9-453-Order Recorded 6/16/1965VOi 9 PAGE 454
RUM-S, REMI,.TIi NS X D STANDARDS FOP, THE SUBDIVIaIOid OF LAND, AND
FOR THL PREP .R2~TIOii OF SUBDIVISION PLANS AND PLATS AND FOR DEDICATIONS
TO BE FILED,
TIM, COUNTY OF DESCHUTES DOTS O DAI T AS FOIW TS :
SECTION 1. PURPOSE.
Pursuant to Oregon Revised Statutes 92.010 to 92.990)
inclusive, entitled "PLATS AND SUBDIVISIONS'►., any person desiring
to make a subdivision of land shall first submit plans for such
subdivision to the County Planning Commission of Deschutes County,
Oregon, for study and approval. Such study and approval of sub-
divisions is necessary in order that this County secure and provide
for the proper width and arrangement of streets, ways and thorough-
fares and their relation to existing or planned streets, ways and
thoroughfares; to provide for conformity to the Comprehensive Flan
for the physical development and improvement of the County; to
provide for public utilities and the open space necessary for
recreation, safety and health; also to provide for the prevention
of congestion of population.
SECTION 2. DEFINITIONS.
For the purpose of these regulations, certain terms used herein are
defined as follows:
as Plat includes a final map, diagram, drawing, replat or writing
containing all the descriptions, locations, specifications,
dedications, provisions and information concerning a subdivision.
b. Subdivide land means to partition a parcel of land into four or
more parcels of less than five acres each for the ;purpose of
transfer of ownership or building development, whether immediate
or future, when such parcel exists as a unit or contiguous units
under a single ownership as shown on the tax roll for the year
preceding the partitioning,
c. Subdivision means either an act of subdividing land or a tract
of land subdivided as defined in this section.
d. Metes and Bounds. The method used to verbally describe a tract
or tracts of land intended for dwelling or other purposes as
the sole means of recording such property in the County Recorder's
office.
e. Major Street or Hajor Thoroughfare or Major Highway. A highway
of considerable continuity which is primarily a traffic artery,
for intercommunication among large areas*
f. Secondary Street or Secondary Thoroughfare or Secondary high-
nz. A street supplementary to the major highiray system and
primarily a means of intercommmnication between this system and
smaller areas (or among smaller areas),
g. Minor Street or Local Street or Minor Himhwa.V. A street pri-
marily for access of abutting properties.
h. Alley. A very minor street primarilyy for service access to the
back or side or properties abutting also on other streets.
i. Dead-end Street or Cul-de-sac. A minor street with only one
outlet.
J. Street Width. The shortest distance between the lines which
delineate the right--of-way of a street,
k. Roadway. The portion or portions of a street or way available
for vehicular traffic or in other words the ;portion or portions
between curbs where curbs are laid.
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t
VD1 9, WAGE 455
s
1. Curb Line. The line dividing the roadway from the planting strip
or footway.
m. Building Line. A line on a plat indicating the limit beyond which
buildings or structures may not be erected,
n. Official Map. The map on which the planned locations, particularly
of streets, are indicated with detail and exactness so as to furn-
ish the besis for property acquisition or building restrictions.
SECTION 3. PROCEDURE.
a. Uhen any person contemplates a subdivision of land he shad first
discuss this matter with the member of the Administrative staff
designated.by the Planning Commission to advise in such matters
and also secure a copy of these regulations before any plans are
drawn.
b. After the preliminary discussion and after securing a copy of these
regulations, there must be prepared a PRELI104ARY PLAN of the sub-
division in accordance with Sections 4 and 5 of these regulations.
The PRELI11INARY PLAN, 5 copies, is submitted to the Administrative
Staff Member not less than 14 days prior to the next regular meet-
ing date of the County Planning Commission. A written application
for the tentative approval of the Planning Commission will accom-
pany the Preliminary Plan. The y,lan will be given study by the
County Planning Commission,'and changes may be necessary before it
can be tentatively approved. If the Preliminary Plan is rejected
the County Manning Commission will give its reasons for the re-
jection. Approval of the preliminary plan is tentative approval
and does not constitute a final acceptance of the plat. Tenta-
tive approval of the preliminary plat will be given by a letter
from the County Manning Commission and not by notation on the
preliminary plan. Such tentative approval shall state any and all
changes to be made and'will be given by the County Planning Com-
mission within sixty (60) days after submission of the preliminary
plan and this tentative approval shall become null and void if a
FINAL PLAN in accordance with the regulations set forth in Sect-
ions 4 and 6 is not submitted within six (6) months after the date
of the tentative approval of the preliminary plan. Applications
will include any variances to the SUBDIVISION ORDINANCE and the
reasons therefore.
