HomeMy WebLinkAboutOrder 011 - Pinewood Country Estates SRDDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 3, 2010
Please see directions for completing this document on the next page.
DATE: January 26, 2010
FROM: Laurie E. Craghead. Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2010-011 Order Forming the Pinewood Country Estates Spec ial
Road District, Establishing the Name and Ordering that a Measure to Form the District and Authori Ke a
Permanent Rate Limit for Operating Taxes be Placed on the May 18, 2010 Primary Election Ballot
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On January 6, 2010, the Deschutes County Board of County Commissioners ("Board") held a duly
noticed public hearing and approved Order No. 2010-008, approving formation of a special road di ;trict
and the proposed permanent tax rate and setting the date for the required final hearing on this matter.
This hearing on February 3, 2010 is the second of two statutorily required hearings on the fromatio 1
issue. The question of district formation will be placed on the May 18, 2010 election. Legal Coun ;el
will draft the required documents for Board approval and Chair signature.
FISCAL IMPLICATIONS:
The Board will have to determine which costs to charge to the Chief Petitioners if the measure fail'- and
to the District if the measure is approved in the May 18, 2010 election.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign Order 2010-011
ATTENDANCE: Laurie E. Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Georgia Springer.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Forming the Pinewood Country
Estates Special Road District, Establishing
the Name and Ordering a Measure to Form
the District, Authorizing a Permanent Rate
Limit for Operating Taxes be Placed on the
May 18, 2010 Primary Election Ballot
*
* ORDER NO. 2010-011
*
*
*
WHEREAS, pursuant to ORS 267.520(1), the Board of County Commissioners of Deschutes
County, Oregon (Board") approved the formation of the Pinewood Country Estates Special Road
District ("District") on January 6, 2010 in Order No. 2010-008, incorporated by reference herein; and,
WHEREAS, the Board finds that a permanent tax rate limit of $2.50 per $1000 assessed value
is sufficient to assure adequate revenue to operate the District; and,
WHEREAS, the governing body of the district shall consist of three members appointed by tie
Board of County Commissioners; and,
WHEREAS, if the District formation and permanent rate limit is approved, the appointment of
the District Board Members shall be after the election held on the third Tuesday of May, 2010; and,
WHEREAS, ORS 198.810 (3)(a) requires an election be held on the question of forming tie
District and setting a permanent rate limit and the May 18, 2010 primary election is the first available
election; and,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGCN,
ORDERS as follows:
Section 1. The Pinewood Country Estates Special Road District is hereby declared to be
formed subject to the approval of the electors in the proposed district in the May 18, 2010 primary
election.
Section 2. The name of the district shall be the Pinewood Country Estates Special Rcad
District and the boundaries shall be as legally described in Exhibit "A" and depicted on the rrap
Exhibit "B," both exhibits being attached hereto and by this reference incorporated herein.
Section 3. The proposed Pinewood Country Estates Special Road District, if formed, will have a
permanent rate limit for operating taxes of $2.50 per $1,000 assessed value that will raise an estimated
$12,598.00 in operating funds for the District in the 2010-2011 fiscal year.
Section 4. The Pinewood Country Estates Special Road District shall be authorized to take all
necessary and proper steps to plan, establish, furnish and maintain a system for the construct on,
improvement and maintenance of public roads contained within the district's boundaries pursuant to CRS
371.336.
Page 1 of 2 ORDER 210-011 (02/03/10)
Section 5. In accordance with ORS 198.810 (3)(a), the issue of forming the Pinewood Country
Estates Special Road District and authorizing the permanent rate limit for operating taxes shall be
referred to the qualified electors of Deschutes County at the May 18, 2010 primary election for
approval or rejection.
Section 6. The Deschutes County Clerk is hereby directed to place this matter on the May 1;3,
2010 primary election ballot.
Section 7. The Deschutes County Counsel is hereby directed to draft the Notice of Distri,t
Measure Election and Explanatory Statement for Board approval of Chair signature no later the n
February 24, 2010.
Dated this day of February, 2010
BOARD OF COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE -CHAIR
ATTEST:
Recording Secretary TAMMY BANEY, COMMISSIONER
Page 2 of 2 ORDER 210-011 (02/03/10)
All of the lots, blocks and roads in the official plat of Pinewood Country Estates
(originally platted at Sitkum Acres) in Section 36, Township 20 South, Range 10 E.
Willamette Meridian, Deschutes County, Oregon EXCEPTING THEREFROM Lot 5,
Block 3 of Pinewood Country Estates and that portion of Maple Drive therein encircled
by said Lot 5.
Page 1 of 1 — EXHIBIT A of Order No. 2010-011
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Pagel of 1 Exhibit 13 of Order No. 2010-011
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