ORS Chapter 222

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]