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USA Statutes : oregon
Title : TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : Chapter 199 Local Government Boundary Commissions; City-County Consolidation
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(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] 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]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.
[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]
(Commission)
A local government boundary commission hereby is created, having
jurisdiction in the area consisting of Lane County. [1969 c.494 §4; 1979
c.152 §1; 1981 c.265 §2; 1997 c.516 §1](1) Outside the areas described in ORS 199.425, 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](1) A boundary commission created under ORS 199.425 or
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,
291.230 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] (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] (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] 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] (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] 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](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](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.
An assessment made under this subsection shall not exceed 21 cents per
capita per year for a boundary commission created pursuant to ORS 199.425.
(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. For
purposes of this subsection, the assessed valuation of inactive or
nonfunctioning districts shall not be included in the total assessed
valuation of all districts and such districts shall not be assessed. For
a boundary commission created pursuant to ORS 199.425 any district with
an assessed valuation over $1 billion shall be assessed a flat rate of
$2,500 per year and such district’s assessed valuation shall not be
included in the total assessed valuation of all districts within the
jurisdiction of the commission. An assessment made under this subsection
shall not exceed 0.00878 dollars per thousand dollars of assessed
valuation per year for a boundary commission created pursuant to ORS
199.425. 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](1)
Notwithstanding ORS 199.457 (4) to (7), a boundary commission created
under ORS 199.425 shall not levy the assessments authorized by ORS
199.457 (4) to (7) upon a district when the district has not utilized the
services of the commission during the two fiscal years immediately
preceding the fiscal year for which the assessment would otherwise be
levied. As used in this section, “utilized the services of the
commission” means processing a boundary change or application under ORS
199.464 through the commission by means of either the regular or
expedited process.
(2) For any fiscal year, when any district assessment is limited by
operation of subsection (1) of this section, the boundary commission
shall increase the assessment under ORS 199.457 (4) against each city
with a population exceeding 85,000 and the county in order to obtain the
amount of revenues lost to the boundary commission by reason of the
assessment limit imposed by subsection (1) of this section. The increase
in assessments authorized by this subsection shall be assessed against
the county and each city with a population exceeding 85,000 in the same
proportion as the population of the city or county bears to the total
population of the unincorporated area of the county and of all cities
with a population exceeding 85,000. [1987 c.882 §6; 1997 c.516 §4]Note: 199.458 was added to and made a part of ORS chapter 199 but
was not added to any smaller series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation. (1)
There is established in the State Treasury separate from the General Fund
a fund to be known as the Lane County Local Government Boundary
Commission Fund into which shall be deposited all revenues received
pursuant to ORS 199.457.
(2) Amounts in the fund established under subsection (1) of this
section are continuously appropriated for the purposes of the commission.
[1981 c.793 §1; 1997 c.516 §5]Note: 199.459 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.
(Jurisdiction; General Procedure)
(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](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 Department of Human Services, 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](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] (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](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](Boundary Change Procedure)(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]
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]
(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] 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]
(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](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](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 Human Services 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 of Human Services 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]
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 Human
Services. [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](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.(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](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]
(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]
(1) The findings of the Director of
Human Services 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]
(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]
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]
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.
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]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]CITY-COUNTY CONSOLIDATION(Generally)
(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]ORS 199.705 to 199.795 may be referred to as
the City-County Act of 1971. [1971 c.731 §1] 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](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)(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] 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) (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] (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 subsection (1), section 2a of 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]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](1) Notwithstanding ORS 294.305 to 294.555
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] (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] (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] (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] (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](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]
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] 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] (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)(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]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](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](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] 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] (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] (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]
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