Chapter 199 — Local
Government Boundary Commissions; City-County Consolidation
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
BOUNDARIES; CONSOLIDATION
MISCELLANEOUS MATTERS
LOCAL GOVERNMENT BOUNDARY COMMISSIONS
(Temporary provisions relating to
requirements for annexation of certain industrial lands are compiled as notes
preceding ORS 199.410)
(Generally)
199.410 Policy
199.415 Definitions
for ORS 199.410 to 199.534
199.420 “District”
defined for ORS 199.410 to 199.534
(Commission)
199.430 Procedure
for creating commissions by local resolution or petition
199.432 Status
of commission as state agency; application of certain laws
199.435 Organization
of commission created under ORS 199.430
199.440 Membership;
appointment; qualifications; term; vacancy
199.445 Quorum;
voting requirements for certain matters
199.450 Advisory
committee; membership; function; term
199.452 Adoption
of rules
199.455 Expenses
of members; employees; cooperation of local governments
199.457 Finances;
tax levy by county; donations; service charges; assessments
(Jurisdiction; General Procedure)
199.460 Jurisdiction
of boundary commission over boundary changes
199.461 Study
of proposed boundary change or other action; hearing; action by commission;
judicial review; notice to public officials
199.462 Standards
for review of boundary changes; territory that may not be included in certain
boundary changes
199.463 Notice;
hearing
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
(Boundary Change Procedure)
199.466 Approval
of annexation or extraterritorial extension without study or hearing;
conditions; appeal
199.468 Effective
date of application submitted under ORS 199.464
199.476 When
petition for major boundary change required; when economic feasibility
statement required; effect of filing petition; effect of appeal
199.480 Filing
of major boundary change order; effect of filing
199.485 Commission
authority to initiate major boundary change; resolution as petition; content
and filing of resolution
199.487 Commission
authority to initiate minor boundary change; nonapplicability of certain
boundary change procedures; effect of commission action
199.490 Procedure
for minor boundary changes or transfers of territory
199.495 Effective
date of certain annexations; nonapplicability of certain health hazard
annexation procedures
199.500 Commission
to notify counties of certain annexations with delayed effective date
199.505 Effective
date of minor boundary changes; objections; election
199.507 Effective
date of transfer of territory; objections; election
199.510 Financial
effects of transfer or withdrawal; exceptions
199.512 Commission
proceedings for district formation or annexation to relieve public health
danger
199.519 Effective
date of boundary change; filing boundary change with county assessor and
Department of Revenue
199.522 Economic
feasibility analysis for proposed city; filing with commission prior to filing
incorporation petition; review of analysis by commission; approval or rejection
199.526 Time
limit for obtaining signatures on petition for incorporation of city
199.531 Policy
199.534 Legislative
annexation of territory to cities and districts; effective date; effect on
other minor boundary changes
CITY-COUNTY CONSOLIDATION
(Generally)
199.705 Definitions
for ORS 199.705 to 199.795
199.710 Short
title
199.715 City-county
consolidation authorized
199.720 Initiation
of consolidation proceedings by resolution or petition
(Commission)
199.725 Charter
commission; appointment; term; first meeting; chairperson; appropriation for
expenses
199.730 Functions
of charter commission; rules
(Consolidation)
199.735 Election
on consolidation; on merger
199.740 Effect
of election
199.742 Charter
requirements if consolidation is rejected in unincorporated area
199.743 Financial
affairs of city-county if charter becomes effective during fiscal year
199.745 First
governing body of city-county
199.750 Status
of city-county
199.753 City-county
service district
199.755 Receipt
of state funds by city-county
199.760 Boundaries
of city-county; effect of change; filing boundary change with county assessor
and Department of Revenue
199.765 Permanent
rate limit for operating taxes of city-county
199.770 Status
of employees after consolidation
199.775 Effect
of city-county incorporation
(County Formation or Boundary Change
After Consolidation)
199.777 New
county or county boundary change authorized when unincorporated area rejects
consolidation
199.780 Petition
for county formation or boundary change; contents; required number of
signatures
199.783 Division
of assets when petition is for boundary change; commissioners to adopt plan for
division; appointment of commissioners; effect of plan
199.785 Election
on county formation or boundary change; election procedure; ballot title
199.787 Certification
of election results
199.790 Issuance
of proclamation by Governor
199.795 Operation
and effect of proclamation
199.110 [1963
c.516 §1; 1965 c.69 §1; repealed by 1969 c.130 §3]
199.120 [1963
c.516 §2; 1965 c.69 §2; repealed by 1969 c.130 §3]
199.130 [1963
c.516 §3; repealed by 1969 c.130 §3]
199.140 [1963
c.516 §4; repealed by 1969 c.130 §3]
199.150 [1963
c.516 §§5,6,19; 1969 c.130 §1; repealed by 1969 c.130 §3]
199.160 [1963
c.516 §7; repealed by 1969 c.130 §3]
199.170 [1963
c.516 §8; repealed by 1969 c.130 §3]
199.180 [1963
c.516 §9; 1969 c.130 §2; repealed by 1969 c.130 §3]
199.210 [1963
c.516 §10; repealed by 1969 c.130 §3]
199.220 [1963
c.516 §11; repealed by 1969 c.130 §3]
199.230 [1963
c.516 §§12,13; repealed by 1969 c.130 §3]
199.240 [1963
c.516 §14(1); repealed by 1969 c.130 §3]
199.250 [1963 c.516
§15; repealed by 1969 c.130 §3]
199.260 [1963
c.516 §14(2); repealed by 1969 c.130 §3]
199.270 [1963
c.516 §16; repealed by 1969 c.130 §3]
199.280 [1963
c.516 §17; repealed by 1969 c.130 §3]
199.310 [1963
c.516 §18; repealed by 1969 c.130 §3]
LOCAL GOVERNMENT BOUNDARY COMMISSIONS
(Temporary provisions relating to requirements
for annexation of certain industrial lands)
Note:
Sections 3, 4 and 11, chapter 539, Oregon Laws 2005, provide:
Sec. 3.
Section 4 of this 2005 Act is added to and made a part of ORS 199.410 to
199.534. [2005 c.539 §3]
Sec. 4. (1) A
lot, parcel or tract may not be included in territory proposed to be annexed
unless the owner of the lot, parcel or tract gives written consent to the
annexation, if the lot, parcel or tract:
(a)
Is zoned for industrial use or designated for industrial use zoning in an
acknowledged comprehensive plan;
(b)
Is land on which no electors reside, unless one or more electors living on-site
are employed or engaged to provide security services for the industrial user of
the land;
(c)
Has an assessed value of more than $2 million, including improvements; and
(d)
Is in unincorporated Jackson County, either:
(A)
Within the urban unincorporated community of White City, west of Oregon Route
62; or
(B)
Within the urban growth boundary of the City of Medford, west of Oregon Route
99.
(2)
After annexation of a lot, parcel or tract described in subsection (1) of this
section, the development rights that apply to the lot, parcel or tract under
the industrial zoning classification applicable to the lot, parcel or tract
when it is annexed are retained and run with the lot, parcel or tract.
(3)
As used in this section, “urban unincorporated community” means an
unincorporated community that:
(a)
Includes at least 150 permanent residential dwelling units;
(b)
Contains a mixture of land uses, including three or more public, commercial or
industrial land uses;
(c)
Includes areas served by a community sewer system; and
(d)
Includes areas served by a community water system. [2005 c.539 §4]
Sec. 11.
Sections 2, 4, 6, 8 and 10 of this 2005 Act are repealed June 30, 2016. [2005
c.539 §11]
(Generally)
199.410 Policy.
(1) The Legislative Assembly finds that:
(a)
A fragmented approach has developed to public services provided by local
government. Fragmentation results in duplications in services and resistance to
cooperation and is a barrier to planning implementation. Such an approach has
limited the orderly development and growth of Oregon’s urban areas to the
detriment of the citizens of this state.
(b)
The programs and growth of each unit of local government affect not only that
particular unit but also the activities and programs of a variety of other
units within each urban area.
(c)
As local programs become increasingly intergovernmental, the state has a
responsibility to insure orderly determination and adjustment of local
government boundaries to best meet the needs of the people.
(d)
Local comprehensive plans define local land uses but may not specify which
units of local government are to provide public services when those services
are required.
(e)
Urban population densities and intensive development require a broad spectrum
and high level of community services and controls. When areas become urbanized
and require the full range of community services, priorities are required
regarding the type and levels of services that the residents need and desire.
Community service priorities need to be established by weighing the total
service needs against the total financial resources available for securing
services. Those service priorities are required to reflect local circumstances,
conditions and limited financial resources. A single governmental agency,
rather than several governmental agencies is in most cases better able to
assess the financial resources and therefore is the best mechanism for
establishing community service priorities.
(2)
It is the intent of the Legislative Assembly that each boundary commission
establish policies and exercise its powers under this chapter in order to
create a governmental structure that promotes efficiency and economy in
providing the widest range of necessary services in a manner that encourages
and provides planned, well-ordered and efficient development patterns.
