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 3155
Senate Bill 800
Sponsored by Senators HARTUNG, METSGER
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 government to create fiscal impact statement at
least 30 days prior to amendment of comprehensive plan,
functional plan, land use regulation or urban growth boundary.
Waives 30-day requirement in cases of emergency.
Requires boundary commission to include fiscal impact statement
in study created pursuant to petition for any boundary change.
Requires commission to create fiscal impact statement upon
application by community water supply system for allocation of
service territory or resolution or application for minor boundary
change.
Requires counties and appointed commissioners to create fiscal
impact statement at least 14 days prior to electors voting on
petitioned county formation or boundary change.
A BILL FOR AN ACT
Relating to fiscal impact statements; creating new provisions;
and amending ORS 199.461, 199.490 and 202.040.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 197. + }
SECTION 2. { + (1) If a local government proposes to amend a
comprehensive plan, functional plan, land use regulation or urban
growth boundary, the local government shall prepare a fiscal
impact statement describing the fiscal impact that the amendment
would have, if enacted, on the local government and any affected
special district. The fiscal impact statement shall, to the
greatest extent practicable, itemize the fiscal impact of each
alteration to a plan, regulation or boundary. The fiscal impact
statement shall:
(a) Include an estimate for the total cost and the cost per
affected taxpayer for infrastructure development and improvement
resulting from an amendment;
(b) Include a comparison of ongoing service and maintenance
costs that will be incurred by the local government and affected
taxpayers if the amendment is enacted and if the amendment is
disapproved; and
(c) Identify the source of funds for infrastructure development
and improvement, including funds that will be diverted from
current public services, projects or programs.
(2) The local government shall publish, including in electronic
form, the fiscal impact statement at least 30 days before the
plan, regulation or boundary is amended. An amendment shall be
void if the fiscal impact statement is not published at least 30
days before it is amended.
(3) Notwithstanding subsection (2) of this section, if the
amendment was compelled by an emergency, a local government may
publish the fiscal impact statement within 30 days after a plan,
regulation or boundary is amended without causing the amendment
to be void.
(4) For purposes of this section, 'infrastructure' includes
roads, sewers, water supply and wastewater systems, schools,
parks, emergency services and facilities and public lighting. + }
SECTION 3. { + Section 2 of this 2001 Act applies to a
comprehensive plan, functional plan, land use regulation or urban
growth boundary that is amended on or after the effective date of
this 2001 Act. + }
SECTION 4. ORS 199.461 is amended to read:
199.461. (1) When the boundary commission receives a petition
in a boundary change proceeding or an application for any
proceeding allowed under ORS 199.464, it shall:
(a) Cause a study to be made of the proposal { + , including a
fiscal impact statement prepared in the manner described in
section 2 of this 2001 Act + }.
(b) Conduct one or more public hearings on the proposal.
(2) After the study and hearings, the boundary commission may
alter the boundaries set out in a petition for formation or a
minor boundary change of a city or district or in a petition for
consolidation of cities so as either to include or exclude
territory. If the commission determines that any land has been
improperly omitted from the proposal and that the owner of the
land has not appeared at the hearing, in person or by a
representative designated in writing, the commission shall
continue the hearing on the petition and shall order notice given
to the nonappearing owner requiring appearance of the owner
before the commission to show cause, if any, why the land should
not be included in the proposal. For minor boundary change
modifications, notice to nonappearing owners may be given by
personal service or by letter sent by first-class mail, at least
10 days prior to the date to which the hearing has been
continued. For major boundary change modifications, notice to
nonappearing owners may be given by personal service, by letter
sent by first-class mail or by a legal advertisement in a
newspaper of general circulation in the area at least 15 days
prior to the date to which the hearing has been continued. The
required notice may be waived by the nonappearing owner.
