ORS Chapter 222 - Oregon Statutes

Chapter 222 — CityBoundary Changes; Mergers; Consolidations; Withdrawals

 

2009 EDITION

 

 

BOUNDARYCHANGES; MERGERS & CONSOLIDATIONS

 

CITIES

 

GENERALPROVISIONS

 

222.005     Noticeto public utilities of annexation; contents of notice; effect

 

222.010     Reportof city boundary changes; contents of report; time for filing; exception

 

222.030     Assessorto furnish statement of assessed valuation of territory to be annexed

 

222.040     Delayof effective date of actions under this chapter because of election; effectivedate of certain annexations and transfers of territory

 

222.045     Effectof split, consolidation or merger of two or more cities on unfunded PERSliability or surplus

 

222.050     Certainconsolidations and mergers; additional question concerning taxes authorized;requirements for approval

 

ANNEXATIONOF CONTIGUOUS TERRITORY

 

(Temporaryprovisions relating to annexation of certain industrial lands are compiled asnotes preceding ORS 222.111)

 

222.111     Authorityand procedure for annexation

 

222.115     Annexationcontracts; recording; effect

 

222.120     Procedurewithout election by city electors; hearing; ordinance subject to referendum

 

222.125     Annexationby consent of all owners of land and majority of electors; proclamation ofannexation

 

222.130     Annexationelection; notice; ballot title

 

222.150     Electionresults; proclamation of annexation

 

222.160     Procedurewhen annexation is submitted to city vote; proclamation

 

222.170     Effectof consent to annexation by territory; proclamation with and without cityelection

 

222.173     Timelimit for filing statements of consent; public records

 

222.175     Cityto provide information when soliciting statements of consent

 

222.177     Filingof annexation records with Secretary of State

 

222.179     Exemptterritory

 

222.180     Effectivedate of annexation

 

222.183     Noticeof annexation when effective date delayed for more than one year

 

CONSOLIDATIONOF ADJOINING AND NONADJOINING TERRITORIES

 

(Temporaryprovisions relating to consolidation of certain industrial lands are compiledas notes preceding ORS 222.210)

 

222.210     Authorityto consolidate adjoining and nonadjoining cities or territories; additionalmethod of annexation; limitation

 

222.220     Initiationof proceedings; signatures on petitions

 

222.225     Economicfeasibility statement required; contents

 

222.230     Formand contents of petition; filing; meeting of city governing bodies; rules

 

222.240     Approvalof petition; appointment of charter commission; employment of assistance;functions

 

222.250     Jointconvention of governing bodies; election on consolidation, charter and tax ratelimit; date; functions of county court; ballot title

 

222.260     Ordinancecalling election

 

222.265     Conductof election

 

222.270     Canvassof votes; joint convention of governing bodies; proclamation; report toSecretary of State; cost of election

 

222.275     Electionsfor consolidation of certain areas or cities

 

222.280     Electionof officers; effective date of incorporation; certain annexations prohibited

 

222.290     Officersto assume functions; terms of office

 

222.295     Effectof consolidation; records, assets and uncollected taxes of consolidating citiestransferred to consolidated city

 

222.300     Ordinancesof former incorporated units continued in effect; initiation of civil andcriminal actions

 

222.310     Constructionof ORS 222.210 to 222.310; substantial compliance sufficient

 

WITHDRAWALOF TERRITORY

 

222.460     Proceduresfor withdrawal of territory; content of resolution; hearing; election; taxesand assessments

 

222.465     Effectivedate of withdrawal from domestic water supply district, water control districtor sanitary district

 

ANNEXATIONOF PUBLIC SERVICE DISTRICTS

 

222.510     Annexationof entire district; transfer of liabilities and functions to city

 

222.520     Annexationof less than entire district; assumption of liabilities by city optional

 

222.524     Procedurefor withdrawal of part of district from district

 

222.528     Territorywithdrawn from district not liable for certain obligations

 

222.530     Procedurefor division of assets on withdrawal of part of district; arbitration and award

 

222.540     Procedurefor division of installations on withdrawal of part of water district; appeal;joint operations

 

222.550     Withdrawalof major portion of water district; dissolution optional; transfer of propertyto city

 

222.560     Procedurefor division of installations on withdrawal of part of sanitary district;appeal; joint operation

 

222.570     Effecton metropolitan sanitary districts

 

222.575     Agreementsfor joint operation by city and district may be made before or after withdrawal

 

222.580     Procedureapplicable to prior annexations in which no property division was made

 

MERGEROF CITIES; ANNEXATION OF TERRITORY SURROUNDED BY CITY

 

222.610     Mergerof, and surrender of charter by cities authorized; elections to be held

 