(3)
The purposes of ORS 199.410 to 199.534 are to:
(a)
Provide a method for guiding the creation and growth of cities and special
service districts in Oregon in order to prevent illogical extensions of local
government boundaries and to encourage the reorganization of overlapping
governmental agencies;
(b)
Assure adequate quality and quantity of public services and the financial
integrity of each unit of local government;
(c)
Provide an impartial forum for the resolution of local government
jurisdictional questions;
(d)
Provide that boundary determinations are consistent with acknowledged local
comprehensive plans and are, in conformance with statewide planning goals. In
making boundary determinations the commission shall first consider the
acknowledged comprehensive plan for consistency of its action. Only when the
acknowledged local comprehensive plan provides inadequate policy direction
shall the commission consider the statewide planning goals. The commission
shall consider the timing, phasing and availability of services in making a
boundary determination; and
(e)
Reduce the fragmented approach to service delivery by encouraging single agency
service delivery over service delivery by several agencies. [1969 c.494 §1;
1981 c.265 §1; 1989 c.92 §8; 1997 c.541 §347]
199.415 Definitions for ORS 199.410 to
199.534. As used in ORS 199.410 to 199.534,
unless the context requires otherwise:
(1)
“Affected city” means a city, city-county or cities, named in a petition, for
which a boundary change is proposed or a city, city-county or cities, named in
a final order, for which a boundary change is ordered.
(2)
“Affected district” means a district or districts, named in a petition, for
which a boundary change is proposed or a district or districts, named in a final
order, for which a boundary change is ordered.
(3)
“Affected territory” means territory described in a petition.
(4)
“Boundary change” means a major or minor boundary change.
(5)
“Boundary commission” or “commission” means a local government boundary commission
formed under ORS 199.410 to 199.534.
(6)
“City council” means the governing body of a city.
(7)
“County board” means the county court or board of county commissioners of a
county located within the jurisdiction of a boundary commission or proposed
boundary commission.
(8)
“District” means one of the districts named in ORS 199.420.
(9)
“District board” means the governing body of a district.
(10)
“Filing agency” means the county board, district board, city council or other
public officer or agency designated by the principal Act to receive or take the
first action on a petition for a boundary change.
(11)
“Major boundary change” means formation, merger, consolidation or dissolution
of a city or district.
(12)
“Minor boundary change” means an annexation, withdrawal or transfer of
territory to or from a city or district or a transfer of territory from a
city-county to a city.
(13)
“Owner” means the owner of the title to real property or the contract purchaser
of real property, of record as shown on the last available complete assessment
roll.
(14)
“Petition” includes resolution, order, articles of incorporation and any other
form of initiatory action for a boundary change.
(15)
“Principal Act” means, with reference to a city, ORS chapters 221, except ORS
221.230, and 222 and, with reference to a district, the statutes, other than
ORS 199.410 to 199.534, which describe the powers of an affected district
including but not limited to the statutes under which a district is proposed or
is operating.
(16)
“Proceeding” means a proceeding to consider a boundary change.
(17)
“Transfer of territory” means the process of simultaneous withdrawal and
annexation of territory from one district to another district organized under
the same principal Act other than ORS 198.705 to 198.955, or the simultaneous
withdrawal and annexation of territory from one city or city-county to another
city.
(18)
“Withdrawal” includes the detachment, disconnection or exclusion of territory
from an existing city or district. [1969 c.494 §2; 1971 c.462 §1; 1973 c.664 §1;
1975 c.361 §1; 1989 c.92 §9; 1997 c.494 §18]
199.420 “District” defined for ORS 199.410
to 199.534. As used in ORS 199.410 to 199.534,
unless the context requires otherwise, “district” means one of the following:
(1)
Domestic water supply district organized under ORS chapter 264.
(2)
Park and recreation district organized under ORS chapter 266.
(3)
Metropolitan service district organized under ORS chapter 268.
(4)
Highway lighting district organized under ORS chapter 372.
(5)
Sanitary district organized under ORS 450.005 to 450.245.
(6)
Sanitary authority, water authority or joint water and sanitary authority
organized under ORS 450.600 to 450.989.
(7)
County service district organized under ORS chapter 451.
(8)
Vector control district organized under ORS 452.020 to 452.170.
(9)
Rural fire protection district organized under ORS chapter 478.
(10)
Geothermal heating district organized under ORS chapter 523.
(11)
Corporations organized under ORS chapter 554 for the purpose of supplying water
for domestic use or any other district supplying or seeking to supply domestic
water.
(12)
Library district organized under ORS 357.216 to 357.286.
(13)
Special road district organized under ORS 371.305 to 371.360.
(14)
Heritage district organized under ORS 358.442 to 358.474. [1969 c.494 §3; 1971
c.462 §2; 1975 c.782 §49; 1983 c.336 §1; 1987 c.863 §7; 1989 c.92 §10; 1993
c.577 §16; 2007 c.562 §23]
(Commission)
199.425 [1969
c.494 §4; 1979 c.152 §1; 1981 c.265 §2; 1997 c.516 §1; repealed by 2007 c.239 §15]
199.427 [1993
c.424 §1; repealed by 1997 c.516 §15]
199.430 Procedure for creating commissions
by local resolution or petition. (1) A
boundary commission may be created as provided by this section with territorial
jurisdiction in one county or in two or more contiguous counties. A commission
may be created by:
(a)
Similar resolutions creating a commission adopted by the county board of each
of the counties within the jurisdiction of the commission; or
(b)
Similar petitions, signed by the electors of each county within the
jurisdiction of the proposed commission, requesting the creation of a
commission having jurisdiction within the counties, filed with and approved by
order of the county boards of each county in the jurisdiction of the
commission.
(2)
Each petition filed with a county board requesting creation of a boundary
commission shall be signed by not less than 10 percent of the registered
electors of the county. The petition shall be approved by the county board if
it finds that the needs of the local government units in the territory
described in the petition and the public interest would be benefited by the
establishment of a boundary commission to carry out the purposes described by
ORS 199.410.
(3)
A resolution creating or an order approving the creation of a boundary
commission is effective on:
(a)
The date the last county board in the jurisdiction of the commission adopts the
resolution or order; or
(b)
The date specified in the order, or resolution, but not more than 60 days after
the adoption of the resolution or order.
(4)
When a commission is created under this section, copies of the resolutions or
orders of the county boards shall be filed with the Governor, the Secretary of
State, and the county clerk and the assessor of each county within the
jurisdiction of the commission.
(5)
A commission created as provided by this section shall not have jurisdiction of
any proceeding initiated prior to the effective date of the resolution or order
creating such commission. [1969 c.494 §5; 1971 c.462 §3; 1979 c.645 §1; 1980
c.14 §4; 1981 c.265 §3; 2007 c.239 §10]
199.432 Status of commission as state
agency; application of certain laws. (1) A
boundary commission created under ORS 199.430 may sue and be sued, enter into
contracts and perform such other actions as may be necessary to carry out the
provisions of ORS 199.410 to 199.534.
(2)
A boundary commission is a state agency as defined in ORS 291.002 and is not
subject to the provisions of ORS 291.201 to 291.226, 291.232 to 291.260,
291.371, 291.373, 291.375 or 291.385.
(3)
A boundary commission employing personnel under ORS 199.455 shall provide
employee benefits provided to state management service employees. [1979 c.545 §3;
1981 c.265 §4; 1983 c.336 §2; 1989 c.92 §11; 2003 c.14 §99; 2003 c.734 §15;
2007 c.239 §11]
199.435 Organization of commission created
under ORS 199.430. (1) The members of the first
board of a commission formed under ORS 199.430 shall be appointed within 90
days after the commission is created.
(2)
Notwithstanding ORS 199.440, of the first appointees to a commission formed
under ORS 199.430, one shall serve for one year, two for two years, two for
three years and two for four years. The respective terms of the first appointees
shall be determined by lot at the first meeting of the commission.
(3)
The Governor shall fix the time and place of the first meeting and notify the
members of the commission thereof. The first meeting shall be an organizational
meeting. [1969 c.494 §8]
199.440 Membership; appointment; qualifications;
term; vacancy. (1) A boundary commission shall have
seven members.
(2)
The Governor may appoint all members of a commission from a list of names
obtained from cities, counties and districts within the area of jurisdiction of
the boundary commission. The Governor shall prepare the list annually and keep
it current so timely appointments will be made as vacancies occur. The Governor
shall endeavor to appoint members from the various cities, counties and districts
so as to provide geographical diversity of representation on the commission.
(3)
To be qualified to serve as a member of a commission, a person must be a
resident of the area subject to the jurisdiction of the commission. A person
who is an elected or appointed officer or employee of a city, county or
district may not serve as a member of a commission. No more than two members of
a commission shall be engaged principally in the buying, selling or developing
of real estate for profit as individuals, or receive more than half of their
gross income as or be principally occupied as members of any partnership, or as
officers or employees of any corporation, that is engaged principally in the
buying, selling or developing of real estate for profit. No more than two
members of a commission shall be engaged in the same kind of business, trade,
occupation or profession.
(4)
A member shall be appointed to serve for a term of four years. A person shall
not be eligible to serve for more than two consecutive terms, exclusive of:
(a)
Any service for the unexpired term of a predecessor in office.
(b)
Any term less than four years served on the commission first appointed.
(5)
A commission may declare the office of a member vacant for any cause set out by
ORS 236.010 or for failure, without good reason, to attend two consecutive
meetings of the commission. A vacancy shall be filled by the Governor. If the
Governor has not filled a vacancy within 45 days after the vacancy occurs,
then, and until such time as the vacancy is filled, the remaining members of a
commission shall comprise and act as the full membership of the commission for
purposes of ORS 199.445. [1969 c.494 §6; 1975 c.653 §1; 1979 c.374 §1; 1981
c.265 §5; 1989 c.92 §12b; 1989 c.321 §4; 1991 c.15 §1; 1997 c.516 §2]
199.445 Quorum; voting requirements for
certain matters. A majority of the members of a
commission constitute a quorum for the transaction of business, and a majority
of a quorum may act for the commission. However, the approval of a majority of
the members of the commission is required to:
(1)
Adopt a final order under ORS 199.461.
