HomeMy WebLinkAboutOrder 018 - Annex into DCRFPD 1Deschutes 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 27, 2008
Please see directions for completing this document on the next page.
DATE: February 20, 2008.
FROM: Laurie E. Craghead. Legal Phone # 6593
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2008-018, accepting a Petition and setting a date for a publi
hearing for annexation of certain property into Deschutes County Rural Fire Protection District No. 1.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On February 14, 2008, Al and Cindy Pagel submitted a petition to annex petitioners' property located at
67406 SW Cline Falls Road, Redmond, Oregon. On February 19, 2007, 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.
2008-018, attached for Board signature, sets that hearing date for March 26, 2008.
FISCAL IMPLICATIONS:
N/A.
RECOMMENDATION & ACTION REQUESTED:
Consideration and approval of Order No. 2008-018 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 Meyer
Annexation into the Deschutes County Rural Fire
Protection District #1
*
*
*
ORDER NO. 2008-018
WHEREAS, a petition requesting annexation of territory into Deschutes County Rural Fire
Protection District #1 was duly filed with the Board of County Commissioners of Deschutes County
on or about February 14, 2008, a copy of which is attached hereto as Exhibit "A" 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 March 26, 2008; 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
No. 1, a copy of which is attached hereto as Exhibit "A," is hereby accepted for filing.
Section 2. That a hearing regarding annexation to the district shall be held on Wednesday, March
26, 2008, 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 "B,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the
notice to be published in The Bulletin on March 11, 2008 and March 21, 2008, and posted on March
11, 2008, 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 OF 2- ORDER No. 2008-018 (2-27-08)
Section 4. The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to March 26, 2008 (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 of , 2008 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
PAGE 2 OF 2- ORDER No. 2008-018 (2-27-08)
DETITION TO ANNEX PROPERTY
Wva 1 n,c6cioh t2titr/cr' •Ll
(Name of District)
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 198.705 198.95 1� �1f�, /A ��4/
2. This annexation Petition affects only Deschutes County and (,4fl / f-1i't - �� arr. .1
gfr / e of District)
3. The principal act fore= CO'1-Q �(�(�Z, ��j�/ is
ORS 1/1751(Name of District)
75
(Proper statutory reference. see ORS 198.010)
4. The territory that is subject to this Petition for Annexation is primarily / uninhabited
(circle one). The attached petitions in support of this annexation are signe• •y land owners
and registered voters in the area proposed to be annexed as indicated op osite their
respective i nature, and that all signatures were obtained on or after the /5/i day of
Prize), 200/.
5. It is requested that the proceedings be taken fpr the a nexation of said territory to
( V -r �iStf/Ct� "4"/ , Deschutes County, Oregon. A
description of the boundaries of the territory to be annexed is attached hereto and marked
Exhibit "A" and depicted on the map attached as Exhibit "B".
6. That said Petition has been signed by at least 15 percent of the electors, or 100 electors
whichever number is lesser, or at least 15 owners or owners of 10 percent of the land,
(whichever is greater) within the area proposed to be annexed.
DATED this/g day of
Name:4.)
'
Address:
Phone:
Name:
1 6/U ijVAddressJTQ
DATED this
5
Phone:
day of ,200_ Approved by the Board of Commissioners of
Name of District
Signature
By:
(Print Name)
Title:
DATED this day of ,200_ Approved by City of
Signature
By:
(Print Name)
Title:
C:1Documents and Settings\lauriek\Local SettingslTemporary Internet Files1OLK61Petition to Annex Property to.doc
DESCHUTES COUNTY RURAL FIRE PROTECTION
DISTRICT #1
Approval of Annexation
POLICY: Deschutes County Rural Fire Protection No. 1 is a special
district surrounding the City of Redmond that was formed to provide fire
protection for property within the District. The District does not operate a fire
department, but instead contracts with the City of Redmond for fire protection
service in the District. The City/District contract also includes Emergency Medical
Service (EMS) which provides ambulance service to the District residents at the
same rates charged City EMS users.
II. PURPOSE: To pay the City for this protection and service, the District levies a
tax on property in the District which is collected as a part of property taxes paid to
the County. Property annexed to the district does not become subject to the
district tax levy until some months after the annexation is completed. Therefore,
persons intending to annex to the District should be aware that at the time an
application is submitted, a contract to provide fire protection by the District may
need to be initiated. A minimum fee of $500.00 or a cost based on the same rate
District residents pay on assessed valuation (whichever is higher) will need to be
paid. That contract will be for the period from the date of application to the date
the property is actually included on the tax rolls.
III. PROCEDURES:
The procedure to annex property to the District is conducted by the County. The
following is furnished to assist persons interested in annexing property to
Deschutes County R.F.P.D. #1:
1. Property owners or electors in an area (Petitioners) desiring to annex to
the District should first consult with Redmond Fire & Rescue to determine
whether the District can and will furnish protection to the property
proposed to be annexed. The property to be annexed must meet certain
criteria including the following.
