HomeMy WebLinkAboutOrdinance 006 - Signature of PlatsDeschutes County Board of County Commissioner
1300 NW Wall St., Ste 200, Bend, OR 97701-1960
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AGENDA REQUEST AND STAFF REPORT
For Board Business Meeting of March 24, 2010
Please see directions on the next page for completing this document
DATE: February 23, 2010
FROM: Laurie Craghead Legal 541-388-6593
TITLE OF AGENDA ITEM:
Public Hearing, and Consideration of First and Second Readings and Adoption, by Emergency,
of Ordinance 2010-006 Amending Deschutes County Code 2.04.060 to Authorize Any
Deschutes County Board of Commissioners Member Signature on Partition and Subdivision
Plats.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
DCC 2.04.060 authorizes the Chair Board of County Commissioners or the Chair's designee to
sign subdivision and partition plats on behalf of the Board under specific circumstances. In
2005, the Oregon Revised Statutes were amended such that county governing body signatures on
plats are not land use decisions. In the past, the Board of County Commissioners has given oral
authority for any commissioner to sign those plats. Ordinance 2010-006, along with Ordinance
2010-005 codifies that authority.
FISCAL IMPLICATIONS: None
RECOMMENDATION & ACTION REQUESTED:
Hold the hearing. Authorize Chair to conduct the first and second reading. Adopt the ordinance
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENT:
Copy to Legal Staff for codification.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
2.04.060 to Authorize Any Deschutes County Board
of Commissioners Member Signature on Partition
and Subdivision Final Plats and Declaring an
Emergency
ORDINANCE NO. 2010-006
WHEREAS, the Board of County Commissioners ("Board") requested that Deschutes County Legal
Counsel staff initiate a text amendment to Deschutes County Code ("DCC") 2.04.060, Board Signatures, in
order to formally authorize any County Commissioner to sign partition and subdivision final plats; and
WHEREAS, the Board considered this matter on March 24, 2010 and concluded that the public will
benefit from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 2.04.060 is amended to read as described in Exhibit "A" attacled
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethreutgh.
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the find' ngs
attached as Exhibit "B" to Ordinance 2010-005 and incorporated by reference herein.
Section 3. 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 of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
PAGE 1 OF 2 - ORDINANCE NO. 2010-006
Date of 1 S` Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2009.
PAGE 2 OF 2 - ORDINANCE NO. 2010-006
2.04.060. Board Signatures.
A. Each document approved by a majority of the board at a public meeting shall be dated and signed by a
quorum of the Board, and each ordinance, order and resolution shall be attested to by the Board's
recording secretary.
B. Any ordinance, order, resolution, contract, plat, deed or other similar document may be signed by the
board chair or a designee of the bBoard chair under the following circumstances;
1. The motion approving the document provides for chair signature:;
2. Only one bBoard member is physically present at the meeting site and at least one other bBoard
member has attended the meeting electronically.; or
3. The document is a platdeed, contract, or similar document which that was approved by bBoard
majority.
C. A partition and subdivision final plat may be signed by any Board member.
ED. If an ordinance, order or resolution is signed by a single bBoard member, the document shall sea
forth the vote of each board member in attendance expressed as a yes, no or abstention.
E. The recording secretary shall attest the signature and the vote.
(Ord. 2010-006, §1, 2010; Ord. 98-088 §1, 1998)
Chapter 17.24 (035/201(7)
Page 1 of 1 — Exhibit A to Ordinance 2010-006