ADOPTING ORDINANCE

ORDINANCE 62, 4-4-1989

AN ORDINANCE ADOPTING THE OFFICIAL CODE OF MALHEUR COUNTY, OREGON

    Whereas, the Malheur County Court since the creation of Malheur County in 1887 has by state law been delegated legislative power to enact and has enacted many ordinances over matters of county concern; and

    Whereas, the Legislative Assembly in 1973 clarified the County Court's legislative authority in ORS 203.035 by specifically providing that, with limited and specified exceptions

      "(1) . . . the governing body . . . of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the United States and of this state . . .

      "(2) The power granted by this section is in addition to other grants of power to counties, shall not be construed to limit or qualify any such grant and shall be liberally construed, to the end that counties have all powers over matters of county concern that it is possible for them to have under the Constitution and laws of the United States and of this state." and

    Whereas, the County Court, in the interest of providing all persons with a convenient access to all county ordinances of a general nature which are currently applicable, in February 1987 directed Mrs. Patricia Sullivan, the then very able County Counsel, to collect and correct the language of these ordinances, to codify these ordinances into a proposed County Code of Ordinances, and to professionally publish this code in a technically correct and convenient format; and

    Whereas, this County Code of ordinances was published in February 1989 by Sterling Codifiers, Inc., 35 West Commercial, Weiser, Idaho; and

    Whereas, this proposed County Code of ordinances has been carefully reviewed and has been found to contain all county ordinances of a general nature which are currently applicable, revised so as to correct all defects of form and substance; and

    Whereas, the County Court now considers it important to adopt this proposed County Code of ordinances as the official Code of the County of Malheur at the earliest possible date;

    THE MALHEUR COUNTY COURT ORDAINS AS FOLLOWS:

Section 1. The County Code of Malheur County, Oregon (1989), which contains the compilation of all county ordinances of a general nature together with limited substantive changes in those ordinances prepared by former Malheur County Counsel Patricia Sullivan under the direction of the Malheur County Court and which was published in February 1989 by Sterling Codifiers, Inc., of Weiser, Idaho, is hereby adopted as the official Code of the County of Malheur and shall be accepted in all courts as the Official Code and Law of the County as enacted by the Malheur County Court. This compilation shall be known and cited as the "Malheur County Code".

Section 2. There is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the Malheur County Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, three (3) copies of which shall be maintained in the office of the County Clerk, certified as to correctness and available for inspection at any and all times during which this office is regularly open.

Section 3. The fact that one or more provisions in a particular ordinance included in the Malheur County Code have been deliberately eliminated by the County Court shall not serve to cause any interruption in the continuous effectiveness of that ordinance. Ordinances of a special nature, such as tax levy ordinances, bond ordinances, franchises, vacating ordinances and annexation ordinances, are not intended to be included in the Malheur County Code. These ordinances shall continue in full force and effect unless specifically repealed or amended by a provision of the Malheur County Code.

Section 4. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of the Malheur County Code, or to insert or delete pages or portions thereof, or to alter or tamper with the Malheur County Code in any manner whatsoever which will cause the law of Malheur County to be thereby misrepresented.

Section 5. All ordinances or parts of ordinances in conflict with the Malheur County Code are, to the extent of such conflict, hereby repealed.

Section 6. 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 immediately upon the date of its adoption. (ORS 203.045(9))

    This Ordinance passed and approved by the Malheur County Court on this 4th day of April, 1989.

ATTEST:		MALHEUR COUNTY COURT
		Maxwell T. Lieurance, County Judge
Lois A. Palmer, Recording Secretary
		W.C. Hammack County Commissioner
APPROVED AS TO FORM:
		Don B. Cox, County Commissioner
Walter F. Brown, County Counsel