69th OREGON LEGISLATIVE ASSEMBLY--1997 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 4369
Senate Bill 9
Sponsored by Senator LIM (at the request of Multnomah County, the
cities of Portland, Gresham, Troutdale, Fairview and Wood
Village)
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.
Changes number and appointing authorities of members of charter
commission formed for city-county consolidation procedure.
Provides that city that is excluded from consolidated
city-county may extend its boundaries to include areas designated
as urban reserve by regional government.
Provides formula to ensure that other cities in this state do
not lose revenues under liquor, fuel and cigarette tax
distributions because of city-county consolidation.
Requires city-county charter to provide permanent rate limit
for operating taxes for city-county that provides same tax
revenues as cumulative tax rates of government entities
consolidated into city-county.
Provides alternate method of appointing city-county charter
commission.
A BILL FOR AN ACT
Relating to city-county consolidation; creating new provisions;
and amending ORS 199.725, 199.750, 199.755 and 199.765.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 199.725 is amended to read:
199.725. (1) Within 30 days after the proceedings are
initiated { + , + } a charter commission comprised of persons
each of whom is an elector of the county or the most populous
city shall be appointed as follows:
(a) { - Three - } { + Two + } members jointly by a majority
of a convention of the State Senators elected from the county or
any part thereof, one { - of whom shall be a resident of
the - } { + who resides in an + } unincorporated area of the
county { + and one who resides in an incorporated area on the
east side of the county + }.
(b) Three members jointly by a majority of a convention of the
State Representatives elected from the county or any part
thereof, one { - of whom shall be a resident of the - }
{ + who resides in an + } unincorporated area { + on the west
side + } of the county.
(c) { - Two - } { + Three + } members by the governing body
of the county.
(d) { - Two - } { + Three + } members by the governing body
of the most populous city in the county.
{ + (e) One member by the governing body of the second most
populous city in the county. + }
{ - (e) - } { + (f) + } One member jointly by a majority of
a convention of the mayors of the cities in the county other than
the { - most populous city - } { + cities described in
paragraphs (d) and (e) of this subsection + }.
(2) Any of the appointments not made as provided by subsection
(1) of this section shall be made by the Governor within 45 days
after the proceedings are initiated.
(3) Each appointment made under this section shall be certified
immediately by the appointing authority to the mayor of the most
populous city.
(4) Members of the charter commission shall serve without pay.
(5) The terms of office of members of the commission shall
continue until the charter that the commission prepares is
submitted to the electors under ORS 199.730 and 199.735. A
position on the commission shall become vacant, however, for any
cause specified by ORS 236.010 and may be declared vacant by the
commission because of nonattendance at commission meetings.
Within 30 days after such a vacancy occurs or is declared, it
shall be filled in the manner prescribed by the provisions of
subsections (1) and (2) of this section that are applicable to
the position vacated.
(6) Within five days after receiving certification of the final
appointment to the commission, the mayor of the most populous
city shall fix the time and place and give the commission members
at least 10 days' notice of the first meeting of the commission.
The mayor shall convene the commission and serve as its temporary
chairman. At the first meeting the commission shall designate a
permanent chairman and organize in whatever other manner it
considers advisable.
(7) The governing body of the county proposed to be
consolidated shall appropriate for the expenses of the
commission:
(a) Not less than $25,000; and
(b) An additional amount of not more than $100,000, as
requisitioned by a majority of the following officials: The
chairman of the commission, the chairman of the county governing
body and the mayor of the most populous city in the county.
(8) The county and any city in the county may appropriate money
to assist the charter commission with its work.
SECTION 2. ORS 199.750 is amended to read:
199.750. (1) The city-county shall be a city within the meaning
of state law, except ORS 221.610, 221.621, 221.650, 222.210 to
222.310 and 222.840 to 222.915. In merger proceedings under ORS
222.610 to 222.710 consent by the city-county to the merger may
be given by the governing body of the city-county without a
popular vote on the merger. No merger or annexation adding
territory to the city-county shall change a county boundary.
Annexation to the city-county of area in another county or merger
into the city-county of a city in another county shall be for the
provision of city services only.
(2) The city-county shall be a county for purposes of Articles
IV, VI, VII (Amended), VII (Original) and VIII of the Oregon
Constitution and in its relationship to any city in the
city-county excluded from the consolidation under ORS 199.740
(2). That relationship shall continue until the excluded city
disincorporates or merges into the city-county { + . + } { - ,
but the - } { + Except for expansion into an area designated by
a regional government as an urban reserve area, an + } excluded
city may not extend its boundaries.
(3) The city-county shall have the powers and duties of
counties and county officers and cities and city officers under
state law and the city-county charter. The charter shall
prescribe or make provision for prescribing what officers and
agencies of the city-county shall exercise those powers and
duties. The charter may prescribe or make provision for
prescribing which duties or functions shall be county, city or
jointly city-county powers.
(4) The charter may also prescribe or make provision for
prescribing that state officers elected in the city-county alone
shall simultaneously be city-county and state officers and have
city-county functions prescribed by the charter or ordinances of
the city-county.
(5) The city-county shall be both a city and a county entitled
to receive funds under state and federal laws allocating funds to
cities or counties or both.
SECTION 3. ORS 199.755 is amended to read:
199.755. (1) A city-county shall receive a share of the
revenues allocated to counties under ORS 323.455, 366.525 and
471.810. Subject to subsections (2) and (3) of this section, it
shall also receive a share allocated under ORS 323.455, 366.800
and 471.810 to cities.