(3) After the study and hearings the boundary commission may
alter the application for extraterritorial sewer or water line
extensions to include or exclude line and connections thereto,
and may alter the application for formation of a privately owned
sewer or water system or allocation of territory to a community
water supply system to include or exclude territory. If the
commission determines that any land has been improperly omitted
from a proposal to form a private water or sewer system or
allocate territory to a community water system, or that any line
or connections have been improperly omitted from a proposal to
extend extraterritorially a water or sewer line, and that the
owner of the property to be included or to which the line is
being extended has not appeared at the hearing, in person or by a
representative designated in writing, the commission shall
continue the hearing on the proposal and shall order notice given
to the nonappearing owner requiring appearance of the owner
before the commission to show cause, if any, why the land or line
or connection should not be included in the proposal. Notice to
nonappearing owners may be given by personal service or by letter
sent by first-class mail, at least 10 days prior to the date to
which the hearing has been continued. The required notice may be
waived by the nonappearing owner.
(4) On the basis of the study and on the basis of the facts
presented at the hearing, the boundary commission shall approve
the proposed boundary change or application under ORS 199.464 as
presented or as modified by the commission or disapprove the
proposed change, by an order stating the reasons for the decision
of the commission. Jurisdiction for judicial review of such an
order is conferred upon the Court of Appeals. Except as provided
in ORS 183.315 (1), any person interested in a boundary change
may petition for judicial review of the order under ORS 183.482.
(5) Immediately after the effective date of a final order
entered under subsection (4) of this section and a proclamation
declaring a minor boundary change approved if any is entered
under ORS 199.505 (3), the commission shall file a copy of the
order and proclamation, if any, with the Secretary of State, the
Department of Revenue, the assessor and the county clerk of each
county in which the affected territory, city or district is
located, and the clerk of the affected city or district. If the
commission disapproves a minor boundary change, it shall send a
copy of the final order to the person who actually filed the
petition and to the affected city or district.
(6) Immediately after the effective date of a final order on an
application under ORS 199.464, the commission shall file a copy
of the order with the applicant, the Health Division, the
Department of Environmental Quality and the county planning
department.
SECTION 5. ORS 199.490 is amended to read:
199.490. (1) A proceeding for a minor boundary change other
than a transfer of territory may be initiated:
(a) By resolution of the governing body of the affected city or
district;
(b) By petition signed by 10 percent of the electors registered
in the affected territory;
(c) By petition signed by the owners of at least one-half the
land area in the affected territory;
(d) By resolution of a boundary commission having jurisdiction
of the affected territory; or
(e) When the minor boundary change is a withdrawal of a city
from a district, by resolution of the governing body of the city,
which shall be an affected city for the purposes of ORS 199.410
to 199.534.
(2)(a)(A) An annexation proceeding may also be initiated by a
resolution adopted by the governing body of the affected city or
district upon receiving consent to annex their land in writing
from more than half of the owners of land in the territory
proposed to be annexed, who also own more than half of the land
in the territory proposed to be annexed and of real property
therein representing more than half of the assessed value of all
real property in the territory proposed to be annexed.
(B) A resolution adopted by the governing body of the affected
city or district upon receiving written consent to annexation
from a majority of the electors registered in the territory
proposed to be annexed and written consent to the annexation of
their land from the owners of more than half the land in the
territory proposed to be annexed.
(b) However, before soliciting statements of consent for the
purpose of authorizing an annexation under a proceeding initiated
as provided by this subsection, the governing body of the
affected city or district shall file a notice of intent to annex
with the boundary commission having jurisdiction of the affected
territory. The notice of intent to annex shall name the affected
city or district and generally describe the boundaries of the
territory sought to be annexed, which territory must be
contiguous to the city or district or separated from it only by a
public right of way or a stream, bay, lake or other body of
water. The notice of intent to annex shall have attached to it a
county assessor's cadastral map showing the location of the
affected territory that the city or district proposes to annex.
(c) For the purpose of this subsection, consent need not be
obtained for any land in a public way included within or
contiguous to the territory proposed to be annexed. However, land
in such a public way shall, as determined by the commission, be
considered annexed to the affected city or district if the minor
boundary change is approved, regardless of the land's ownership,
size or assessed valuation.
(d) For the purpose of this subsection, consent need not be
obtained for any real property that is publicly owned, is the
right of way for a public utility, telecommunications utility or
railroad or is exempt from ad valorem taxation unless the owner
of such property files a statement consenting to or opposing
annexation with the legislative body of the annexing city or
district on or before the date the city or district adopts the
resolution required by paragraph (a) of this subsection.
(e) As used in this subsection, 'owner' has the additional
meaning given that term in ORS 222.120 (7).
