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1987-05582-Ordinance No. 87-007 Recorded 3/11/1987REVi D L COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON VOL BPac� X35 An Ordinance Authorizing the * Licensing of a Portion of � cA Public Right Of Way Under the * KEYpUNCC.Z ,jurisdiction of Deschutes * r, County Not Presently Needed 1987 Cn For Public Use, and Declaring --tom r An Emergency. * -o 87- 5582 z ORDINANCE NO. 87-007, ZE WHEREAS, the County has jurisdiction over public right of ways pursuant to ORS 368.011 and 368.016; and WHEREAS, portions of these right of ways are not being used for roadway purposes and are not presently needed for public use; and WHEREAS, abutting property owners may desire to temporarily utilize such unused public right of way for private purposes; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That the Board of County Commissioners may enter into a license agreement with any person for the use of unused public right of way under County jurisdiction which is not pre- sently needed for public use. Section 2. Any such license agreement shall provide that the licensee may landscape, maintain or otherwise occupy the premises for any specific purpose subject to a license agreement agreeable to the County and the licensee. Section 3. The application for a license agreement author- ized by Section 1 of this ordinance shall be made to the Public Works Director. The Public Works Director and Planning Director shall review any application to license public right of way not needed for public use and make recommendations to the Board of County Commissioners regarding the granting of such license and shall propose any necessary conditions. Section 4. Any license for the use of public right of way not needed for public use shall provide for termination upon notice by the County, and shall require a reasonable license fee for the right to use to right of way. 1 - ORDINANCE NO. 87-007 s VOL S?JACE 236 Section 5. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this day of _, 1987. BOARD OF COUNTY COMMI SIONERS OF CHUT C NTY OREGON f i LOIS,�,,BRjJSTOW PRANTE, Chair ATTEST: Recording Stectretary 2 - ORDINANCE NO. 87-007 '10P1I THIeD Y, 1 UpTnpj,,s stoner DI IN, o missioner