199.464, state the time and place of the hearing and that any interested person may appear and shall be given a reasonable opportunity to be heard. ����� (3) A hearing may be adjourned or continued t

199.464, state the time and place of the hearing and that any interested person may appear and shall be given a reasonable opportunity to be heard.

����� (3) A hearing may be adjourned or continued to another time so long as notice of the continued hearing meets the requirements of ORS chapter 193. [Formerly 199.520; 1983 c.336 �8; 1989 c.92 �18]

����� 199.464 Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system. (1) Approval or disapproval under this section shall be based on the policy stated in ORS 199.410.

����� (2) Without the approval of a boundary commission, a district with territory in the jurisdiction of the commission may not initiate an additional function of the district. Any proposal by a district to initiate an additional function shall be referred immediately to the boundary commission that has jurisdiction of the territory in which the district lies. The district shall take no further action on the proposal unless the commission approves the proposal as proposed or modified.

����� (3) Except for lines which provide no extraterritorial service, without the approval of a boundary commission, a city or district with territory in the jurisdiction of the commission shall not extend a water or sewer line extraterritorially to an extent not effected on October 5, 1973. Tentative plans for such extraterritorial extension shall be submitted to the boundary commission that has jurisdiction of the territory in which the extension is proposed. If the commission disapproves the plans, no further action may be taken.

����� (4) Except as provided in subsection (5)(d) of this section, within territory subject to the jurisdiction of a boundary commission, no person may establish a community water supply system or a privately owned sewerage system or privately owned disposal system or extend a water line or sewer line without commission approval. Tentative plans for such approval shall be submitted to the boundary commission that has jurisdiction of the territory for which the establishment or extension is proposed. However, extension by a city or district of water lines or sewer lines shall be governed by subsection (3) of this section and the requirements of this section shall not apply to establishment of a city-owned or district-owned community water supply system within its boundaries.

����� (5)(a) A community water supply system within the territory subject to the jurisdiction of a commission may apply to the commission for allocation of service territory. If the territory is allocated to a community water supply system, no other community water supply system may serve within the territory without approval of the commission and the approval may not be given so long as the existing system is reliable and has an adequate quality and quantity of water.

����� (b) In condemning all or part of the properties and allocated service territory of a private community water supply system through eminent domain, the acquisition price shall be fair market value.

����� (c) No part of the acquisition price for all or part of a community water supply system acquired by eminent domain shall be specially assessed against the property within the acquired service territory, or its owners on a special benefit assessment basis.

����� (d) A community water supply system to which service territory has been allocated under this subsection may extend or establish water lines within the territory without further approval of the commission.

����� (6) Action which under this section requires approval by a boundary commission but is taken without that approval may be enjoined, upon suit in a court of competent jurisdiction, by the boundary commission in whose territorial jurisdiction the action is taken.

����� (7) As used in this section:

����� (a) �Community water supply system� means a source of water and distribution system whether publicly or privately owned that serves more than three residences or other users where water is provided for public consumption including, but not limited to, a school, farm labor camp, an industrial establishment, a recreational facility, a restaurant, a motel, a mobile home or manufactured dwelling park, or a group care home.

����� (b) �Disposal system� is that system described by ORS 468B.005, except for individual subsurface disposal systems.

����� (c) �Sewer line� includes every gravity sewer line that is eight inches or more in diameter and all force lines regardless of size, except a line connecting a sewer system with the premises of the user unless the line provides for extraterritorial extension of service.

����� (d) �Sewerage system� is that system described by ORS 468B.005.

����� (e) �Tentative plans� submitted to the boundary commission for approval shall include:

����� (A) For the establishment of a water system or extension of a water line:

����� (i) The source of the supply and quantity of water available.

����� (ii) The transmission, distribution and storage system size and location.

����� (iii) The proposed number of service connections, a map, and a legal description indicating the proposed service area.

����� (B) For the establishment of a sewer system or extension of a sewer line:

����� (i) The location of the treatment facility and outfall or other method of disposal.

����� (ii) The size and location of the collection system.

����� (iii) The proposed number of service connections, a map, and a legal description indicating the proposed service area.

