Bill Text: OR HB2028 | 2013 | Regular Session | Engrossed

Oregon House Bill 2028 (Prior Session Legislation)

OR State Legislature page for HB2028

Bill Title: Relating to consent to annexation for extraterritorial service; prescribing an effective date.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2028 Detail]

Download: Oregon-2013-HB2028-Engrossed.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2636

                           A-Engrossed

                         House Bill 2028
                  Ordered by the House April 24
            Including House Amendments dated April 24

Sponsored by Representative CLEM (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Prohibits city or district from requiring consent by
landowner to eventual annexation in exchange for providing
extraterritorial service when city or district is providing
service on behalf of another local government pursuant to
intergovernmental agreement. - }
    { - Declares consent by landowner to annexation obtained by
city or district prior to effective date of Act void if consent
was demanded for service provided outside boundaries of city or
district on behalf of another local government pursuant to
intergovernmental agreement. - }
    { - Clarifies language authorizing city or district to
require consent to eventual annexation in exchange for providing
extraterritorial service to landowner. - }
   { +  Authorizes district or city to require consent to
eventual annexation of property before providing extraterritorial
service to property. Creates exception if extraterritorial
service is provided pursuant to certain intergovernmental
agreements, if consent is not requirement of intergovernmental
agreement or of comprehensive plan adopted for area in which
property is situated and if extraterritorial service is service
other than water service, sewer service, storm water service,
constructing first paved access to property or service provided
by municipal electric utility. + }
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to consent to annexation for extraterritorial service;
  amending ORS 198.869 and 222.115; and prescribing an effective
  date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 198.869 is amended to read:
  198.869.  { + (1) As used in this section, 'extraterritorial
service' means a service provided by:
  (a) A district in an area outside the district's boundaries; or
  (b) A municipal electric utility as defined in ORS 757.600
outside the incorporated boundaries of the city that owns and
operates the utility or on whose behalf the utility is owned and
operated.
  (2) Except as provided in subsection (3) of this section, a
district may require a landowner to consent to eventual
annexation of property before providing an extraterritorial
service to the property.
  (3) A district may not require a landowner to consent to
eventual annexation before providing an extraterritorial service
if:
  (a) The extraterritorial service is provided to the landowner's
property pursuant to an intergovernmental agreement described in
ORS 190.010 with a county;
  (b) The contract containing the landowner's consent to eventual
annexation is not a requirement of the intergovernmental
agreement with the county or the comprehensive plan adopted for
the area in which the property is situated; and
  (c) The extraterritorial service is a service other than water
service, sewer service, storm water service, constructing a road
or street to provide the first paved access to a landowner's
property or service provided by a municipal electric utility.
  (4) + } A contract between a district and a landowner
 { - relating to extraterritorial provision of service and
consent to eventual annexation of property of the landowner
shall - }   { + containing a landowner's consent to eventual
annexation in return for extraterritorial service:
  (a) Must + } be recorded { + ; + } and  { - , - }
   { +  (b) + } When recorded,   { - shall be binding on all
successors with an - }   { + is binding on successors in + }
interest in   { - that - }   { + the + } property.
  SECTION 2. ORS 222.115, as amended by sections 1 and 2, chapter
46, Oregon Laws 2012, is amended to read:
  222.115. { +  (1) As used in this section, 'extraterritorial
service' means a service provided by:
  (a) A city in an area outside the city's incorporated
boundaries; or
  (b) A municipal electric utility as defined in ORS 757.600
outside the incorporated boundaries of the city that owns and
operates the utility or on whose behalf the utility is owned and
operated.
  (2) Except as provided in subsection (3) of this section, a
city may require a landowner to consent to eventual annexation of
property before providing an extraterritorial service to the
property.
  (3) A city may not require a landowner to consent to eventual
annexation before providing an extraterritorial service if:
  (a) The extraterritorial service is provided to the landowner's
property pursuant to an intergovernmental agreement described in
ORS 190.010 with another local government as defined in ORS
174.116;
  (b) The contract containing the landowner's consent to eventual
annexation is not a requirement of the intergovernmental
agreement with the other local government or the comprehensive
plan adopted for the area in which the property is situated; and
  (c) The extraterritorial service is a service other than water
service, sewer service, storm water service, constructing a road
or street to provide the first paved access to a landowner's
property or service provided by a municipal electric utility.
  (4) + } A contract between a city and a landowner containing
the landowner's consent to eventual annexation of the landowner's
property in return for extraterritorial   { - services - }  { +
service + }:
    { - (1) - }  { +  (a) + } Must be recorded; and
    { - (2) - }  { +  (b) + } When recorded, is binding on
successors in interest in   { - that - }   { + the + } property.
  SECTION 3.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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