Bill Text: OR SB773 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to consent to annexation for extraterritorial service; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB773 Detail]

Download: Oregon-2013-SB773-Introduced.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 2007

                         Senate Bill 773

Sponsored by COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC
  DEVELOPMENT

                             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 as
introduced.

  Prohibits city or district from requiring landowner to consent
to eventual annexation in exchange for continuation of
extraterritorial service originally provided to landowner or
predecessor in interest of landowner without requiring consent to
annexation. Prohibits city or district from requiring consent to
annexation solely because of change in name of payor on service
account or change of address of payor.
  Limits to five years period during which separate written
agreement may be effective for purpose of authorizing annexation.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to consent to annexation for extraterritorial service;
  creating new provisions; amending ORS 198.869, 222.115 and
  222.173; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 222.115, as amended by sections 1 and 2, chapter
46, Oregon Laws 2012, is amended to read:
  222.115.  { + (1) A city may require a landowner to consent to
eventual annexation before providing a new or additional
extraterritorial water, sewer or electric utility service.
  (2) + } 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:
    { - (1) - }   { + (a) + } Must be recorded; and
    { - (2) - }   { + (b) + } When recorded, is binding on
successors in interest in   { - that - }   { + the + } property.
   { +  (3)(a) A city may not require a landowner to consent to
eventual annexation in exchange for continuation of an
extraterritorial service that the city originally provided to the
landowner or a predecessor in interest in the property without
requiring consent to eventual annexation, including a service
that is temporarily discontinued for a period of one year or
less.
  (b) A consent to eventual annexation that was required by a
city prior to the effective date of this 2013 Act is void if the
city required the consent in exchange for a continuation of an
extraterritorial service that the city began providing to the
landowner or to a predecessor in interest in the property without
requiring consent to eventual annexation.
  (4) A city may not require a landowner to consent to eventual
annexation solely because of a change in the name or address of
the payor on the account for an extraterritorial service. + }
  SECTION 2. ORS 198.869 is amended to read:
  198.869.  { + (1) A district may require a landowner to consent
to eventual annexation before providing a new or additional
extraterritorial water, sewer or electric utility service.
  (2) + } 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 the landowner's consent to eventual
annexation of the landowner's property in return for
extraterritorial services:
  (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.
   { +  (3)(a) A district may not require a landowner to consent
to eventual annexation in exchange for continuation of an
extraterritorial service that the district originally provided to
the landowner or a predecessor in interest in the property
without requiring consent to eventual annexation, including a
service that is temporarily discontinued for a period of one year
or less.
  (b) A consent to eventual annexation that was required by a
district prior to the effective date of this 2013 Act is void if
the district required the consent in exchange for a continuation
of an extraterritorial service that the district began providing
to the landowner or to a predecessor in interest in the property
without requiring consent to eventual annexation.
  (4) A district may not require a landowner to consent to
eventual annexation solely because of a change in the name or
address of the payor on the account for an extraterritorial
service. + }
  SECTION 3. ORS 222.173 is amended to read:
  222.173. (1) For the purpose of authorizing an annexation under
ORS 222.170 or under a proceeding initiated as provided by ORS
199.490 (2), only statements of consent to annexation
 { - which - }  { + that + } are filed within any one-year period
shall be effective, unless a separate written agreement
 { - waiving the one-year period or - }  prescribing   { - some
other - }   { + another + } period of time { + , not to exceed
five years, + } has been entered into between an owner of land or
an elector and the city.
  (2) Statements of consent to annexation filed with the
legislative body of the city by electors and owners of land under
ORS 222.170 are public records under ORS 192.410 to 192.505.
  SECTION 4. { +  Except as otherwise expressly provided in ORS
198.869 (3)(b) and 222.115 (3)(b) as amended by sections 1 and 2
of this 2013 Act, the amendments to ORS 198.869, 222.115 and
222.173 by sections 1 to 3 of this 2013 Act apply to annexations
that are not final on the effective date of this 2013 Act. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
                         ----------