Loading...
HomeMy WebLinkAbout4-20-09 Amendments to County Code 2.04 - Signature on Final PlatsDESCHUTES COUNTY LEGAL COUNSEL MEMORANDUM TO: Board of County Commissioners FROM: Laurie E. Craghead ' Ext. 6623 RE: Changing County Code regarding plat DATE: April 14, 2009 signing CC: Dave Kanner FILE NO.: The purpose of this memo is to ask for the Board's direction on two issues. QUESTION #1 Should Deschutes County Code ("DCC") Section 2.04.060 be amended to allow a commissioner to sign a final subdivision or partition plat without the plat having to be presented to the entire Board? DISCUSSION. DCC Section 2.04.060 allows the Board Chair or a designee of the Chair to sign document on behalf of the governing body only if the document has first been approved by the entire Board. DCC 2.04.060 "B. Any ordinance, order, resolution, contract, plat, deed or other similar document may be signed by the board chair or a designee of the board chair under the following circumstances: 1. The motion approving the document provides for chair signature. 2. Only one board member is physically present at the meeting site and at least one other board member has attended the meeting electronically. 3. The document is a plat, deed, contract, or similar document which was approved by board majority." For at least as long as I have been here, however, the practice has been that a commissioner will sign a final plat whenever it is brought to him or her by a developer or a County planner Memo to BOCC Changing DCC 2.04.060 Page 2 of 3 without it having first been reviewed and approved by the entire Board. This violates the Code. Thus, if the Board desires to have the practice match the Code, the Code must be amended. If you want to do this, I suggest deleting "plat" from DCC 2.04.060(B)(3) and adding a Subsection DCC 2.04.060(B)(4) that says, "The document is a plat and only one board member or the board's designee is physically present in the County Administration offices at the time the plat is presented for signature by the board." QUESTION #2. If the answer to Question No. 1 is that the Board does want the code changed to match the Board's practice for signing plats, should the County Administrator be authorized to sign final plats in the event no commissioner is available when a plat is brought to the Board offices for signature? DCC 17.24.060(R) requires a signature of the County Commissioners on all subdivision and partition final plats. As stated above, DCC 2.04.060(B) allows a Board Chair designee to sign a plat on behalf of the commissioners, but only if the document has been previously approved by the entire Board. ORS 92.044 also appears to allow a board to appoint a designee to sign the plats. "(2)(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to subdivisions and •artitions to the tannincommission of the cit or county ®$ . gr . m-` city or for such purpose." ORS 92.100(1)(e), however, requires such a designation to be by ordinance. "(d)All subdivision •tats the county assessor and IS in which the property is located before recording. (e) Notwithstanding paragraph (d) of this subsection, w w for the approval of subdivision plats by: (A) The county assessor; and (B)(i) The chairperson of the governing body of the county; (ii) The vice chairperson of the governin• body of the count ; or (iii) _ . OTti (f)(A) A partition plat is subject only to the approval of the city or county surveyor unless: (i) The partition plat includes a dedication of land for public road purposes; or (ii) Provided otherwise by ordinance of the governing body. (B) The city or county surveyor shall review the partition plat only for compliance with the survey -related provisions of ORS 92.010 to 92.190 and 209.250." Memo to BOCC Changing DCC 2.04.060 Page 3of3 Therefore, if the Board desires to delegate authority to the County Administrator to sign subdivision and partition plats, I suggest adding to the Code a new Subsection 2.04.060(D) that says, "A plat may be signed by the County Administrator if no board member is physically present in the County Administrative offices at the time the plat is presented for signature by the board."