(3) A transfer of territory proceeding may be initiated:
(a) By joint resolution of the governing bodies of the affected
districts or cities;
(b) By petition signed by 10 percent of the electors registered
in the affected territory;
(c) By petition signed by the owners of at least one-half the
land area in the affected territory; or
(d) By resolution of a boundary commission having jurisdiction
of the affected territory.
(4) The petition or resolution shall:
(a) Name the affected city or district and state whether it is
proposed to annex, withdraw or transfer territory;
(b) Describe the boundaries of the affected territory;
(c) If the proposal concerns a district, designate the
applicable principal Act;
(d) Have attached a county assessor's cadastral map showing the
location of the affected territory; and
(e) Be filed with the boundary commission having jurisdiction
of the affected territory.
(5) When a city annexation is initiated:
(a) As provided by ORS 222.750 the petition proposing the
annexation shall be filed with the boundary commission having
jurisdiction of the annexation.
(b) As provided by ORS 222.840 to 222.915, the findings adopted
by the Assistant Director for Health under ORS 222.880 shall be
considered the initiatory action and a certified copy of the
findings shall be filed with the boundary commission having
jurisdiction of the annexation, at the same time a copy of the
finding is filed with the affected city.
(6) Except when a boundary change is initiated by an affected
city or district under subsection (1), (2), (3) or (5) of this
section or by the Assistant Director for Health as provided by
subsection (5)(b) of this section, the boundary commission shall
notify the affected city or district that a petition has been
filed or that the commission has adopted a resolution. If the
petition complies with the requirements of the applicable
statutes, the commission shall proceed as provided by ORS 199.460
to 199.463 and 199.490 to 199.519.
{ + (7) After a petition, resolution or application is filed
with the commission, the commission shall create a fiscal impact
statement in the manner described in section 2 of this 2001 Act
and, within 30 days from the date of filing, publish the
statement, including in electronic form. + }
{ - (7) - } { + (8) + } Unless the parties appearing at a
hearing for a minor boundary change or application under ORS
199.464 agree to a postponement of the adoption of a final order,
a final order approving or disapproving a minor boundary change
must be adopted within 90 days after the date the petition,
resolution or application is filed with the commission. If a
final order approving or disapproving a minor boundary change is
not adopted within 90 days after the petition, resolution or
application is filed or within the period of postponement, the
petition, resolution or application shall be considered approved
by the commission. A postponement shall not be for a period
exceeding one year from the date the petition, resolution or
application initiating the proposal is filed with the commission.
SECTION 6. ORS 202.040 is amended to read:
202.040. (1) In case the petition provided for in ORS 202.020
is for a change in the boundaries of existing counties, but not
for the elimination of any then existing county, the county
courts of the counties concerned shall appoint two commissioners
each to act with the commissioners of the other counties and
arrange the terms in respect to assumption of liabilities and
division of assets among the counties concerned, upon which such
change shall be made.
{ + (2) The commissioners shall jointly create a fiscal
impact statement of the proposed changes. The fiscal impact
statement shall be prepared in the manner described in section 2
of this 2001 Act and shall be published, including in electronic
form, at least 14 days prior to an election conducted pursuant to
ORS 202.030. The proposed changes are void if the fiscal impact
statement is not published within this time period. + }
{ - (2) - } { + (3) + } If within 30 days after the
appointment of the commissioners they have not agreed upon terms,
the Governor, upon request of the county court of any county
concerned, shall appoint commissioners equal in number to
one-half the commissioners already appointed by the counties, who
shall meet with such commissioners and draft terms.
{ - (3) - } { + (4) + } Within 60 days thereafter a
majority of the commissioners may report to respective county
courts a plan for division, which, in addition to the matters
mentioned in subsection (1) of this section, may define the
territory embraced in the proposed changes.
{ - (4) - } { + (5) + } When made within such time the plan
shall be reported by the commissioners to the respective county
courts, and if approved by a vote, as provided in ORS 202.030 and
202.060, it shall become a compact between and among such
counties, binding upon all.
SECTION 7. { + The amendments to ORS 199.490 by section 5 of
this 2001 Act apply to an election required under ORS 202.030
that is conducted on or after the effective date of this 2001
Act. + }
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