(2)
Adopt rules under ORS 199.452. [1969 c.494 §9; 1971 c.462 §4]
199.450 Advisory committee; membership;
function; term. (1) Each boundary commission
shall appoint an advisory committee to advise and assist the commission in
carrying out the purposes of ORS 199.410 to 199.534. An advisory committee
shall consist of nine members who are residents within the jurisdiction of the
commission. Except for the public members, to be qualified to serve on a
committee a person shall be a member of the governing body of a city, county or
district located within the jurisdiction of the commission. The members shall
include two city officers, two county officers, two district officers and three
public members, one of whom shall serve as chairperson of the advisory
committee. A governing body shall not have more than one member on the advisory
committee. When only one county is under the jurisdiction of a boundary
commission, then the committee shall consist of three city officers, one county
officer, three district officers and the two public members. Any member of the
committee may designate a representative who is an officer or employee of the
member’s city, county or district to appear and act for that member at any
meeting of the committee.
(2)
The advisory committee shall meet as necessary. The advisory committee shall
also meet on the call of the commission.
(3)(a)
The committee may review each petition filed with the commission except a
petition filed under ORS 199.495. If the committee reviews a petition, it may
submit a recommendation on the petition to the boundary commission within 30
days after the petition is filed with the commission.
(b)
The committee shall review each administrative rule of the commission prior to
its adoption. The committee may propose any changes to the commission’s rules,
policies or practices as it deems necessary or desirable.
(4)
In addition to its other functions and duties, the advisory committee shall
review the annual budget of the boundary commission and any assessments levied
under ORS 199.457. The advisory committee shall meet with the commission and
may make such recommendations relating to the budget or assessments as it deems
necessary or prudent. The budget or an assessment levied under ORS 199.457
shall be effective only when approved by the advisory committee.
(5)
A member shall serve for a term of two years. Of the members first appointed,
however, four shall serve for terms of one year and five shall serve for terms
of two years. The respective terms of the members shall be determined by lot at
the first meeting of the advisory committee. [1969 c.494 §9a; 1971 c.462 §5;
1981 c.265 §6; 1983 c.336 §3; 1989 c.92 §13]
199.452 Adoption of rules.
A commission shall adopt, and may from time to time amend, rules to govern the
proceedings before the commission. Except as provided in ORS 183.315 (1), a
commission shall adopt and amend its rules in accordance with ORS chapter 183. [Formerly
199.525; 1983 c.336 §4]
199.455 Expenses of members; employees;
cooperation of local governments. (1) Each
member of a boundary commission may receive travel and other expenses
incidental to the performance of duties.
(2)
A commission shall employ an executive officer and may employ administrative,
clerical and technical assistants for carrying on its functions and it shall
fix their compensation.
(3)
The governing bodies of cities, counties and districts located within the area
of jurisdiction of a boundary commission shall cooperate when requested with
the boundary commission by providing information, records, materials and other
forms of support and, if available, consulting services and staff assistance. [Formerly
199.530; 1981 c.265 §7]
199.457 Finances; tax levy by county;
donations; service charges; assessments. (1) Any
county located within the jurisdiction of a boundary commission may levy taxes
and expend funds for the purposes of ORS 199.410 to 199.534.
(2)
A boundary commission may accept any funds, property or services, or the use of
any property donated by any person, district, city or county in carrying out
the purposes of ORS 199.410 to 199.534.
(3)
A boundary commission, with the approval of the advisory committee appointed
under ORS 199.450, may establish and collect reasonable service charges from
persons, cities, the county or counties and special districts within its
jurisdiction to defray the costs of operating the commission and carrying out
the purposes of ORS 199.410 to 199.534. Such charges shall include, but not be
limited to, fees for filing a petition or resolution for a boundary change with
the commission.
(4)
In addition to any service charges established under subsection (3) of this
section, a boundary commission may determine it is necessary to charge cities
and counties within its jurisdiction for services and activities carried out
under ORS 199.410 to 199.534. If the commission determines that it is necessary
to charge cities and counties within its jurisdiction for any fiscal year, the
commission shall determine, with the approval of the advisory committee
appointed under ORS 199.450, the total amount to be charged and shall assess
each city and county with the portion of the total amount as the population of
the portion of the city or county within the jurisdiction of the commission
bears to the total population of the area within the jurisdiction of the
commission. For the purposes of this subsection, the population of a county
does not include the population of any city situated within the boundaries of
that county.
(5)
In addition to any service charges, established under subsection (3) of this
section, a boundary commission may determine it is necessary to charge
districts within its jurisdiction for services and activities carried out under
ORS 199.410 to 199.534. If the commission determines that it is necessary to
charge districts within its jurisdiction for any fiscal year, the commission
shall determine, with the approval of the advisory committee appointed under
ORS 199.450, the total amount to be charged and shall assess each district with
the portion of the total amount as the assessed valuation of the district
within the jurisdiction of the commission bears to the total assessed valuation
of all districts within the jurisdiction of the commission. However,
assessments shall not be made by a boundary commission under this subsection
against a highway lighting district organized under ORS chapter 372, a vector
control district organized under ORS chapter 452 or a county service district
organized under ORS chapter 451 for the purpose of providing street lighting
works or vector control.
(6)
For each fiscal year beginning on or after July 1, 1982, the commission shall
notify each city, county or district governing body of its intent to levy an
assessment under this section and the amount of the assessment for each city,
county and district at least 120 days before the beginning of the fiscal year
for which the assessment will be made.
(7)
The decision of the commission to assess the cities, counties and districts
within its jurisdiction, and the amount of the assessment upon each, shall be
binding upon those governmental bodies. Cities, counties and districts shall
pay their assessment in equal quarterly payments as the commission may require
except that any city or district with a total annual assessment of less than
$100 shall pay the total assessment in one installment at the time specified
for the second quarterly payment.
(8)
When a city or district located in a county outside the jurisdiction of a
boundary commission annexes or otherwise incorporates territory located within
the jurisdiction of a boundary commission, the boundary commission shall assess
the city or district with the portion of the total amount determined under
subsection (4) or (5) of this section as the assessed valuation of the
territory of the city or district within the jurisdiction of the boundary
commission bears to the total assessed valuation of the entire city or
district. [Formerly 199.535; 1981 c.265 §8; 1983 c.336 §5; 1989 c.92 §14; 1997
c.516 §3; 2007 c.239 §12]
199.458 [1987
c.882 §6; 1997 c.516 §4; repealed by 2007 c.239 §15]
199.459 [1981
c.793 §1; 1997 c.516 §5; repealed by 2007 c.239 §15]
(Jurisdiction; General Procedure)
199.460 Jurisdiction of boundary commission
over boundary changes. (1) A boundary commission has
jurisdiction of a proceeding to consider a boundary change if any part of the
territory included or proposed to be included within the affected city or
district is within the jurisdiction of the commission.
(2)
If the territory subject to the proceeding is within the jurisdiction of two or
more commissions, the highest assessed value commission shall have primary
jurisdiction in the conduct of the proceeding under ORS 199.410 to 199.534, and
all other commissions having jurisdiction of the territory shall cooperate in
the conduct of the proceeding. On the call of the highest assessed value
commission, the commissions shall meet as a joint commission to hold hearings
and to adopt a final order in the proceeding. As used in this subsection, “highest
assessed value commission” means the commission having jurisdiction of the
greatest portion of the taxable assessed valuation of the affected territory. [1969
c.494 §10; 1971 c.462 §6; 1989 c.92 §15; 1997 c.516 §6]
199.461 Study of proposed boundary change
or other action; hearing; action by commission; judicial review; notice to
public officials. (1) When the boundary commission
receives a petition in a boundary change proceeding or an application for any
proceeding allowed under ORS 199.464, it shall:
(a)
Cause a study to be made of the proposal.
(b)
Conduct one or more public hearings on the proposal.
(2)
After the study and hearings, the boundary commission may alter the boundaries
set out in a petition for formation or a minor boundary change of a city or
district or in a petition for consolidation of cities so as either to include
or exclude territory. If the commission determines that any land has been
improperly omitted from the proposal and that the owner of the land has not
appeared at the hearing, in person or by a representative designated in
writing, the commission shall continue the hearing on the petition and shall
order notice given to the nonappearing owner requiring appearance of the owner
before the commission to show cause, if any, why the land should not be
included in the proposal. For minor boundary change modifications, notice to
nonappearing owners may be given by personal service or by letter sent by
first-class mail, at least 10 days prior to the date to which the hearing has
been continued. For major boundary change modifications, notice to nonappearing
owners may be given by personal service, by letter sent by first-class mail or
by a legal advertisement in a newspaper of general circulation in the area at
least 15 days prior to the date to which the hearing has been continued. The
required notice may be waived by the nonappearing owner.
(3)
After the study and hearings the boundary commission may alter the application
for extraterritorial sewer or water line extensions to include or exclude line
and connections thereto, and may alter the application for formation of a
privately owned sewer or water system or allocation of territory to a community
water supply system to include or exclude territory. If the commission
determines that any land has been improperly omitted from a proposal to form a
private water or sewer system or allocate territory to a community water
system, or that any line or connections have been improperly omitted from a
proposal to extend extraterritorially a water or sewer line, and that the owner
of the property to be included or to which the line is being extended has not
appeared at the hearing, in person or by a representative designated in
writing, the commission shall continue the hearing on the proposal and shall
order notice given to the nonappearing owner requiring appearance of the owner
before the commission to show cause, if any, why the land or line or connection
should not be included in the proposal. Notice to nonappearing owners may be
given by personal service or by letter sent by first-class mail, at least 10
days prior to the date to which the hearing has been continued. The required
notice may be waived by the nonappearing owner.
