Agreements required; contents; county responsibilities
(1)Under ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.130 (Effect of ORS 190.125), 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 (Special district planning responsibilities), 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, transfer of moneys or project responsibility for projects proposed on a plan of the city or district prepared pursuant to ORS 223.309 (Preparation of plan for capital improvements financed by system development charges) 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 (Regional coordination of planning activities).
(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 (Agreement factors) are not land use decisions under ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325).
(4)For purposes of ORS 195.020 (Special district planning responsibilities), 195.070 (Agreement factors), 195.075 (Agreement provisions and considerations), 197.005 (Legislative findings) and this section, “urban services” means:
(g)Streets, roads and mass transit.
(5)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. [1993 c.804 §3]
Law Review Citations
93 OLR 455 (2014)