1995-21528-Ordinance No. 95-038 Recorded 6/22/1995.REVIEWED
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K-215,028 LEGAL COUNSEL
95 :1U11122 AH 9: 15
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF I?ESC kJT4TJT:TY, OREGON
An Ordinance Amending The Deschutes
County Comprehensive Plan To Add * 0147—W%
A Policy Regarding Land Trusts And
Declaring An Emergency
ORDINANCE NO. 95-038
WHEREAS, A committee appointed by the Board of County Commissioners to resolve
a dispute regarding the scenic, wildlife and riparian management of Indian Ford Creek has made
a recommendation to the Board to amend the Comprehensive Plan to adopt a policy to encourage
the formation of nonprofit land trusts for the protection of fish and wildlife habitat, open space,
wetland, scenic and natural areas; and
WHEREAS, public hearings have been held in conformance with state law before the
Deschutes County Planning Commission and Board of County Commissioners for Deschutes
County; and
WHEREAS, the Board of County Commissioners has considered the recommendations
of the Planning Commission and the public; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS AS FOLLOWS:
Section 1. That Deschutes County Comprehensive, Resource Management Chapter, Open
Spaces Section is amended to add policy number 16 as follows:
" 16. The county shall encourage the formation of nonprofit land trusts for the protection
of open space, scenic and natural areas. The County should provide support and
assistance when deemed appropriate by the Board of County Commissioners. "
Section 2. That Deschutes County Comprehensive, Resource Management Chapter, Fish
and Wildlife Section is amended to add policy number 20 as follows:
1 - ORDINANCE - NO. 95-038 ; June 21, 1995
�'��� 1995
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0147-0069
"20. The county shall encourage the formation of nonprofit land trusts for the protection
of fish and wildlife habitat, wetland, riparian and natural areas. The County
should provide support and assistance when deemed appropriate by the Board of
County Commissioners. "
Section 3. SEVERABILITY. The provisions of this ordinance are severable. If any
section, sentence, clause, or phrase of this ordinance or any exhibit thereto is adjudged to be
invalid by a court or competent jurisdiction that decision shall not affect the validity of the
remaining portions of this ordinance or exhibit thereto.
Section 4. 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 format 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 5. 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.
2 - ORDINANCE - NO. 95-038
June 21, 1995
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0147-0070
Section 6. EMERGENCY. 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 -2( day of 1995.
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
BA>,gRY H. SL�HTER, hair
!, bo O j,
ATTEST: NANCY POPE SCJHLANGEN, Commi$sioner
Recording Secretary ROBERT L. NIPPER, Commissioner
3 - ORDINANCE - NO. 95-038 June 21, 1995