(4)
On the basis of the study and on the basis of the facts presented at the
hearing, the boundary commission shall approve the proposed boundary change or
application under ORS 199.464 as presented or as modified by the commission or
disapprove the proposed change, by an order stating the reasons for the
decision of the commission. Jurisdiction for judicial review of such an order
is conferred upon the Court of Appeals. Except as provided in ORS 183.315 (1),
any person interested in a boundary change may petition for judicial review of
the order under ORS 183.482.
(5)
Immediately after the effective date of a final order entered under subsection
(4) of this section and a proclamation declaring a minor boundary change approved
if any is entered under ORS 199.505 (3), the commission shall file a copy of
the order and proclamation, if any, with the Secretary of State, the Department
of Revenue, the assessor and the county clerk of each county in which the
affected territory, city or district is located, and the clerk of the affected
city or district. If the commission disapproves a minor boundary change, it
shall send a copy of the final order to the person who actually filed the
petition and to the affected city or district.
(6)
Immediately after the effective date of a final order on an application under
ORS 199.464, the commission shall file a copy of the order with the applicant,
the Oregon Health Authority, the Department of Environmental Quality and the
county planning department. [Formerly 199.475; 1979 c.772 §16; 1981 c.265 §9;
1983 c.336 §6; 1989 c.92 §16; 2009 c.595 §176]
199.462 Standards for review of boundary
changes; territory that may not be included in certain boundary changes.
(1) In order to carry out the purposes described by ORS 199.410 when reviewing
a petition for a boundary change or application under ORS 199.464, a boundary
commission shall consider local comprehensive planning for the area, economic,
demographic and sociological trends and projections pertinent to the proposal,
past and prospective physical development of land that would directly or
indirectly be affected by the proposed boundary change or application under ORS
199.464 and the goals adopted under ORS 197.225.
(2)
Subject to any provision to the contrary in the principal Act of the affected
district or city and subject to the process of transfer of territory:
(a)
Territory within a city may not be included within or annexed to a district
without the consent of the city council;
(b)
Territory within a city may not be included within or annexed to another city;
and
(c)
Territory within a district may not be included within or annexed to another
district subject to the same principal Act. [Formerly 199.515; 1975 c.361 §2;
1979 c.374 §2; 1981 c.748 §18; 1983 c.336 §7; 1989 c.92 §17]
199.463 Notice; hearing.
(1) Notice of a public hearing conducted by a boundary commission under ORS
199.461 shall be published by at least one insertion in a newspaper of general
circulation in the affected city, district or territory not more than 25 days
nor less than 15 days before the hearing. A second notice may be published
either by a second insertion in a newspaper of general circulation in the
affected city, district or territory or by letter sent first-class mail
addressed to each owner of land in the affected territory not more than 15 days
nor less than 8 days before the hearing. The commission may also cause the
notice to be posted in not less than three public places within the affected
city, district or territory at least 15 days before the hearing. The commission
may provide for publication by broadcasting on radio or television stations.
(2)
Notice of a hearing shall describe the proposed boundary change or application
under ORS 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 199.490 to 199.534.
(2)
ORS 222.111 to 222.180, 222.460 and the statutes of the state that govern
annexation of territory to, or withdrawal of territory from, districts do not
apply in territory subject to the jurisdiction of a boundary commission.
However, a city annexation proposal initiated under ORS 199.490 may include a
tax differential proposal authorized by ORS 222.111 (3). Notwithstanding ORS
199.490 (2)(b), 222.173 (1), 222.175 or any other requirement for obtaining
consent to annexation, a city or district may use a consent to annexation
contained in contracts authorized by ORS 198.869 or 222.115 in formulating
annexation proposals or petitions under ORS 198.855, 199.490 (2), 222.125 or
222.170 for properties whose owners have signed such consents to annexation.
ORS 222.530 shall not apply in territory subject to the jurisdiction of a
boundary commission unless the affected territory constitutes at least 60
percent of the area and 60 percent of the assessed value of the district.
(3)
Notwithstanding any charter or statutory provision to the contrary, a final
order or a proclamation of a boundary commission declaring a minor boundary
change approved is effective to change the boundary of the city or district
without the necessity of any further action by the electors or the governing
body of the city or district. [Formerly 199.540; 1979 c.880 §3; 1983 c.336 §15;
1985 c.702 §17; 1989 c.92 §23; 1989 c.1063 §12; 1991 c.637 §6]
199.490 Procedure for minor boundary
changes or transfers of territory. (1) A
proceeding for a minor boundary change other than a transfer of territory may
be initiated:
(a)
By resolution of the governing body of the affected city or district;
(b)
By petition signed by 10 percent of the electors registered in the affected
territory;
(c)
By petition signed by the owners of at least one-half the land area in the
affected territory;
(d)
By resolution of a boundary commission having jurisdiction of the affected
territory; or
(e)
When the minor boundary change is a withdrawal of a city from a district, by
resolution of the governing body of the city, which shall be an affected city
for the purposes of ORS 199.410 to 199.534.
(2)(a)(A)
An annexation proceeding may also be initiated by a resolution adopted by the
governing body of the affected city or district upon receiving consent to annex
their land in writing from more than half of the owners of land in the
territory proposed to be annexed, who also own more than half of the land in the
territory proposed to be annexed and of real property therein representing more
than half of the assessed value of all real property in the territory proposed
to be annexed.
(B)
A resolution adopted by the governing body of the affected city or district upon
receiving written consent to annexation from a majority of the electors
registered in the territory proposed to be annexed and written consent to the
annexation of their land from the owners of more than half the land in the
territory proposed to be annexed.
(b)
However, before soliciting statements of consent for the purpose of authorizing
an annexation under a proceeding initiated as provided by this subsection, the
governing body of the affected city or district shall file a notice of intent
to annex with the boundary commission having jurisdiction of the affected
territory. The notice of intent to annex shall name the affected city or
district and generally describe the boundaries of the territory sought to be
annexed, which territory must be contiguous to the city or district or
separated from it only by a public right of way or a stream, bay, lake or other
body of water. The notice of intent to annex shall have attached to it a county
assessor’s cadastral map showing the location of the affected territory that
the city or district proposes to annex.
(c)
For the purpose of this subsection, consent need not be obtained for any land
in a public way included within or contiguous to the territory proposed to be
annexed. However, land in such a public way shall, as determined by the
commission, be considered annexed to the affected city or district if the minor
boundary change is approved, regardless of the land’s ownership, size or
assessed valuation.
(d)
For the purpose of this subsection, consent need not be obtained for any real
property that is publicly owned, is the right of way for a public utility,
telecommunications utility or railroad or is exempt from ad valorem taxation
unless the owner of such property files a statement consenting to or opposing
annexation with the legislative body of the annexing city or district on or
before the date the city or district adopts the resolution required by
paragraph (a) of this subsection.
(e)
As used in this subsection, “owner” has the additional meaning given that term
in ORS 222.120 (7).
(3)
A transfer of territory proceeding may be initiated:
(a)
By joint resolution of the governing bodies of the affected districts or
cities;
(b)
By petition signed by 10 percent of the electors registered in the affected
territory;
(c)
By petition signed by the owners of at least one-half the land area in the
affected territory; or
(d)
By resolution of a boundary commission having jurisdiction of the affected
territory.
(4)
The petition or resolution shall:
(a)
Name the affected city or district and state whether it is proposed to annex,
withdraw or transfer territory;
(b)
Describe the boundaries of the affected territory;
(c)
If the proposal concerns a district, designate the applicable principal Act;
(d)
Have attached a county assessor’s cadastral map showing the location of the
affected territory; and
(e)
Be filed with the boundary commission having jurisdiction of the affected
territory.
(5)
When a city annexation is initiated:
(a)
As provided by ORS 222.750 the petition proposing the annexation shall be filed
with the boundary commission having jurisdiction of the annexation.
(b)
As provided by ORS 222.840 to 222.915, the findings adopted by the Director of
the Oregon Health Authority under ORS 222.880 shall be considered the
initiatory action and a certified copy of the findings shall be filed with the
boundary commission having jurisdiction of the annexation, at the same time a
copy of the finding is filed with the affected city.
(6)
Except when a boundary change is initiated by an affected city or district
under subsection (1), (2), (3) or (5) of this section or by the director as
provided by subsection (5)(b) of this section, the boundary commission shall
notify the affected city or district that a petition has been filed or that the
commission has adopted a resolution. If the petition complies with the
requirements of the applicable statutes, the commission shall proceed as
provided by ORS 199.460 to 199.463 and 199.490 to 199.519.
