Oregon Statutes - Chapter 222 - City Boundary Changes; Mergers; Consolidations; Withdrawals

• 222.005   Notice to public utilities of annexation; contents of notice; effect.
  (1) When territory is approved for annexation to a city by city council action under ORS chapter 199 or this chapter, the recorder of the...
• 222.010   Report of city boundary changes; contents of report; time for filing; exception.
  (1) Every city, through its recorder or other city officer or agency designated to perform the duties of the recorder under this section, shall report...
• 222.020   [Repealed by 1955 c.475 §12]
• 222.030   Assessor to furnish statement of assessed valuation of territory to be annexed.
  When a change of the boundaries of a city through the annexation of territory is proposed pursuant to ORS 199.410 to 199.519, or 222.111 to...
• 222.040   Delay of effective date of actions under this chapter because of election; effective date of certain annexations and transfers of territory.
  (1) Notwithstanding any provision of this chapter that provides a different effective date, an annexation, transfer of territory, consolidation or merger under this chapter, or...
• 222.045   Effect of split, consolidation or merger of two or more cities on unfunded PERS liability or surplus.
  If a city splits into two or more cities, or two or more cities consolidate or merge, the cities affected by the split, consolidation or...
• 222.050   Certain consolidations and mergers; additional question concerning taxes authorized; requirements for approval.
  (1) This section applies if a consolidation or merger proposes to consolidate or merge two or more cities and at least one of the cities...
• 222.110   [Repealed by 1957 c.613 §1 (222.111 enacted in lieu of 222.110)]
• 222.111   Authority and procedure for annexation.
  (1) When a proposal containing the terms of annexation is approved in the manner provided by the charter of the annexing city or by ORS...
• 222.115   Annexation contracts; recording; effect.
  A contract between a city and a landowner relating to extraterritorial provision of service and consent to eventual annexation of property of the landowner shall...
• 222.120   Procedure without election by city electors; hearing; ordinance subject to referendum.
  (1) Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal...
• 222.125   Annexation by consent of all owners of land and majority of electors; proclamation of annexation.
  The legislative body of a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed...
• 222.130   Annexation election; notice; ballot title.
  (1) The statement summarizing the measure and its major effect in the ballot title for a proposal for annexation shall contain a general description of...
• 222.140   [Repealed by 1979 c.317 §26]
• 222.150   Election results; proclamation of annexation.
  The city legislative body shall determine the results of the election from the official figures returned by the county clerk. If the city legislative body...
• 222.160   Procedure when annexation is submitted to city vote; proclamation.
  This section applies when the city legislative body has not dispensed with submitting the question of annexation to the electors of the city. If the...
• 222.170   Effect of consent to annexation by territory; proclamation with and without city election.
  (1) The legislative body of the city need not call or hold an election in any contiguous territory proposed to be annexed if more than...
• 222.173   Time limit for filing statements of consent; public records.
  (1) For the purpose of authorizing an annexation under ORS 222.170 or under a proceeding initiated as provided by ORS 199.490 (2), only statements of...
• 222.175   City to provide information when soliciting statements of consent.
  If a city solicits statements of consent under ORS 222.170 from electors and owners of land in order to facilitate annexation of unincorporated territory to...
• 222.177   Filing of annexation records with Secretary of State.
  When a city legislative body proclaims an annexation under ORS 222.125, 222.150, 222.160 or 222.170, the recorder of the city or any other city officer...
• 222.179   Exempt territory.
  The amendments to ORS 222.210, 222.230, 222.240 and 222.270 made by chapter 702, Oregon Laws 1985, do not apply in territory subject to the jurisdiction...
• 222.180   Effective date of annexation.
  (1) The annexation shall be complete from the date of filing with the Secretary of State of the annexation records as provided in ORS 222.177...
• 222.183   Notice of annexation when effective date delayed for more than one year.
  (1) If the effective date of an annexation is more than one year after the date of a proclamation of annexation, the city, through its...