The FINAL PLAN for the subdivision shall be submitted to the
County Planning Commission fourteen (14) days prior to the regul-
ar meeting date (through the Administrative Staff Member) and
shall be an accurate plan for the official record prepared by a
Registered Civil Engineer or Land Surveyor and in accordance with
the regulations set forth in Sections 4 and 6 of these regulations.
It brie Final Plat is in conformity with the Preliminary Plat and
includes all changes as recommended by the Count= Planning Commis-
sion, then the Planning Commission, after determining that the
requirements of these regulations have been met, shall approve the
Plat and shall do so by writing on the Final Plat or Plan.
SECTION 4. GENERAL REQUIREIMTS AL-ID MIITIlu-Ii STANDARDS OF DESIGN AND
DEVELOPI PVT .
The following are the minimum requirements and standards to which a
subdivision plat must conform before approval:
a. Conformity to Official I7ap.
The subdivision shall conform to and be in harmony with the Offic-
ial Hap and especially to the Major Thoroughfare Plan.
Major thoroughfares, parkways, parks and recreation areas shall be
placed in the locations designated by the County Planning Commission.
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L - Iwo Ftic- 456 '
b. Relation to Ad:ioining Street. System.
A subdivision shall provide for the continuation of the principal
streets existing in the adjoining subdivisions or of their proper pro-
jection when adjoining property is not subdivided, and such streets
shall be of a width not less than the minimum requirements for streets
set forth in these regulations. Where, in the opinion of the County
Planning Commission, topographic conditions make such continuation
or conformity impractical, exception may be made. In cases where the
County Planning Commission itself adopts a plan or plat of a neighbor-
hood or area of which the subdivision is a part, the subdivision shall
conform to such adopted neighborhood or area plan.
'.here the plat submitted covers only a part of the subdivi der's
tract, a drawing of the prospective future street systen of the entire
tract shall be furnished and the street system of the part submitted
shall be considered in light of conformity to the street system of the
entire tract.
Where a tract is subdivided into lots of an acre or wre, the Com-
mission may require an arrangement of lots and streets such as to permit
a later resubdivision in conformity to the street requirements and other
requirements contained in these regulations.
C. Access.
There shall be no reserve strips controlling access to streets, ex-
cept where the control of such strips is definitely placed in the County
under conditions approved by the County Commission. The subdividing of
the land shall be such as to provide each lot, by means of a public
street or wary, with satisfactory access to an existing public highway
or to a thoroughfare.
d. Street '!idths.
1. The width of major streets shall not be less than sixty (60)
feet in width.
2. The minimum width for minor streets shall be fifty (50) feet,
except in cases where the topography or other physical condi-
tions make a street of this width impractical, the County Plan-
ning Commission may modify this minor street width regulation.
These widths shall be measured from lot line to lot line.
e. Street Grades and Condition.
1. The grades of major streets shall not exceed six (6) percent,
except under unavoidable conditions grades to eight (8) per--
cent may be permitted.
2. The grades of minor streets shall not exceed ten (10) percent,
except under unavoidable conditions grades up to twelve (12)
percent may be permitted.
3. All streets shall have at least a .3 grade.
4. Roads shall be sub-graded to a width of thirty (30) feet, such
sub-grade to be twelve (12) inches above the original ground
level. Roads shall be accompanied by adequate drainage ditches,
two (2) feet bottom width with two (2) to one (1) slopes. Base
surfacing shall be either gravel or cinders compacted to a
depth of no less than six (6) inches and shall be thirty (30)
feet wide with a five (5) foot tapered shoulder.
f. Dead End Streets.
In general, dead end (Cul=de-Sac) streets are not desirable, but if
provided shall not exceed five hundred (500) feet in length and shall
terminate in a turn-around with a minimum property line radius of fifty
(50) feet.
