HomeMy WebLinkAboutOrder 052 - Bend Area Transportation DistrDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oEg
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 11, 2008
Please see directions for completing this document on the next page.
DATE: June 4, 2008
FROM: Laurie E. Craghead. Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Order 2008-052 Declaring Intent to Form Bend Area Transportation
District and Setting a Hearing Date
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
On May 7, 2008 the Bend City Council approved Resolution No. 2690 which petitioned the Deschutes
County Board of Commissioners to place the question of formation of a transit district on the
November 2008 general election ballot, together with the question of a permanent tax rate for said
district. The purpose of the district is to provide a comprehensive fixed route public transit system and
to establish a revenue base for that system. Maps in Department of Revenue format will be substituted
on June 11, 2008 at the Board meeting.
ORS 198.800(1)(b) requires the first of two hearings to be set not less than 30 nor more than 50 days
from the date the Board initiates the formation proceedings. This order sets that date at July 21, 2008,
the first date that is available given the Board's schedule and the statutory notice requirements.
FISCAL IMPLICATIONS:
The County will be expending staff time in the preparation of the documents, the scheduling of the
Board hearings and will have charges for the publication of the hearing notices. Each of the required
two hearings will require two published notices. If the district is formed, the district can be charged for
the costs of any engineering studies or surveys, but there is not likely to be any of those expenses.
Thus, the County will bear all the costs of the district formation unless the City of Bend or the new
district agrees to reimburse the County. If the district fails to form, the County will not be reimbursed
for its expenses unless the City of Bend agrees to pay for the County's expenses for the district
requested by the City.
RECOMMENDATION & ACTION REQUESTED:
Approve and signature of Order 2008-052
ATTENDANCE: Laurie E. Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Georgia Springer.
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring Intent to Form Bend Area
Transportation District and Setting a Hearing Date
ORDER NO. 2008-052
WHEREAS, ORS 267.010 to 267.390 authorizes the formation of a mass transit district to
provide public transportation and terminal facilities for public transportation including aspects thereof
transferred to the district by the City of Bend; and,
WHEREAS, ORS 198.835 authorizes the Board of County Commissioners ("Board") to initiate
the formation of a transportation district located entirely within Deschutes County, Oregon by order of
the Board; and,
WHEREAS, the City of Bend ("City") by Resolution No. 2690, dated May 7, 2008, attached
and incorporated herein, requested the formation of a transit district in order to provide a mechanism
to fund public transportation within the Bend area; and,
WHEREAS, the Board finds that there is a need for a mass transit system within the Bend
area and it is in the public interest to initiate the formation of the district for the area legally described
in Exhibit "A" and depicted on the map marked Exhibit "B," both exhibits being attached hereto and by
this reference incorporated herein; and,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The Board hereby declares its intention to initiate the formation of a mass transit
district pursuant to ORS 267.010 et seq. for the Bend area.
Section 2. The name of the proposed district shall be the Bend Area Transportation District
and the boundaries shall be substantially as legally described in Exhibit "A" and depicted on the map
Exhibit "B," both exhibits being attached hereto and by this reference incorporated herein.
Section 4. The proposed Bend Area Transportation District, if formed, will have a permanent rate
limit for operating taxes of $.393 per $1,000 assessed value that will raise an estimated $ 2.8 MILLION in
operating funds for the District in the 2009-2010 fiscal year.
Section 5. The Bend Area Transportation District shall be authorized to take all necessary and
proper steps to plan, establish, furnish and maintain a mass transit system within the Bend area and to
construct, maintain and operate any related facilities pursuant to ORS 267.010 et seq.
Section 6 That an initial hearing regarding formation of the service district shall be held a°
10:00 a.m. on Wednesday, July 21, 2008 in the Deschutes County Board Hearing Room, 1300 NV1+
Wall St., (First Floor), Bend, Deschutes County, Oregon.
Page 1 of 2 - ORDER NO. 2008-052 (06/11/08)
Section 7 Notice of Hearing shall be given in substantially the form set forth in Exhibit "C,"
attached hereto and by this reference incorporated herein. The recording secretary shall cause the notice
to be published in The Bulletin on July 6, 2008 and July 16, 2008, and posted on July 6, 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.
Section 8 The Director of the Deschutes County Community Development Department shall
cause to be filed with this Board prior to July 21, 2008, a land use compatibility statement regarding this
proposed special district formation as contemplated in ORS 197.175 and 199.462, and any other
applicable statutory authority.
Dated this day of June, 2008
ATTEST:
Recording Secretary
Page 2 of 2 - ORDER NO. 2008-052 (06/11/08)
BOARD OF COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
TAMMY (BANEY) MELTON, VICE -CHAIR
MICHAEL M. DALY, COMMISSIONER