A local government boundary commission hereby is created, having jurisdiction in the area consisting of Lane County.
Note: Sections 1 to 7 and 16, chapter 239, Oregon Laws 2007, provide:
Sec. 1. (1) The local government boundary commission having jurisdiction in Lane County is abolished. On the operative date of this section, the tenure of office of the members of the commission and of any advisory committee appointed by the commission ceases.
(2) All the duties, functions and powers of the commission are abolished. [2007 c.239 §1]
Sec. 2. (1) The members of the local government boundary commission having jurisdiction in Lane County shall:
(a) Deliver to the State Archivist all records within the jurisdiction of the commission that relate to the duties, functions and powers abolished by section 1 of this 2007 Act except as provided in section 4 of this 2007 Act; and
(b) Terminate those employees engaged primarily in the exercise of the duties, functions and powers abolished by section 1 of this 2007 Act.
(2) The State Archivist shall take possession of the records described in subsection (1)(a) of this section for archival purposes.
(3) The Governor shall resolve any dispute between the commission and the State Archivist relating to transfers of records. [2007 c.239 §2]
Sec. 3. (1) The Lane County Local Government Boundary Commission Fund is abolished.
(2) The unexpended moneys in the fund and the unexpended balances of amounts authorized to be expended by the local government boundary commission having jurisdiction in Lane County for the biennium beginning July 1, 2007, from revenues dedicated, continuously appropriated, appropriated or otherwise made available for the purpose of administering and enforcing the duties, functions and powers abolished by section 1 of this 2007 Act are appropriated and transferred to Lane County for:
(a) Payment of costs incurred in relation to an action, proceeding or prosecution described in section 4 of this 2007 Act or a liability, duty or obligation described in section 5 of this 2007 Act; and
(b) Equitable distribution to local governments, as defined in ORS 174.116, within Lane County in the manner in which service charges were assessed and collected from cities, counties and districts within the jurisdiction of the local government boundary commission, for the purpose of paying the costs of those local governments that are associated with future boundary changes.
(3) If the unexpended moneys described in subsection (2) of this section are not adequate to make the payments required by subsection (2)(a) of this section, Lane County may assess and collect charges from cities, counties and districts within the jurisdiction of the local government boundary commission in the manner described in ORS 199.457 to make the payments.
(4) The expenditure classifications, if any, established by Acts authorizing or limiting expenditures by the commission remain applicable to expenditures by a local government in Lane County. [2007 c.239 §3]
Sec. 4. (1) The abolishment of the duties, functions and powers of the local government boundary commission having jurisdiction in Lane County by section 1 of this 2007 Act does not affect any action, proceeding or prosecution involving or with respect to those duties, functions and powers begun before and pending at the time of abolishment, except that:
(a) The appropriate city is substituted for the commission in an action, proceeding or prosecution relating to a change in the boundary of that city; and
(b) Lane County is substituted for the commission in all other actions, proceedings or prosecutions.
(2) The members of the commission shall deliver to:
(a) The appropriate city within Lane County all records and property within the jurisdiction of the commission that relate to a pending action, proceeding or prosecution relating to a change in the boundary of that city; and
(b) Lane County all other records and property within the jurisdiction of the commission that relate to a pending action, proceeding or prosecution.
(3) The commission shall dispose of or deliver all other property, or proceeds of the disposal of the property, to Lane County. [2007 c.239 §4]
Sec. 5. (1) Nothing in sections 1 to 6 of this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers abolished by section 1 of this 2007 Act. Lane County may undertake the collection or enforcement of the liabilities, duties or obligations.
(2) The rights and obligations of the local government boundary commission having jurisdiction in Lane County legally incurred under contracts, leases and business transactions executed, entered into or begun before the operative date of section 1 of this 2007 Act [July 1, 2008] are transferred to Lane County. For the purpose of succession to these rights and obligations, Lane County is a continuation of the commission and not a new authority. [2007 c.239 §5]
Sec. 6. Whenever, in an uncodified law or resolution of the Legislative Assembly or in a rule, document, record or proceeding authorized by the Legislative Assembly, reference is made to the local government boundary commission having jurisdiction in Lane County or a member or employee of the commission, the reference is considered to be, as appropriate, a reference to Lane County or an officer or employee of Lane County, or a city within Lane County or an officer or employee of the city. [2007 c.239 §6]
Sec. 7. On and after January 2, 2008, a boundary change, as defined in ORS 199.415, must be processed as provided in the appropriate provisions of ORS chapters 195, 198, 221 or 222. [2007 c.239 §7]
Sec. 16. (1) Sections 1, 3, 5 and 6 of this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act become operative on July 1, 2008.
(2) Lane County, cities within Lane County and the local government boundary commission having jurisdiction in Lane County may take any action necessary under sections 2, 4 and 7 of this 2007 Act before the operative date of sections 1, 3, 5 and 6 of this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act. [2007 c.239 §16]
Section: Previous 199.270 199.280 199.310 199.410 199.415 199.420 199.425 199.425 199.427 199.430 199.432 199.435 199.440 199.445 199.450 NextLast modified: August 7, 2008