Chapter 138 Oregon Laws 2001
AN ACT
SB 510
Relating to boundary
changes; creating new provisions; and amending ORS 198.720, 198.747, 199.519,
199.760, 202.080, 222.010, 264.480, 265.010, 266.385, 267.208, 268.347,
294.381, 334.690, 341.565, 371.110 and 401.852.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 294.381 is amended to read:
294.381. (1) Each municipal corporation that has the power
to levy an ad valorem property tax shall estimate, in the manner provided in
this section, the amount of revenues that will be received in the ensuing year
through the imposition of taxes upon the taxable property within the municipal
corporation.
(2) Subject to the additional adjustments required under
subsection (3) of this section, the estimated ad valorem taxes that will be
received in the ensuing year is the sum of the following:
(a) The amount derived by multiplying the estimated
assessed value for the ensuing year of the taxable property within the
municipal corporation, after boundary
changes have been filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225, by whichever of the
following is applicable to the municipal corporation:
(A) The municipal corporation’s permanent rate limit on
operating taxes, as defined in ORS 310.202 (8), or such lesser rate as the
municipal corporation may determine to use for purposes of levying such ad
valorem taxes; or
(B) The municipal corporation’s statutory rate limit on
operating taxes, as defined in ORS 310.202 (10), or such lesser rate as the
municipal corporation may determine to use for purposes of levying such ad
valorem taxes.
(b) If the municipal corporation is authorized to levy a
local option tax that was authorized by the electors as a dollar amount, the
dollar amount of such local option tax that is authorized to be levied in the
ensuing year.
(c) If the municipal corporation is authorized to levy a
local option tax that was authorized by the electors as a tax rate, the amount
derived by multiplying the authorized rate of such local option tax for the
ensuing year by the estimated assessed value for the ensuing year of the
taxable property within the municipal corporation.
(d) An amount equal to the principal and interest on all
bonded indebtedness of the municipal corporation that is due and payable in the
ensuing year, divided by the annual average percentage of taxes collected in
the county in which the taxable property of the municipal corporation is
located.
(3) The sum of the amounts determined under subsection
(2)(a), (b) and (c) of this section shall be reduced by an amount equal to the
estimated amount of such taxes that will not be collected as a result of:
(a) The discounts allowed under ORS 311.505;
(b) The limits imposed under ORS 310.150 (3); and
(c) The failure of taxpayers to pay such taxes in the year
for which they are levied.
(4) The estimated ad valorem taxes determined in accordance
with subsections (2) and (3) of this section shall be used by the municipal
corporation for purposes of complying with the requirements of ORS 310.060 (1).
SECTION 2.
ORS 198.720 is amended to read:
198.720. Except as otherwise specifically provided by the
principal Act:
(1) A district may consist of contiguous or noncontiguous
territory located in one or more adjoining counties. If any part of the
territory subject to a petition for formation or annexation is within a city,
the petition shall be accompanied by a certified copy of a resolution of the
governing body of the city approving the petition.
(2) A district may not include territory included within
another district formed under the same principal Act when the other district is
authorized to perform and is performing the services the affected district is
authorized to perform, unless:
(a) Withdrawal of such territory is proposed and the
territory is withdrawn by withdrawal proceedings conducted in the other
district simultaneously with the formation or annexation proceedings, and the
proposed boundary changes are approved for both districts; or
(b) The principal Act provides for automatic withdrawal of
the affected territory in such a case.
(3) The boundary lines of a district formed under ORS
198.705 to 198.955 shall include only such territory as may in reason be served
by the facilities or services of the district.
(4) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 3.
ORS 198.747 is amended to read:
198.747. (1) Notwithstanding any provision of ORS 198.705
to 198.955 that provides a different effective date, an annexation, withdrawal,
consolidation or merger shall not become effective during the period:
(a) Beginning after the 90th day before a biennial primary
election or general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any district or other municipal
corporation involved in the annexation, withdrawal, consolidation or merger and
ending on the day after the election.
