Chapter 173 Oregon Laws 2007
AN ACT
SB 615
Relating to boundary changes within metropolitan service districts;
creating new provisions; and amending ORS 268.320, 268.347, 268.351 and
268.354.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 268.347 is amended to read:
268.347. (1)
Notwithstanding contrary provisions regarding jurisdiction under ORS
chapters 198, 221 and 222, a metropolitan service district [may] shall exercise jurisdiction
[over boundary changes under ORS 268.351
and 268.354], as provided in this section and ORS 268.351 and 268.354,
over a boundary change 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 2.
ORS 268.351 is amended to read:
268.351. As used in ORS 268.347
and 268.354, [unless the context
requires otherwise:]
[(1)] “boundary change” means a major boundary change or a minor
boundary change, as those terms are defined in ORS 199.415.
[(2) “Contested case” means a boundary change decision that is contested
or otherwise challenged by a city, county or special district.]
SECTION 3.
ORS 268.354 is amended to read:
268.354. (1) In addition
to the requirements established by ORS chapters 198, 221 and 222 for a
boundary [changes, boundary changes
within a metropolitan service district are subject to the requirements
established by the district. The requirements established by a metropolitan
service district shall be developed in consultation with the Metro Policy
Advisory Committee and the district council. The requirements established by a
district shall include the following:]
[(a) Boundary changes shall be subject to a uniform hearing and
notification process adopted by the district.]
[(b) The district shall establish an expedited process for uncontested
boundary changes.]
[(c) Contested cases shall be subject to appeal to a three-person
commission established by the district with further appeals as provided by law.
The district council shall appoint the members of the commission from a list of
nominees provided by Clackamas, Multnomah and Washington Counties, with one
member appointed from the nominees provided by each county.] change, a
metropolitan service district, in consultation with the Metro Policy Advisory
Committee, may establish requirements for a boundary change that is subject to
the jurisdiction of the district pursuant to ORS 268.347.
(2) For a boundary
change that is subject to the jurisdiction of the district pursuant to ORS
268.347, the district shall:
(a) Establish a uniform
hearing and notification process.
(b) Establish an
expedited process for uncontested boundary changes.
[(d)] (c) [All boundary
change decisions shall be subject to] Establish clear and objective
criteria [established by the district
including, but not limited to, compliance with the adopted regional urban
growth goals and objectives, functional plans, cooperative] for a
boundary change.
(d) Ensure that a
boundary change is in compliance with the Metro regional framework plan, as
defined in ORS 197.015, and cooperative agreements and urban service agreements adopted
pursuant to ORS chapter 195 [and the
regional framework plan of the district].
[(2)] (3) [Except for
contested cases,] The role of a metropolitan service district in the
boundary determination process shall be ministerial only.
[(3)] (4) Except as provided in this section and ORS 268.347
and 268.351, [within the area in
which] for a boundary change subject to the jurisdiction of the
metropolitan service district [may
exercise jurisdiction over boundary changes]:
(a) Proceedings for
annexation of territory to a city and for all other changes in city boundaries
shall be conducted as provided in ORS chapter 222;
(b) Proceedings for
annexation of territory to a district, including the metropolitan service
district, and for all other changes [in]
to the boundaries of a district [boundaries],
including the boundaries of [a] the
metropolitan service district, shall be conducted as provided in ORS chapter
198; and
(c) Notwithstanding [any provision of] contrary provisions
regarding the party responsible for conducting hearings under ORS chapter
198, the metropolitan service district [shall
be] is the governing body responsible for conducting proceedings for
a minor boundary [changes] change
to the metropolitan service district. Proceedings for a minor [changes] boundary change to the
boundaries of a metropolitan service district shall be conducted as provided in
ORS chapter 198.
SECTION 4.
ORS 268.320 is amended to read:
268.320. [(1)] Subject to the provisions of a
district charter, the electors of a district may, from time to time, and in
exercise of their power of the initiative, or by approving a proposition
referred to them by the governing body of the district, authorize the district
to assume additional functions.
[(2) When authorized to implement the results of a study of a boundary
commission formed within the metropolitan area under ORS 199.410 to 199.519, a
district may, subject to the provisions of ORS 268.351 and 268.354, adopt an
ordinance exercising jurisdiction over a boundary change, as defined in ORS
268.351, otherwise authorized under ORS chapters 198, 221 and 222.]
SECTION 5. The
amendments to ORS 268.320, 268.347, 268.351 and 268.354 by sections 1 to 4 of
this 2007 Act apply to boundary changes that are approved by metropolitan
service districts on or after the effective date of this 2007 Act.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date January 1, 2008
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