; Section 6. The proposed Deschutes 9-1-1 County Service District, if fornled, will have a peonanent rate limit for operating taxes of $.39 per $1,000 assessed value that, if fully levied, would raise an estimated $ $5,039,931 in operating funds for the District in the 2012-2013 fiscal year, however it is the intent of the Board to initially levy only the existing tax rate of $.33 per $1000 assessed value Section 7. The Deschutes 9-1-1 County Service District shall be authorized to take all necessary and proper steps to plan, establish, furnish and maintain a 9-1-1 emergency communications system within Deschutes County and to construct, maintain and operate any related facilities pursuant to ORS 451.010 et seq. Section 8. A second public hearing regarding foonation of the Deschutes 9-1-1 County Service District, withdrawal of all territory from the existing Deschutes County 9-1-1 Service District and the dissolution of the existing District shall be held at 10:00 am on February 8, in the Deschutes County Board Hearing Room, 1300 NW Wall St., (First Floor), Bend, Deschutes County, Oregon. Section 9. The land use compatibility statement regarding this proposed special district fornlation as contemplated in ORS 197.175, economic feasibility analysis, staff reports and resolutions approving the proposed fOfOlation fTOm the public and private safety agencies are approved as findings and evidence in support of approval of the foonation proposaL Section 10. The County Legal Counsel shall publish notice of the public hearing and take all such other steps as are required and appropriate to conduct a second public hearing on formation of a new county service district for emergency communications and simultaneous withdrawal of properties from the existing district. Dated this 18th day of January, 2012 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ALSO ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT ANTHONY DEBONE, Chair --~-~~--~--~-~-~--------- TAMMY BANEY, Vice-Chair ATTEST: Recording Secretary ALAN UNGER, Commissioner Page 2 of2 -ORDER NO. 2012-006 Deschutes County as described in ORS 201.090. Order 20 l2-006 Exhibit A -Page 1 117H 1108 r127H 1208 L.t -.-1 } -.. 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