����� (f) �Water line� includes every water line except a line connecting a community water supply system with the premises of the water user unless the line provides for extraterritorial extension of service. [1973 c.684 �2; 1975 c.330 �1; 1979 c.374 �3; 1979 c.880 �4; 1983 c.336 �9; 1989 c.92 �19; 1989 c.648 �58; 2003 c.469 �2; 2005 c.22 �149]

����� 199.465 [1969 c.494 �11; 1971 c.462 �10; 1973 c.433 �1; 1981 c.890 �6; renumbered 199.476]

(Boundary Change Procedure)

����� 199.466 Approval of annexation or extraterritorial extension without study or hearing; conditions; appeal. (1) When filing an annexation petition or application under ORS 199.464 (3) or (4) with a boundary commission, the principal petitioner may request that the petition or application be approved without the study, public hearing and adoption of a final order required under ORS 199.461. If such request is made, the executive officer of the commission, not later than the 15th day after the filing of the petition or application, shall prepare a brief analysis of the petition or application and a recommendation for disposition of the proceeding, and send a copy of the analysis and recommendation to each commission member, to the governing body of each city, county and district with territory affected by the annexation or extension, to the owners of the affected territory and to such other persons as may be required by the commission. If the executive officer fails to prepare the analysis and recommendation by the 15th day after the filing of the petition or application, then the petition or application shall be approved only after the study, public hearing and adoption of the final order required under ORS 199.461.

����� (2) If, within 25 days after the filing of an annexation petition or application for an extraterritorial water or sewer line extension, a person or governing body that received a copy of the executive officer�s analysis and recommendation under subsection (1) of this section does not ask in writing for a public hearing on the proceeding under ORS 199.461, the petition or application shall be considered approved by the commission. After such approval, the executive officer of the commission shall send written notification of the approval to the officials and persons described in ORS 199.461 (5) or (6). For an annexation petition, the notification shall contain a legal description and map describing the territory approved for annexation, and for an application under ORS 199.464 (3) or (4), a general description and map of the territory affected by the extension. If a request for a public hearing is received by the commission within the 25-day period after the filing, the commission shall proceed as provided by ORS 199.460 to 199.463 and 199.490 to 199.534.

����� (3) Any person, city, county or district may appeal the approval of a petition or tentative plans under this section as provided in ORS 199.461 (4). [1981 c.265 �14; 1983 c.336 �12; 1989 c.92 �20]

����� 199.468 Effective date of application submitted under ORS 199.464. If the boundary commission by its final order approves any application submitted pursuant to ORS 199.464, the application shall be effective at the time specified in the final order except that the effective date shall not be more than one year after the date the final order is adopted. If no effective date is specified in the final order, the order shall take effect on the date the order is adopted. [1983 c.336 �11]

����� 199.470 [1969 c.494 �12; repealed by 1971 c.462 �20]

����� 199.475 [1969 c.494 �13; 1971 c.462 �7; renumbered 199.461]

����� 199.476 When petition for major boundary change required; when economic feasibility statement required; effect of filing petition; effect of appeal. (1) When a major boundary change is initiated by a legally sufficient petition as provided by the principal Act, if the territory subject to the petition is within the jurisdiction of a boundary commission, the filing agency notwithstanding the principal Act, shall file, within 10 days after the petition is filed, a certified copy of the petition with the boundary commission having jurisdiction of the change. If the petition proposes formation, consolidation or merger of a city or district it shall be accompanied by the economic feasibility analysis and an estimate of the tax rate derived from the feasibility analysis that will be required to provide the services or functions of the proposed city or district. The analysis and estimate of the tax rate shall be prepared in cooperation with the county assessor and the Department of Revenue. The analysis shall include among other items a description of the services or functions to be performed or provided by the new unit and an analysis of their relationship to other existing or needed government services. The analysis shall also include a first year line item operating budget and a projected third year line item operating budget.

����� (2) The proceeding under the principal Act shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency. Suspension of the proceeding under this section shall not continue for more than 120 days after the date the commission receives the petition.

����� (3) If a final order is not adopted within the 120 days, the petition shall be considered approved by the commission.

