Bill Text: OR HB3614 | 2011 | Regular Session | Introduced

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

Spectrum: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3614 Detail]

Download: Oregon-2011-HB3614-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 4073

                         House Bill 3614

Sponsored by Representative WEIDNER; Representatives FREEMAN,
  GARRARD, HOYLE, HUNT, MATTHEWS, READ, SCHAUFLER, SHEEHAN, J
  SMITH, THATCHER, WHISNANT, WINGARD

                             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.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to consent to annexation for extraterritorial service;
  amending ORS 198.869 and 222.115; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 222.115 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
 { - 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 extaterritorial 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 property.
   { +  (3) 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 of the landowner without
requiring consent to eventual annexation, including a service
that is temporarily discontinued for a period of one year or
less.
  (4) A consent to eventual annexation that was required by a
city prior to the effective date of this 2011 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 of the landowner
without requiring consent to eventual annexation. + }
  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 a landowner's consent to eventual
annexation 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 property.
   { +  (3) 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 of the landowner
without requiring consent to eventual annexation, including a
service that is temporarily discontinued for a period of one year
or less.
  (4) A consent to eventual annexation that was required by a
district prior to the effective date of this 2011 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 of the landowner
without requiring consent to eventual annexation. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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