74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 615
Sponsored by COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
CHAPTER ................
AN ACT
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
Enrolled Senate Bill 615 (SB 615-INTRO) Page 1
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
Enrolled Senate Bill 615 (SB 615-INTRO) Page 2
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. + }
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Passed by Senate April 3, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 10, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 615 (SB 615-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 615 (SB 615-INTRO) Page 4