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VOL 9 PACE 457
g. Street Curves.
1: The minimum center line radius of curvature shall be four hund-
red (400) feet for major thoroughfares (over 30 feet in width),
three hundred (300) feet for secondary or feeder streets (61
to 80 feet in width), and one hundred fifty (150) feet for minor
streets (50 feet or less in width). On major and secondary
streets there shall be a tangent of not less than one hundred
(100) feet between reversed curves.
2. Hiajor thoroughfare intersections shall have a curb radius of
not less than thirty-five (35) feet; all other street inter-
sections shall have curb radius of not less than fifteen (15)
feet.
h. Streets adjacent to_ Railroads. Freeways and Parkways.
When the area to be subdivided adjoins or contains a railroad,
freeway or parkway, a street shall be provided on each side and paral-
lel to such railroad, freeway or parkway vrithin or adjacent to the sub-
division. If the intervening property between such parallel streets and
a freeway or a parkway is less than eighty (80) feet in width such inter-
vening property shall be dedicated to park or thoroughfare use. The
intersections of such parallel streets where they intersect with streets
that cross a railroad, shall be at such a distance from the railroad as
to provide approaches to any probable grade crossings.
i. Alleys.
The minimum width of an alley in a residential block, when platted,
shall be twenty (20) feet. Alleys must be provided in commercial and
industrial districts and shall be not less than twenty (20) feet in
width.
J, Half Streets.
No half streets shall be included in a subdivision plan except
where necessary on the boundary of the subdivision tract where the ex-
tension of an existing dedicated street must be provided for and the
boundary line of the tract is the center line of the necessary street,
k. Easements.
?There alleys are not provided, easements of not less than six (6)
feet in width shall be provided on each side of the rear lot line,or
side lot line, for necessary utility lines including poles, wires,
conduits, storm and sanitary sewers, gas, water and heat lines. Ease-
ments of the same or greater width may be required along lot lines or
across lots of land parcels where necessary for the extension of utility
lines, water ways, for service vehicular access and walkways.
1. Blocks.
No block shall be longer than one thousand two hundred (1,200)
feet between street lines. In blocks over eight hundred (800) feet in
length there shall be a cross wallaray of not less than ten (10) feet
in width near the middle of the block.
The iddth of blocks shall be such as to allow two tiers of lots;
unless exceptional conditions are, in the opinion of the Commission,
such as to render t.'..iis recuirement undesirable.
M. Lots.
1. Every lot shall abut on a street or on an officially approved
public way.
2. All side lot lines shall be at right angles to street lines or
radial to curved street lines, unless variation from these re-
quirements is deemed necessary by the Planning Commission.
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aot 9 FACE 458
3. Lots with double frontage shall not be permitted except where,
in the opinion of the County Planning Commission, an odd shaped
land tract or existing topography make such a lot unavoidable.
4. The minimum dimensions of residential lots on any plat shall
not be less than 501 x 1001 .
n. Building Lines.
Building lines shall be shown on all lots planned for residential
use and on all commercial or industrial lots immediately adjoining a
residential area. Such building lines shall not be less than those re-
quired by the zoning ordinance. ?Jhere the subdivided area is not under
a zoning ordinance the County Planning Commission may encourage the
establishment of building lines in keeping with the proper development
of property.
o. Neighborhood or Community Plan.
In the case of a plat for a new neighborhood or community these
regulations may, if necessary, be modified as they apply to minor
streets, blocks, lots and building lines when such neighborhood or com-
munity plan provides adequate access to major thoroughfares and pro-
vides adequate light and air, circulation, recreational areas, open
space and lot-area-per-family equivalent to the requirements of these
regulations and the County zoning ordinance, and which provides for such
legal restrictions or other statutes as will assure the carrying out of
the plan in its entirety.
p. Duplication of Names.
The name of a proposed subdivision shall not duplicate the name of
any other area within the County.
A street name shall not duplicate the name of any other street or
way within any other subdivision unless it is a continuation of that
street.
q. Public Open Space.
