30-184-Order Recorded 4/27/1979IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of
DESCHUTES COUNTY'S INTERIM ) O R D E R
AGRICULTURAL LANDS PROTECTION )
ORDINANCE )
This matter came on for a duly noticed public hearing before the regular
term of the Board of County Commissioners on April 27, 1979. Public testimony
having been taken, the Board finds as follows:
1. The Deschutes County Interim Agricultural Lands Protection Ordinance
expires by its own terms on May 1, 1979, and
2. The Ordinance provides that it may be extended by order of the Board
of County Commissioners without further amendment, provided that notice thereof
is published at least once in a newspaper of general circulation in the County not
less than ten (10) days prior to the entry of such order, and
3. Such notice was published in The Bulletin, a newspaper of general cir-
culation in Deschutes County on April 16, 1979, and
4. The Board finds that it is in the best interests of the County to
extend said Ordinance to September 1, 1979, the date on which it is anticipated
that the Comprehensive Plan of 1979, and the Ordinances to implement it, will be
adopted by the Board. This is true, although Oregon Land Conservation and Develop-
ment Commission in its Order of September 15, 1978, found that said Ordinance did
not comply with its Goal 3. The reason the Ordinance did not comply was that it
was underinclusive, and the Board finds that extension of an underinclusive
ordinance is better than having no Agricultural Lands Protection Ordinance at all, and
5. Due to a clerical error, the original mylar map entitled "Agricultural
Interim Protection Ordinance, Exhibit 1, Identified Agricultural Lands, August 30,
1978," was not signed by the then Board of County Commissioners. A mylar map so
entitled has been found in the records of the County Planning Department, has been
continually available for public inspection since on or before April 16, 1979, and
was displayed at the public hearing on this Order on April 27, 1979. Said map was
identified to be the original Agricultural Interim Protection Ordinance Exhibit 1,
Identified Agricultural Lands, August 30, 1978, by the Affidavits of ALBERT A. YOUNG,
Chairman of the Board of County Commissioners on said date, and WILLIAM G. MONROE,
who has been since on or before said date the Deschutes County Planning Director.
No objection was made by anyone to the authenticity of the said Exhibit 1 at the
public hearing on this Order.
6. The said Affidavit of ALBERT A. YOUNG establishes that said Exhibit
was duly adopted as an Exhibit to the Interim Agricultural Lands Protection
Ordinance and incorporated therein by reference on August 30, 1978. No evidence
to the contrary was offered at the public hearing on this order.
PAGE -1- ORDER
• • NOL 30 FACE 185
7. The Board finds that it is necessary for it to sign said Exhibit 1,
nunc pro tunc, effective as of August 30, 1978, the date that it was duly adopted
by the Board of County Commissioners at the time, in order that such map may be
used in evidence in judicial proceedings to enforce said Interim Agricultural
Lands Protection Ordinance.
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The Interim Agricultural Lands Protection Ordinance is extended
according to the terms thereof until September 1, 1979, or until such time as the
Board of County Commissioners adopts a Comprehensive Plan and a Zoning Ordinance
implementing the same, whichever occurs first.
2. The Board of County Commissioners sign"Agricultural Interim Protection
Ordinance, Exhibit 1, Identified Agricultural Lands, August 30, 1978," nunc pro tunc,
effective as of August 30, 1978, the date the Board found that this map was duly
adopted by the then Board of County Commissioners.
DATED this 27th day of April, 1979.
BOARD OF COUNTY COMMISSIONERS
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Commissioner
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Commissioner
PAGE -2- ORDER
• ! FVOL 30 WCE 186
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1 STATE OF OREGON
) SS.
2 County of Deschutes)
3 I, ALBERT A. YOUNG, first being duly sworn, depose and say as follows:
4 1. That I am a member of the Board of Commissioners of Deschutes County,
5 Oregon, and have been such continually since January 1, 1973.
6 2. That the Deschutes County Zoning Map entitled "Agricultural Interim
7 Protection Ordinance, Exhibit 1, Identified Agricultural Lands August 30, 1978,"
8 is the original Exhibit 1 that was adopted August 30, 1978, as Exhibit 1 to the
9 Interim Agricultural Lands Protection Ordinance signed that date by the Board
10 of County Commissioners, at that time consisting of BOB MONTGOMERY, DONALD GRUBB,
11 and myself. Section V-A incorporates this map by reference.
12 3. Due to a clerical error, said map, although duly adopted on August 30, 1978,
13 was not signed by the Board of Commissioners.
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ALBERT A. YOUNG
SUBSCRIBED AND SWORN to before me this (6` aay of April, 1979.
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LOUIS 8. DVORAK
NOTARY PUBLIC - OREGON
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My commission expires:
Page -1- AFFIDAVIT EXHIBIT "A"
VOL
1 STATE OF OREGON )
) SS.
2 County of Deschutes)
30 rAcEI871
3 I, WILLIAM G. MONROE, first being duly sworn, depose and say as follows:
4 1. That I am the Planning Director of Deschutes County and have been
5 such continually since December 12, 1977.
6 2. That the mylar zoning map entitled "Agricultural Interim Protection
7 Ordinance, Exhibit 1, Identified Agricultural Lands, August 30, 1978," is the
8 identical map which was adopted by the Board of County Commissioners on
9 August 30, 1978, as Exhibit 1 to the Interim Agricultural Lands Protection
10 Ordinance adopted that date.
11 3. That this map was prepared under my direction to show the agricultural
12 lands that were subject to said ordinance.
13 4. That due to a clerical error, said map, although duly adopted on
14 August 30, 1978, was not signed by the B ' o unty Commissioners.
15 5. That said map is attached t this AfA da it.
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Page -1- AFFIDAVIT EXHIBIT "B"