Bill Text: OR HB2945 | 2011 | Regular Session | Introduced

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Bill Title: Relating to consent to annexation for extraterritorial service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2945 Detail]

Download: Oregon-2011-HB2945-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 204

                         House Bill 2945

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 as
introduced.

  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.

                        A BILL FOR AN ACT
Relating to consent to annexation for extraterritorial service;
  creating new provisions; and amending ORS 198.869 and 222.115.
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' does not include a service performed outside the
boundaries of a district by the district on behalf of another
local government, as defined in ORS 174.116, pursuant to an
intergovernmental agreement.
  (2) A district may require a landowner to consent to eventual
annexation before providing an extraterritorial service.
  (3) + } 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.
  SECTION 2.  { + Section 3 of this 2011 Act is added to and made
a part of ORS 198.705 to 198.955. + }
  SECTION 3.  { + Consent by a landowner to eventual annexation
that was required by a district prior to the effective date of
this 2011 Act is void if the district attempted to require the
consent in exchange for a service provided outside the boundaries

of the district on behalf of another local government, as defined
in ORS 174.116, pursuant to an intergovernmental agreement. + }
  SECTION 4. ORS 222.115 is amended to read:
  222.115.  { + (1) As used in this section, 'extraterritorial
service' does not include a service performed outside the
boundaries of a city by the city on behalf of another local
government, as defined in ORS 174.116, pursuant to an
intergovernmental agreement.
  (2) A city may require a landowner to consent to eventual
annexation before providing an extraterritorial service.
  (3)  + }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 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.
  SECTION 5.  { + Consent by a landowner to eventual annexation
that was required by a city prior to the effective date of this
2011 Act is void if the city attempted to require the consent in
exchange for a service provided outside the boundaries of the
city on behalf of another local government, as defined in ORS
174.116, pursuant to an intergovernmental agreement. + }
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