Due consideration shall be given by the subdivider to the allo-
cation of suitable areas for schools, parks and playgrounds to be dedi-
cated for public use or reserved for the common use of all property
owners within the subdivision by covenants in the deeds. Parks and re-
cteation areas including schools, playgrounds and playfields shall con-
form as nearly as possible to locations designated by the County Planning
Commission. Park and recreation areas should exist at a ratio of not
less than one acre of recration area to every one hundred people of the
ultimate population. This ratio would place playground and park areas
within ira.lking distance of every home.
SECTION 5. PRELZ UTARY PLAN-
In seeking to subdivide land, the land owner shall submit to the
County Planning Commission an application, in writing, asking for the
tentative approval of the Preliminary Plan.
a. If the Preliminary Plan does not show the following information,
a Vicinity Hap or Key Map should accompany or be drawn on the
Preliminary Plan at a small scale (400 feet equals one inch)
showing - all existing subdivisions, streets, tract line or
acreage parcels, together with the names of the record owner of
parcels of land immediately adjoining the proposed subdivision
and between it and the nearest existing or proposed major tho-
roughfares. It shall show how streets and alleys in the pro-
posed subdivision may connect with existing and proposed streets
and alleys in neighboring subdivisions or undeveloped property,
to produce the most advantageous development of the entire neigh-
borhood area.
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VOL FACE 459
b. ConfomlIX to Section 4.
The Preliminary Plan shall conform to Section "W', "General
Requirements and minimum Standards of Design and Development."
c. Preliminary Plan,.:
The plat of a subditri.sion shall be of such scale that all sur-
vey and mathematical information, and all other details may be clearly
and legibly shown thereon. Each lot shall be numbered and each block
shall be letteied or numbered. The lengths of all boundaries of each
lot shall be shown to the nearest 0.1 foot. Each street shall be
named and shall also show:
1. The proposed name of the subdivision.
2. Northpoint, scale and date of application.
3. Names and addresses:of the subdivider and of the engineer,
surveyor or land planner or landscape architect.
4. The tract designation or other description according to the
real estate records of the Deschutes County Recorder.
5. The boundary line (accurate in scale) of the tract to be
subdivided.
6. Ground elevations on the tract, based on a datum plane
approved by the County Surveyor: for land that slopes less
than approximately two (2) percent show spot elevations at
all breaks in grade, along drainage channels or swales, and
at selected points not more than 100 feet apart in all dire-
ctions; for land that slopes more than approximately tm (2)
percent either show contours with an interval of not more
than five (5) feet if ground slope is regular and such in-
formation is sufficient for planning purposes, or show con-
tours with an interval of not more than two (2) feet if
necessary because of irregular land or need for more detailed
data for preparing plans and construction drawings.
Other conditions on the tract, including water courses,
marshes, rock outcrop, wooded areas, isolated perservable
trees one foot or more in diameter, houses, barns, shucks
and other significant features shall be indicated in the topo-
graphic data shown on the preliminary plan.
7. The names of adjacent subdivisions or the names of record
owners of adjoining parcels of unsubdivided land.
The location, widths and names of all existing or platted '
streets or other public ways within or adjacent to the tract,
existing permanent buildings, railroad rights-of-way and
other important features such as section lines, political
subdivision or corporation lines and school district
boundaries.
9. Existing sewers, water mains, culverts or other underground
structures within the tract or immediately adjacent thereto
together with pipe sizes, grades and location indicated if
they exist.
10. All parcels of land intended to be dedicated for public use
or reserved in the deeds for the use of all property owners
in the proposed subdivision, together with the purpose of
conditions or limitations of such reservation, if any.
U. The layout, names and widths of proposed streets, alleys
and easements. Proposed streets shall be adjusted to the
contour or land so as t6 produce usable lots and streets
of reasonable gradients.
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VOL 9 FAc€ 460
y. G < 't
12. I-Then required by the County Planning Commission, the Pre-
liminary Plan shall be accompanied by:
a. The profile of each street with tentative grades, in-
cluding extensions of such profile for a reasonable
distance beyond the Limits of the subdivision*
b. The cross section of proposed streets showing the width
of roadways, location and width of sidewalks. All ele-
vations shall be based upon mean sea level datum.
13. The layout, numbers and approximate dimensions of proposed
lots. Where lots are to be used for other purposes than
residential, it shall be indicated in such lots.
