73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 887
Sponsored by Senator RINGO, Representative GREENLICK;
Representatives AVAKIAN, BRUUN, FLORES, GARRARD, HUNT, KITTS,
KRUMMEL, OLSON
CHAPTER ................
AN ACT
Relating to annexations by cities; creating new provisions;
amending section 10, chapter 737, Oregon Laws 1987; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The City of Beaverton may not annex territory
as provided in ORS 222.750 and, notwithstanding any charter
provision to the contrary, the City of Beaverton may not annex
territory in any manner that does not require the city to obtain
approval of the residents of or the property owners in the
territory. + }
SECTION 2. { + Section 3 of this 2005 Act is added to and made
a part of ORS 195.205 to 195.225. + }
SECTION 3. { + (1) Notwithstanding ORS 195.205 (5), when the
governing body of a city proceeds with an annexation plan, the
governing body shall cause the annexation plan to be submitted
only to the electors of the territory proposed to be annexed
under the annexation plan at a general election or at a special
election held for that purpose.
(2) Notwithstanding ORS 195.215 (1), the governing body of the
city shall determine the results of the election from the
official figures returned by the county clerk. If the governing
body of the city finds that a majority of the votes cast in the
territory favor the annexation plan, the governing body, by
resolution or ordinance, shall proclaim the adoption of the
annexation plan. The proclamation declaring approval of the
annexation plan shall contain a legal description of each
territory annexed.
(3) Notwithstanding ORS 195.225 (4), after a local government
boundary commission reviews an annexation plan proposed by the
governing body of a city, the governing body of the city shall
submit the annexation plan to the electors of the territory
proposed to be annexed as provided in subsection (1) of this
section. + }
SECTION 4. { + (1) The Joint Legislative Committee on Land
Use, or another appropriate interim legislative committee, shall
consider and may propose legislation on the following issues:
(a) Alternatives to the statutory authority for annexation of
territory by a city pursuant to ORS 195.205 to 195.225, 222.111
to 222.180, 222.750 or 222.840 to 222.915 and annexations in an
Enrolled Senate Bill 887 (SB 887-BCCA) Page 1
area with a local government boundary commission pursuant to ORS
199.410 to 199.534.
(b) Possible changes in statutory authority designed to enhance
the long-term economic health and vitality of Oregon's
communities.
(2) The committee may encourage the formation of an informal
work group to assist the committee in arriving at a consensus
regarding viable recommendations. A work group formed pursuant to
this section shall include, at a minimum, representatives of:
(a) The League of Oregon Cities;
(b) The Association of Oregon Counties;
(c) Special districts;
(d) Developers;
(e) Financial institutions;
(f) Conservation or environmental groups;
(g) Business organizations; and
(h) Neighborhood associations organized in unincorporated
areas.
(3) The committee may file a proposed legislative measure for
presession filing on or before December 15, 2006, pursuant to ORS
171.130. + }
SECTION 5. { + (1) Notwithstanding any provision of ORS
195.205 to 195.225, 199.410 to 199.534, 222.111 to 222.180,
222.750 and 222.840 to 222.915, property described in subsection
(2) or (3) of this section may not be annexed by or to a city
unless the city receives consent to the annexation from the owner
of the property in the form of a petition for annexation.
(2) Property for which annexation is limited by subsection (1)
of this section is property:
(a) That is composed of one or more lots, parcels or tracts
that:
(A) Are owned by the same individual or entity, including an
affiliate or subsidiary of the entity;
(B) Are contiguous or are separated from each other only by a
public right of way, a stream, a bay, a lake or another body of
water; and
(C) Together comprise at least 150 acres;
(b) On which no electors reside;
(c) That was zoned for industrial, employment or
transit-oriented employment uses on December 31, 2004;
(d) That has private, on-premises security services; and
(e) That has an assessed valuation, including improvements, of
more than $12 million.
(3) Subsection (1) of this section applies to a lot, parcel or
tract that is owned by the same individual or entity, including
an affiliate or a subsidiary of the entity, that owns the
property described in subsection (2)(a) of this section if the
lot, parcel or tract:
(a) Is within two miles of the property described in subsection
(2)(a) of this section; and
(b) Contains 10 or more acres that are contiguous or separated
from each other only by a public right of way, a stream, a bay, a
lake or another body of water.
(4) A city may not obtain approval of an owner for annexation
under this section by requiring or requesting that the owner
waive remonstrance or agree to annexation in order to receive
utility service or other city services located in the city right
of way at the same price the city charges an owner of similar
property that is within the city. + } { + + }
Enrolled Senate Bill 887 (SB 887-BCCA) Page 2
SECTION 6. { + An area of land within the urban growth
boundary of the metropolitan service district established in the
Portland metropolitan area may not be annexed under ORS 222.750
if:
(1) The area of land is larger than seven acres and is zoned
for industrial use;
(2) The land is owned by an Oregon-based business entity that
has been in continuous operation, either directly or through a
predecessor, for at least 60 years; and
(3) The business entity employs more than 500 individuals on
the land. + }
SECTION 7. { + An area of land within the urban growth
boundary of the metropolitan service district established in the
Portland metropolitan area may not be annexed under ORS 222.750
if:
(1) The area of land is larger than 14 acres and is zoned for
industrial use;
(2) The land is owned by an Oregon-based business entity that
has been in continuous operation on a portion of the land for at
least 40 years; and
(3) The business entity employs more than 300 individuals on
the land. + }
SECTION 8. Section 10, chapter 737, Oregon Laws 1987, as
amended by section 1, chapter 226, Oregon Laws 1989, and section
1, chapter 226, Oregon Laws 1997, is amended to read:
{ + Sec. 10. + } Section 3, chapter 737, Oregon Laws 1987, is
repealed on { - July 1, 2009 - } { + June 30, 2035 + }.
SECTION 9. { + (1) Section 3 of this 2005 Act applies to an
election conducted on or after the effective date of this 2005
Act and before January 2, 2008.
(2) Sections 5, 6 and 7 of this 2005 Act apply to an annexation
of territory approved on or after March 1, 2005, and to an
annexation of territory proposed on or after the effective date
of this 2005 Act. + }
SECTION 10. { + Sections 1, 3 and 4 of this 2005 Act are
repealed on January 2, 2008. + }
SECTION 11. { + (1) Sections 5, 6 and 7 of this 2005 Act are
repealed on June 30, 2035.
(2) Notwithstanding subsection (1) of this section, unless this
section is amended, sections 5 and 6 of this 2005 Act are
repealed five years after June 30, 2035. + }
SECTION 12. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
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Enrolled Senate Bill 887 (SB 887-BCCA) Page 3
Passed by Senate April 19, 2005
Repassed by Senate August 1, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 17, 2005
Repassed by House August 2, 2005
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Speaker of House
Enrolled Senate Bill 887 (SB 887-BCCA) Page 4
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 887 (SB 887-BCCA) Page 5