HomeMy WebLinkAboutOrder 010 - Set Hearing - Annex into DCRFPD2❑r 'L t.7-<
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 April 27, 2011
Please see directions for completing this document on the next page.
DATE: April 19, 2011.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2011-010, accepting the Petition and setting date for public
hearing for annexation into Deschutes County Rural Fire Protection District #2.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On April 7, 2011. Mr. Baker and Ms. Donohue submitted a petition to annex petitioners' property
located at 18399 Tumalo Reservoir Road, Bend. OR 97701. On April 14, 2011, 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. 2011-010 attached for Board signature, sets that hearing date for May 25, 2011.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Approval of Order No. 2011-010 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 Baker -
Donohue Annexation into the Deschutes County
Rural Fire Protection District #2
*
*
*
ORDER NO. 2011-010
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District No. 2 was duly filed with the Deschutes County Board of County Commissioners
(`'Board") on or about April 14, 2011, 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 May 25, 2011; 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 Deschutes County Rural Fire Protection District
#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 Wednesday, May
18, 2011, at 10:00 a.m. at 1300 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 May 9, 2011 and May 19, 2011 and posted on May 9, 2011,
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 or 2- ORDER No. 2011-010 (04/27/11)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to May 25, 2011 (hearing date), 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
ATTEST:
of May, 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
ANTHONY DeBONE, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
PAGE, 2 OF 2- ORDER No. 2011-010 (04/27/11)
PETITION TO ANNEX PROPERTY TO DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #2
To: The Board of County Commissioners Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955
2. This annexation Petition affects only Deschutes County and Deschutes County
Rural Fire Protection District #2 (DCRFPD #2)
3. The principal act for DCRFPD #2 is ORS 478.0-01, et seq.
4. The territory that is subject to this petition for annexation is primarily
un -inhabited. The attached petitions in support of this annexation are signed by land owners and
registered voters in the area proposed to be annexed as indicated opposite their respective
signatures, and that all signatures were obtained on or after the 11.- day of FQ.la( t.a r') ,
roll
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.
Dated this 5 day of \-, 6 n�
NAME � � , �� ' i NAME rA 6- j c. NJ
ADDRESS � U r,�a. a ��'SC�.t�O i Q. ADDRESS e 3 r1 (�na CL
PHONE ;> ((" 3"30 PHONE 4 l - > v - - 6 .-i
Approved by the Board of directors of Deschutes County Rural Fire Protection District #2 this
.2_ day of /11 !4-g , ,_2 G' %/
Approved by City of Bend Board of Directors DCRFPD #2
By: ✓�
Exhibit 1 to 2011-010
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FIN 5/14/91 SU:URI.' Y
FOR SPECIAL i,iSTRICT FORMATION
L j FORMATION EY:s] ANNEXATION
To: Deschutes County Rural
No. of precincts in district @ $
LMFUSI'l
Fire
per
OR REG.,GANIZATION
WITHDRAWAL
Protection District
precinct =$
DISSOLUTION
42
(maximum of S10,000)
_
total deposit
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF CASH/SECURITY DEPOSIT
-, .
-; - -) 71-, 7/
-1 NAME (PRINT) s'''"k' 'C' ''' \—.7(*: ''' \''
SIGNATURE '''' '
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RESIDENCE ADDRESS VA3.L11...
MAILING ADDRESS (IF DIFFERENT) -“‘" \ 3' ''''-'‘c (-- -7---'';;! (:.;,,,,'-;c- etf:,,,•,t- n.
CITY, STATE, ZIP CODE ___ ___________
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AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSII ric)(;)
KIND OF CONTRIBUTION:* .31. CASH n BOND
OTHER SECURITY DEPOSIT
L. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* 1- 1 CASH
BOND H OTHER SECURITY DEPOSIT
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* p CASH LJ BOND
aniER SECURITY DEPOSIT
CHIEF PETITIONERS
1/we hereby declare if the costs of the attempted formation, annexation, withdrawal, or dissolution of
district exceed the deposit, 1/we 11 pay to the county/tteasurer
the amount of the excess costs (ORS 198.775). ‘ ':
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1. NAME (PRINT) 0,0,e; 1:),=,) -L, L, SIGNATURE
RESIDENCE ADDRESS '''s, '''-' ” ( t' Y"'-'; ,' .''.; :- - DATE
MAILING ADDRESS (IF DIFFERENT) -A' .':>.- 11 " ; tA .2>C, '-‘,!-;
CITY, STATE, ZIP CODE t'.A,--,A) 0 C_ '('3-70 DAY TELEPHONE :',,'(i - Tx:, - ;-:66 7
2. NAME (PRINT) -T,--L,,') '-`20,,I<--'-:_. SIGNATURE
RESIDENCE ADDRESS t q 7;7- t "c-,,--,--tAc, P‘,,f,',./')• ' P DATE
3
MAILING ADDRESS (IF DIFFERENT) L,-, l (3 i 1 ” ; c',6'--;-(,.- CI ,_ ‘, ,,-L_ 1----' 0 c , c.:-7.-.--.
CITY, STATE, ZIP CODE (7-','-'-.) (-)-- (1?q?(:).1 DAY TELEPHONE .;-t( / - 3 3c - :-66
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS DATE
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE DAY TELEPHONE
.Provide additional description of security deposit on reverse or separate sheets. Additional contributors may be listed on separate sheets and attached.
Page 3
Order No, 115152
Page 4
EXHIBIT "A"
LEGAL DESCRIPTTCN
FEE PARCEL:
The Southeast Quarter of the Northeast Quarter of the Northeast Quarter
(SEI/4NE/14NE1/4) of,' -Section Four (4), Township Seventeen (17) "cuth, Range Eleven•:
(11), East of the Willamette Meridian, Deschutes County, Oregon.
EASEMENT PARCEL:
An easement for ingress and egress, including the germs and provisions thereof,
recorded March 15, 1965 1T Book 142, Page 484, Deed Records,
An easement for ingress and egress, including the terms and provisions thereof,
recorded May 10, 1966 in Book 148, Page 415, Deed Records.
Exhibit 1 to 2011-010
Page 4
SEC 4 '117s. R.11E,W,M.
DESCHUTES COUNTY
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Page 5
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EXHIBIT "2"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Baker -Donohue Annexation, to the
Deschutes County Rural Fire Protection District #2, will be held on May 25, 2011, 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
Tammy Baney, Chair
To be published in The Bulletin: May 9, 2011 and May 19, 2011
To be posted: May 9, 2011
EXHIBIT "2" - ORDER No. 2011-010 (04/27/11)