(7)
Unless the parties appearing at a hearing for a minor boundary change or
application under ORS 199.464 agree to a postponement of the adoption of a
final order, a final order approving or disapproving a minor boundary change
must be adopted within 90 days after the date the petition, resolution or
application is filed with the commission. If a final order approving or
disapproving a minor boundary change is not adopted within 90 days after the
petition, resolution or application is filed or within the period of
postponement, the petition, resolution or application shall be considered
approved by the commission. A postponement shall not be for a period exceeding
one year from the date the petition, resolution or application initiating the
proposal is filed with the commission. [1969 c.494 §16; 1971 c.462 §14; 1973
c.808 §1; 1975 c.157 §3; 1975 c.361 §3; 1979 c.880 §1; 1983 c.83 §11; 1983
c.336 §16; 1985 c.702 §18; 1987 c.447 §114; 1987 c.737 §1; 1989 c.92 §24; 1989
c.176 §1; 1997 c.541 §348; 2009 c.595 §177]
199.495 Effective date of certain
annexations; nonapplicability of certain health hazard annexation procedures.
In a proceeding initiated as provided by ORS 199.490 (2) and (5):
(1)
If the proposed annexation is approved by the commission, the final order shall
be effective at the time specified in the final order except that the effective
date for an annexation initiated as provided by ORS 199.490 (5) shall not be
more than one year after the date the final order is adopted and for an
annexation initiated as provided by ORS 199.490 (2) shall not be more than 10
years 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. The order shall not be subject to ORS 199.505.
(2)
ORS 222.883 to 222.896, 222.900 (1) and (3) and 222.915 do not apply to
proceedings initiated by the findings of the Director of the Oregon Health
Authority. [1969 c.494 §16a; 1971 c.462 §15; 1975 c.157 §1; 1975 c.639 §19;
1979 c.374 §4; 1979 c.880 §2; 1983 c.407 §11; 1991 c.637 §7; 2009 c.595 §178]
199.500 Commission to notify counties of
certain annexations with delayed effective date.
(1) If a boundary commission approves an annexation and the effective date of
the final order is more than one year after the date the final order is
adopted, the boundary commission shall send notice to the county clerk of each
county in which the affected territory, city or district is located. The notice
shall be sent not sooner than 120 days and not later than 90 days prior to the
effective date of the final order.
(2)
The notice described in subsection (1) of this section shall be in addition to
any other notice or filing required under ORS 199.410 to 199.534. [1995 c.607 §62]
Note:
199.500 was added to and made a part of 199.410 to 199.534 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
199.505 Effective date of minor boundary
changes; objections; election. (1) If the
boundary commission by its final order approves a minor boundary change other
than a transfer of territory, the change shall take effect at the time
specified in the final order. Except for annexation proceedings initiated by a
city or district, the effective date shall not be less than 45 days, nor more
than one year, after the date the commission adopts the final order approving
the change. For annexation proceedings initiated by a city or district, the
effective date shall not be earlier than 45 days, nor more than 10 years, after
the date the commission adopts the final order approving the change. If no
effective date is specified in the final order, the order shall take effect 45
days after the commission adopts the final order approving the change. However,
the change shall not take effect unless it is also approved by the electors if
within 45 days after the date of the adoption of the order:
(a)
Written objections to the change signed by not less than 10 percent or 100,
whichever number is the lesser, of the electors in the affected territory are
filed with the commission; or
(b)
A resolution objecting to the change adopted by the city council of the
affected city or district board of the affected district is filed with the
commission.
(2)
If objections as required by this section are filed by a city council or
district board, the council or board shall call and hold an election in the
affected city or district on the boundary change as approved. If objections are
filed by the electors, the commission shall certify the fact of the objections
to:
(a)
The city council or district board of the affected city or district, if the
change involves a withdrawal of territory, whereupon the council or board shall
call an election in the city or district.
(b)
The county board of the county where the territory is located, if the change
involves an annexation, whereupon the board shall call an election in the
territory. Where a minor boundary change has been initiated pursuant to ORS
199.490 (1)(a), cost of an election required by this paragraph shall be paid by
the city or district to which the territory is proposed to be annexed.
(3)
An election required by subsection (2) of this section shall be held on the
next appropriate election date authorized under ORS 203.085, 221.230 or
255.345. A city council or a board that calls an election under this section
shall certify the results of the election to the commission. If a majority of
those voting on the proposition in each election approve the change approved by
the commission, the commission thereupon shall proclaim the results of the
election. Upon the adoption of the proclamation the change shall take effect. [1969
c.494 §17; 1971 c.288 §1; 1971 c.462 §16; 1975 c.157 §2; 1975 c.361 §4; 1981
c.265 §10; 1983 c.336 §17; 1989 c.176 §2; 1991 c.637 §8; 1997 c.541 §349]
199.507 Effective date of transfer of
territory; objections; election. (1) If the
boundary commission by its final order approves a transfer of territory, the
change shall take effect at the time specified in the final order, but the
effective date shall not be less than 45 days, nor more than one year, after
the date the commission adopts the final order approving the change. If no
effective date is specified in the final order, the order shall take effect 45 days
after the commission adopts the final order approving the change. However, the
change shall not take effect unless it is also approved by the electors if
within 45 days after the date of the adoption of the order:
(a)
Written objections to the change signed by not less than 10 percent or 100,
whichever number is the lesser, of the electors in the affected territory are
filed with the commission; or
(b)
A resolution objecting to the change adopted by the district board, governing
body of a city-county or city council of any affected city or district is filed
with the commission.
(2)
If an objection is filed by the board of a district, governing body of a
city-county or city council of a city which under the final order would lose
territory, it shall call and hold an election within its boundaries on whether
the territory designated for transfer should be withdrawn from the district or
city.
(3)
If an objection is filed by the board of a district or city council of a city
which under the final order would acquire the territory, it shall call and hold
an election within its boundaries on whether the territory designated for
transfer should be annexed to the district or city.
(4)
If objections are filed by the electors, the commission shall certify the fact
of the objections to the county board of the county where the territory is
located whereupon the board shall call an election within the boundaries of the
territory proposed for transfer on whether the territory should be transferred.
(5)
An election required by this section shall be held on the next appropriate
election date authorized under ORS 203.085, 221.230 or 255.345. The results of
the election shall be certified to the commission. If a majority of those
voting on a proposition in each and all elections approve the change approved
by the commission, the commission thereupon shall proclaim the results of the
election. Upon the adoption of the proclamation, the change shall take effect. [1975
c.361 §6; 1981 c.265 §11; 1983 c.336 §18; 1997 c.494 §19]
199.508 [1989
c.176 §4; 1995 c.712 §85; repealed by 1997 c.541 §389]
199.510 Financial effects of transfer or
withdrawal; exceptions. (1) After the date of a final
order or proclamation of annexation or transfer of territory, the territory
annexed or transferred shall become subject to the indebtedness, bonded or
otherwise, of the affected city or district acquiring the territory in like
manner as the territory within the city or district.
(2)(a)
Subject to ORS 222.465, if the affected territory is to be annexed to a city,
and lies within the boundaries of a district, the affected territory is
withdrawn from the district on the date of the final order unless the city is
part of the district. The city shall have the right to exercise the choice
permitted by ORS 222.520 (2).
(b)
Paragraph (a) of this subsection does not apply when the territory to be
annexed lies within a water district organized under ORS chapter 264, a
sanitary district organized under ORS 450.005 to 450.245 or a park and
recreation district organized under ORS chapter 266. Withdrawal of territory
from such a water, sanitary district or park and recreation district shall be
governed solely by ORS 222.465 and 222.520 to 222.575.
(c)
When a city receives services from a district and is part of that district, any
territory thereafter annexed to the city shall be included in the boundaries of
the district and shall be subject to all liabilities of the district in the
same manner and to the same extent as other territory included in the district.
(3)
After the date of a final order or proclamation withdrawing or transferring
territory from an affected city or district, the territory withdrawn or
transferred shall be free from assessments and taxes levied thereafter by the
affected city or district losing the territory. However, the withdrawn or
transferred territory shall remain subject to any bonded or other indebtedness
existing at the time of the order, except as provided by ORS 198.882. If the
territory is being withdrawn from a district into a city, the city shall have
the right to exercise the choice permitted by ORS 222.520 (2). The
proportionate share shall be based on the assessed valuation, according to the
assessment roll in the year of the levy, of all the property located within the
city or district immediately prior to the withdrawal. [1969 c.494 §18; 1971
c.462 §17; 1973 c.808 §2; 1975 c.361 §7; 1977 c.663 §2; 1981 c.265 §12; 1985
c.702 §19; 1989 c.483 §1]
199.512 Commission proceedings for
district formation or annexation to relieve public health danger.
(1) The findings of the Director of the Oregon Health Authority filed with a
boundary commission in accordance with ORS 431.740 or 431.750 shall be
considered a petition for the purposes of ORS 199.410 to 199.534. When the findings
of the director are filed with a commission, it shall proceed in accordance
with the findings and with ORS 199.410 to 199.534, but the commission shall not
inquire into the need for the proposed facilities or adjust the boundaries of
the affected territory.
(2)
In proceedings described by subsection (1) of this section, the boundary
commission shall determine whether the affected territory shall be included in
a new city, new metropolitan service district or new county service district or
annexed to an existing district. The final order of the commission shall
conclude the proceedings for all purposes; and the formation or annexation
approved and ordered by the commission shall take effect 45 days after the date
the commission adopts the final order in the proceeding. [1973 c.361 §16; 1989
c.92 §25; 2009 c.595 §179]
199.514 [1973
c.664 §3; repealed by 1975 c.326 §5]
199.515 [1969
c.494 §19; 1971 c.462 §8; renumbered 199.462]
199.519 Effective date of boundary change;
filing boundary change with county assessor and Department of Revenue.