(2) If the effective date established for an annexation,
withdrawal, consolidation or merger is a date that is prohibited under this
section, the annexation, withdrawal, consolidation or merger shall become
effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective
date of an annexation shall be the date of the order declaring the annexation
under ORS 198.855.
(4) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 4.
ORS 199.519 is amended to read:
199.519. (1) Notwithstanding any different effective date
specified in ORS 199.480, 199.505 or 199.507, a boundary change under ORS
199.410 to 199.534 shall not become effective during the period:
(a) Beginning after the 90th day before a biennial primary
election or general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any city or district involved in the
boundary change and ending on the day after the election.
(2) If the effective date established for a boundary change
is a date that is prohibited under this section, the boundary change shall
become effective on the day after the election for voting purposes.
(3) The provisions of this section do not apply if the
territory affected by the boundary change has no registered voters.
(4) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 5.
ORS 199.760 is amended to read:
199.760. (1) When a city-county is incorporated, for
purposes of county functions its boundaries shall be the boundaries of the
county that is consolidated into the city-county, and for purposes of city
functions:
(a) The boundaries shall include all territory located in
any city in the county immediately before the consolidation;
(b) The boundaries shall exclude all territory in any city
extending into the county if more than half of the population in the city is
located outside the county immediately before the consolidation; and
(c) The boundaries shall exclude the unincorporated area
when a majority of the electors in the unincorporated area voting on the
question submitted under ORS 199.735 (2) votes against the question.
(2) No boundary change effected under ORS 199.705 to
199.795 shall:
(a) Change the boundaries of a legislative district
established by state law.
(b) Deprive any member of the Legislative Assembly of the
member’s seat in that body.
(3) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 6.
ORS 202.080 is amended to read:
202.080. (1) In
the establishment of any proposed new county and in the establishment of the
boundaries of counties in which a change is proposed, the same shall be made to
conform to the established government legal subdivisions.
(2) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 7.
ORS 222.010 is amended to read:
222.010. (1) Every city, through its recorder or other city
officer or agency designated to perform the duties of the recorder under this
section, shall report to the county clerk and county assessor of the county
within which the city is located all changes in the boundaries or limits of the
city. The report shall contain a detailed legal description of the new boundaries
established by the city. The report shall be filed by the city within 10 days
from the effective date of the change of any boundary lines.
(2) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
[(2)] (3) Subsection (1) of this section does
not apply to a minor boundary change ordered under ORS 199.410 to 199.519.
SECTION 8.
ORS 264.480 is amended to read:
264.480. (1) Notwithstanding ORS 198.910 and 198.915,
when, at an election on
consolidation or merger, a majority of the votes cast in each affected district
is in favor of merger or consolidation or when merger or consolidation of
districts is approved by a final order of a local government boundary commission,
if all but one of the affected districts together contain fewer than 20 percent
of the electors or owners of land within the successor or surviving district,
the district board of the district containing the largest number of electors or
owners of land shall serve as the district board of the surviving or successor
district. The terms of office of members of the district board of the surviving
or successor district chosen under this subsection shall not be affected by the
merger or consolidation.
(2) The board selected under subsection (1) of this section
or ORS 198.912 shall immediately meet as required by ORS 198.910, organize as
provided by this chapter and, by resolution, declare the districts merged or
consolidated. In areas outside the jurisdiction of a local government boundary
commission, the merger or consolidation is complete from the date of adoption
of the resolution. Within the jurisdiction of a local government boundary
commission, the merger or consolidation takes effect as provided in ORS 199.480
(1)(c).
(3) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 9. ORS
265.010 is amended to read:
265.010. (1)
Territory may be formed into a cemetery maintenance district in accordance with
ORS 265.010 to 265.050.
(2) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 10.
ORS 266.385 is amended to read:
266.385. (1) The
board shall adjust zones established within a district as necessary to make
them as nearly equal in population as is feasible according to the latest
federal census. The board also shall adjust boundaries of zones as necessary to
reflect boundary changes of the district.
