74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1245
 
                         House Bill 2050
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Land Use)
 
 
                             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.
 
  Modifies requirements and procedure for city to annex territory
surrounded by city.
 
                        A BILL FOR AN ACT
Relating to annexation; creating new provisions; and amending ORS
  222.750.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 222.750 is amended to read:
  222.750.  { + (1) As used in this section, 'municipal services
' includes, but is not limited to, urban services as defined in
ORS 195.065.
  (2) If the governing body of a city finds by clear and
convincing evidence that annexation is necessary to provide
essential municipal services that are not otherwise available to
real property in territory that  + }  { - When territory not
within a city - } is surrounded by the corporate boundaries of
the city, or by the corporate boundaries of the city and the
ocean shore or a stream, bay, lake or other body of water,
 { - it is within the power and authority of that city to annex
such territory. However, - }   { + the city may annex the
territory pursuant to this section after holding at least one
public hearing on the subject for which notice has been mailed to
each record owner of real property in the territory proposed to
be annexed.
  (3) + } This section does not apply when the territory not
within a city { + :
  (a) + } Is surrounded entirely by water { + ; or
  (b) Is surrounded in part by a portion of the city that
consists only of a public right of way + }.
   { +  (4) + } Unless otherwise required by its charter,
annexation by a city under this section   { - shall - }
 { + must + } be by ordinance or resolution subject to
referendum, with or without the consent of any owner of property
within the territory or resident in the territory.
   { +  (5) Annexation by a city under this section must provide
for a phase-in of the rate of taxation for 10 fiscal years. The
rate of taxation may not exceed:
  (a) In the first fiscal year, 10 percent of the highest rate of
taxation for city purposes that applies to property in the city.
  (b) In the second fiscal year, 20 percent of the highest rate
of taxation for city purposes that applies to property in the
city.
  (c) In the third fiscal year, 30 percent of the highest rate of
taxation for city purposes that applies to property in the city.
  (d) In the fourth fiscal year, 40 percent of the highest rate
of taxation for city purposes that applies to property in the
city.
  (e) In the fifth fiscal year, 50 percent of the highest rate of
taxation for city purposes that applies to property in the city.
  (f) In the sixth fiscal year, 60 percent of the highest rate of
taxation for city purposes that applies to property in the city.
  (g) In the seventh fiscal year, 70 percent of the highest rate
of taxation for city purposes that applies to property in the
city.
  (h) In the eighth fiscal year, 80 percent of the highest rate
of taxation for city purposes that applies to property in the
city.
  (i) In the ninth fiscal year, 90 percent of the highest rate of
taxation for city purposes that applies to property in the city.
  (j) In the 10th fiscal year, 100 percent of the highest rate of
taxation for city purposes that applies to property in the
city. + }
  SECTION 2.  { + The amendments to ORS 222.750 by section 1 of
this 2007 Act apply to annexation ordinances or resolutions
adopted on or after the effective date of this 2007 Act. + }
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