(1) Notwithstanding any different effective date specified in ORS 199.480,
199.505 or 199.507, a boundary change under ORS 199.410 to 199.534 shall not
become effective during the period:
(a)
Beginning after the 90th day before a primary election or general election and
ending on the day after the election; or
(b)
Beginning after the deadline for filing the notice of election before any other
election held by any city or district involved in the boundary change and
ending on the day after the election.
(2)
If the effective date established for a boundary change is a date that is
prohibited under this section, the boundary change shall become effective on
the day after the election for voting purposes.
(3)
The provisions of this section do not apply if the territory affected by the
boundary change has no registered voters.
(4)
For purposes of ad valorem taxation, a boundary change must be filed in final
approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225. [1981 c.391 §1; 1985 c.808 §68; 1989 c.92 §26; 1989
c.923 §24; 1995 c.712 §86; 2001 c.138 §4]
199.520 [1969
c.494 §20; 1971 c.462 §9; renumbered 199.463]
199.522 Economic feasibility analysis for
proposed city; filing with commission prior to filing incorporation petition;
review of analysis by commission; approval or rejection.
If the territory proposed to be incorporated is within the jurisdiction of a
local government boundary commission, then prior to filing a petition to
incorporate the territory with the county clerk under ORS 221.031, the
petitioners shall file the economic feasibility analysis described in ORS
199.476 (1) with the local government boundary commission for review and
approval. The local government boundary commission shall review the feasibility
analysis. On the basis of the review and after consultation with the
petitioners, if necessary, the boundary commission shall approve or reject the
economic feasibility analysis as presented or approve it as modified by the
commission. Approval or rejection of the economic feasibility analysis shall be
done by an order stating the reasons for the decision of the commission.
Approval or rejection of an economic feasibility analysis filed under this
section shall be accomplished not later than 120 days after the feasibility
analysis is filed with the boundary commission. [1987 c.882 §7]
199.525 [1969
c.494 §21; renumbered 199.452]
199.526 Time limit for obtaining
signatures on petition for incorporation of city.
When incorporation of a city is proposed within the jurisdiction of a local
government boundary commission, all signatures on the petition described in ORS
221.031 and 221.040 must be obtained within any six-month period to be valid
and effective to authorize a major boundary change proceeding under this
chapter. [1987 c.882 §8]
Note:
199.526 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 199 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
199.530 [1969
c.494 §22; renumbered 199.455]
199.531 Policy.
The Legislative Assembly finds that:
(1)
Since 1985 local governments in boundary commission jurisdictions have
undertaken programs involving multiple minor boundary changes, including
annexation of territory, which have required the transfer of service delivery
obligations from the county or special districts which formerly had
jurisdiction of the territory to the annexing city or district, along with the
need to receive revenue to support the services;
(2)
The local governments and boundary commissions have acted in good faith
reliance on state statutes concerning minor boundary changes and in compliance
with those statutes;
(3)
The transfer of service responsibility has resulted in extinguishing or
dissolution of special service districts and the transfer of capital equipment
and employees;
(4)
If a court or administrative agency determines that one or more of the minor
boundary changes are invalid because the statute on which they were based is
unconstitutional, responsibility for service and revenue must be resolved in
order to avoid substantial disruption to citizens; and
(5)
Providing for legislative annexation of the affected territories is the best
method for resolving service responsibility and financial obligations without
jeopardizing continued service delivery to citizens in the affected territory
or imposing unreasonable financial burdens on the city, county and special service
districts and their citizens. [1987 c.818 §2]
199.534 Legislative annexation of
territory to cities and districts; effective date; effect on other minor
boundary changes. Notwithstanding any other
provision of this chapter or ORS chapter 222, territory annexed or transferred
to a city or district by a minor boundary change approved by a boundary
commission’s final order adopted after January 1, 1985, but before July 18,
1987, shall be in the annexing city or district by operation of ORS 198.855,
199.490, 199.531, 199.534, 222.120 and 222.170 to 222.177 commencing upon the
effective date of the boundary commission’s final order. The creation by ORS
198.855, 199.490, 199.531, 199.534, 222.120 and 222.170 to 222.177 of
annexations shall not void or impair any prior or subsequent minor boundary
changes inside or outside of the affected territory. [1987 c.818 §3]
199.535 [1969
c.494 §23; renumbered 199.457]
199.540 [1969
c.494 §24; 1971 c.462 §13; renumbered 199.487]
CITY-COUNTY CONSOLIDATION
(Generally)
199.705 Definitions for ORS 199.705 to
199.795. In ORS 199.705 to 199.795:
(1)
“City-county” means a city incorporated under ORS 199.705 to 199.795 and having
both city and county functions.
(2)
“City in the county” means a city having more than 50 percent of its population
in the county.
(3)
“Most populous city” means a city of not less than 300,000 population.
(4)
“Unincorporated area” means the area of unincorporated territory within the
county that is outside the urban growth boundary adopted under ORS 268.390. [1971
c.731 §2; 1997 c.494 §1]
199.710 Short title.
ORS 199.705 to 199.795 may be referred to as the City-County Act of 1971. [1971
c.731 §1]
199.715 City-county consolidation
authorized. By proceeding under ORS 199.705 to
199.795, a county and the most populous city in the county may consolidate to
form a city-county, and one or more of the other cities in the county and the
unincorporated area may join in the consolidation. [1971 c.731 §3; 1997 c.494 §2]
199.720 Initiation of consolidation
proceedings by resolution or petition. (1)
Consolidation proceedings may be initiated by resolution of the governing body
of the county or of the most populous city in the county. Within five days
after adoption of the resolution a true copy thereof shall be filed with the
governing body, other than the adopting governing body, of each city that has
any territory within the county and of each county in which such a city has
territory.
(2)
The proceedings may also be initiated by electors of the county and of the most
populous city in the county who reside within or outside of the county, filing
with the county clerk of the county a petition signed by a number of such
electors equal to six percent of the total number of votes cast in the county
for all gubernatorial candidates at the last preceding election at which a
Governor was elected for a four-year term.
(3)
The form of the petition shall be:
______________________________________________________________________________
CITY-COUNTY CONSOLIDATION
We,
the undersigned electors, hereby initiate proceedings for consolidating _____
County, the City of_____, and whatever other cities in the County desire to
join in the consolidation. We request that a charter commission be appointed, a
charter be prepared, and an election on the consolidation be held, all under
the City-County Act of 1971.
Names Addresses
___________ ___________
(Here
follow 20 lines for signatures)
______________________________________________________________________________
(4) Before the petition is circulated for
signatures, a true copy of it shall be filed with the county clerk. No
signature on the petition shall be counted unless subscribed thereon and filed
with the county clerk within 180 days after the original filing.
(5) Within 15 days after receiving
signatures to the petition the county clerk shall verify the signatures. As
soon as the county clerk has verified the signatures and whether the number
required for the petition have signed, the county clerk shall certify that fact
on the petition and file the petition. Within five days after the certification
the county clerk shall forward a true copy of the text of the petition and of
the certification to the governing body of each city that has any territory
within the county and of each county in which such a city has territory.
(6) The date of initiation of the
proceedings shall be the date the initiating resolution is adopted or the date
that the county clerk certifies that the initiating petition bears the required
number of verified signatures. [1971 c.731 §4]
(Commission)
199.725
Charter commission; appointment; term; first meeting; chairperson; appropriation
for expenses. (1) Within 30 days after the
proceedings are initiated, a charter commission comprised of persons each of
whom is an elector of the county or the most populous city shall be appointed
as follows:
(a) Two members jointly by a majority of a
convention of the state Senators elected from the county or any part thereof,
one of whom shall be a resident of the unincorporated area of the county.
(b) Three members jointly by a majority of
a convention of the state Representatives elected from the county or any part
thereof, one of whom shall be a resident of the unincorporated area of the
county.
(c) Three members by the governing body of
the county.
(d) Three members by the governing body of
the most populous city in the county.
(e) One member by the governing body of
the second most populous city in the county.
(f) One member jointly by a majority of a
convention of the mayors of the cities in the county other than the cities
described in paragraphs (d) and (e) of this subsection.
(2) Any of the appointments not made as
provided by subsection (1) of this section shall be made by the Governor within
45 days after the proceedings are initiated.
(3) Each appointment made under this
section shall be certified immediately by the appointing authority to the mayor
of the most populous city.
(4) Members of the charter commission
shall serve without pay.
(5) The terms of office of members of the
commission shall continue until the charter that the commission prepares is
submitted to the electors under ORS 199.730 and 199.735. A position on the
commission shall become vacant, however, for any cause specified by ORS 236.010
and may be declared vacant by the commission because of nonattendance at
commission meetings. Within 30 days after such a vacancy occurs or is declared,
it shall be filled in the manner prescribed by the provisions of subsections
(1) and (2) of this section that are applicable to the position vacated.
(6) Within five days after receiving
certification of the final appointment to the commission, the mayor of the most
populous city shall fix the time and place and give the commission members at
least 10 days’ notice of the first meeting of the commission. The mayor shall
convene the commission and serve as its temporary chairperson. At the first
meeting the commission shall designate a permanent chairperson and organize in
whatever other manner it considers advisable.
(7) The governing body of the county
proposed to be consolidated shall appropriate for the expenses of the
commission:
(a) Not less than $25,000; and
(b) An additional amount of not more than
$100,000, as requisitioned by a majority of the following officials: The
chairperson of the commission, the chairperson of the county governing body and
the mayor of the most populous city in the county.
(8) The county and any city in the county
may appropriate money to assist the charter commission with its work. [1971
c.731 §5; 1973 c.745 §1; 1997 c.494 §3]
199.730
Functions of charter commission; rules. The charter
commission:
(1) Shall adopt rules to govern its
proceedings.