����� (4) Notwithstanding subsection (3) of this section, if a final order of a commission is appealed for review by the Court of Appeals and a copy of the petition for judicial review is filed with the filing agency within 60 days after the date on which the final order is issued, the suspension period shall be extended and continue until the petition for judicial review is determined and the results thereof certified to the filing agency.

����� (5) A determination by the board of directors of a county service district that there is a public need for the continued existence of the district shall be reviewed as provided in this section. [Formerly 199.465; 1983 c.336 �13; 1987 c.504 �10; 1987 c.882 �10; 1989 c.92 �21]

����� 199.480 Filing of major boundary change order; effect of filing. In a proceeding for a major boundary change, a certified copy of the final order of the boundary commission shall be filed with the filing agency from which the commission received the petition. If the copy is so filed and:

����� (1) If the commission approved the petition as presented or as modified, the proceeding shall continue as provided by the principal Act; except that when a commission considers and enters a final order on a petition:

����� (a) The city council or county or district board need not call or hold a hearing on the petition and shall not change boundaries as described by the final order of the commission.

����� (b) An election on the proposed change, if required under the principal Act, shall be held on the next appropriate election date authorized under the principal Act or under ORS 203.085, 221.230 or 255.345.

����� (c) The final order, in a proceeding to merge or to consolidate districts or to dissolve a district and transfer its functions, assets and liabilities to a county service district, shall conclude the proceeding for all purposes; and the merger, consolidation or dissolution and transfer shall take effect on the date the order is adopted or at whatever date the commission specifies in its order which shall not be more than one year after the date the final order is adopted. A merger or consolidation to which this paragraph applies includes but is not limited to a merger or consolidation under ORS 198.705 to 198.955 that provides for joining a city to the surviving or successor district.

����� (2) If the commission disapproved the petition, the proceeding shall terminate.

����� (3) If the commission determines that a county service district subject to a determination of public need for continued existence shall be dissolved, it shall enter an order so providing and dissolution shall take effect at the end of the fiscal year in which the order of the commission is entered. [1969 c.494 �14; 1971 c.462 �11; 1973 c.664 �4; 1983 c.142 �12a; 1983 c.336 �14; 1987 c.504 �11; 1989 c.92 �22]

����� 199.483 [1987 c.882 �9; repealed by 1989 c.92 �39]

����� 199.485 Commission authority to initiate major boundary change; resolution as petition; content and filing of resolution. (1) A boundary commission may initiate a proceeding for a major boundary change in territory subject to its jurisdiction by adopting and within 10 days thereafter filing with the proper filing agency a resolution proposing the change and by proceeding in accordance with the principal Act of the affected city or district, ORS 199.476, 199.480 and this section. When the resolution is filed with the filing agency, thereafter for all purposes the resolution shall be considered as if it were a petition filed in accordance with the principal Act.

����� (2) The resolution shall:

����� (a) Identify the affected city or district;

����� (b) State the kind of boundary change proposed;

����� (c) Contain a legal description of the boundaries of the affected territory;

����� (d) If the proposal concerns a district, designate the principal Act of the affected district;

����� (e) Have attached a map showing the location of the affected territory; and

����� (f) Include whatever additional information the principal Act of the affected city or district authorizes or requires petitioners to include in or with a petition for such a boundary change.

����� (3) In proceedings initiated under this section, the filing agency is not required to send a copy of the resolution to the boundary commission, but the commission shall, except in formation proceedings, file a certified copy of the resolution with the affected city or district within five days after the date the resolution is filed with the filing agency, unless the city or district is the filing agency. [1969 c.494 �15; 1971 c.462 �12; 1973 c.664 �5]

����� 199.487 Commission authority to initiate minor boundary change; nonapplicability of certain boundary change procedures; effect of commission action. (1) Within the jurisdiction of a boundary commission, a minor boundary change proceeding may be initiated as provided by ORS 199.490. In addition, a city annexation proceeding may be initiated as provided by ORS 222.750 or 222.840 to 222.915. Minor boundary change proceedings shall be conducted as provided by this section and ORS