A. Prospective properties must be contiguous to a District and or city
of Redmond boundary and be within five (5) miles of a Redmond
Fire Station. All exceptions to these provisions are at the discretion
of the board.
B. Subdivisions must be approved and platted, meeting all of the
requirements of TITLE 17 of the Deschutes County Code,
Subdivision and Partition Ordinance.
C. Applicants will submit to the District a site plan showing all
buildings, utilities, septic tanks, drain fields, water supplies, access
roadways, gates, fences, cattle guards, bridges, any above- or
below ground storage tanks, and the location of any hazardous
materials. Bridges and cattle guards will be constructed to
withstand and at least 50,000 lbs. for three axle vehicles.
D. Additionally the applicant will supply the legal property description,
tax lot number, assessed value tax statement (from Deschutes
County) and distance from the nearest Redmond Fire Station.
E. Prospective properties will have an approved access roadway, and
roadways will be in accordance with the Uniform Fire Code
regarding width, height, weight limitation and tum-arounds. Road
name signs must be approved by Deschutes County and be clearly
posted, and all properties will be required to have a Redmond Fire
& Rescue approved address sign, and the sign will be installed as
per Redmond Fire & Rescue requirements.
F Applicants' property will be protected by a primary fuel break, 30
feet in width, around all buildings.
G. Applicants will comply with the State of Oregon, the Deschutes
County statutes, and Oregon Fire Code, as applicable. All new
construction must be consistent with applicable zoning
requirements.
2. After the District has given its tentative approval, the petition forms should
be submitted to the District and a contract for interim fire protection, if
necessary, will be signed.
The number of signatures on the petition will depend upon the number of
separate property ownerships or the number of electors registered in the
area proposed to be included in the annexation. The petition must include
a legal description of the property or properties proposed to be annexed
and an assessor's map showing the location of the properties proposed to
be annexed. Legal descriptions should be taken from recorded deeds and
property must be clearly marked on tax maps available from the county
assessor's office. The county will require the map to be no larger than 8
1/2 by 11 and the area to be annexed should not only be highlighted in a
color other than yellow, but show current R.F.P.D. #1 district boundaries in
relation to the property. Petitioner is responsible for complying with all
requirements of the County, whether herein listed or not, applicable to
Petitioner's application for annexation to the District.
4. Petitions to annex must be approved by the District before being filed with
the County. Petitions containing signatures that are older than six months
will be rejected by the county and not accepted for filing. Petitioners
should return completed petitions to the District, along with a check
payable to the Deschutes County Clerk in the amount of $150.00 as a
deposit on the cost of the annexation procedure. The annexation process
involves certain publications and posting of notices and the typical
annexation cost, assuming an election is not required, is about $150.00. If
the annexation is denied the Petitioner or Petitioners $150 deposit is used
to pay the costs, and, if there are any additional costs, the County will
collect them from the petitioner.
5. Properly completed petitions placed with the District will be considered at the
next monthly board meeting, and then formally considered by the Board of
Directors. When approved by the District, the petition will be filed with the
Deschutes County Clerk to start the annexation process. Unopposed
annexations are completed in due coarse and generally require 3 to 4
months. Petitioners will be informed of any complications that may arise and
will be advised when the county has signed the order approving the
annexation. Ultimate responsibility for making sure an application is properly
processed is that of the Petitioner.
6. At the time the annexation request is submitted to the district, a contract to
provide fire protection from that date may be signed and a contract price will
be paid. The contract price will be based on the same rate district property
owners pay or a minimum cost of $500.00 (whichever is higher). The most
recent tax statement will be necessary to determine the exact amount. The
cost will be prorated, based upon the date of application and the date the
property will be subject to the district tax levy. Since a property must be
annexed by the County and registered with the State by March 31 of each
year to be subject to the District tax levy on the County tax statement for the
next fiscal year beginning July 1, annexations completed after March 31 will
not be subject to the District tax levy until the second fiscal year (e.g.
annexations completed after March 31, 2005 will not be subject to tax levy
until July 1, 2006). Thus a contract for fire protection may require a payment
of more than 12 months. If the annexation is not approved by Deschutes
County Commissioners the contract for service shall be considered cancelled
and from that day forward, of no further force and effect. A refund will be
made to petitioner of a pro rata amount paid to the District for services, based
on the total services, where available.
7. Sample instruments involved in the county annexation procedure are
available. Persons interested in annexing to R.F.P.D. #1 having further questions
should contact the District at 504-5000.
