71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2603
House Bill 3223
Sponsored by Representative KRUMMEL
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Exempts special district that is annexing city at request of
city from election requirement of annexation procedure if certain
conditions exist. Allows electors of district to require election
by petition.
A BILL FOR AN ACT
Relating to annexation by special district; amending ORS 198.866.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 198.866 is amended to read:
198.866. (1) The governing body of a city may adopt a
resolution or motion to propose annexation to a district for the
purpose of receiving service from the district. Upon adoption of
an annexation proposal, the governing body of the city shall
certify to the district board a copy of the proposal.
(2) The district board shall approve or disapprove the city's
annexation proposal. If the district board approves the proposal,
the district board shall adopt an order or resolution { + that
includes a + } { - to - } call { + for + } an election in the
district { + unless otherwise provided in subsection (3) of this
section + }.
{ + (3) The district board is not required to call for an
election if:
(a) The population of the city is less than 10 percent of the
population of the district; or
(b) The entire boundary of the city is encompassed within the
boundary of the district.
(4) Notwithstanding subsection (3) of this section, if 10
percent of the electors or 100 electors of the district,
whichever is less, sign and present to the county board a
petition requesting an election, the board shall call for an
election in the district. The petition shall be in conformity, to
the greatest extent practicable, with ORS 198.750, 198.760,
198.765 and 198.770.
(5) + }The order or resolution of the district board shall
include the { + applicable + } matters specified in ORS 198.745.
In addition the order or resolution may contain a plan for zoning
or subdistricting the district as enlarged by the annexation if
the principal Act for the district provides for election or
representation by zone or subdistrict.
{ - (3) - } { + (6) + } The district board shall certify a
copy of the resolution or order to the governing body of the
city.
{ - (4) - } { + (7) + } Upon receipt of the resolution or
order of the district board, the governing body of the city shall
call an election in the city on the date specified in the order
or resolution of the district board.
{ - (5) - } { + (8) + } An election under this section
shall be held on a date specified in ORS 255.345 that is not
sooner than the 90th day after the date of the district order or
resolution calling the election.
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