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 4011
House Bill 3767
Sponsored by Representative LEE (at the request of Eugene Grant,
Mayor, Happy Valley)
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.
Requires local governments and special districts to develop
urban service agreements for urban areas, within urban growth
boundaries that have population larger than 2,500, by January 1,
2003. Authorizes person affected by lack of urban service
agreement to seek enforcement action after January 1, 2003.
Repeals urban services provider annexation provisions.
A BILL FOR AN ACT
Relating to urban services; creating new provisions; amending ORS
195.060, 195.065 and 195.085; and repealing ORS 195.205,
195.210, 195.215, 195.220, 195.225 and 195.235.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 195.205, 195.210, 195.215, 195.220, 195.225
and 195.235 are repealed. + }
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS 195.065 to 195.085. + }
SECTION 3. { + (1) The Legislative Assembly finds:
(a) Urban areas require urban services as described in ORS
195.065 to avoid unnecessary blight and dysfunction.
(b) City government is a necessary service in urban areas that
should be included in the meaning of urban services.
(c) Districts, cities and counties have not developed and
implemented satisfactory urban service agreements or implemented
urban services provider annexation plans in accordance with
procedures established in ORS chapter 195.
(d) Counties continue to allow the development of urban areas
without requiring that adequate urban services be provided
concurrent with the development of urban areas.
(e) The procedure for districts, cities and counties to develop
and implement urban service agreements and urban services
provider annexation plans is difficult to apply due to the
resistance of voters to pay a fair share of the costs to provide
urban services.
(f) The lack of adequate urban services in portions of certain
urban areas adversely affects the property values and quality of
life for the residents of the deficient and blighted portions of
urban areas and also for entire urban areas.
(2) The Legislative Assembly declares that:
(a) The provision of an adequate level of urban services in
urban areas is a matter of statewide concern.
(b) To ensure an adequate level of livability in urban areas,
it is necessary to require that urban services be provided to all
urban areas in Oregon within a relatively brief period of time.
(c) Urban services must be required concurrent with the
development of urban areas.
(d) Within a reasonably short deadline, local governments shall
adjust the boundaries of urban services providers and establish
administrative procedures that do not require approval of voters
in the affected urban area. + }
SECTION 4. ORS 195.060 is amended to read:
195.060. As used in ORS 195.020, 195.065 to 195.085 and
197.005, unless the context requires otherwise:
(1) 'District' has the meaning given that term in ORS 198.010.
In addition, the term includes a county service district
organized under ORS chapter 451.
{ + (2) 'Urban area' means an area containing an urban level
of development within an urban growth boundary that has a
population greater than 2,500 persons. + }
{ - (2) - } { + (3) + } 'Urban growth boundary' means an
acknowledged urban growth boundary contained in a city or county
comprehensive plan or an acknowledged urban growth boundary that
has been adopted by a metropolitan service district council under
ORS 268.390 (3).
{ + (4) 'Urban level development' means development, other
than a single residence on a lot or parcel, that is at least 40
acres in size. + }
{ - (3) - } { + (5) + } 'Urban service' has the meaning
given that term in ORS 195.065.
SECTION 5. ORS 195.065 is amended to read:
195.065. (1) Under ORS 190.003 to 190.130, units of local
government and special districts that provide an urban service to
an area within an urban growth boundary that has a population
greater than 2,500 persons, and that are identified as
appropriate parties by a cooperative agreement under ORS 195.020,
shall enter into urban service agreements that:
(a) Specify whether the urban service will be provided in the
future by a city, county, district, authority or a combination of
one or more cities, counties, districts or authorities.
(b) Set forth the functional role of each service provider in
the future provision of the urban service.
(c) Determine the future service area for each provider of the
urban service.
(d) Assign responsibilities for:
(A) Planning and coordinating provision of the urban service
with other urban services;
(B) Planning, constructing and maintaining service facilities;
and
(C) Managing and administering provision of services to urban
users.
(e) Define the terms of necessary transitions in provision of
urban services, ownership of facilities, annexation of service
territory, transfer of moneys or project responsibility for
projects proposed on a plan of the city or district prepared
pursuant to ORS 223.309 and merger of service providers or other
measures for enhancing the cost efficiency of providing urban
services.