(2) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 11.
ORS 267.208 is amended to read:
267.208. (1) An alteration of the boundaries of a district
under ORS 267.207 or 267.250 to 267.263 shall not become effective during the
period:
(a) Beginning after the 90th day before a biennial primary
election or general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by the district and ending on the day
after the election.
(2) If the effective date established for the alteration of
the boundaries is a date that is prohibited under this section, the alteration
shall become effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective
date of an alteration of district boundaries shall be the date on which the
board adopts the ordinance altering the boundaries or, if such an ordinance is
initiated or referred, the date on which the ordinance is approved by the
electors as provided in ORS 267.207.
(4) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 12.
Section 13 of this 2001 Act is added to
and made a part of ORS 267.510 to 267.650.
SECTION 13.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 13a.
Section 13b of this 2001 Act is added to
and made a part of ORS chapter 195.
SECTION 13b.
If changes in the urban growth boundary
of a local government must be included in the boundaries of a mass transit
district formed under ORS 267.107, the local government shall provide the mass
transit district with a legal description of the urban growth boundary and
changes to the urban growth boundary that consists of a series of courses in
which the first course starts at a point of beginning and the final course ends
at the point of beginning.
SECTION 14.
ORS 268.347 is amended to read:
268.347. (1)
Notwithstanding ORS chapters 198, 221 and 222, a metropolitan service district
may exercise jurisdiction over boundary changes under ORS 268.351 and 268.354
and section 11, chapter 516, Oregon Laws 1997, within the boundaries of the
district and within all territory designated as urban reserves by the district
in an ordinance adopted by the district council prior to June 30, 1997.
(2) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 15.
ORS 334.690 is amended to read:
334.690. (1) The
State Board of Education shall constitute the boundary board for education
service districts. In examining any proposal to reorganize education service
districts, the state board shall consider whether the proposed district would
have the following characteristics:
[(1)] (a) A student population of at least
10,000 students or would have such a student population in the foreseeable
future;
[(2)] (b) The ability to support the staff
necessary to provide a wide array of services;
[(3)] (c) Boundaries that reflect the area’s
sense of community, and take into account topography, climate and highway
patterns so that there is reasonable access to all areas within the region;
[(4)] (d) A distance of no more than two and
one-half hours’ driving time between the regional office or suboffice and the
most remote school; and
[(5)] (e) At least one publicly supported,
post-secondary institution within the region.
(2) For purposes of
ad valorem taxation, a boundary change must be filed in final approved form
with the county assessor and the Department of Revenue as provided in ORS
308.225.
SECTION 16.
ORS 341.565 is amended to read:
341.565. (1) The State Board of Education shall constitute
the boundary board for making any changes in the boundaries of community
college districts. The state board on its own motion or on petition from a
petitioning territory may propose changes in the boundaries of the community
college district. The state board must find that the proposed change will have
no substantially adverse effect upon the ability of the affected districts to
provide and continue their program and is not made solely for tax advantages to
property owners in the district or area affected by the proposed change.
(2) The petitions shall be in a form prescribed by the
state board and must contain such information as the state board may require.
The petition shall contain a minimum number of signatures as fixed by the state
board.
(3) Before any order changing boundaries of an existing
district is entered, the state board shall set dates for a public hearing in
the area to be included in the district or excluded from the district by the
proposed boundary change and in the case of annexation of new territory in the
principal town of the existing district and shall give notice in the manner
required in ORS 341.357. At the time set in the notice, the state board or its
authorized representative shall conduct a public hearing on the motion or
petition and may adjourn the hearing from time to time.
(4) If, upon final hearing, the state board approves the
motion or petition, it shall make an order describing the revised boundaries of
the district. The order becomes final when it is approved by the Legislative
Assembly during sessions thereof or by the Emergency Board if the Legislative
Assembly is not in session. If the order is not approved, the state board may
revise it and resubmit its order to the Legislative Assembly or the Emergency
Board but not sooner than 60 days after the action of disapproval was taken.
