HomeMy WebLinkAboutItem B: Lane County Boundary CommissionECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Lane County Local Government Boundary Commission
Meeting Date: February 14, 2007 Agenda Item Number: B
Department: Planning and Development Staff Contact: Kurt Yeiter
www.eugene-or.gov Contact Telephone Number: 682-8379
ISSUE STATEMENT
A work session was requested by the City Council and Intergovernmental Relations (IGR) Committee to
develop the council’s legislative policies regarding the Lane County Local Government Boundary
Commission. Legislation has been introduced that would eliminate the Boundary Commission and
transfer funding through the Lane County Board of County Commissioners (SB 417).
BACKGROUND
The Lane County Local Government Boundary Commission is a state agency established in 1969 to
review certain types of local government boundary changes. This commission is currently the only
boundary commission remaining in Oregon. Its seven members, who are residents of Lane County, are
appointed by the Governor for four-year terms. The Governor attempts to make appointments so
geographic sections of Lane County are represented on the commission. The commission is currently
staffed through the Lane Council of Governments (LCOG). Member jurisdictions help pay costs
through annual assessments based on population. Eugene’s projected assessment for FY08 is $34,300.
The purposes of the commission are to simplify the local government system and guide urban
expansion. Boundary changes include minor boundary changes, such as annexations to or withdrawals
from cities or districts and transfers of territory from one city to another city, or one district to another
district. Major boundary changes include mergers, consolidations, formations, and dissolutions of cities
or districts.
The Boundary Commission has jurisdiction over the following: boundaries of cities; domestic water
districts; rural fire protection districts; sanitary districts; sanitary authorities, water authorities or joint
water and sewer authorities; park and recreation districts; highway lighting districts; vector control
districts; county service districts; metropolitan service districts; geothermal heating districts;
corporations organized for the purpose of supplying water for domestic use; library districts; and special
road districts. The commission also has jurisdiction over the formation of new private water and
wastewater companies or community systems and the extension of services outside their boundaries.
The commission’s statutory standards of review and additional information are contained in the synopsis
attached to this memorandum.
As the sole boundary commission remaining in this state, Lane County’s is a frequent topic during
legislative sessions. The reasons for abolishing the Boundary Commission that staff hears include:
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The commissioners are not locally elected;
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The process may be slower or more expensive;
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There is little flexibility in their decisions due to their criteria;
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They are strict defenders of the adopted comprehensive plans;
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They are opposed by special districts; and
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The rest of the state gets by without them.
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The City of Eugene has a history of defending the Lane County Local Government Boundary
Commission at the legislature for the following reasons:
The commission provides an impartial non-City/non-County forum for controversial issues, such
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as street annexations and the formation of special districts;
Staff believes the commission operates more efficiently than would be possible if the City
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assumed its operations;
State law governing non-boundary commission annexations does not allow annexations that are
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not contiguous to the main body of the city limits, which would restrict development, especially
in the River Road and Santa Clara areas, or require major revisions to the Metro Plan;
If the commission were abolished:
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-Many duties (e.g., minor boundary changes) would fall to the City, which has resource
implications for the City;
-Other duties (e.g., major boundary changes) will be transferred to Lane County, such as
the formation/dissolution of special districts; and
-Annexations of properties would require public hearings before the Planning Commission
and City Council, which has scheduling implications for both bodies.
A memorandum that outlines the division of duties should the Boundary Commission be abolished is
included as Attachment C.
Senate Bill 417
SB 417 was introduced by State Senator Vicki Walker and Representatives Phil Barnhart and Chris
Edwards. It would abolish the Lane County Local Government Boundary Commission. There would be
no transition period. All records would transfer to the State Archivist. Any remaining state moneys
authorized to be expended by the Boundary Commission for the biennium beginning July 1, 2007, will
be transferred to Lane County for “equitable distribution to local governments” for paying the costs
associated with future boundary changes, including County expenses.
Representative Edwards addressed the Boundary Commission at its regular meeting on February 1,
2007. He said that he was not opposed to specific annexation requests, but he felt that the whole system
of annexation in River Road and Santa Clara needed to be fixed, and that was the intention behind SB
417. Based on this and other statements made by candidates during the recent elections, staff believes
that there is substantial momentum towards abolishing the Boundary Commission in the current
legislature. Therefore, it would likely take significant effort to retain the Boundary Commission should
the City Council decide to oppose SB 417 and similar bills.
RELATED CITY POLICIES
In the past, the City Council had a legislative policy to support the Boundary Commission. This year the
council refrained from adopting any policy until after this work session.
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COUNCIL OPTIONS
The City Council has several options, from full support of the Boundary Commission in this legislative
session, to remaining neutral, to supporting the bill that would result in the abolition of the Boundary
Commission. Remaining neutral might be construed by the legislature as non-support.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends full support of the Boundary Commission.
SUGGESTED MOTION
Move that the City Council oppose SB 417 as a Priority 1.
Optional: Move to direct the City Manager to prepare a resolution stating the City Council’s support for
the Lane County Local Government Boundary Commission, to be approved by the council at a later
date.