Having met all the Annexation Policy requirements as listed in District policy, the
Deschutes County Rural Fire Protection District has voted to approve the annexation of
(applicant) /4,'_ r - property at (location)
on this
day of ,, 2008
Carro Penhollow, Chaignan of the Board Date:
ry i
Date:
am Steinke, Secretary -Treasurer
Mona Novotny, Administrative Assistant Attest Date:
PROPERTY DESCRIPTION
ALBERT & CINDY PAGEL
TAX LOT 400
A tract of land located in the Southwest one-quarter of the Northwest one-quarter of
Section 25, Township 15 South, Range 12 East, of the Willamette Meridian, Deschutes
County, Oregon, being more particularly described as follows:
BEGINNING at the one-quarter corner common to Sections 25 and 26;
Thence along the Section line between said Sections 25 and 26 North
00°09'57" East 1234.43 feet, more or less, to the centerline of the
Deschutes River; Thence leaving said Section line, along said centerline of
the Deschutes River the following Fourteen (14) courses and distances;
Thence South 34°22'48" East 36.01 feet; Thence South 42°22'39" East
123.70 feet; Thence South 47°33'05" East 133.87 feet; Thence South
50°30'27" East 121.96 feet; Thence South 43°06'45" East 100.64 feet;
Thence South 49°51'54" East 65.11 feet; Thence South 38°05'42" East
152.39 feet; Thence South 33°47'54" East 228.63 feet; Thence South
30°01'21" East 101.55 feet; Thence South 18°27'38" East 55.81 feet;
Thence South 00°59'25" East 37.83 feet; Thence South 08°36'35" West
156.51 feet; Thence South 25°07'38" West 126.94 feet; Thence South
21°53'58" West 76.83 feet to a point on the South line of the Southwest
one-quarter of the Northwest one-quarter of said Section 25; Thence along
said South line South 89°57'39" West 603.09 feet to the BEGINNING.
Containing 13.65 acres, more or less.
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County of Deschutes
State of Oregon
ss.
SUBSCRIBED ANDWORN to before me this
day of_ O. la ) ' . 20 (17
this petition, and every person
in my presence.
certify that 1 circula+at
tion did so
• / 0,41
`o, ' signature /
OFFICIAL SEAL f
DEBRA L DE HART {}
NOTARY PUBLIC-ORE&)N
SEC. Toa
REV. 5/14/93
FOR SPECIAL
SECURITY DEPOSIT
1STRICT FORMATION OR REO&GANIZATION
FORMATION J V I ANNEXATION
f -4 kepi gam.
WIT thJ AWAL
1(t,r12 /
District
No. of precincts in district @ $ per precinct = $ /07
total deposit
DISSOLUTION
ORS 198.715
(maximum of $10,000)
PERSONS/ORGANIZATIONS PROVIDING ANY PART OF
. NAME (PRINT) • A(O 7� �p SIGN
RESIDENCE ADDRESS p _ �a
• CU' M11 DEPOSIT
,reik
�-. fir• ,,,�rr
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT /OD
KIND OF CONTRIBUTION:* [✓CASH 1 J BOND J J OTHER SECURITY DEPOSIT
2. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* I CASH
1 1 BOND 1 OTHER SECURITY DEPOSIT
3. NAME (PRINT) SIGNATURE
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
MY, STATE, 7.IP CODE
AMOUNT OF CONTRIBUTION/VALUE OF SECURED DEPOSIT
KIND OF CONTRIBUTION:* ❑ CASH 1 BOND ❑ OTHER SECURITY DEPOSIT
CHIEF PETITIONERS
I we hereb declare if th cos s o the attem.t•d formation, annexation, withdrawal, or dissolution of
/.;. -C ?
the amount of the excess costs (ORS 198.775).
. NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERE
CITY, STATE, ZIP CODE
district exceed the deposit, I/we will pay to the county treasurer
J
MiltWarriralr
DAY TELEPHONE
NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CITY, STATE, ZIP CODE
SIGNATURE
DATE
DAY TELEPHONE
3. NAME (PRINT)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENT)
CI'Y, STATE, ZIP CODE
SIGNATURE
DATE
DAY TELEPHONE
EXHIBIT "8"
NOTICE OF PUBLIC HEARING
BY THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
A public hearing regarding a proposed annexation, Pagel Annexation to the Deschutes County
Rural Fire Protection District #1, will be held on March 26, 2008, at 10:00 a.m. in the Board of
County Commissioners' Hearing Room, First Floor, 1300 NW Wall Street, Bend, Oregon.
To view the boundaries of the proposed annexation, contact the Deschutes County Counsel's
Office at 388-6624.
The purpose of the proposed annexation is to provide fire protection services for the inhabitants
of the proposed area 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
Dennis R. Luke, Chair
To be published in The Bulletin: March 11, 2008 and March 21, 2008
To be posted: March 11, 2008
EXHIBIT "B" - ORDER No. 2007-018 (02/2708)