Chapter 26
Oregon Laws 2011
AN ACT
SB 48
Relating to
boundary changes within metropolitan service districts; creating new
provisions; and amending ORS 268.351 and 268.354.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 268.351 is amended to
read:
268.351. (1) As used in ORS
268.347 and 268.354, “boundary change” means a major boundary change or a minor
boundary change, as those terms are defined in ORS 199.415.
(2) For the purpose of applying the
definitions of “major boundary change” and “minor boundary change” to ORS
268.347 and 268.354, “district,” as used in those definitions, means a:
(a) Domestic water supply district
organized under ORS chapter 264.
(b) Park and recreation district
organized under ORS chapter 266.
(c) Metropolitan service district
organized under ORS chapter 268.
(d) Sanitary district organized under
ORS 450.005 to 450.245.
(e) Sanitary authority, water
authority or joint water and sanitary authority organized under ORS 450.600 to
450.989.
(f) District formed under ORS 451.410
to 451.610 to provide water or sanitary service.
SECTION 2. 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
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.
(c) Establish clear and objective
criteria 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.
(3) The role of a metropolitan service
district in the boundary determination process shall be ministerial only.
(4) Except as provided in this section
and ORS 268.347 and 268.351, for a boundary change subject to the jurisdiction
of the metropolitan service district:
(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, and for all other changes to the boundaries of a
district, shall be conducted as provided in ORS chapter 198. Notwithstanding
ORS 268.020, as used in this paragraph, “district” [means a special district as defined in ORS 197.015] has the
meaning given that term in ORS 268.351.
(c) Proceedings for annexation of
territory to the metropolitan service district, including annexation of
territory not within the urban growth boundary of the district, and for all
other changes to the boundaries of the district shall be conducted as provided
in ORS chapter 198.
(d) Notwithstanding contrary
provisions regarding the party responsible for conducting hearings under ORS
chapter 198, the metropolitan service district is the governing body
responsible for conducting proceedings for a minor boundary change to the
district. Except for a change to the district boundary by adoption of an urban
growth boundary under ORS 268.390, proceedings for a minor boundary change to
the boundaries of a district shall be conducted as provided in ORS chapter 198.
SECTION 3. The amendments to ORS
268.351 and 268.354 by sections 1 and 2 of this 2011 Act apply to boundary
changes that are approved by metropolitan service districts on and after the
effective date of this 2011 Act.
Approved by
the Governor May 16, 2011
Filed in the
office of Secretary of State May 17, 2011
Effective date
January 1, 2012
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