70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session


                            Enrolled

                        Senate Bill 1031

Sponsored by Senator QUTUB (at the request of Metro)


                     CHAPTER ................


                             AN ACT


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



Enrolled Senate Bill 1031 (SB 1031-A)                      Page 1



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. + }
                         ----------


Passed by Senate April 23, 1999

Repassed by Senate May 25, 1999


      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House May 20, 1999


      ...........................................................
                                                 Speaker of House


























Enrolled Senate Bill 1031 (SB 1031-A)                      Page 2





Received by Governor:

......M.,............., 1999

Approved:

......M.,............., 1999


      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 1999


      ...........................................................
                                               Secretary of State









































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