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Home My WebLink AboutOrder 030 - Pinewood SRD Election ResultsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oig AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 9, 2010 Please see directions for completing this document on the next page. DATE: June 2, 2010 FROM: Laurie E. Craghead. Legal 388-6623 TITLE OF AGENDA ITEM: Consideration and Approval of Order 2010-030 Order Declaring the Results of the Primary Electir n Held on May 18, 2010 for the Pinewood Country Estates Special Road District PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: On May 18, 2010, the Primary Election was held and the electors voted to form the Pinewood Country Estates Special Road district. On June 2, 2010 the Clerk of Deschutes County certified the votes recorded for this election and submitted her report to the Board of County Commissioners. Statute s require that the Board canvass the votes in order to officialy form the District. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Approve and sign Order 2010-030 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 Declaring the Results of the Primary Election Held on May 18, 2010 * ORDER NO. 2010-030 For the Pinewood Country Estates Special * Road District * WHEREAS, an election in Deschutes County, Oregon was held on May 18, 2010 on the measure set forth in Exhibit A concerning the proposed Pinewood Country Estates Special Road District ("District"); and WHEREAS, an Abstract of Votes, a copy of which is attached as Exhibit B, shows that a majority of those persons voting, voted to approve the measure; and WHEREAS, ORS 198.820(1) requires the Board to canvass the votes and declare the District formed if the Board determines that the majority of the votes cast were in favor of formation of the District; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1: At the election held in Deschutes County, Oregon on May 18, 2010, as eviden ed by the abstract of votes, a copy of which is attached as Exhibit B and incorporated by refere ice herein, twenty-three (23) electors cast ballots on the issue of formation of the District, and, of th )se electors, sixteen (16) electors voted YES, and seven (7) voted NO on the measure captioned TO FORM ROAD DISTRICT AND ESTABLISH PERMANENT TAX RATE LIMIT, as set forth in the attached Exhibit A, incorporated by reference herein. Section 2: Because a majority of the electors voting approved the formation of the propo Jed district, the measure is declared to have passed and the District to be formed. Section 3: The name of the District shall be the Pinewood Country Estates Special R;)ad District and the boundaries shall be as legally described in Exhibit C and depicted on the map Exhibit D, both exhibits being attached hereto and by this reference incorporated herein. Section 4: The purpose of the District is to take all necessary and proper steps to plan, establish, furnish and maintain a system for the construction, improvement and maintenance of public roads contained within the District's boundaries pursuant to ORS 371.336. Section 5: The permanent rate limit for operating taxes is $2.50 per $1,000 assessed value for the District for ad valorem taxes pursuant to Section 11, Article 11, Oregon Constitution, is her aby established. Page 1 of 2 ORDER 2010-030 Section 6: The Legal Department shall cause certified copies of this order be filed with the Deschutes County Clerk and Assessor and the Oregon Department of Revenue and Secretary of State pursuant to ORS 198.780(1) and ORS 308.225. Dated this ATTEST: day of June, 2010. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR ALAN UNGER, VICE -CHAIR Recording Secretary TAMMY BANEY, COMMISSIONER Page 2 of 2 ORDER 2010-030 SEL 803 ORS 250.035 REV8/00 NOTICE OF DISTRICT MEASURE ELECTION ORS 250.041 ORS 2 5.145 ORS 255.345 PINEWOOD COUNTRY ESTATES SPECIAL ROAD DISTRICT (Name of District) Notice is hereby given that on May 18, 2010 (Date of Election) A measure election will be held in Deschutes County, Oregon. (Name of County or Counties) The following shall be the ballot title of the measure to be submitted to the district's voters on this date: CAPTION (10 Words) TO FORM ROAD DISTRICT AND ESTABLISH PERMANENT TAX RATE LIMIT QUESTION (20 Words) Shall Road District be formed and impose $2.50 per $1,000 assessed value as permanent rate limit beginning 20] )- 2011? SUMMARY (175 Words) A special road district would be established, covering the designated area. The name of the district would be the Pinewood Country Estates Special Road District. The purpose of the district would be to construct, improve and maintain the public roads contained within the district's boundaries and engage in the powers of the district authorized by ORS 371.336. If approved, this measure would authorize the district to tax properties within the district for the abov> listed services at a maximum permanent tax limit of $2.50 per $1,000 assessed value and is estimated ti raise $12,598.00 in operating funds for the District in the first year. The district taxes would be impose i starting with tax year 2010-2011. If this measure passes, The Board of County Commissioners would appoint a three-member board of commissioners for the district. These members would be appointed From among the voters within the district. (Map of the proposed district will accompany the ballots.) The following thorized district official hereby certifies the above ballot title is true and complete. --(— ti- q -Lk pi x/61D , ; Signature of authorized district official (not required to be notarized) Date signed Chair, Deschutes County Boar 1 of Dennis R. Luke County Commissioners Printed name of authorized district official Title Page 1 of 1 - Exhibit A to Order No 2010-030 t r ' ri 1 (i NUMBERED KEY CANVASS RUN DATE:06/02/10 10:06 AM Deschutes County, Oregon Primary Election May 18, 2010 VOTES PERCENT 9-78 Pinewood Country Estates Special Road Dist Form Vote For 1 01 = Yes 02 - No 0038 38 WITH 1 OF 1 PRECINCTS REPORTING 16 69.57 03 = OVER VOTES 7 30.43 04 - UNDER VOTES 01 02 03 04 16 7 0 0 Official Results REPORT-EL52 PAGE 0038 VOTES PERCENT 0 0 Page 1 of 1 - Exhibit B to Order No. 2010-030 I, Nancy Blankenship, Deschutes County Clerk, do F ereby certify that the votes recorded on this report correctl summarize the tally of votes cast at the May 18, 201 Primary Election. Dated this 2nd day of June, 2010. Nancy Blankenship Deschutes County Clerk All of the lots, blocks and roads in the official plat of Pinewood Country Estates (originally platted at Sitkum East 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 C to Order No. 2010-030 • 1 -g Page 1 of 2 - Exhibit D to Order No. 2010-030 Pinewood Country Estates Special Road District Sec. 36, T20S, R1 OE, W.M. Deschutes County Legend LAP 'INF -STATE -111E CREATION -RD.._— ............._._.... . Proposed Pinewood Country Estates Special Road District 0 0.25 0.5 1 Miles Page 2 of 2 - Exhibit D to Order No. 2010 X030 I ► � I DISCLAIMER, The Intonation on this map was derived fru r digital d.taber. on Deachulas Courtly's G.I.S. Care was taken In the veal n cities map, blade provided"es '. D. acihutea County csnnot accept any n.panSGity for error, am's.lor, or positional accuracy in the digt,.] data or the nderlylrp records. Than ere no warrantee, express or Implied, Including Us, verve My of m.ro aMabilty or Amer lar a part culla purpose, accompany, g tie. product. However, notification dant errors w11 be appreciated.