222.620     Submissionof merger issue to electors of city surrendering charter; petition for merger;conduct of election

 

222.650     Submissionof merger issue to electors of city retaining charter; tax rate limit forsuccessor city; notice of election

 

222.680     Effectivedate of merger

 

222.690     Effectof merger on rights, liabilities and jurisdiction of the merged cities

 

222.700     Effectof merger on pending actions and proceedings; street work proceedings

 

222.710     Returnstatements filed with county recording officer

 

222.750     Annexationof unincorporated territory surrounded by city

 

HEALTHHAZARD ABATEMENT

 

222.840     Shorttitle

 

222.850     Definitionsfor ORS 222.840 to 222.915

 

222.855     Annexationto remove danger to public health

 

222.860     Proposalfor annexation

 

222.870     Hearingin affected territory; notice

 

222.875     Purposeand conduct of hearing; written findings of fact; rules

 

222.880     OregonHealth Authority order or finding; hearing upon petition; alteration ofboundaries; tax differential

 

222.883     Suspensionof proceedings by Oregon Health Authority; purpose; limit

 

222.885     Alternativeplan by petition or resolution; stay of proceedings

 

222.890     Reviewof alternative plan

 

222.896     Judicialreview

 

222.897     Studyand plan for alleviation of health danger by city; procedure if city fails toact

 

222.898     Determinationif health danger can be alleviated; approval of plans; notice to city

 

222.900     Cityto adopt ordinance

 

222.905     Applicationto initiate annexation

 

222.911     Participationof director, officer or employee with interest in affected territory

 

222.915     Applicationof ORS 222.840 to 222.915

 

PENALTIES

 

222.990     Penalties

 

GENERALPROVISIONS

 

      222.005Notice to public utilities of annexation; contents of notice; effect. (1) Whenterritory is approved for annexation to a city by city council action under ORSchapter 199 or this chapter, the recorder of the city or other city officer oragency performing the duties of recorder under this section, not later than 10working days after passage of a resolution or ordinance approving the proposedannexation, shall provide by certified mail to all public utilities, electriccooperatives and telecommunications carriers operating within the city eachsite address to be annexed as recorded on county assessment and tax rolls, alegal description and map of the proposed boundary change and a copy of thecity council’s resolution or ordinance approving the proposed annexation.

      (2)Additional or increased fees or taxes, other than ad valorem taxes, imposed onpublic utilities, electric cooperatives and telecommunications carriers as aresult of an annexation of territory to a city shall become effective on theeffective date of the annexation if notice of the annexation is given to publicutilities, electric cooperatives and telecommunications carriers by certifiedmail not later than 10 working days after the effective date of the annexation.However, if notification of the effective date of the annexation is provided tothe public utilities, electric cooperatives and telecommunications carrierslater than the 10th working day after the effective date of the annexation, theadditional or increased fees or taxes become effective on the date ofnotification.

      (3)As used in this section:

      (a)“Effective date of annexation” is the effective date described in ORS chapter199 or this chapter, whichever is applicable.

      (b)“Public utility” has the meaning given that term in ORS 757.005.

      (c)“Telecommunications carrier” has the meaning given that term in ORS 133.721. [1981c.238 §2; 1985 c.702 §5; 1987 c.447 §116; 1989 c.736 §1; 1991 c.136 §1; 1999c.1093 §11]

 

      222.010Report of city boundary changes; contents of report; time for filing;exception.(1) Every city, through its recorder or other city officer or agency designatedto perform the duties of the recorder under this section, shall report to thecounty clerk and county assessor of the county within which the city is locatedall changes in the boundaries or limits of the city. The report shall contain adetailed legal description of the new boundaries established by the city. Thereport shall be filed by the city within 10 days from the effective date of thechange of any boundary lines.

      (2)For purposes of ad valorem taxation, a boundary change must be filed in finalapproved form with the county assessor and the Department of Revenue asprovided in ORS 308.225.

      (3)Subsection (1) of this section does not apply to a minor boundary changeordered under ORS 199.410 to 199.519. [Amended by 1969 c.494 §26; 1971 c.462 §18;1985 c.702 §6; 2001 c.138 §7]

 

      222.020 [Repealed by 1955c.475 §12]

 

      222.030Assessor to furnish statement of assessed valuation of territory to be annexed. When a changeof the boundaries of a city through the annexation of territory is proposedpursuant to ORS 199.410 to 199.519, or 222.111 to 222.180 or city charter, theassessor of the county or counties wherein the territory to be annexed islocated, shall furnish upon official request within 20 days, a statementshowing for the current fiscal year the assessed valuation of the taxableproperty in the territory to be annexed. [1957 c.236 §1; 1969 c.494 §27]