Chapter 199 — Chapter 199

ORS 199.110 [1963 c.516 §1; 1965 c.69 §1; repealed by 1969 c.130 §3]

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ORS 199.120 [1963 c.516 §2; 1965 c.69 §2; repealed by 1969 c.130 §3]

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ORS 199.130 [1963 c.516 §3; repealed by 1969 c.130 §3]

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ORS 199.140 [1963 c.516 §4; repealed by 1969 c.130 §3]

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ORS 199.150 [1963 c.516 §§5,6,19; 1969 c.130 §1; repealed by 1969 c.130 §3]

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ORS 199.160 [1963 c.516 §7; repealed by 1969 c.130 §3]

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ORS 199.170 [1963 c.516 §8; repealed by 1969 c.130 §3]

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ORS 199.180 [1963 c.516 §9; 1969 c.130 §2; repealed by 1969 c.130 §3]

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ORS 199.210 [1963 c.516 §10; repealed by 1969 c.130 §3]

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ORS 199.220 [1963 c.516 §11; repealed by 1969 c.130 §3]

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ORS 199.230 [1963 c.516 §§12,13; repealed by 1969 c.130 §3]

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ORS 199.240 [1963 c.516 §14(1); repealed by 1969 c.130 §3]

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ORS 199.250 [1963 c.516 §15; repealed by 1969 c.130 §3]

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ORS 199.260 [1963 c.516 §14(2); repealed by 1969 c.130 §3]

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ORS 199.270 [1963 c.516 §16; repealed by 1969 c.130 §3]

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ORS 199.280 [1963 c.516 §17; repealed by 1969 c.130 §3]

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ORS 199.310 [1963 c.516 §18; repealed by 1969 c.130 §3]

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ORS 199.410 Policy. (1) The Legislative Assembly finds that

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ORS 199.415 Definitions for ORS 199.410 to 199.534. As used in ORS 199.410 to 199.534, unless the context requires otherwise

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ORS 199.420 “District” defined for ORS 199.410 to 199.534. As used in ORS 199.410 to 199.534, unless the context requires otherwise, “district” means one of the following

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ORS 199.425 [1969 c.494 §4; 1979 c.152 §1; 1981 c.265 §2; 1997 c.516 §1; repealed by 2007 c.239 §15]

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ORS 199.427 [1993 c.424 §1; repealed by 1997 c.516 §15]

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ORS 199.430 Procedure for creating commissions by local resolution or petition. (1) 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

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ORS 199.432 Status of commission as state agency; application of certain laws. (1) A boundary commission created under ORS 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

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ORS 199.435 Organization of commission created under ORS 199.430. (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

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ORS 199.440 Membership; appointment; qualifications; term; vacancy. (1) A boundary commission shall have seven members

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ORS 199.445 Quorum; voting requirements for certain matters. 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

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ORS 199.450 Advisory committee; membership; function; term. (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

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ORS 199.452 Adoption of rules. 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]

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ORS 199.455 Expenses of members; employees; cooperation of local governments. (1) Each member of a boundary commission may receive travel and other expenses incidental to the performance of duties

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ORS 199.457 Finances; tax levy by county; donations; service charges; assessments. (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

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ORS 199.458 [1987 c.882 §6; 1997 c.516 §4; repealed by 2007 c.239 §15]

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ORS 199.459 [1981 c.793 §1; 1997 c.516 §5; repealed by 2007 c.239 §15]

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ORS 199.460 Jurisdiction of boundary commission over boundary changes. (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

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ORS 199.461 Study of proposed boundary change or other action; hearing; action by commission; judicial review; notice to public officials. (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

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ORS 199.462 Standards for review of boundary changes; territory that may not be included in certain boundary changes. (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

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ORS 199.463 Notice; hearing. (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

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ORS 199.464 Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system. (1) Approval or disapproval under this section shall be based on the policy stated in ORS 199.410

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ORS 199.465 [1969 c.494 §11; 1971 c.462 §10; 1973 c.433 §1; 1981 c.890 §6; renumbered 199.476]

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ORS 199.466 Approval of annexation or extraterritorial extension without study or hearing; conditions; appeal. (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

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ORS 199.468 Effective date of application submitted under ORS 199.464. 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]

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ORS 199.470 [1969 c.494 §12; repealed by 1971 c.462 §20]

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ORS 199.475 [1969 c.494 §13; 1971 c.462 §7; renumbered 199.461]

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ORS 199.476 When petition for major boundary change required; when economic feasibility statement required; effect of filing petition; effect of appeal. (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

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ORS 199.480 Filing of major boundary change order; effect of filing. 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

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ORS 199.483 [1987 c.882 §9; repealed by 1989 c.92 §39]

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ORS 199.485 Commission authority to initiate major boundary change; resolution as petition; content and filing of resolution. (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

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ORS 199.487 Commission authority to initiate minor boundary change; nonapplicability of certain boundary change procedures; effect of commission action. (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

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ORS 199.490 Procedure for minor boundary changes or transfers of territory. (1) A proceeding for a minor boundary change other than a transfer of territory may be initiated

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ORS 199.495 Effective date of certain annexations; nonapplicability of certain health hazard annexation procedures. In a proceeding initiated as provided by ORS 199.490 (2) and (5)

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