Bill Text: OR SB825 | 2013 | Regular Session | Introduced

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Bill Title: Relating to urban services; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB825 Detail]

Download: Oregon-2013-SB825-Introduced.html

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     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 3755

                         Senate Bill 825

Sponsored by Senator KNOPP

                             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.

  Authorizes owner of real property that is located within urban
growth boundary of metropolitan service district and, due to
certain impediments, not provided with sanitary sewer or water
services to cause public or private provider of sanitary sewer
and water services to connect service facilities and serve
property if owner pays all costs to connect and deliver service.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to urban services; creating new provisions; amending ORS
  195.060, 195.065 and 221.034; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 195.065 to 195.085. + }
  SECTION 2.  { + (1) For a lawfully established unit of land
located entirely within the urban growth boundary of a
metropolitan service district, if the service provider cannot
provide sanitary sewer or water services to the established unit
of land, though the established unit of land is located in the
service area of the provider as identified in the applicable
urban service agreement, the owner of the lawfully established
unit of land may cause another service provider to connect the
established unit of land to the facilities of the other provider.
For purposes of this section, a service provider cannot provide
service to the lawfully established unit of land if the service
provider:
  (a) Is unwilling to provide sanitary sewer or water services to
the lawfully established unit of land; or
  (b) Is willing to provide the services but cannot provide the
services due to a legal or topographic impediment or due to a
lack of planned capacity or infrastructure.
  (2) If the lawfully established unit of land located entirely
within the urban growth boundary of a metropolitan service
district is not within a service area identified in the
applicable urban service agreement, the owner may select and
cause a service provider to provide sanitary sewer or water
services if the provider has adequate capacity to provide the
services and maintain adequate service levels in the provider's
service area.
  (3) A service provider may charge to the owner all costs
incurred to connect the lawfully established unit of land to the
service facilities and to deliver the sanitary sewer or water
services pursuant to this section.
  (4) If the owner is unable to make arrangements with a service
provider through direct negotiations, the owner may petition the
county and the county shall initiate:
  (a) The process described in ORS 195.065 for review and
modification of the urban service agreement solely for the
purpose of addressing the service needs of the owner's lawfully
established unit of land; or
  (b) A substantially similar, but abbreviated, process
established by ordinance of the county for that purpose.
  (5) When an urban service is provided pursuant to this section:
  (a) Notwithstanding contrary provisions of an annexation plan
described in ORS 195.205, a city or district that provides
services pursuant to this section may require the owner to waive
remonstrance, agree to annexation or petition for annexation.
  (b) The urban service agreement must be modified to reflect the
adjusted service areas under the agreement.
  (c) Contrary provisions of an annexation plan prepared under
ORS 195.205 must be modified to conform to the modified urban
service agreement.
  (6)(a) If a city provides sanitary sewer or water services
pursuant to this section, the city may exercise land use planning
and zoning authority for the lawfully established unit of land
under ORS chapters 195, 196 and 197.
  (b) A city that exercises land use planning and zoning
authority pursuant to this subsection may impose and collect
system development charges from the owner pursuant to ORS 223.297
to 223.314. + }
  SECTION 3. ORS 195.060 is amended to read:
  195.060. As used in ORS 195.020, 195.065 to 195.085 and
197.005, unless the context requires otherwise:
  (1) 'District' has the meaning given that term in ORS 198.010.
In addition, the term includes a county service district
organized under ORS chapter 451.
   { +  (2) 'Lawfully established unit of land' has the meaning
given that term in ORS 92.010.
  (3) 'Provider' or 'service provider' means units of local
government, as defined in ORS 190.003, and districts that provide
an urban service to an area within an urban growth boundary that
has a population greater than 2,500 persons. + }
    { - (2) - }   { + (4) + } 'Urban growth boundary' means an
acknowledged urban growth boundary contained in a city or county
comprehensive plan or an acknowledged urban growth boundary that
has been adopted by a metropolitan service district council under
ORS 268.390 (3).
    { - (3) - }   { + (5) + } 'Urban service'   { - has the
meaning given that term in ORS 195.065. - }  { +  means:
  (a) Sanitary sewers;
  (b) Water;
  (c) Fire protection;
  (d) Parks;
  (e) Open space;
  (f) Recreation; or
  (g) Streets, roads and mass transit. + }
  SECTION 4. ORS 195.065 is amended to read:
  195.065. (1) Under ORS 190.003 to 190.130, units of local
government and special districts that provide an urban service to
an area within an urban growth boundary that has a population
greater than 2,500 persons, and that are identified as
appropriate parties by a cooperative agreement under ORS 195.020,
shall enter into urban service agreements that:
  (a) Specify whether the urban service will be provided in the
future by a city, county, district, authority or a combination of
one or more cities, counties, districts or authorities.