• 222.185   [1971 c.673 §4; repealed by 1975 c.326 §5]
• 222.190   [Repealed by 1975 c.326 §5]
• 222.210   Authority to consolidate adjoining and nonadjoining cities or territories; additional method of annexation; limitation.
  (1) An incorporated city may be created from adjoining or nonadjoining incorporated cities, from an incorporated city and adjoining or nonadjoining unincorporated territory, or from...
• 222.220   Initiation of proceedings; signatures on petitions.
  Proceedings to create an incorporated city under ORS 222.210 to 222.310 may be initiated by petition signed by not less than 10 percent of the...
• 222.225   Economic feasibility statement required; contents.
  When a petition to create a city under ORS 222.210 to 222.310 is filed with the clerk or recorder of a city under ORS 222.230,...
• 222.230   Form and contents of petition; filing; meeting of city governing bodies; rules.
  (1) Before circulating a petition to create a city from adjoining or nonadjoining cities or unincorporated territory, the petitioners shall file with the county clerk...
• 222.240   Approval of petition; appointment of charter commission; employment of assistance; functions.
  If the governing bodies find that the petition is in proper form, contains the required signatures and proposes an incorporation that complies with goals adopted...
• 222.245   [1971 c.761 §13; repealed by 1989 c.92 §39]
• 222.250   Joint convention of governing bodies; election on consolidation, charter and tax rate limit; date; functions of county court; ballot title.
  (1) After the charter commission has prepared and adopted a charter, the secretary of the charter commission shall file copies of the charter, certified as...
• 222.260   Ordinance calling election.
  After the date and other election details have been determined, the governing body of each of the cities shall enact an ordinance calling an election...
• 222.265   Conduct of election.
  (1) Except as provided in this section, ORS chapters 246 to 260 govern the conduct of an election called under ORS 222.250 or 222.275. (2)...
• 222.270   Canvass of votes; joint convention of governing bodies; proclamation; report to Secretary of State; cost of election.
  (1) The chief elections officer shall canvass separately the votes cast in each city and in each unincorporated area on the question of consolidation and...
• 222.275   Elections for consolidation of certain areas or cities.
  (1) Electors of a city or area proposed to be included in a consolidated city may request a second election on the question of consolidation...
• 222.280   Election of officers; effective date of incorporation; certain annexations prohibited.
  (1) Not later than the 30th day after an election held under ORS 222.250, or after an election held under ORS 222.275, if such an...
• 222.290   Officers to assume functions; terms of office.
  At whatever time the charter of the consolidated city specifies the officers elected at the election referred to in ORS 222.280 shall be entitled to...
• 222.295   Effect of consolidation; records, assets and uncollected taxes of consolidating cities transferred to consolidated city.
  Upon the effective date of the consolidation, the consolidated city shall succeed to all the assets and become charged with all the liabilities and obligations...
• 222.300   Ordinances of former incorporated units continued in effect; initiation of civil and criminal actions.
  (1) The ordinances in force in the previously incorporated cities at the time of the creation of the newly formed incorporated city by virtue of...
• 222.310   Construction of ORS 222.210 to 222.310; substantial compliance sufficient.
  ORS 222.210 to 222.310 shall be construed liberally, and substantial compliance with the provisions of those sections shall be sufficient. [Amended by 1983 c.350 §45]
• 222.410   [Repealed by 1969 c.494 §29]
• 222.420   [Repealed by 1969 c.494 §29]
• 222.430   [Amended by 1967 c.283 §3; repealed by 1969 c.494 §29]
• 222.440   [Repealed by 1969 c.494 §29]
• 222.450   [Repealed by 1969 c.494 §29]
• 222.460   Procedures for withdrawal of territory; content of resolution; hearing; election; taxes and assessments.
  (1) Except as expressly prohibited by the city charter, when the legislative body of a city determines that the public interest will be furthered by...
• 222.465   Effective date of withdrawal from domestic water supply district, water control district or sanitary district.
  Notwithstanding any provision of this chapter or ORS chapter 199 which provides a different effective date, when territory is withdrawn by a city from a...
