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]