  (b) Set forth the functional role of each service provider in
the future provision of the urban service.
  (c) Determine the future service area for each provider of the
urban service.
  (d) Assign responsibilities for:
  (A) Planning and coordinating provision of the urban service
with other urban services;
  (B) Planning, constructing and maintaining service facilities;
and
  (C) Managing and administering provision of services to urban
users.
  (e) Define the terms of necessary transitions in provision of
urban services, ownership of facilities, annexation of service
  { - territory - }  { +  area + }, transfer of moneys or project
responsibility for projects proposed on a plan of the city or
district prepared pursuant to ORS 223.309 and merger of service
providers or other measures for enhancing the cost efficiency of
providing urban services.
  (f) Establish a process for review and modification of the
urban service agreement.
  (2)(a) Each county shall have responsibility for convening
representatives of all cities and special districts that provide
or declare an interest in providing an urban service inside an
urban growth boundary within the county, for the purpose of
negotiating an urban service agreement. A county may establish
two or more subareas inside an urban growth boundary for the
purpose of such agreements. If an urban service is to be provided
within the boundaries of a metropolitan service district, a
county shall notify the metropolitan service district in advance
of the time for cities and special districts to meet for the
purpose of negotiating an urban service agreement, and the
metropolitan service district shall exercise its review, advisory
and coordination functions under ORS 195.025.
  (b) When negotiating for an urban service agreement, a county
shall consult with recognized community planning organizations
within the area affected by the urban service agreement.
  (3) Decisions on a local government structure to be used to
deliver an urban service under ORS 195.070 are not land use
decisions under ORS 197.015.
    { - (4) For purposes of ORS 195.020, 195.070, 195.075,
197.005 and this section, 'urban services' means: - }
    { - (a) Sanitary sewers; - }
    { - (b) Water; - }
    { - (c) Fire protection; - }
    { - (d) Parks; - }
    { - (e) Open space; - }
    { - (f) Recreation; and - }
    { - (g) Streets, roads and mass transit. - }
    { - (5) - }   { + (4) + } Whether the requirement of
subsection (1) of this section is met by a single urban service
agreement among multiple providers of a service, by a series of
agreements with individual providers or by a combination of
multiprovider and single-provider agreements shall be a matter of
local discretion.
  SECTION 5. ORS 221.034 is amended to read:
  221.034. (1) As used in this section:
  (a) 'Neighboring city' means a city that has any part of its
territory situated within three miles of the area proposed to be
incorporated.
  (b) 'Rural unincorporated community' means a settlement with a
boundary identified in an acknowledged comprehensive plan of a
county and that:
  (A) Is made up primarily of lands subject to an exception to
statewide planning goals related to agricultural lands or
forestlands;

  (B) Either was identified in the acknowledged comprehensive
plan of a county as a 'rural community,' 'service center, ' '
rural center,' 'resort community' or similar term before October
28, 1994, or is listed in the Department of Land Conservation and
Development's 'Survey of Oregon Unincorporated Communities'
(January 30, 1997);
  (C) Lies outside the urban growth boundary of a city or a
metropolitan service district; and
  (D) Is not incorporated as a city.
  (c) 'Urban reserve' has the meaning given that term in ORS
195.137.
  (d) 'Urban   { - services' - }   { + service' + } has the
meaning given that term in ORS   { - 195.065 - }  { +
195.060 + }.
  (2) When any of the area proposed to be incorporated as a city
lies within an urbanized area, but outside the urban growth
boundary of a city or a metropolitan service district:
  (a) The area proposed to be incorporated must also be located
entirely within a designated rural unincorporated community and
contiguous lands subject to an exception to statewide planning
goals related to agricultural lands or forestlands.
  (b) The petition required by ORS 221.031 must be accompanied by
an affidavit, signed by a chief petitioner, stating that:
  (A) Ten percent of the electors registered within the area
proposed for incorporation favor the incorporation; and
  (B) The chief petitioners have engaged the neighboring cities
in discussions concerning the effects of the proposed
incorporation, including discussions specifically relating to how
those cities and the proposed city will allow for expansion of
urban growth boundaries and, where applicable, for creation or
expansion of urban reserves.
  (c) The economic feasibility statement required by ORS 221.035
must:
  (A) Indicate that the proposed city must plan for and provide
urban services in a cost-effective manner at the minimum level
adequate to meet current needs and projected growth;
  (B) Contain a proposed permanent rate limit for operating taxes
to provide revenues for urban services; and
  (C) Indicate that the proposed city must plan for residential
development at or above the same urban density planned for an
existing city, within the county, that has a similar geographic
area within the existing city's urban growth boundary or, for a
proposed city within three miles of Metro's boundary, a minimum
urban residential density in accordance with a statewide planning
goal and rules pertaining to needed housing for cities within
Metro's urban growth boundary.
  (d) If the proposed city will be required to complete a public
facility plan and a transportation systems plan, the proposed
city must demonstrate the ability to provide urban services to
meet current needs and projected growth. The proposed city may
meet this requirement, in whole or in part, by establishing an
agreement in principle with a city or a district, as defined in
ORS 195.060, to provide the urban services.
  (3) If the governing body of a neighboring city determines that
the proposed incorporation adversely affects that city, the
governing body may ask the county court with which the petition
for incorporation was filed to reject the petition and terminate
the incorporation proceedings. The objections by the city to the
incorporation shall be heard and considered by the county court
at a public hearing held under ORS 221.040.
  (4) If, at the hearing held under ORS 221.040, the county court
finds that any of the requirements of subsection (2) of this
section are not met or that the proposed incorporation will
adversely affect a neighboring city, the county court shall
provide by order for the termination of the incorporation
proceedings. The order shall contain the findings of the county
court relating to the proposed incorporation and the reasons for
terminating the incorporation proceedings.
  (5) In the manner provided in ORS 197.830 to 197.845, the Land
Use Board of Appeals shall review, upon the petition of a party
to the incorporation proceedings, the order of the county court
under subsection (4) of this section.
  SECTION 6.  { + 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. + }
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