(2) May acquire property, avail itself of
quarters, enter into contracts necessary for its work, and receive and expend
gifts, grants and appropriations.
(3) May employ administrative, clerical
and technical assistance necessary for its work, and may request and secure
information and assistance from the county and other units of local government
located in the county and officers and employees thereof including the district
attorney and the city attorneys and their staffs.
(4) Within one year after its first
meeting shall prepare and publish a preliminary draft of a charter for the
city-county.
(5) After publication of the preliminary
draft shall hold public hearings thereon.
(6) Within two years after the first
meeting of the commission shall prepare a final draft of the charter.
(7) After a majority of the members of the
commission has approved the final draft, shall call and fix a date for an
election under ORS 199.735. [1971 c.731 §6]
(Consolidation)
199.735
Election on consolidation; on merger. (1) The
commission shall call an election on a date specified in ORS 221.230.
(2) At the election the following
questions shall be submitted:
(a) To the electors of the county and to
the electors of the most populous city, the question of whether the charter
shall be adopted as the charter of a city-county.
(b) To the electors of each less populous
city in the county, the question of whether that city shall merge into the
city-county.
(c) To the electors of the unincorporated
area, the question of whether the unincorporated area shall merge into the
city-county.
(3) If an elector is eligible to vote in
both the county and the most populous city, the question submitted under
subsection (2)(a) of this section shall appear only on the county ballot for
that elector, but it shall be tallied both as a vote of an elector of the
county and as an elector of the most populous city in the county.
(4) The commission shall file the call and
the charter with the county clerk, who shall give notice of, conduct and
publicize the results of the election under the general laws of the state
governing elections. The county shall bear the expense of the election. [1971
c.731 §7; 1973 c.745 §2; 1979 c.190 §402; 1983 c.83 §12; 1983 c.350 §9; 1997
c.494 §4]
199.740
Effect of election. (1) The charter shall be
approved and the consolidation shall take place if, and only if, the question
receives at the election affirmative votes by a majority of those electors of
the county voting on the question and also by a majority of those electors of
the most populous city in the county voting on the question.
(2) In case the question is approved as
provided by subsection (1) of this section:
(a) Any less populous city in the county
shall be merged with and become a part of the city-county unless a majority of
the electors of the city voting on the question submitted under ORS 199.735 (2)
votes against the question.
(b) The unincorporated area in the county
shall be merged with and become a part of the city-county unless a majority of
the electors in the unincorporated area voting on the question submitted under
ORS 199.735 (2) votes against the question.
(3) A majority vote for the question in a
city approving it shall have the effect of approving the surrender of the
charter of the city as required in section 2a (1), Article XI of the Oregon
Constitution. The majority vote in the county approving the question shall have
the effect of approving the surrender of the charter, if any, of the county.
The surrender in both cases shall take effect when the city-county comes into
existence. [1971 c.731 §8; 1973 c.745 §3; 1983 c.83 §13; 1997 c.494 §5]
199.742
Charter requirements if consolidation is rejected in unincorporated area.
When a majority of the electors in the unincorporated area voting on the
question submitted under ORS 199.735 (2) votes against the question, the
charter of the city-county shall provide that:
(1) Special districts within the
unincorporated area shall not be extinguished.
(2) The rate of taxation for ad valorem
property taxes and business income taxes shall initially be set at the rates in
effect on the date on which the charter for the city-county is approved.
(3) Fees, including but not limited to
business license fees and utility bill fees, shall initially be set at the rate
or amount in effect on the date on which the charter for the city-county is
approved.
(4) Except for taxes or fees dedicated to
correctional facilities, libraries or animal control, any rate increase for
fees or taxes that exceeds the rate of population growth in the unincorporated
area shall not take effect in the unincorporated area unless the electors in
the unincorporated area approve the tax or fee increase.
(5) The unincorporated area shall receive
rural service levels for basic city-county services. As used in this
subsection, “basic city-county services” includes police, fire, sewer, water
and code enforcement services provided by the city-county. [1997 c.494 §10]
199.743
Financial affairs of city-county if charter becomes effective during fiscal
year. (1) Notwithstanding ORS 294.305 to
294.520 and 310.010 to 310.110, if the charter for a city-county is approved
under ORS 199.740 (1) and the effective date of such charter is other than the
date of the beginning of the fiscal year immediately following the fiscal year
in progress on the effective date of such charter, during the remainder of the
fiscal year in progress on the effective date of such charter the city-county
shall expend moneys and levy taxes in accordance with the budgets prepared and
adopted by each of the municipal corporations consolidated, merged or dissolved
in the formation of the city-county pursuant to such charter, as if such
charter had not taken effect. For the purposes of this section, the city-county
shall be considered to be a continuation of each municipal corporation
consolidated, merged or dissolved in the formation of the city-county.
(2) As used in subsection (1) of this
section:
(a) “Fiscal year” has the meaning given
that term in ORS 294.311.
(b) “Municipal corporation” has the
meaning given that term in ORS 294.311. [1973 c.745 §9; 1997 c.308 §32]
199.745
First governing body of city-county. (1) The first
members of the governing body of the city-county shall be nominated and elected
in the manner and at the times prescribed by the city-county charter.
(2) The county clerk shall arrange for,
give notice of and conduct the election. The county shall bear the expense of
the election.
(3) The charter shall prescribe the date
on which the city-county comes into existence and shall include necessary transitional
provisions. The charter may provide that it will become effective for specified
purposes immediately upon the proclamation of the results of the election on
the adoption of the charter. [1971 c.731 §9; 1973 c.745 §3a]
199.750
Status of city-county. (1) The city-county shall be a
city within the meaning of state law, except ORS 221.610, 221.621, 221.650,
222.210 to 222.310 and 222.840 to 222.915. In merger proceedings under ORS
222.610 to 222.710 consent by the city-county to the merger may be given by the
governing body of the city-county without a popular vote on the merger. No
merger or annexation adding territory to the city-county shall change a county
boundary. Annexation to the city-county of area in another county or merger
into the city-county of a city in another county shall be for the provision of
city services only. Territory within the city-county may be transferred under
ORS 199.490 to 199.519 to a city excluded from consolidation under ORS 199.740
(2).
(2) The city-county shall be a county for
purposes of Articles IV, VI, VII (Amended), VII (Original) and VIII of the
Oregon Constitution and in its relationship to any city in the city-county
excluded from the consolidation under ORS 199.740 (2). That relationship shall
continue until the excluded city disincorporates or merges into the
city-county.
(3) The city-county shall be a county in
its relationship to the unincorporated area excluded from the consolidation
under ORS 199.740 (2).
(4) The city-county shall have the powers
and duties of counties and county officers and cities and city officers under
state law and the city-county charter. The charter shall prescribe or make
provision for prescribing what officers and agencies of the city-county shall
exercise those powers and duties. The charter may prescribe or make provision
for prescribing which duties or functions shall be county, city or jointly
city-county powers.
(5) The charter may also prescribe or make
provision for prescribing that state officers elected in the city-county alone
shall simultaneously be city-county and state officers and have city-county
functions prescribed by the charter or ordinances of the city-county.
(6) The city-county shall be both a city
and a county entitled to receive funds under state and federal laws allocating
funds to cities or counties or both. [1971 c.731 §10; 1973 c.745 §4; 1997 c.494
§6]
199.753
City-county service district. (1) A
city-county may establish service districts as provided by ORS 199.705 to
199.795 and ORS chapter 451. For the purposes of ORS chapter 451, a city-county
shall be considered a county and the city-county legislative body shall be
considered a county court. The charter may delegate or provide for the
delegation of executive and administrative responsibilities in respect to
service districts to the chief executive officer and administrative departments
of the city-county.
(2) In addition to those districts
authorized under ORS 451.010, a city-county may create service districts for
any purpose authorized by its charter. [1973 c.745 §8]
199.755
Receipt of state funds by city-county. (1) A
city-county shall receive a share of the revenues allocated to counties under
ORS 323.455, 366.762 and 471.810. Subject to subsections (2) and (3) of this
section, it shall also receive a share allocated under ORS 323.455, 366.800 and
471.810 to cities.
(2) Starting with the first full calendar
month after the effective date of the consolidation, a city-county shall
receive a share of such revenues allocated to cities on the same basis as a
city. In computing such share, population shall be determined as provided by
subsection (3) of this section.
(3) For the purposes of this section,
population of a city-county shall be determined:
(a) For the calendar year in which the
consolidation becomes effective, at 87 percent of the population of the
city-county as determined under ORS 190.510 to 190.590;
(b) For the first calendar year following
the calendar year in which the consolidation becomes effective, at 88 percent
of the population of the city-county as determined under ORS 190.510 to
190.590; and
(c) For the second calendar year following
the calendar year in which the consolidation becomes effective, at 89 percent;
for the third, at 91 percent; for the fourth, at 92 percent; for the fifth, at
94 percent; for the sixth, at 95 percent; for the seventh, at 97 percent; for
the eighth, at 98 percent; for the ninth, at 99 percent; and for the 10th and
each succeeding calendar year following the calendar year in which the
consolidation becomes effective, at 100 percent of the population of the
consolidated city-county as determined under ORS 190.510 to 190.590. [1971
c.731 §11; 1997 c.494 §7]
199.760
Boundaries of city-county; effect of change; filing boundary change with county
assessor and Department of Revenue. (1) When a
city-county is incorporated, for purposes of county functions its boundaries
shall be the boundaries of the county that is consolidated into the
city-county, and for purposes of city functions:
(a) The boundaries shall include all
territory located in any city in the county immediately before the
consolidation;
(b) The boundaries shall exclude all
territory in any city extending into the county if more than half of the
population in the city is located outside the county immediately before the
consolidation; and
(c) The boundaries shall exclude the
unincorporated area when a majority of the electors in the unincorporated area
voting on the question submitted under ORS 199.735 (2) votes against the
question.