(f) Establish a process for review and modification of the
urban service agreement.
(2)(a) Each county shall have responsibility for convening
representatives of all cities and special districts that provide
or declare an interest in providing an urban service inside an
urban growth boundary within the county, for the purpose of
negotiating an urban service agreement. A county may establish
two or more subareas inside an urban growth boundary for the
purpose of such agreements. If an urban service is to be provided
within the boundaries of a Metropolitan Service District, a
county shall notify the Metropolitan Service District in advance
of the time for cities and special districts to meet for the
purpose of negotiating an urban service agreement, and the
Metropolitan Service District shall exercise its review, advisory
and coordination functions under ORS 195.025.
(b) When negotiating for an urban service agreement, a county
shall consult with recognized community planning organizations
within the area affected by the urban service agreement.
(3) Decisions on a local government structure to be used to
deliver an urban service under ORS 195.070 are not land use
decisions under ORS 197.015.
(4) For purposes of ORS 195.020, 195.070, 195.075, 197.005 and
this section, 'urban services' means:
(a) Sanitary sewers;
(b) Water;
(c) Fire protection;
(d) Parks;
(e) Open space;
(f) Recreation; { - and - }
(g) Streets, roads and mass transit { + ; and
(h) City government + }.
(5) Whether the requirement of subsection (1) of this section
is met by a single urban service agreement among multiple
providers of a service, by a series of agreements with individual
providers or by a combination of multiprovider and
single-provider agreements shall be a matter of local discretion.
{ + (6)(a) A county or metropolitan service district may not
allow urban level development to occur within an urban growth
boundary with a population greater than 2,500 persons without
ensuring that an adequate level of urban services is provided
concurrently with development.
(b) A county or metropolitan service district shall adopt
ordinances establishing the level of urban services deemed
minimally adequate for the jurisdiction and the criteria for
determining whether the services will be concurrently provided to
an area proposed to be developed. The criteria must require a
reasonable assurance that the urban services described in
subsection (4)(a), (b) and (c) of this section will be available
at the time of development and the urban services described in
subsection (4)(d) and (g) of this section will be available
within five years of development. + }
SECTION 6. ORS 195.085 is amended to read:
195.085. (1) { - No later than the first periodic review that
begins after November 4, 1993 - } { + By January 1, 2003 + },
local governments and special districts shall demonstrate
compliance with ORS 195.020 and 195.065 { + to the Land
Conservation and Development Commission + }.
{ - (2) The Land Conservation and Development Commission may
adjust the deadline for compliance under this section when cities
and counties that are parties to an agreement under ORS 195.020
and 195.065 are scheduled for periodic review at different
times. - }
{ - (3) Local governments and special districts that are
parties to an agreement in effect on November 4, 1993, which
provides for the future provision of an urban service shall
demonstrate compliance with ORS 195.065 no later than the date
such agreement expires or the second periodic review that begins
after November 4, 1993, whichever comes first. - }
{ + (2) After January 1, 2003, a person may seek an
enforcement order from the Land Conservation and Development
Commission for noncompliance with ORS 195.020 or 195.065.
(3) An appropriate remedy in an enforcement order issued under
subsection (2) of this section may include, but not be limited
to, the adjustment of the boundaries of an urban services
provider to include extraterritorial areas within an urban growth
boundary that has a population greater than 2,500 persons, if the
area receives urban services from the urban service provider. + }
SECTION 7. { + (1) If, prior to January 1, 2003, an urban
services provider agrees to a plan to provide urban services to a
particular unincorporated portion of an urban area and the
agreement is approved by the county and the metropolitan service
district, if any, the plan shall become effective, without a
requirement for voter approval, 180 days after notice of the plan
is given to residents of the affected unincorporated area unless,
within the 180-day period, a petition is filed and approved by
the county court under ORS 221.040 seeking to incorporate a new
city.
(2) If incorporation is rejected by voters at an election
ordered under ORS 221.050, the urban service agreement shall
become effective immediately upon certification of the election
results. + }
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