14. Parks, playgrounds, recreation areas, boulevards, parkways
and open spaces for public use,
15, Zoning Districts as set forth in the County Zoning Ordi-
nance.
16. Locations of any proposed plantings.
d. Tentative Approval of the Preliminary Plan
1. Prior to the approval of the Preliminary Plan on any sub-
division as defined herein, the County Planning Commission
will ascertain and satisfy itself that within said contem-
plated subdivision there is adequate provision for sewage
disposal and sanitary domestic water supply. Provisions for
grading, paving, curbing, gutters, sidewalks and street tree
plantings may also be required prior to tentative approval
of the proposed subdivision plat, where in the opinion of
the said Planning Commission the same is necessary under
the police power of Deschutes County for the protection of
the health, welfare, general well-being and aesthetic values
of the neighborhood and the said Deschutes County,
2. The County Planning Commission shall by letter express its
tentative approval or disapproval of the Preliminary Plan
within sixty (60) days of the date it was submitted and no
indication of approval shall be put on such plan, When the
County Planning Commission rejects the Preliminary Plan it
shall state its reasons for such rejection. Tentative ap-
proval of the Preliminary Plan is null and void if the
FINAL PLAN is not submitted to the County Planning Commis-
sion within six (6) months after tentative approval of the
Preliminary Plan.
SECTION 6. FINAL PLAN
The Final Plan shall be submitted to the County Planning Commission
in the form of an original tracing in ink on tracing clot# and a good
quality of white cold-pressed, double mounted drawing paper, 18 inches
by 24 inches as required by Oregon Law, ORS 92.0$0, together with five
(5) prints.
The Final Plan shall conform to Section 4., "General Requirements
and Minimum Standards of Design and Development."
The Final Plan shall be drawn to such a scale that all survey and
mathematical information may be clearly shove.
a„ Name of the subdivision.
b. Name and address of the subdivider,
c. Northpoint, scale and date submitted.
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VOL 9 FACE 461
.A 1 r .
d, The boundary lines with accurate distances and bearings, the
exact location and widths of all existing or recorded streets
and ways intersecting the boundary of the tract,
e. True bearings and distances to the nearest established street
lines or official monuments, which shall be; accurately described
on the plat; rmlhicipal, township, county or section lines ac-
curately tied to the lines of the subdivision by distance and
bearings.
f. An accurate location of the subdivision in reference to the real
estate records of Deschutes County, including names of adjacent
record owners of property:
g. Streets, alleys and ways together {pith their names*
h. The length of all arcs, radii, internal angles, points of curva-
ture, length and bearings of tangents*
i All easements for rights-of-way provided for public services or
utilities and any limitations of the easements.
j. All block indications, lot numbers and lot lines with accurate
dimensions in feet and tenths and bearings and angles to street
and alley lines.
k. The accurate location, material and approximate size of all
monuments. Ionuments shall meet the specifications of the
County Surveyor but shall not be less than those required by
the State or the Federal Government, as they apply.
1. The accurate outline of all property which is offered for dedi-
cation for the public use with the purpose indicated thereon
and of all property that may be reserved by deed covenant for
the common use of the property owners in the subdivision*
m. The zoning districts as set forth in the County Zoning Ordi-
nance,,
n. Boundaries of areas of private restrictions within the sub-
division and designation of the kind of such restrictions.
o. Certification by a registered professional Civil Engineer or
licensed land surveyor to the effect that the plan represents
a survey made by him and all the monuments shown thereon actually
exist and that their location, size and material are correctly
shown.
p. Certification of approval of the County Surveyor of all loca-
tions, grades and dimensions of the plat.
q. Dedication of all streets, alleys, ways, easements, parks and
lands for public use as shown on the plat and as required by
the County of Deschutes, Oregon.
Submitted with the Final Plan
The following shall accompany the final plan:
a. Written proof that all taxes on the tract are paid to date,
b. If any or all of the following improvements are to be performed by
the subdivider, the following shall accompany the Final Plan:
1. Cross sections of the proposed. streets showing widths of road-
ways, types of surfacing, curb locations and width and location
of sidewalks,
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VOL 9 PAGE 462 '
2. Plan and profiles of the proposed grater distribution system
showing pipe sizes and the Location of valves and fire hyd-
rants,
3. Plan and profiles of proposed sanitary, stom water or com-
bined sewers, with grades, pipe sizes and the location of
fnan-holes indicated.
