75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
House Bill 3617
Sponsored by Representative HUNT; Representatives BARKER,
BARNHART, BOONE, BUCKLEY, CLEM, DEMBROW, DOHERTY, FREDERICK,
GARRETT, GREENLICK, HARKER, HOLVEY, KAHL, KOMP, READ, ROBLAN, J
SMITH, STIEGLER, TOMEI, VANORMAN, Senator SCHRADER (Presession
filed.)
CHAPTER ................
AN ACT
Relating to local government provision of services; amending ORS
221.031, 222.510 and 451.585; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 222.510 is amended to read:
222.510. { + (1) + } Whenever the entire area of a rural fire
protection district, a water district, including a domestic water
supply corporation, a park and recreation district, a highway
lighting district, a county service district, a special road
district, { + a + } road assessment district or a sanitary
district or authority, lawfully organized and existing, becomes
incorporated in or annexed to a city in accordance with law, the
district is extinguished and the city shall, upon the effective
date of the incorporation or annexation, succeed to all the
assets and become charged with all the liabilities, obligations
and functions of the district. The district officers shall
forthwith deliver to the city officers the district assets and
records. Uncollected taxes theretofore levied by the district
become the property of the city and must be delivered to it by
the county treasurer upon collection.
{ + (2) Notwithstanding subsection (1) of this section, a
rural fire protection district, a water district, including a
domestic water supply corporation, a park and recreation
district, a highway lighting district, a county service district,
a special road district, a road assessment district or a sanitary
district or authority, lawfully organized and existing, the
entire area of which becomes incorporated in a city, may continue
to provide services if the continuation is proposed by
petitioners in a petition for incorporation that is subsequently
approved by voters in an incorporation election. At any time
after incorporation, a city may cause a district to be
extinguished and succeed to all the assets and become charged
with all the liabilities, obligations and functions of the
district if:
(a) The governing body of the city holds a public hearing on
the question of the extinguishment, hears objections to the
extinguishment at the hearing, determines that the extinguishment
is in the best interest of the city and adopts an ordinance
extinguishing the district;
Enrolled House Bill 3617 (HB 3617-B) Page 1
(b) After the hearing, the governing body of the city refers
the ordinance extinguishing the district to the electors of the
city; and
(c) The majority of all votes cast favors that the district be
extinguished.
(3) For the public hearing required in subsection (2)(a) of
this section, the governing body shall fix a date, time and place
for the hearing and cause notice of the date, time, place and
purpose of the hearing to be published once each week for two
successive weeks prior to the date of the hearing in a newspaper
of general circulation in the city, and shall cause notices of
the hearing to be posted in four public places in the city for a
like period. + }
SECTION 2. ORS 221.031 is amended to read:
221.031. (1) Before circulating a petition to incorporate
unincorporated territory as a city, the petitioners shall file a
petition for incorporation in a form prescribed by rule of the
Secretary of State with:
(a) The county clerk of the county in which the proposed city
lies; or
(b) If the proposed city lies in more than one county, the
county clerk of the county in which the largest part of its
territory lies.
(2) The county clerk shall immediately date and time stamp the
prospective petition and shall authorize the circulation of the
petition when the economic feasibility statement required by ORS
221.035 is filed with the county clerk. The county clerk shall
retain the prospective petition and economic feasibility
statement and shall immediately send two copies of the
prospective petition to the appropriate county court.
(3) { + (a) + } A petition for incorporation filed with the
county clerk under subsection (1) of this section shall designate
the name and residence address of not more than three persons as
chief petitioners, who shall be electors registered within the
boundaries of the proposed city.
{ + (b) + } The petition shall contain the name of the
proposed city.
{ + (c) + } The petition shall { - also - } include a
proposed permanent rate limit for operating taxes that would
generate operating tax revenues sufficient to support an adequate
level of municipal services. The tax rate limit shall be
expressed in dollars per thousand dollars of assessed value. The
tax rate limit shall be calculated for the latest tax year for
which the assessed value of the proposed city is available.
