Chapter 199 — Chapter 199

ORS 199.500 Commission to notify counties of certain annexations with delayed effective date. (1) If a boundary commission approves an annexation and the effective date of the final order is more than one year after the date the final order is adopted, the boundary commission shall send notice to the county clerk of each county in which the affected territory, city or district is located. The notice shall be sent not sooner than 120 days and not later than 90 days prior to the effective date of the final order

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ORS 199.505 Effective date of minor boundary changes; objections; election. (1) If the boundary commission by its final order approves a minor boundary change other than a transfer of territory, the change shall take effect at the time specified in the final order. Except for annexation proceedings initiated by a city or district, the effective date shall not be less than 45 days, nor more than one year, after the date the commission adopts the final order approving the change. For annexation proceedings initiated by a city or district, the effective date shall not be earlier than 45 days, nor more than 10 years, after the date the commission adopts the final order approving the change. If no effective date is specified in the final order, the order shall take effect 45 days after the commission adopts the final order approving the change. However, the change shall not take effect unless it is also approved by the electors if within 45 days after the date of the adoption of the order

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ORS 199.507 Effective date of transfer of territory; objections; election. (1) If the boundary commission by its final order approves a transfer of territory, the change shall take effect at the time specified in the final order, but the effective date shall not be less than 45 days, nor more than one year, after the date the commission adopts the final order approving the change. If no effective date is specified in the final order, the order shall take effect 45 days after the commission adopts the final order approving the change. However, the change shall not take effect unless it is also approved by the electors if within 45 days after the date of the adoption of the order

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ORS 199.508 [1989 c.176 §4; 1995 c.712 §85; repealed by 1997 c.541 §389]

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ORS 199.510 Financial effects of transfer or withdrawal; exceptions. (1) After the date of a final order or proclamation of annexation or transfer of territory, the territory annexed or transferred shall become subject to the indebtedness, bonded or otherwise, of the affected city or district acquiring the territory in like manner as the territory within the city or district

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ORS 199.512 Commission proceedings for district formation or annexation to relieve public health danger. (1) The findings of the Director of the Oregon Health Authority filed with a boundary commission in accordance with ORS 431.740 or 431.750 shall be considered a petition for the purposes of ORS 199.410 to 199.534. When the findings of the director are filed with a commission, it shall proceed in accordance with the findings and with ORS 199.410 to 199.534, but the commission shall not inquire into the need for the proposed facilities or adjust the boundaries of the affected territory

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ORS 199.514 [1973 c.664 §3; repealed by 1975 c.326 §5]

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ORS 199.515 [1969 c.494 §19; 1971 c.462 §8; renumbered 199.462]

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ORS 199.519 Effective date of boundary change; filing boundary change with county assessor and Department of Revenue. (1) Notwithstanding any different effective date specified in ORS 199.480, 199.505 or 199.507, a boundary change under ORS 199.410 to 199.534 shall not become effective during the period

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ORS 199.520 [1969 c.494 §20; 1971 c.462 §9; renumbered 199.463]

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ORS 199.522 Economic feasibility analysis for proposed city; filing with commission prior to filing incorporation petition; review of analysis by commission; approval or rejection. If the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission, then prior to filing a petition to incorporate the territory with the county clerk under ORS 221.031, the petitioners shall file the economic feasibility analysis described in ORS 199.476 (1) with the local government boundary commission for review and approval. The local government boundary commission shall review the feasibility analysis. On the basis of the review and after consultation with the petitioners, if necessary, the boundary commission shall approve or reject the economic feasibility analysis as presented or approve it as modified by the commission. Approval or rejection of the economic feasibility analysis shall be done by an order stating the reasons for the decision of the commission. Approval or rejection of an economic feasibility analysis filed under this section shall be accomplished not later than 120 days after the feasibility analysis is filed with the boundary commission. [1987 c.882 §7]

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ORS 199.525 [1969 c.494 §21; renumbered 199.452]

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ORS 199.526 Time limit for obtaining signatures on petition for incorporation of city. When incorporation of a city is proposed within the jurisdiction of a local government boundary commission, all signatures on the petition described in ORS 221.031 and 221.040 must be obtained within any six-month period to be valid and effective to authorize a major boundary change proceeding under this chapter. [1987 c.882 §8]