ATTACHMENTS
A. Boundary Commission Synopsis
B. SB 417
C. Memorandum from Paula Taylor, Executive Officer of the Lane County Boundary Commission,
dated October 28, 2004
FOR MORE INFORMATION
Staff Contact: Kurt Yeiter, Principal Planner
Telephone: 541-682-8379
Staff E-Mail: Kurt.M.Yeiter@ci.eugene.or.us
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ATTACHMENT A
SYNOPSIS
LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION
(OREGON REVISED STATUTES 199.410 TO 199.540)
The boundary commission is a state agency which reviews certain types of local government boundary
changes. There is currently one boundary commission in Oregon—the Lane County Local Government
Boundary Commission located in Lane County. The boundary commission was established by state law
in 1969.
Purposes of Commission
The purposes of the commission are to simplify the local government system and guide urban expansion
by:
1. Guiding the creation and growth of cities and special districts.
2. Preventing illogical extensions of local government boundaries.
3. Assuring adequate quantity and quality of public services and the financial integrity of each unit
of local government.
Commissioner Membership
Seven members, who are residents of Lane County, are appointed by the Governor for four-year terms.
Local elected or appointed officials cannot be members of the boundary commission. No more than two
can be principally engaged in real estate and no more than two in the same kind of business, occupation,
trade or profession. The Governor attempts to make appointments so geographic sections of Lane
County are represented on the commission.
Jurisdiction Over Certain Types of Units
The commission has jurisdiction over the boundaries of cities; domestic water districts (ORS 264); rural
fire protection districts (ORS 478); sanitary districts (ORS 450.005 to 450.245); sanitary authorities,
water authorities or joint water and sewer authorities (ORS 450.600 to 450.989); park and recreation
districts (ORS 266); highway lighting districts (ORS 372); vector control districts (ORS 452.020 to
452.170); county service districts (ORS 451); metropolitan service districts (ORS 268); geothermal
heating districts (ORS 523); corporations organized for the purpose of supplying water for domestic use
(ORS 554); library districts (ORS 357.216 to 357.286); and special road districts (ORS 371.305 to
371.360).
The commission also has jurisdiction over the formation of new private water and wastewater
companies or community systems and the extension of services outside their boundaries.
The boundary commission does not have authority over all local boundary changes. For example,
school districts, port districts, people’s utility districts (except for supplying water), and hospital districts
are not subject to the boundary commission law.
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Two Kinds of Boundary Changes
The law distinguishes two kinds of boundary changes—major and minor.
1. Major boundary changes are mergers, consolidations, formations and dissolutions of cities and
districts.
2. Minor boundary changes are annexations to or withdrawals from existing cities or districts;
transfers are also defined as minor boundary changes.
Other Reviews
The commission must also review a district proposal to assume a new function and review the extension
of water or wastewater service (including individual connections) outside the boundaries of cities,
special service districts, or private water companies.
Procedural Requirements for Boundary Changes*
1. The boundary commission receives a voter or property owner petition, a resolution from the
governing body, initiating a proposal or the boundary commission initiates a boundary change.
2. Staff undertakes a study.
3. Boundary commission conducts one or more public hearings.
4. Commission makes a decision—to approve the proposal as submitted; modify the proposal to
include or exclude property; or deny the proposal.
5. Enter a final order stating findings and reasons for the decision.
6. File the final order with the Secretary of State, county recorder, county assessor, city or district
recorder, and Department of Revenue.
7. Expedited procedure—an optional, simplified, shortened procedure which can be used for
routine, noncontroversial annexations and wastewater and water extraterritorial extensions.
Under this procedure, a public hearing may not be necessary.
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* These procedures have been simplified for this synopsis. For more details, please contact the boundary commission
office.
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Standards of Review
1. Provide an impartial forum for resolution of local jurisdictional questions. Consider the effects
of the boundary change on other units of governments. ORS 199.410(1)(b) and 199.410(3)(c)
2. Consider the orderly determination and adjustment of local government boundaries to best meet
the needs of Lane County and Oregon. Consider alternative solutions where intergovernmental
options are identified and make decisions based on the most effective long-range option among
identified alternatives. ORS 199.410(1), 199.410(2), and 199.410(3)(a)
3. Make boundary commission determinations which are consistent with acknowledged local
comprehensive plans. Assure an adequate quality and quantity of public services required in the
comprehensive plan to meet existing and future growth. For major boundary change, there must
be assurance that the proposed unit of government is financially viable. ORS 199.410(1)(d),
199.410(3)(b) and (d)
4. Consider the comprehensive plan’s economic, demographic, and sociological trends and
projections and its environmental policies, pertinent to the proposal. ORS 199.410(3)(d) and
199.462(1)
Public Assistance
The boundary commission staff is available to answer questions regarding the boundary commission,
boundary change procedures, and other matters related to the boundary commission. Forms and
instructions for various boundary changes are available at the office. It is always helpful to make an
appointment when seeking assistance.
For more information, please contact:
Lane County Local Government Boundary Commission
99 East Broadway, Suite 400
Eugene, Oregon 97401-3111
(541) 682-4425
FAX (541) 682-2635
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Last Saved: February 7, 2007
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ATTACHMENT B
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