Chapter 282 Oregon Laws 1999
Session Law
AN ACT
SB 1031
Relating to metropolitan
service districts; creating new provisions; amending ORS 268.354; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 268.354 is amended to read:
268.354. (1) In addition to the requirements established by ORS
chapters 198, 221 and 222 for 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.
(d) All boundary change decisions shall be subject to 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 and urban service agreements adopted pursuant to
ORS chapter 195 and the regional framework plan of the district.
(2) Except for contested cases, the role of a metropolitan
service district in the boundary determination process shall be ministerial
only.
(3) Except as provided in this section, ORS 268.351 and section
11, chapter 516, Oregon Laws 1997, within the area in which 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; [and]
(b) Proceedings for annexation of territory to a district,
including the metropolitan service district, and for all other changes in
district boundaries, including the boundaries of a metropolitan service
district, shall be conducted as provided in ORS chapter 198[.];
and
(c) Notwithstanding any
provision of ORS chapter 198, the metropolitan service district shall be the
governing body responsible for conducting proceedings for minor boundary
changes to the metropolitan service district. Proceedings for minor changes to
the boundaries of a metropolitan service district shall be conducted as
provided in ORS chapter 198.
SECTION 2. On the effective date of this 1999 Act, any
proceeding for a minor boundary change to the metropolitan service district
under consideration by a principal county shall be transferred to the
metropolitan service district for proceedings under ORS 268.354.
SECTION 3. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
June 18, 1999
Filed in the office of Secretary
of State June 18, 1999
Effective date June 18, 1999
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