{ + (d) + } There shall be attached to the cover sheet of the
petition a map indicating the exterior boundaries of the proposed
city. The map shall not exceed 14 inches by 17 inches in size and
shall be used in lieu of a metes and bounds or legal description
of the proposed city.
{ + (e) + } If the territory proposed to be incorporated is
within the jurisdiction of a local government boundary
commission, the petition shall be accompanied by the economic
feasibility analysis required under ORS 199.476 (1).
Notwithstanding subsection (2) of this section, unless the
economic feasibility analysis is approved by the local government
boundary commission as provided in ORS 199.522, the county clerk
shall not authorize the circulation of the petition.
{ + (f) If the petitioners propose not to extinguish a
special district pursuant to ORS 222.510 (2) or a county service
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district pursuant to ORS 451.585 (1), the petition shall include
a statement of this proposal. + }
(4) Each sheet of signatures shall be attached to a full and
correct copy of the petition for incorporation. Not more than 20
signatures on each sheet of the petition for incorporation shall
be counted. The circulator shall certify on each signature sheet
that the circulator witnessed the signing of the signature sheet
by each individual whose signature appears on the signature sheet
and that the circulator believes each individual is an elector
registered in the county. If the territory proposed to be
incorporated is within the jurisdiction of a local government
boundary commission, each signature sheet shall contain a
statement that the economic feasibility analysis for the proposed
city was approved by the boundary commission, that the analysis
is available for inspection at the offices of the boundary
commission and that subsequent to the gathering of the petitions
the boundary commission must review and finally approve the
proposal prior to submission at an election.
SECTION 3. ORS 451.585 is amended to read:
451.585. (1) Whenever the entire area of a district is
incorporated in or annexed to a city in accordance with law, the
district shall be extinguished and the city shall upon the
effective date of such annexation succeed to all the assets and
become charged with all the liabilities, obligations and
functions of the district. The district officers shall forthwith
deliver to the city officers the district assets and records.
Uncollected taxes theretofore levied by such district shall
become the property of the city and be delivered to it by the
county treasurer upon collection.
{ + (2) Notwithstanding subsection (1) of this section, a
district, the entire area of which becomes incorporated in a
city, may continue to provide services if the continuation is
proposed by petitioners in a petition for incorporation that is
subsequently approved by voters in an incorporation election. At
any time after incorporation, a city may cause a district to be
extinguished and succeed to all the assets and become charged
with all the liabilities, obligations and functions of the
district if:
(a) The governing body of the city holds a public hearing on
the question of the extinguishment, hears objections to the
extinguishment at the hearing, determines that the extinguishment
is in the best interest of the city and adopts an ordinance
extinguishing the district;
(b) After the hearing, the governing body of the city refers
the ordinance extinguishing the district to the electors of the
city; and
(c) The majority of all votes cast favors that the district be
extinguished.
(3) For the public hearing required in subsection (2)(a) of
this section, the governing body shall fix a date, time and place
for the hearing and cause notice of the date, time, place and
purpose of the hearing to be published once each week for two
successive weeks prior to the date of the hearing in a newspaper
of general circulation in the city, and shall cause notices of
the hearing to be posted in four public places in the city for a
like period. + }
{ - (2) - } { + (4) + } Whenever a part less than the whole
of a district becomes incorporated in or annexed to a city in
accordance with law, the city may at any time after such
incorporation or annexation cause that part to be withdrawn from
Enrolled House Bill 3617 (HB 3617-B) Page 3
such district in the manner set forth in ORS 222.524, and the
provisions of ORS 222.510 to 222.580 shall be applicable to such
withdrawal except that in case the district and the city cannot
agree upon a division of assets or obligations and liabilities,
then and in such case, either the district or the city may
petition the circuit court for the county in which the city has
its legal situs to determine such division. { + + }
SECTION 4. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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Enrolled House Bill 3617 (HB 3617-B) Page 4
Passed by House February 12, 2010
Repassed by House February 23, 2010
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 20, 2010
...........................................................
President of Senate
Enrolled House Bill 3617 (HB 3617-B) Page 5
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled House Bill 3617 (HB 3617-B) Page 6