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1995-09631-Ordinance No. 95-013 Recorded 3/29/19959F -09631 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF An Ordinance Adding Chapter 2.50, "Board of Supervisors" to Title 2, Administration, of the Deschutes County Code and Declaring an Emergency. REVIEWED c' -Y2 LEGAL COUNSEL DESCHUTES COUNTY, OREGON 0138-081 ORDINANCE NO. 95-013 r THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, 6REQN, ORDAINS as follows: Section 1. Adoption. A new Chapter 2.50, Board of Supervisors, is added to Title 2 of the Deschutes County Code as set forth in Exhibit A, attached hereto and by this reference incorporated herein. Section 2. Severability. The invalidity of a section or subsection of this ordinance or any part thereof shall not affect the validity of the remaining sections, subsections or parts thereof. Section 3. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the County Legal Counsel form and style for ordinance codification. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 4. Repeal of ordinances as affecting existing liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. Section 5. Emergency. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an Page 1 - ORDINANCE NO. 95-013 (3-29-95) KE CHED :�,��� 1995 0138-08'72 emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this- day of March, 1995. BOARD OF COUNTY COMMISSIONERS OF PgSCHUTES (`QJJNTY, OREGON 10 T'NANC OP SCHLAN ( 7-m"It. �- - Recording Sec etary ROBERT L. NIPPER, Page 2 - ORDINANCE NO. 95-013 (3-29-95) 01 Commissioner ssioner 0138-08'73 Chapter 2.50 BOARD OF SUPERVISORS Sections: 2.50.010 Board name. 2.50.020 Board membership. 2.50.030 Compensation -Expense reimbursement. 2.50.040 Meetings, attendance and quorum. 2.50.050 Powers and duties. 2.50.060 Conflicts of interest. 2.50.070 Appeal. 3 - EXHIBIT "A" TO ORDINANCE NO. 95-013 (3-29-95) Chapter 2.50 Board of Supervisors 2.50.010 Board name. The name of the board shall be the Deschutes County board of supervisors, hereinafter in this chapter called "the board." 2.50.020 Board membership. A) The membership of the board shall consist of five residents of the county. At least two members shall be directly or indirectly connected with the livestock industry. B) Members shall be appointed by the Board of Commissioners for a term of two years, except that each membership may be terminated by a majority vote of the Board of Commissioners. C) Appointments shall be made on a staggered basis, with each beginning on July 1 of the year of appointment, incumbents to serve until regularly replaced. D) At the expiration of the term of any member, the Board of Commissioners shall appoint a new member or may reappoint a member for a term of two years. If a vacancy occurs, the appointing body shall appoint a new member for the unexpired term. 2.50.030 Compensation -Expense reimbursement. No board member shall receive compensation, but shall be reimbursed for authorized expenses. 2.50.040 Meetings, attendance and quorum. A) The board shall convene a hearing promptly: 1. Upon notice of a damage claim filed under Deschutes County Code 6.12.070; 2. After completion of any tests administered pursuant to Deschutes County Code 6.12.040(B), to determine whether a dog has been engaged in killing, wounding or 0138-0874 chasing livestock. B) Involved dog owners and livestock owners shall be given reasonable notice of hearings. C) Members absent three consecutive hearings may be asked to resign, enabling the Board of County Commissioners to appoint a replacement. D) A majority of the board shall constitute a quorum. 2.50.050 Powers and duties. As provided in Oregon Revised Statutes section 609.030(2), the Board of County Commissioners vests in the board the following responsibilities: A) To conduct hearings to determine whether an impounded dog has been engaged in killing, wounding, injuring or chasing livestock in accordance with Deschutes County Code 6.12.050-060. B) To conduct damage claims hearings in accordance with Deschutes County Code 6.12.080. 2.50.060 Conflicts of interest. A member of the board shall not participate in any board proceeding or action in which any of the following have a direct, substantial financial interest: the member or his spouse, brother, sister, child, parent, father-in-law, mother-in-law, or any business with which he is negotiating for or has an arrangement or understanding concerning prospective investment or employment. Any actual or potential interest shall be disclosed at the meeting of the board where the matter is being considered. 2.50.070 Appeal. The decision of the board shall be the final decision of the County. 4 - EXHIBIT "A" TO ORDINANCE NO. 95-013 (3-29-95)