71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 364
 
                         House Bill 2223
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Susan Morgan
  for Douglas County Counsel)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies standards for county governing body to change
boundaries of proposed special district. Requires chief
petitioner to provide notice of petition to owners of land
located within proposed special district.
 
                        A BILL FOR AN ACT
Relating to formation of special districts; amending ORS 198.765,
  198.800 and 198.805.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 198.805 is amended to read:
  198.805. (1) At the time stated in the notice, the county board
shall hear the petition and determine, in accordance with the
criteria prescribed by ORS 199.462,   { - if - }
 { + whether + } the area could be benefited by the formation of
the district. It may adjourn the hearing from time to time, but
not exceeding four weeks in all unless additional notice is
given.   { - The county board may alter the boundaries set forth
in the petition to either include or exclude territory. - }  In
determining the boundaries of the proposed district, the board
shall consider the benefit the proposed district will have within
the territory in or out of the proposed district. The board shall
not modify the boundaries so as to exclude from the proposed
district any land which could be benefited by its formation, nor
 { - shall there be included - }   { + to include + } any land
which will not, in the judgment of the board, be benefited { +
unless the board determines that modifying the boundaries is in
the public interest. If the county board so determines, the board
may alter the boundaries set forth in the petition to either
include or exclude territory + }.
  (2) If the county board determines that any land has been
improperly omitted from the proposed district and that the owner
has not appeared at the hearing, the board shall continue the
hearing and shall order notice given to the nonappearing owner
requiring the owner to appear before it and show cause, if any,
why the land of the owner should not be included in the proposed
district. The notice shall be given either by posting and
publication, in the same manner as notice of the original hearing
and for the same period, or by personal service on each
nonappearing owner. If notice is given by personal service,
service shall be made at least 10 days prior to the date fixed
for the further hearing.
  (3) If the county board finds that a proposed county service
district may not be needed in the future or that indefinite
existence may significantly discourage future boundary changes,
it may require dissolution as provided in ORS 451.620. The order
for such dissolution shall specify the fiscal year, not later
than the 10th fiscal year after the date of the order, in which
dissolution shall occur.
  SECTION 2. ORS 198.765 is amended to read:
  198.765. (1) A petition shall not be accepted for filing unless
the signatures thereon have been secured within six months of the
date on which the first signature on the petition was affixed. A
petition for formation of a district shall not be accepted for
filing if it is not accompanied by the economic feasibility
statement required under ORS 198.749. When a petition for
formation of a district includes a proposed permanent rate limit
for operating taxes, the petition shall be filed not later than
180 days before the date of the next biennial primary election or
general election at which the petition for formation will be
voted upon. Petitions required to be filed with the county board
shall be filed with the county clerk of the principal county.
Petitions required to be filed with the district board shall be
filed with the secretary of the district board. It is not
necessary to offer all counterparts of a petition for filing at
the same time, but all counterparts when certified as provided by
subsection (3) of this section shall be filed at the same time.
  (2) Within 10 days after the date a petition is offered for
filing, the county clerk or district secretary, as the case may
be, shall examine the petition and determine whether it is signed
by the requisite number of qualified signers. In the case of a
petition required or permitted to be signed by landowners, within
10 days after the date a petition is offered for filing, the
county assessor shall examine the petition and determine whether
it is signed by the requisite number of qualified landowners. If
the requisite number of qualified signers have signed the
petition, the county clerk or district secretary shall file the
petition. If the requisite number have not signed, the county
clerk or district secretary shall so notify the chief petitioners
and may return the petition to the petitioners.
  (3) A petition shall not be filed unless the certificate of the
county clerk or the district secretary is attached thereto
certifying that the county clerk or district secretary has
compared the signatures of the signers with the appropriate
records, that the county clerk or district secretary has
ascertained therefrom the number of qualified signers appearing
on the petition, and that the petition is signed by the requisite
number of qualified signers. In the case of a petition required
or permitted to be signed by landowners, a petition shall not be
filed unless the certificate of the county assessor is attached
thereto certifying that the county assessor has compared the
signatures of the signers with the appropriate records and that
the petition is signed by the requisite number of qualified
landowners.
   { +  (4) At the time of filing, the persons designated on the
petition as the chief petitioners shall mail individual notice of
the petition to each owner of real property located within the
territory subject to the petition as shown on the most recent
property tax assessment roll. A petition may not be accepted for
filing unless the petition is accompanied by a written statement
signed by the chief petitioners certifying compliance with this
subsection. + }
    { - (4) - }  { +  (5) + } No petition for dissolution shall
be accepted for filing within one year after an election held on
the question of dissolution of a district.
  SECTION 3. ORS 198.800 is amended to read:
  198.800. (1) A petition for formation shall be filed with the
county board of the principal county. Before the petition is
filed, it shall be approved by indorsement thereon by any agency
required by the principal Act to indorse or approve the petition.
If the petition satisfies the requirements of ORS 198.749 and
198.750 to 198.775 and is otherwise sufficient under the
principal Act, the county board shall:
  (a) If the county is within the jurisdiction of a local
government boundary commission, file the petition with the
boundary commission within 10 days after the petition is filed
with the board; or
  (b) Set a date for a hearing on the petition. The hearing shall
be held not less than 30 days nor more than 50 days after the
date the petition is filed.
  (2) The county board shall cause notice of the hearing to be
posted in at least three public places and published by two
insertions in a newspaper. The notice shall state:
  (a) The purpose for which the district is to be formed.
  (b) The name and boundaries of the proposed district.
  (c) The time and place of the hearing on the petition.
  (d) That all interested persons may appear and be heard.
   { +  (3) The persons designated on a petition as the chief
petitioners shall mail individual notice of the hearing to every
owner of real property located within the proposed district as
shown on the most recent property tax assessment roll. The notice
shall contain the information required for notice under
subsection (2) of this section. + }
    { - (3) - }  { +  (4) + } Except as provided in subsection
(1)(a) of this section, this section and ORS 198.805 do not apply
in areas subject to the jurisdiction of a local government
boundary commission.
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