4. Specifications for the construction of all proposed roadways,
curbs, sidewalks, sewers and waterlines.
5. A profile of each street with grades shown thereon.
At the option of the County Planning Commission ahd in conjunction
and cooperation with the developer of the subdivision, the plat as
originally proposed may be broken down into segments and each segment
treated as an entirety to which the regulations in this section shall
apply:
The County Planning Commission will withold its approval of any
subdivision plat as herein mentioned until the regulations herein set
forth have been complied with or until satisfactory evidence of intent
and ability have been provided and ray require a performance bond evi-
dencing such intent and ability by the said developer. In no event
shall approval be given to additional segments of the original plat
until the requirements as herein set forth have been met as to any prior
considered segment.
Any improvements required by the County Planning Commission as a
condition of approval of the final plat shall follow the construction
drawings and specifications listed above and meet with the approval of
the County Surveyor. All sanitary facilities shall meet with the ap-
proval of the County Health Officer or Sanitarian.
Approval of the-Final Plan shall be indicated by the signatures'of
the County Surveyor, the Chairman of the County Planning Commission.9
the County Assessor, County Sheriff, County Judge and Commissioners.
The approval of the Final Plan shale be deemed to constitute or
effect an acceptance by the public of the dedication of any street or
other proposed public way or space shown on the plat immediately upon
the final recording of the said plat.
Approval of the Final Plan by the County Planning Commission shall
be null and void if the plat is not recorded within sixty (60) days
after the date of approval, unless application for an extension of time
is made in writing by the subdivider during said sixty (60) day period
to the County Planning Commission and is granted.
SECTION 7.
Applicable portions of Chapter 92, Oregon Revised Statutes, Plats
and Subdivisions, are made a part hereof by reference; where the pro-
visions and requirements hereof are more strict and stringent, then
insofar as such are concerned, the terms of these rules shall prevail
and where the provisions of the State Statutes are more strict and
stringent than such shall prevail.
SECTION 8. VARIANCES
a. Hardship
On application to the Planning Commission, a developer who is
able to affirmatively show an extraordinary hardship arising '
from the location, topography or other physical characteristid,
which would make it difficult or impossible to conform strictly
to these regulations, and further the affirmative findings by
the Planning Commission that such conditions do exist and a
further affirmative finding that the public interest shall be
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VOL 9 PACE463,
secured and that such a project will be beneficial to the
community and not nullify the intent and purposes of the
Zoning;Plan of Deschutes County or these regulations, then the
said Planning Commission may vary the regulations so that the
substantial justice may b: done.
b,. Large Scald Development,
The standards and requirements of these regulations may be
modified by the Planning Commission in the case of a plan and
program for a hew town, a complete community; or a neighborhood
unit, which in the judgement of the Planning,Commission pro-
vides adequate public spaces and improvements for the circul-
ation, recreation, light air and service needs of the tract,
including streets and utilities, when fully developed and pop-
ulated) and which also provides such covenants or other legal
provisions as will assure confotrity to and achievement of the
Zotiing Plan,
c. Conditions
In granting variahces and modifications, the Planning Commis-
sion may require such conditions as will, in its judgements
secure substantially the objectives of the standards or require-
ments so varied or codified,
SECTION 9. SAVING CLAUSE
Should any part or portion of these rules be declared invalid or
unlawful by a court of competent jurisdiction, then such a declaration
or determination shall have no bearing or effect upon the other parts
or portions of these rules.
SECTION 10. PENALTIES
All persons, corporations, partnerships or other entities coming
within the terms of these rules shall comply herewith. Failure to
comply with or violation of any provision of these rules is punishable..
upon conviction, by a fine of not less than ;50.00 or more than x500,00
or imprisonment in the county jail for not less than 25 days nor more
than 50 days, or both.
Should equitable remedies be legally provided to enforce the terms
and provisions of these rules, then such remedies are adopted by re-
ference and shall be applicable to enforce the terms and provisions of
these rules.
DESCHUTES COUNTY COURT
14,
le~
,~D
COUNTY JUDGE
Dated this 16th day of June, 1965.
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