(2) No boundary change effected under ORS
199.705 to 199.795 shall:
(a) Change the boundaries of a legislative
district established by state law.
(b) Deprive any member of the Legislative
Assembly of the member’s seat in that body.
(3) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1971 c.731 §12; 1997
c.494 §8; 2001 c.138 §5]
199.765
Permanent rate limit for operating taxes of city-county.
The charter for a city-county shall specify the permanent rate limit for
operating taxes for the city-county within the meaning of section 11 (3),
Article XI of the Oregon Constitution. The permanent rate limit shall be a rate
that would produce the same tax revenue as would have been cumulatively
produced by the cities that are the subject of the consolidation, the county
and all special districts automatically extinguished under ORS 222.510 or by
ORS 199.705 to 199.795, not taking into account any applicable statutory rate
limit on operating taxes. To provide for the administration of differential
taxation, the charter may establish districts on the basis of services to be
provided by the city-county and prescribe operating tax rates for the different
districts, except that the operating tax rates may not cumulatively exceed the
permanent rate limit established for the city-county under this section. The
charter shall provide procedure for modification or dissolution of such
districts and for changing such tax rate formula, after the first fiscal year
in which the city-county imposes ad valorem property taxes. [1971 c.731 §13;
1973 c.431 §1; 1997 c.541 §350; 1999 c.21 §2]
199.770
Status of employees after consolidation. After a
consolidation is effected under ORS 199.705 to 199.795, there shall be
preserved and continued, to at least the same extent as they exist at the time
immediately before the city-county comes into existence, the employment status
and pension and other benefit rights of the employees of the consolidating,
merging or extinguished governmental units, including, but not limited to:
(1) Rights, privileges and benefits,
including pensions and pension rights and benefits existing under collective
bargaining agreements or otherwise.
(2) Collective bargaining rights.
(3) Protection of individual employees
against a worsening of their positions with respect to their employment.
(4) Employment of persons employed
immediately prior to the time the city-county comes into existence by the
units.
(5) Priority, as of the time immediately
before the city-county comes into existence, of reemployment of employees of
the units who have previously been laid off or had their employment terminated.
(6) Paid training or retraining programs
for any employee of a unit whose position or job is eliminated by the
consolidation, merger or extinction, or by any subsequent administrative
reorganization in the city-county. [1971 c.731 §14; 1973 c.745 §5]
199.775
Effect of city-county incorporation. (1) When a
city-county is incorporated, it shall:
(a) Succeed to all the property, contracts
and rights of the consolidating cities and county; and
(b) Subject to whatever debt distribution
plan the city-county charter prescribes, become liable for all the obligations
of the consolidating cities and county.
(2) The officers of the consolidating
cities and county shall forthwith deliver to the city-county officers the
assets and records of the consolidating cities and county. Uncollected taxes
theretofore levied by the consolidating cities and county shall become the
property of the city-county upon collection.
(3) Immediately after the effective date
of the county boundary changes effected under ORS 199.760, the officers of the
city-county and of adjoining counties that the boundary changes affect shall
transfer public records, buildings and property in accordance with ORS chapter
202.
(4) ORS 222.510 applies to any district
mentioned in that section whenever the entire area of such a district is
included within the boundaries of a city-county, as described under ORS
199.760, for either county or city functions. [1971 c.731 §15; 1973 c.745 §6]
(County
Formation or Boundary Change After Consolidation)
199.777
New county or county boundary change authorized when unincorporated area
rejects consolidation. (1) When a city-county charter
is approved and city-county consolidation takes place under ORS 199.705 to
199.795 and if, at the election held under ORS 199.735, a majority of the
electors in the unincorporated area voting at the election votes to reject the
proposed city-county charter and city-county consolidation, the electors of the
unincorporated area may seek to form a new county in the unincorporated area or
to change the boundaries of the city-county and a contiguous county in order to
place the unincorporated area within that contiguous county.
(2) The electors of any city that does not
become part of the city-county and that is contiguous to the unincorporated
area may jointly seek the formation of a new county or a change in county
boundaries with the electors of the unincorporated area.
(3) Proceedings to form a new county or to
change county boundaries as authorized by this section shall be conducted as
provided in ORS 199.780 to 199.795 and ORS chapter 202, except that ORS
202.020, 202.030, 202.040, 202.050, 202.060 and 202.070 do not apply to such
proceedings. [1997 c.494 §11]
199.780
Petition for county formation or boundary change; contents; required number of
signatures. When it is desired to form a new county
out of an unincorporated area or one or more contiguous cities or to change the
boundaries of a city-county and an existing contiguous county, a petition
praying for the formation of the new county or for the change in the boundaries
of the city-county and the contiguous county shall be presented to the
governing body of each city-county or county affected by the proposed formation
or boundary change. The petition shall describe the territory proposed to be
formed into the new county or transferred from the city-county to the
contiguous county, together with the name of the proposed new county, if the
petitioners seek formation of a new county. The petition shall be signed by a
number of qualified electors registered in the territory to be formed into the
new county or registered in the territory to be transferred to the contiguous
county after the change in boundaries that is equal to 15 percent of the votes
cast within such territory for all candidates for Governor at the election at which
a Governor was elected next preceding the filing of the petition. [1997 c.494 §12]
199.783
Division of assets when petition is for boundary change; commissioners to adopt
plan for division; appointment of commissioners; effect of plan.
(1) When the petition provided for in ORS 199.780 is for a change in the
boundaries of the city-county and a contiguous county, the governing body of
the contiguous county and the governing body of the city-county shall appoint
two commissioners each to jointly arrange the terms in respect to assumption of
liabilities and division of assets among the contiguous county and the
city-county, upon which the change in boundaries shall be made.
(2) If, within 30 days after the
appointment of the commissioners, they have not agreed upon terms, the
Governor, upon request of the contiguous county or the city-county, shall
appoint commissioners equal in number to one-half the commissioners already
appointed, who shall meet with the commissioners already appointed and draft
terms.
(3) Within 60 days after terms have been
arranged, a majority of the commissioners may report to the respective
governing bodies a plan for division.
(4) When made within such time, the plan
for division shall be reported by the commissioners to the respective governing
bodies and the plan shall become a compact between the city-county and the
contiguous county, and shall be binding upon both. [1997 c.494 §14]
199.785
Election on county formation or boundary change; election procedure; ballot
title. (1) If the governing body finds that
the proposed formation or boundary change will not result in any new or
remaining county having an area or population less than required by the
Constitution of this state, the governing body shall call an election on a date
specified in ORS 203.085 for the purpose of submitting to the electors the
question of:
(a) The formation of the new county; or
(b) The change in county and city-county
boundaries.
(2) The question of formation of the new
county shall be submitted only to the electors residing within the territory
proposed to be formed into the new county. The question of a change in
boundaries shall be submitted to the electors residing within the territory
proposed to be transferred from the city-county to a contiguous county and to
the electors residing within that contiguous county.
(3) Except as provided in ORS 199.787 and
199.790, the election shall be conducted in accordance with ORS chapters 246 to
260.
(4) The ballot title for determination of
a question submitted under this section shall be prepared as provided in ORS
250.185. [1997 c.494 §13]
199.787
Certification of election results. The county
clerk in the contiguous county and the equivalent election officer in the
city-county shall certify to the Secretary of State a copy of the summary of
votes cast on the question of creating a new county or changing boundaries.
Such election officer also shall certify to the Secretary of State the name,
territorial contents and boundaries of the new county, or the names,
territorial contents and boundaries of the county and city-county affected by
the change in boundaries. [1997 c.494 §15]
199.790
Issuance of proclamation by Governor. (1) If an
election for the purpose of establishing a new county is held, the Governor
shall issue a proclamation declaring a new county created when, of the electors
voting at the election, a majority of the electors residing within the limits
of the proposed new county voted in favor of the creation of the new county.
(2) If an election for the purpose of
changing county and city-county boundaries is held, the Governor shall issue a
proclamation declaring the change in boundaries when, of the electors voting at
the election, a majority of the electors in the area proposed to be transferred
to the contiguous county and a majority of the electors in the contiguous
county voted in favor of the proposed change in county and city-county
boundaries. [1997 c.494 §16]
199.795
Operation and effect of proclamation. (1) If the
election was for the purpose of establishing a new county, the unincorporated
area thereafter shall be a county for all civil, military and other purposes.
(2) If the election was for the purpose of
changing boundaries, the boundaries of the contiguous county and the city-county
shall be changed to conform to the description furnished to the Secretary of
State in the certification provided under ORS 199.787.
(3) If the election was for the purpose of
changing boundaries, the change shall take effect within 30 days after the
Governor issues the proclamation provided for in ORS 199.790, and the territory
taken from the city-county and added to the contiguous county by reason of the
change in boundaries shall become a part of the contiguous county and for all
purposes shall be considered a portion thereof. [1997 c.494 §17]
199.890
[2007 c.243 §1; 2009 c.242 §1; renumbered 98.515 in 2009]
199.891
[2007 c.243 §2; renumbered 98.520 in 2009]
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