72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2118
A-Engrossed
House Bill 2857
Ordered by the House May 23
Including House Amendments dated May 23
Sponsored by Representatives GILMAN, BATES; Representatives
ACKERMAN, BEYER, HANSEN, HASS, HOPSON, JENSON, KNOPP, KROPF,
KRUSE, MABREY, MARCH, PATRIDGE, RICHARDSON, SHETTERLY
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.
Modifies time frame for property owner in { - district - }
{ + Rogue Valley Transportation District + } to petition for
withdrawal from special districts { - generally and from mass
transit districts - } .
{ - Removes limitation on - } { + Limits + } discretion of
county board to consider petition for withdrawal from special
district.
A BILL FOR AN ACT
Relating to withdrawal of territory from district; amending ORS
198.870, 267.250 and 267.253.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 198.870 is amended to read:
198.870. (1)(a) When a plan for district improvements is
adopted, or any time more than two years after the date of
formation of a district or after the date of annexation of
territory to a district if petitioner's property is located
within the territory annexed, an owner of land included in a
district may petition the county board for withdrawal of the
property of the owner from the district.
(b) If the electors of an area within a district wish to
withdraw from the district, they may file a petition with the
county board.
(2) Petitioners shall cause notice of the petition filing to be
given in writing to the district secretary. Within five days
after the petition is filed, petitioners shall furnish the
secretary with a copy of the petition as filed.
(3) Except as provided by ORS 198.875, ORS 198.800 to 198.820
apply to proceedings for withdrawal and to the rights, powers and
duties of the petitioners and other persons having an interest in
the proceeding.
{ - (4) The county board may approve the petition as
presented or it may adjust the boundaries and approve the
petition. The petition shall be approved if it has not been, or
is not or would not be, feasible for the territory described in
the petition to receive service from the district. The petition
shall be denied if it appears that it is, or would be, feasible
for the territory described in the petition to receive service
from the district. - }
{ + (4) The county board shall approve the petition if the
district board has approved a resolution to withdraw the
territory from the district. + }
SECTION 2. ORS 267.250 is amended to read:
267.250. As used in ORS 267.250 to 267.263:
(1) 'Affected area' means { + :
(a) + } A contiguous area of not less than one square mile in
which 200 or more district electors reside and which is within
the boundaries of a district, but is outside the boundaries of
any city with a population exceeding 10,000 { + persons + }.
However, the term does not include an area if the withdrawal of
that area from the district results in the district having two or
more noncontiguous parts { + ; or
(b) All or part of a city with a population of fewer than
10,000 persons if the city or part of the city does not receive
direct service from the district + }.
(2) 'Direct service,' with respect to an affected area
described in a petition filed under ORS 267.253, means the
location or placement of any of the facilities of the district or
of any route used by the transit system of the district within
one mile of any boundary of the affected area.
SECTION 3. ORS 267.253 is amended to read:
267.253. (1) If the electors of an affected area wish to
withdraw from a district, they may file a petition for withdrawal
with the district board at the times and in the manner provided
for in this section. However, if the formation of the district
was initiated under ORS 267.107, the petition for withdrawal may
not include any area within the urban growth boundary described
in ORS 267.114.
(2) { + Except as provided in subsection (3) of this
section, + } a petition for withdrawal under this section may be
filed only during the period from January 1 to August 30 in
calendar year 2001 and in every fifth calendar year thereafter.
{ + (3) A petition for withdrawal under this section of an
affected area within the territorial boundaries of a mass transit
district providing mass transit services in the Rogue Valley may
be filed at any time. + }
{ - (3) - } { + (4) + } A petition for withdrawal under
this section shall be signed by not less than 15 percent of the
electors registered in the affected area described in the
petition.
{ - (4) - } { + (5) + } A petition filed under this section
shall contain substantially the following:
(a) A statement that the petition is filed pursuant to ORS
267.250 to 267.263;
(b) The names of the district and all affected counties; and
(c) A request that proceedings be commenced for the withdrawal
of the affected area from the district.
{ - (5) - } { + (6) + } There shall be attached to the
petition a map which clearly and precisely shows the exterior
boundaries of the affected area by reference to prominent
landmarks such as streets, highways, rivers or the boundaries of
cities and counties. The map shall be used in lieu of a metes and
bounds or legal description of the affected area.
{ - (6) - } { + (7) + } The district board, within five
days after receiving a petition filed under this section which
conforms to the requirements of this section, shall file the
petition with the county clerk of each county in which any part
of the affected area is located for signature verification.
----------