ORS 195.065
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)

Intentionally left blank —Ed.

(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:

(a)

Sanitary sewers;

(b)

Water;

(c)

Fire protection;

(d)

Parks;

(e)

Open space;

(f)

Recreation; and

(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]

Source: Section 195.065 — Agreements required; contents; county responsibilities, https://www.­oregonlegislature.­gov/bills_laws/ors/ors195.­html.

Law Review Citations

93 OLR 455 (2014)

195.020
Special district planning responsibilities
195.025
Regional coordination of planning activities
195.033
Area population forecasts
195.036
Metro area population forecast
195.040
Annual county reports on comprehensive planning compliance
195.060
Definitions
195.065
Agreements required
195.070
Agreement factors
195.075
Agreement provisions and considerations
195.080
Application of comprehensive plans and land use regulations
195.085
Compliance deadlines
195.110
School facility plan for large school districts
195.115
Reducing barriers for pedestrian and bicycle access to schools
195.120
Rules and planning goal amendments for parks required
195.125
Existing uses in state parks
195.137
Definitions for ORS 195.137 to 195.145
195.139
Legislative findings
195.141
Designation of rural reserves and urban reserves pursuant to intergovernmental agreement
195.143
Coordinated and concurrent process for designation of rural reserves and urban reserves
195.144
Designation of rural reserves and urban reserves in Washington County
195.145
Urban reserves
195.205
Annexation by provider
195.210
Election procedures
195.215
Election certification
195.220
Annexation plan provisions
195.225
Boundary commission review
195.235
Application of other annexation procedures
195.250
Definitions for ORS 195.250 to 195.260
195.253
Policy
195.256
Legislative findings
195.260
Duties of local governments, state agencies and landowners in landslide hazard areas
195.300
Definitions for ORS 195.300 to 195.336
195.301
Legislative findings
195.305
Compensation for restriction of use of real property due to land use regulation
195.308
Exception to requirement for compensation
195.310
Claim for compensation
195.312
Procedure for processing claims
195.314
Notice of claim
195.316
Notice of Measure 37 permit
195.318
Judicial review
195.320
Ombudsman
195.322
Duties of ombudsman
195.324
Effect of certain applications or petitions on right to relief
195.326
Qualification of appraisers
195.328
Acquisition date of claimant
195.330
Filing date of documents
195.332
Fair market value of property
195.334
Effect of invalidity
195.336
Compensation and Conservation Fund
195.500
Policy for removal of homeless individuals camping on public property
195.505
Elements of camp removal policies
195.510
Sites not subject to ORS 195.500 to 195.510
195.520
Camping by individuals living in vehicles
195.530
Noncamping use of public property by homeless individuals
195.850
Reporting local government boundary changes to certain mass transit districts
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