(5) Any division of assets and liabilities required by a
change in the boundaries of a district shall be made pursuant to ORS 341.573.
(6) When the boundaries of a district are changed, if the
final order of the state board or the election held under ORS 341.569:
(a) Occurs between July 1 and March 31, inclusive, the
change shall take effect the June 30 following the final order or election
favoring the change.
(b) Occurs between April 1 and June 30, inclusive, the
change shall take effect the June 30 of the following year.
(7) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 17.
Section 18 of this 2001 Act is added to
and made a part of ORS 357.216 to 357.286.
SECTION 18.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 19.
ORS 371.110 is amended to read:
371.110. (1) If
the boundaries of any road district are changed after the levy of any road tax
in or for such road district and before the expenditure of the tax, provision
shall be made by the county court for such expenditure in the localities
contemplated at the time of levy, notwithstanding the change in boundaries.
(2) For purposes of ad
valorem taxation, a boundary change must be filed in final approved form with
the county assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 20.
Section 21 of this 2001 Act is added to
and made a part of ORS 371.305 to 371.360.
SECTION 21.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 22.
Section 23 of this 2001 Act is added to
and made a part of ORS 371.405 to 371.535.
SECTION 23.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 24.
Section 25 of this 2001 Act is added to
and made a part of ORS chapter 372.
SECTION 25.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 26.
ORS 401.852 is amended to read:
401.852. (1) The
board shall adjust zones established within a district as necessary to make
them as nearly equal in population as is feasible according to the latest
federal census. The board also shall adjust boundaries of zones as necessary to
reflect boundary changes of the district.
(2) For purposes of
ad valorem taxation, a boundary change must be filed in final approved form
with the county assessor and the Department of Revenue as provided in ORS
308.225.
SECTION 27.
Section 28 of this 2001 Act is added to
and made a part of ORS 440.315 to 440.410.
SECTION 28.
For purposes of ad valorem taxation, a boundary change must be filed in final
approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225.
SECTION 29.
Section 30 of this 2001 Act is added to
and made a part of ORS 450.005 to 450.245.
SECTION 30.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 31.
Section 32 of this 2001 Act is added to
and made a part of ORS 450.600 to 450.989.
SECTION 32.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 33.
Section 34 of this 2001 Act is added to
and made a part of ORS 451.410 to 451.610.
SECTION 34.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 35.
Section 36 of this 2001 Act is added to
and made a part of ORS 452.020 to 452.250 and 452.300.
SECTION 36.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 37.
Section 38 of this 2001 Act is added to
and made a part of ORS chapter 478.
SECTION 38.
For purposes of ad valorem taxation, a
boundary or zone change must be filed in final approved form with the county
assessor and the Department of Revenue as provided in ORS 308.225.
SECTION 39.
Section 40 of this 2001 Act is added to
and made a part of ORS chapter 523.
SECTION 40.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 41.
Section 42 of this 2001 Act is added to
and made a part of ORS chapter 547.
SECTION 42.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 43.
Section 44 of this 2001 Act is added to
and made a part of ORS chapter 552.
SECTION 44.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 45.
Section 46 of this 2001 Act is added to
and made a part of ORS chapter 553.
SECTION 46.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 47.
Section 48 of this 2001 Act is added to
and made a part of ORS 558.200 to 558.440.
SECTION 48.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 49.
Section 50 of this 2001 Act is added to
and made a part of ORS 568.210 to 568.808.
SECTION 50.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 51.
Section 52 of this 2001 Act is added to
and made a part of ORS 777.005 to 777.725.
SECTION 52.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
SECTION 53.
Section 54 of this 2001 Act is added to
and made a part of ORS chapter 778.
SECTION 54.
For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225.
Approved by the Governor May
16, 2001
Filed in the office of
Secretary of State May 16, 2001
Effective date January 1,
2002
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