Bill Text: OR HB3455 | 2013 | Regular Session | Introduced
Bill Title: Relating to service district governance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3455 Detail]
Download: Oregon-2013-HB3455-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 3711
House Bill 3455
Sponsored by Representative TOMEI
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.
Establishes process for electing or appointing board of
directors for county service district.
A BILL FOR AN ACT
Relating to service district governance; creating new provisions;
and amending ORS 451.410, 451.435 and 451.485.
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 451.410 to 451.610. + }
SECTION 2. { + (1) An elected or appointed board of directors
may serve as the governing body of a county service district.
(2)(a) A proposal to establish an elected or appointed board of
directors for a county service district may be initiated:
(A) By a petition to form or change the organization of the
county service district that complies with ORS 198.750; or
(B) For an existing county service district, on the motion of
the governing body of the county service district.
(b) Notwithstanding ORS 198.755, a petition to change the
organization of a county service district described in paragraph
(a)(A) of this subsection must be signed by not less than five
percent of the electors or 100 electors, whichever is greater,
registered in the territory subject to the petition.
(3) If a proposal to establish an elected or appointed board of
directors is contained in a petition seeking formation of a
county service district:
(a) The governing body of the county:
(A) May not modify or reject the proposal.
(B) May modify or reject the petition on the basis of the
criteria set forth in ORS 198.805, as provided in ORS 198.810.
(b) The provisions of ORS 198.705 to 198.955 relating to the
formation of a district that do not conflict with the provisions
of this section apply to the petition.
(4) If a proposal to establish an elected or appointed board of
directors is contained in a petition seeking a change of
organization of a county service district, the governing body of
the county:
(a) May not modify or reject the proposal.
(b) May modify or reject the petition on the basis of the
criteria set forth in ORS 198.705 to 198.955.
(5) If the governing body of the county does not reject the
petition under subsection (4)(b) of this section, the governing
body shall:
(a) Approve the proposal and:
(A) Order an election of a board of directors for the county
service district; or
(B) Appoint a board of directors for the county service
district; or
(b) Submit the question of whether to establish an elected or
appointed board of directors to the electors residing within the
territory of the county service district for a vote.
(6) If the electors approve the establishment of an elected or
appointed board of directors pursuant to subsection (5)(b) of
this section, the governing body of the county shall, as
applicable:
(a) Order an election of a board of directors for the county
service district; or
(b) Appoint a board of directors for the county service
district.
(7) The board of directors of a county service district elected
or appointed pursuant to this section must be composed of five or
seven directors, as specified in the petition for formation or
change of organization of the county service district or in the
motion of the governing body of the county service district.
(8) A director elected or appointed pursuant to this section
shall hold office from July 1 next following election or
appointment.
(9) The term of office of a director elected or appointed
pursuant to this section is four years. However, a director shall
hold office until the election and qualification or appointment
of a successor.
(10) The board of directors of a county service district shall
fill a vacancy on the board as provided in ORS 198.320.
(11) An elector residing within the territory of the county
service district is qualified to be a member of the board of
directors of the county service district unless the elector is an
employee of the county service district. + }
SECTION 3. ORS 451.435 is amended to read:
451.435. (1) { + Except as otherwise provided in section 2 of
this 2013 Act, + } all district formation and change of
organization proceedings shall be initiated, conducted and
completed as provided by ORS 198.705 to 198.955. Except for an
order allowing an existing district established to provide sewage
works to also provide drainage works, no county or portion
thereof shall be included within a district which is to provide
services in more than one county without the consent of the
governing body of the affected county.
(2) In the case of sewage works, upon certification to the
county court by the Environmental Quality Commission or the
county health officer that an emergency exists the county court
shall initiate the formation of a district in the manner
specified in ORS 198.835, or annexation to an existing district
in the manner specified in ORS 198.850 (3), whichever is most
appropriate.
(3) A petition or order initiating the formation or change or
organization of a district shall, in addition to the requirement
specified by ORS 198.705 to 198.955, state which of the service
facilities specified by ORS 451.010 the district shall be
authorized to construct, maintain and operate.
(4) A final order in a formation or change of organization
proceeding of a district shall, in addition to the requirements
specified by ORS 198.705 to 198.955, state which of the service
facilities specified by ORS 451.010 the district shall be
authorized to construct, maintain and operate.
SECTION 4. ORS 451.485 is amended to read:
451.485. { + Except as provided in section 2 of this 2013
Act, + } the county court shall be the governing body of a county
service district established under ORS 451.410 to 451.610. A
district shall be known by the name or number specified in the
order declaring its formation and by that name shall exercise and
carry out the powers and duties conferred and declared in this
chapter. Before proceeding to construct or provide any service
facilities authorized by this chapter, the governing body of the
district shall make an order:
(1) Determining the service facilities to be constructed,
maintained and operated and the part of the work to be undertaken
immediately.
(2) Determining the manner of financing the construction,
maintenance and operation of the service facilities.
(3) Determining the method by which the district shall bear the
share of the cost of construction of the service facilities that
is to be apportioned to the district.
(4) Where it appears that any service facilities to be
constructed will provide service to areas outside the district at
some future date, determining the equitable and fair share of the
cost of construction of such facilities that should be borne by
such areas, which share shall be borne by the revolving fund
established under ORS 451.540, by funds obtained by the county
under ORS 280.055 or by any other method of financing described
by ORS 451.490 until such areas are served by the facilities.
(5) { - Where - } { + If + } the service facilities of the
district are to be integrated into other service facilities
constructed or being constructed by another district or by other
public bodies as defined in ORS 174.109, determining the fair and
equitable amount the district should assume as its share of the
construction of such other service facilities, which amount shall
be paid to the other district or public body upon terms and
conditions to which the governing body of the district has
agreed.
(6) In the case of sewage works, where trunk or interceptor
sewers, treatment plants and similar facilities are to be charged
to all property within the district while lateral sewers, street
mains and similar facilities are to be charged only to property
to be served immediately by the system, determining the fair and
equitable share of the total cost to be charged to areas within
the district.
(7) If any of the cost of the work is to be assessed against
benefited property, describing portions of the district, if any,
within which service facilities will not be financed by
assessment.
SECTION 5. ORS 451.410 is amended to read:
451.410. As used in ORS 451.410 to 451.610, unless the context
indicates otherwise:
(1) 'Change of organization' { - has - } { + means, in
addition to + } the meaning given that term in ORS 198.705 { + ,
a change in the governance structure pursuant to section 2 of
this 2013 Act + }.
(2) 'County' has the meaning given that term in ORS 198.705.
(3) 'County court' includes the board of county commissioners.
(4) 'District' means a county service district established
under ORS 451.410 to 451.610 to provide service facilities in a
county or counties.
(5) 'Formation' has the meaning given that term in ORS 198.705.
(6) 'Owner' means the record owner of real property or the
holder of a duly recorded contract for purchase of real property
within the district.
(7) 'Service facilities' means public service installations,
works or services provided within a county or counties for any or
all of the purposes specified in ORS 451.010.
SECTION 6. { + Section 2 of this 2013 Act and the amendments
to ORS 451.410, 451.435 and 451.485 by sections 3 to 5 of this
2013 Act apply to a proposal to establish an elected or appointed
board of directors of a county service district contained in a
petition filed under ORS 198.800, or a motion of the governing
body of a county made, on or after the effective date of this
2013 Act. + }
----------