• 222.510   Annexation of entire district; transfer of liabilities and functions to city.
  Whenever the entire area of a rural fire protection district, a water district, including a domestic water supply corporation, a park and recreation district, a...
• 222.520   Annexation of less than entire district; assumption of liabilities by city optional.
  (1) Whenever a part less than the entire area of a district named in ORS 222.510 becomes incorporated as or annexed to a city in...
• 222.524   Procedure for withdrawal of part of district from district.
  (1) If as authorized by ORS 222.520 the governing body of the city elects to cause the withdrawal from a district named in ORS 222.510...
• 222.528   Territory withdrawn from district not liable for certain obligations.
  The liabilities and indebtedness for which a part of a district named in ORS 222.510 remains liable, upon withdrawal by annexation or incorporation as provided...
• 222.530   Procedure for division of assets on withdrawal of part of district; arbitration and award.
  (1) Within 90 days from the date of such withdrawal of part of a rural fire protection district, a highway lighting district, a special road...
• 222.540   Procedure for division of installations on withdrawal of part of water district; appeal; joint operations.
  (1) When a part of a water district, including a domestic water supply corporation, is withdrawn, the district shall, by action of its governing body,...
• 222.550   Withdrawal of major portion of water district; dissolution optional; transfer of property to city.
  When the greater portion of a water district including a domestic water supply corporation or a water control district is thus withdrawn, measured by the...
• 222.560   Procedure for division of installations on withdrawal of part of sanitary district; appeal; joint operation.
  (1) When a part of a sanitary district is thus withdrawn, the district shall, by action of its governing body, turn over to the city...
• 222.570   Effect on metropolitan sanitary districts.
  ORS 222.560 shall not prevent the formation of metropolitan sanitary districts which may include cities under authority of other laws.
• 222.575   Agreements for joint operation by city and district may be made before or after withdrawal.
  The agreements referred to in ORS 222.530 (5), 222.540 (4) and 222.560 (4) may be entered into between the city and a district prior to...
• 222.580   Procedure applicable to prior annexations in which no property division was made.
  The provisions of ORS 222.510 to 222.570 and 242.050 are applicable to areas annexed to or incorporated as cities prior to March 18, 1949. The...
• 222.610   Merger of, and surrender of charter by cities authorized; elections to be held.
  Any city may surrender its charter and be merged into an adjoining city in the same or another county. Cities having a river as a...
• 222.620   Submission of merger issue to electors of city surrendering charter; petition for merger; conduct of election.
  (1) The question of merger shall be submitted to the electors of the city desiring to surrender its charter and be merged into an adjoining...
• 222.630   [Repealed by 1983 c.350 §331a]
• 222.640   [Amended by 1979 c.317 §5; repealed by 1983 c.350 §331a]
• 222.650   Submission of merger issue to electors of city retaining charter; tax rate limit for successor city; notice of election.
  (1) The question of merger shall be submitted to the electors of the city into which the city surrendering its charter is to be merged...
• 222.660   [Repealed by 1983 c.350 §331a]
• 222.670   [Amended by 1979 c.317 §6; repealed by 1983 c.350 §331a]
• 222.680   Effective date of merger.
  If the two cities affected vote affirmatively on the question of merger upon the same day, the merger of the two cities shall become effective...
• 222.690   Effect of merger on rights, liabilities and jurisdiction of the merged cities.
  On the date the surrender and merger become effective under ORS 222.680, without any further or formal action, all rights and property, both real and...
• 222.700   Effect of merger on pending actions and proceedings; street work proceedings.
  (1) The merger shall not affect any suits, actions or proceedings pending in any court in which the city surrendering its charter is a party,...
• 222.710   Return statements filed with county recording officer.
  If any two cities vote to merge under ORS 222.610 to 222.710, the officer having charge and custody of the records of the city into...
• 222.720   [Repealed by 1983 c.350 §331a]
• 222.750   Annexation of unincorporated territory surrounded by city.
  (1) As used in this section: (a) “Creek” means a natural course of water that is smaller than, and often tributary to, a river, but...
