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2023-44-Ordinance No. 2023-003 Recorded 2/14/2023RE IEWED RM M LEGAL COUNSEL Recorded in Deschutes County CJ2023-44 Steve Dennison, County Clerk Commissioners' Journal 02/14/2023 9:54:57 AM L a � 2023-44 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Section 1.12.050 of the Deschutes County Code. * ORDINANCE NO. 2023-003 WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through ordinance by Deschutes County and the Deschutes County Board of Commissioners; and WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the DCC; and WHEREAS, staff from the Clerk's Office have identified a need to amend DCC 1.12.050 to properly reflect the imposed fee associated with submitted statements; and WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly noticed Board meeting on February 8, 2023, and determined that DCC 1.12.050 should be amended; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ENACTMENT. The identified section 1.12.050 of the DCC, as fully appearing in Exhibit A is enacted as provided in Section 2. PAGE 1 OF 2 - ORDINANCE NO.2023-003 Section 2. EMERGENCY. This Ordinance being necessary for the preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on February 8, 2023 Dated this 8th day of February, 2023 ATTEST: 1-9 `4 P Recording Secretary Date of Ist Reading: o Y 1 9,0 �- BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair' PATTI ADAIR, Vice Chair Nr PHIL CHANG, Commissioner Date of 2nd Reading: • V i ;'-C3 "- Record of Adoption Vote Commissioner Yes No Abstained Excused Patti Adair Phil Chang a lv.,�-&1,+ /'_ Anthony DeBone x Effective date: 8th day of February, 2023. PAGE 2 OF 2 - ORDINANCE NO.2023-003 A. Arguments favoring or opposing a measure which qualifies for and is subject to DCC 1.12 maybe filed with the clerk on or before the 75th day preceding the election at which the measure is to be submitted to the electors by: Any elector eligible to vote on the measure, or any organization eligible to file arguments under Oregon law, upon payment to the Clerk of the fee identified in OAR 165-022-0050 and the filing of a statement, in such form as the Clerk shall prescribe, which identifies the name of the person or persons who submitted the argument, the name of the organization the person or persons represent, if any, and whether the argument supports or opposes the measure; or 2. At least one thousand electors eligible to vote on the measure or ten percent of the total of such electors, whichever is less, whose representative files with their argument a form as the Clerk shall prescribe or provide, which contains the qualified signatures of at least 1,000 such electors or ten percent of the total electors eligible to vote on the measure, whichever is less. B. Prior to the circulation of a petition under DCC 1.12.050(A)(2), a prospective petition shall be filed with the Clerk, in such form as the clerk shall prescribe or provide, which sets forth the text of the proposed argument and which identifies the name of the person or persons who submitted the argument, the name of the organization the person or persons represent, if any, and whether the argument supports or opposes the measure. A copy of the contents of the prospective petition shall be attached to each signature sheet of the petition circulated among the electors. The procedures for circulation of the petition shall be the same as the applicable procedures for circulation of initiative or referendum petitions, and the Clerk shall verify the signatories on the petition in the same manner signatories are verified on referendum or initiative petitions. C. Arguments shall be typewritten, and shall not exceed 325 words to be printed in the state voters' pamphlet and shall comply with all applicable laws pertaining to arguments in the state voters' pamphlet. HISTORY Adopted by Ord. 84-024 §5 on 811511984 Amended by Ord. 95-026 §1 on 511711995 Amended by Ord. 2020-005 §1 on 11112021 Amended by Ord. 2023-003 Sec. 1 on 21812023 Exhibit A to Ordinance 2023-003 FWMIAIZM.A�v• ! • • . A. Arguments favoring or opposing a measure which qualifies for and is subject to DCC 1.12 maybe filed with the clerk on or before the 75th day preceding the election at which the measure is to be submitted to the electors by: 1. Any elector eligible to vote on the measure, or any organization eligible to file arguments under Oregon law, upon payment to the Clerk of the a fee identified in OAR 165-022-0050 of $300.00 and the filing of a statement, in such form as the Clerk shall prescribe, which identifies the name of the person or persons who submitted the argument, the name of the organization the person or persons represent, if any, and whether the argument supports or opposes the measure; or 2. At least one thousand electors eligible to vote on the measure or ten percent of the total of such electors, whichever is less, whose representative files with their argument a form as the Clerk shall prescribe or provide, which contains the qualified signatures of at least 1,000 such electors or ten percent of the total electors eligible to vote on the measure, whichever is less. B. Prior to the circulation of a petition under DCC 1.12.050(A)(2), a prospective petition shall be filed with the Clerk, in such form as the clerk shall prescribe or provide, which sets forth the text of the proposed argument and which identifies the name of the person or persons who submitted the argument, the name of the organization the person or persons represent, if any, and whether the argument supports or opposes the measure. A copy of the contents of the prospective petition shall be attached to each signature sheet of the petition circulated among the electors. The procedures for circulation of the petition shall be the same as the applicable procedures for circulation of initiative or referendum petitions, and the Clerk shall verify the signatories on the petition in the same manner signatories are verified on referendum or initiative petitions. C. Arguments shall be typewritten, and shall not exceed 325 words to be printed in the state voters' pamphlet and shall comply with all applicable laws pertaining to arguments in the state voters' pamphlet. HISTORY Adopted by Ord. 84-024 §5 on 811511984 Amended by Ord. 95-026 §1 on 511711995 Amended by Ord. 2020-005 §1 on 11112021 vT E S coG2a O -C BOARD r . • r MEETING DATE: February 8, 2023 SUBJECT: Public Hearing: Ordinance No. 2023-003 to comply with Oregon Administrative Rules RECOMMENDED MOTION: Following the public hearing, move approval of Ordinance No. 2023-003, amending Section 1.12.050 of the Deschutes County Code to comply with Oregon Administrative Rules. BACKGROUND AND POLICY IMPLICATIONS: The Clerk notified Legal that the payment provision in DCC 1.12.050 is inconsistent with applicable Oregon Administrative Rules (OAR). The changes as shown in the redline revisions will ensure compliance with OAR. BUDGET IMPACTS: None ATTENDANCE: Lega I Clerk