(2) Starting with the first full calendar month after the
effective date of the consolidation, a city-county shall receive
a share of such revenues allocated to cities on the same basis as
a city. In computing such share, population shall be determined
as provided by subsection (3) of this section.
(3) For the purposes of this section, population of a
city-county shall be determined:
(a) For the calendar year in which the consolidation becomes
effective, at { - 70 - } { + 87 + } percent of the population
of the city-county as determined under ORS 190.510 to 190.590;
(b) For the first calendar year following the calendar year in
which the consolidation becomes effective, at { - 73 - } { +
88 + } percent of the population of the city-county as determined
under ORS 190.510 to 190.590; and
(c) For the second calendar year following the calendar year in
which the consolidation becomes effective, at { - 76 - } { +
89 + } percent; for the third, at { - 79 - } { + 91 + }
percent; for the fourth, at { - 82 - } { + 92 + } percent;
for the fifth, at { - 85 - } { + 94 + } percent; for the
sixth, at { - 88 - } { + 95 + } percent; for the seventh, at
{ - 91 - } { + 97 + } percent; for the eighth, at { - 94 - }
{ + 98 + } percent; for the ninth, at { - 97 - } { + 99 + }
percent; and for the 10th and each succeeding calendar year
{ - , - } following the calendar year in which the
consolidation becomes effective, at 100 percent of the population
of the consolidated city-county as determined under ORS 190.510
to 190.590.
SECTION 4. ORS 199.765 is amended to read:
199.765. { - (1) - } The charter for a city-county shall
specify the { - initial tax base - } { + permanent rate limit
for operating taxes + } for the city-county within the meaning of
section 11 { + (3) + }, Article XI of the Oregon
Constitution { + , + } which shall be { - not less than the sum
of the existing tax bases of the most populous city - } { + a
rate that produces the same tax revenue as would have
cumulatively been produced by the cities that are the subject of
the consolidation + }, the county and all special districts
automatically extinguished under ORS 222.510 or by ORS 199.705 to
199.775. To { - raise the revenue authorized within the initial
tax base and - } provide for the administration of differential
taxation, the charter may establish districts on the basis of
services to be provided by the city-county and prescribe { - a
formula for computing different - } { + operating + } tax rates
for the different districts { + , except that the operating tax
rates may not cumulatively exceed the permanent rate limit
established for the city-county under this section + }. The
charter shall provide { - procedure - } { + procedures + }
for modification or dissolution of such districts and for
changing such tax rate formula, after the first fiscal year in
which the city-county
{ - levies - } { + imposes ad valorem property + } taxes.
{ - (2) The charter of the city-county may provide that any
serial tax levy previously authorized under ORS 280.060 and any
continuing tax levy authorized prior to July 21, 1953, and
meeting the qualifications of ORS 310.125 by the electors of any
consolidating, merging or extinguished government shall continue
as if the consolidation had not occurred. The governing body of
the city-county may exercise whatever taxing power is thus
continued. - }
SECTION 5. { + Sections 6 and 7 of this Act are added to and
made a part of ORS 199.705 to 199.775. + }
SECTION 6. { + If a charter for a city-county is approved
under ORS 199.740 (1), the comprehensive plans and the land use
regulations of the county and each of the cities consolidated
into the city-county shall continue in effect as if the charter
had not been approved. The comprehensive plans and land use
regulations shall remain in effect until the governing body of
the city-county adopts a comprehensive plan and land use
regulations for the city-county that supersede the previous
comprehensive plan and land use regulations. As used in this
section, 'comprehensive plan' and 'land use regulation' have the
meanings given those terms in ORS 197.015. + }
SECTION 7. { + (1) In lieu of the appointment of a charter
commission under ORS 199.725 (1), a charter commission may be
appointed under this section when the governing body of the
county and the governing body of the most populous city in the
county each adopt a resolution within 30 days after consolidation
proceedings are initiated under ORS 199.720 that specifically
expresses the intent of the governing body that the charter
commission be appointed as provided in this section.
(2) Within 60 days after consolidation proceedings are
initiated under ORS 199.720, if the resolutions described in
subsection (1) of this section are adopted, a charter commission
comprised of persons each of whom is an elector of the county or
the most populous city shall be nominated as follows:
(a) Three members by the governing body of the county,
including at least one member who resides in the unincorporated
eastern portion of the county and at least one member who resides
in the unincorporated western portion of the county.
(b) Three members by the governing body of the most populous
city in the county.
(c) One member by the governing body of the second most
populous city in the county.
(d) One member jointly by a majority of a convention of the
mayors of the cities in the county other than the cities
described in paragraphs (b) and (c) of this subsection.
(e) One member by the district attorney of the county.
(3) Members nominated as provided in subsection (2) of this
section shall be appointed to the charter commission by
resolution jointly adopted by the governing body of the county
and the governing body of the most populous city.
(4) When the preliminary draft of a charter is prepared, the
charter commission appointed under this section shall present a
copy of the preliminary draft to the governing body of the county
and to the governing body of each city in the county.
(5) Within 60 days after preparation of the final draft of the
charter, the governing body of the county and the governing body
of each city in the county shall hold public hearings on the
proposed charter at various times and places. After the public
hearings, the governing bodies may submit recommendations
concerning the charter to the charter commission for its
consideration.
(6) ORS 199.725 (2) to (8) apply to a charter commission
appointed under this section. + }
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