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 Enrolled Senate Bill 1031 (SB 1031-A) Page 3