• 222.810   [Amended by 1953 c.562 §2; repealed by 1969 c.49 §1]
• 222.820   [Repealed by 1969 c.49 §1]
• 222.830   [Repealed by 1969 c.49 §1]
• 222.840   Short title.
  ORS 222.840 to 222.915 shall be known and may be cited as the Health Hazard Abatement Law. [1983 c.407 §2]
• 222.850   Definitions for ORS 222.840 to 222.915.
  As used in ORS 222.840 to 222.915, unless the context requires otherwise: (1) “Affected territory” means an area within the urban growth boundary of a...
• 222.855   Annexation to remove danger to public health.
  In addition to the procedures authorized in ORS 222.010 to 222.750, territory otherwise eligible for annexation in accordance with ORS 222.111 which is within the...
• 222.860   Proposal for annexation.
  (1) The city council of any city shall adopt a resolution containing a proposal for annexation without vote or consent in the affected territory. The...
• 222.865   [1967 c.624 §4; 1973 c.637 §4; repealed by 1975 c.639 §18]
• 222.870   Hearing in affected territory; notice.
  (1) Upon receipt of the certified copy of the resolution, and verification by the local board of health having jurisdiction, the Department of Human Services...
• 222.875   Purpose and conduct of hearing; written findings of fact; rules.
  (1) The hearing shall be for the sole purpose of determining whether a danger to public health exists due to conditions in the affected territory....
• 222.880   Department of Human Services order or finding; hearing upon petition; alteration of boundaries; tax differential.
  (1) Within 30 days following the final hearing of any arguments received by petition under the provisions of ORS 222.875 (2) the Director of Human...
• 222.883   Suspension of proceedings by Department of Human Services; purpose; limit.
  At any time after the Director of Human Services under ORS 222.880 finds that conditions dangerous to public health exist, the Department of Human Services...
• 222.885   Alternative plan by petition or resolution; stay of proceedings.
  (1) Within 60 days after the Director of Human Services under ORS 222.880 finds that conditions dangerous to public health exist, a petition, signed by...
• 222.890   Review of alternative plan.
  (1) An alternative plan referred to in ORS 222.885 shall be reviewed by the Department of Human Services in cases where danger to public health...
• 222.895   [1967 c.624 §9; 1973 c.637 §10; repealed by 1975 c.639 §9 (222.896 enacted in lieu of 222.895)]
• 222.896   Judicial review.
  Judicial review of final orders under ORS 222.840 to 222.915 shall be as provided in ORS 183.480 to 183.500 for judicial review of contested cases....
• 222.897   Study and plan for alleviation of health danger by city; procedure if city fails to act.
  (1) Upon receipt of a certified copy of the findings of the Department of Human Services under ORS 222.880, the city council shall cause a...
• 222.898   Determination if health danger can be alleviated; approval of plans; notice to city.
  (1) Within 60 days of receipt of the preliminary plans and other documents submitted as required by ORS 222.897, the appropriate reviewing authority shall determine...
• 222.900   City to adopt ordinance.
  (1) Subject to subsection (2) of this section, upon receipt of the certified copy of the finding as provided in ORS 222.880 (2) or (3)...
• 222.905   Application to initiate annexation.
  (1) The local board of health or the boundary commission having jurisdiction shall, if it believes a danger to public health exists within a territory...
• 222.910   [1967 c.624 §5; 1973 c.637 §13; repealed by 1975 c.639 §16 (222.911 enacted in lieu of 222.910)]
• 222.911   Participation of director, officer or employee with interest in affected territory.
  No officer or employee of the Department of Human Services who owns property or resides within affected territory that is subject to proceedings under the...
• 222.915   Application of ORS 222.840 to 222.915.
  The provisions of ORS 222.840 to 222.915 do not apply to proceedings to annex territory to any city if the charter or ordinances of the...
• 222.990   Penalties.
  Failure to comply with the provisions of ORS 222.010 subjects the city to a penalty of $100 which may be recovered by an action in...

Last modified: August 7, 2008