HomeMy WebLinkAboutOrder 010 - Laidlaw Water District�`J C
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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 February 24, 2009
Please see directions for completing this document on the next page.
DATE: February 17, 2010.
FROM: Laurie E. Craghead. Legal 541-388-6623
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2010-010 - Initiating the Dissolution of Laidlaw Water
District
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Secretary of State notified Deschutes County that Laidlaw Water District has failed for
three consecutive years to file the reports required by municipal audit law ORS Chapter 297, section ;
297.435 and 297.465. Under the provisions of ORS 198.335 to 198.365, dissolution procedures can be
initiated. Deschutes County sent a letter to Laidlaw Water District informing them of these facts on
November 25, 2009 and has not received a reply. Therefore, Deschutes County is initiating the
Dissolution of Laidlaw Water District.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Recommend approval of Order 2010-010.
ATTENDANCE: Laurie E. Craghead
DISTRIBUTION OF DOCUMENTS:
Georgia Springer
REVJEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Initiating the Dissolution of Laidlaw
Water District.
* ORDER NO. 2010-010
WHEREAS, ORS 198.335 to 198.365 allows a county board to initiate proceedings to dissolve
special districts for which the county board receives notice from the Oregon Secretary of State or
Department of Revenue that the district failed to file the reports required by ORS 297, sections
297.435 and 297.465 for three consecutive years; and
WHEREAS, the Secretary of State's office contacted Deschutes County that the required
reports have not been filed for three consecutive years for Laidlaw Water District ("District"), and
WHEREAS, County staff searched County records and found that there exists vacant
positions on the governing board of Laidlaw Water District and County Counsel received no answer to
the letter dated November 25, 2009 sent to Laidlaw Water District inquiring if Laidlaw Water District
would remedy the deficiencies as pointed out in the Secretary of State's letter dated October 27,
2009.
WHEREAS, with this order, County Legal Counsel filed the financial statement required b
ORS 198.350, which is attached as Exhibit "A" and incorporated by reference herein; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE:;
COUNTY, OREGON, as follows:
Section 1. The Board shall hold a hearing on the dissolution of the Laidlaw Water District
("District") on March 24, 2010, at 10:00 a.m. at 1300 NW Wall Street, Barnes Hearing Room, Bend,
Deschutes County, Oregon.
Section 2. Notice of Hearing shall be given in substantially the form set forth in Exhibit "B,
attached hereto and by this reference incorporated herein. County Legal Counsel shall cause the
notice to be published in The Bulletin on March 3, 10 and 17, 2010 and posted on or before March 1,
2010, 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; and one notice shall be posted
upon any official public bulletin board customarily used for the purpose of posting public notices at the
County courthouse. Notices posted shall be for not less than five (5) consecutive days.
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PAGE 1 OF 2 — ORDER No. 2010-010 (02/24/10)
Section 3. The Board adopts as its findings in support of this decision the Financial
Statement attached as Exhibit "A" and incorporated by reference herein.
DATED this day of February, 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: ALAN UNGER, Vice -Chair
Recording Secretary TAMMY BAN EY, Commissioner
PAGE 2 OF 2 — ORDER No. 2010-010 (02/24/10)
FINANCIAL STATEMENT FOR DISSOLVING
LAIDLAW WATER DISTRICT
ORS 198.345(1) requires that the Oregon Secretary of State or Oregon Department of Revenue
contact the county board of the county within which a special district's boundaries are located if those
agencies have not received from the special district the documents required by that statute for three
consecutive years. The Deschutes County Legal Department received such a notice from the Oregoii
Secretary of State.
Upon notice from the State agencies, ORS 198.350 requires the Board of County Commissioners
("Board") to prepare and submit to the County Clerk a financial statement for the district to be
dissolved. The following is the information relating to each of the required elements for the financial
statement.
1. On April 20, 1977 Tumalo Domestic Water Supply District was formed and the name
was changed to Laidlaw Water District on June 6, 1979.
2. County records show that on May 15, 2007, David Tyler and Dale Peer, Sr., were
elected to the governing board of Laidlaw Water District. On May 19, 2009, Robert
Fish was elected to the governing board of Laidlaw Water District. All of these terms
are for four years. There are two vacancies on the governing board of Laidlaw Water
District that remain unfilled.
3. County staff was unable to find any outstanding bond, coupon or other indebtedness cf
the District.
4. County staff was unable to find any real property that the Districts owned but did find
several easements given to the district. The county assumes those easements wi l
eventually be deemed abandoned with the dissolution of the district.
5. County staff was unable to find any uncollected charges, taxes or assessment of the
Districts.
6. County staff was unable to find any personal property of the District's.
7. The estimated cost of the dissolution is estimated to be only that of County Legal, Tax
and Board staff and of Board time in researching, preparing and processing the
appropriate documents for the dissolution hearing and in conducting the dissolution
hearing.
Because the District failed to regularly elect district board members, provide services to the land
owners or electors within the District, or levy taxes for properties within the District, no public need
exists for the continuation of the District, it is in the best interest of the inhabitants of the District and
the people of the County that the District be dissolved and liquidated, and
Pursuant to ORS 198.930(5), because the County has not been able to contact any board member
the Board must act as the board for the District in initiating and finalizing the dissolution of the district
In finalizing the dissolution, ORS 198.925(2) requires that the Board plan for the distribution of the,
funds remaining from the district. ORS 198.365 requires that the fund of the Districts remaining, if any
must first go to pay any debts and dispose of any property of the District. The remaining funds, if any
are to be credited to the County's general fund.
Page 1 of 1 - Exhibit A — Order 2010-010 (02/24/10) - Financial Statement For Dissolving
Laidlaw Water District
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding proposed dissolution of special district (Laidlaw Water District) will
be held on Wednesday, March 24, 2010, at 10:00 a.m. in the Board of County Commissioners'
Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
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 Targe print or audio format. To
request these services, please call (541) 388-6571.
BOARD OF COUNTY COMMISSIONERS FOR
DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
PAGE 1 OF 1 — EXHIBIT B — ORDER 2010-010 (02/24/10) — HEARING NOTICE