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ORS 199.530 [1969 c.494 §22; renumbered 199.455]

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ORS 199.531 Policy. The Legislative Assembly finds that

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ORS 199.534 Legislative annexation of territory to cities and districts; effective date; effect on other minor boundary changes. Notwithstanding any other provision of this chapter or ORS chapter 222, territory annexed or transferred to a city or district by a minor boundary change approved by a boundary commission’s final order adopted after January 1, 1985, but before July 18, 1987, shall be in the annexing city or district by operation of ORS 198.855, 199.490, 199.531, 199.534, 222.120 and 222.170 to 222.177 commencing upon the effective date of the boundary commission’s final order. The creation by ORS 198.855, 199.490, 199.531, 199.534, 222.120 and 222.170 to 222.177 of annexations shall not void or impair any prior or subsequent minor boundary changes inside or outside of the affected territory. [1987 c.818 §3]

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ORS 199.535 [1969 c.494 §23; renumbered 199.457]

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ORS 199.540 [1969 c.494 §24; 1971 c.462 §13; renumbered 199.487]

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ORS 199.705 Definitions for ORS 199.705 to 199.795. In ORS 199.705 to 199.795

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ORS 199.710 Short title. ORS 199.705 to 199.795 may be referred to as the City-County Act of 1971. [1971 c.731 §1]

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ORS 199.715 City-county consolidation authorized. By proceeding under ORS 199.705 to 199.795, a county and the most populous city in the county may consolidate to form a city-county, and one or more of the other cities in the county and the unincorporated area may join in the consolidation. [1971 c.731 §3; 1997 c.494 §2]

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ORS 199.720 Initiation of consolidation proceedings by resolution or petition. (1) Consolidation proceedings may be initiated by resolution of the governing body of the county or of the most populous city in the county. Within five days after adoption of the resolution a true copy thereof shall be filed with the governing body, other than the adopting governing body, of each city that has any territory within the county and of each county in which such a city has territory

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ORS 199.725 Charter commission; appointment; term; first meeting; chairperson; appropriation for expenses. (1) Within 30 days after the proceedings are initiated, a charter commission comprised of persons each of whom is an elector of the county or the most populous city shall be appointed as follows

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ORS 199.730 Functions of charter commission; rules. The charter commission

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ORS 199.735 Election on consolidation; on merger. (1) The commission shall call an election on a date specified in ORS 221.230

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ORS 199.740 Effect of election. (1) The charter shall be approved and the consolidation shall take place if, and only if, the question receives at the election affirmative votes by a majority of those electors of the county voting on the question and also by a majority of those electors of the most populous city in the county voting on the question

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ORS 199.742 Charter requirements if consolidation is rejected in unincorporated area. When a majority of the electors in the unincorporated area voting on the question submitted under ORS 199.735 (2) votes against the question, the charter of the city-county shall provide that

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ORS 199.743 Financial affairs of city-county if charter becomes effective during fiscal year. (1) Notwithstanding ORS 294.305 to 294.565 and 310.010 to 310.110, if the charter for a city-county is approved under ORS 199.740 (1) and the effective date of such charter is other than the date of the beginning of the fiscal year immediately following the fiscal year in progress on the effective date of such charter, during the remainder of the fiscal year in progress on the effective date of such charter the city-county shall expend moneys and levy taxes in accordance with the budgets prepared and adopted by each of the municipal corporations consolidated, merged or dissolved in the formation of the city-county pursuant to such charter, as if such charter had not taken effect. For the purposes of this section, the city-county shall be considered to be a continuation of each municipal corporation consolidated, merged or dissolved in the formation of the city-county

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ORS 199.745 First governing body of city-county. (1) The first members of the governing body of the city-county shall be nominated and elected in the manner and at the times prescribed by the city-county charter

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ORS 199.750 Status of city-county. (1) The city-county shall be a city within the meaning of state law, except ORS 221.610, 221.621, 221.650, 222.210 to 222.310 and 222.840 to 222.915. In merger proceedings under ORS 222.610 to 222.710 consent by the city-county to the merger may be given by the governing body of the city-county without a popular vote on the merger. No merger or annexation adding territory to the city-county shall change a county boundary. Annexation to the city-county of area in another county or merger into the city-county of a city in another county shall be for the provision of city services only. Territory within the city-county may be transferred under ORS 199.490 to 199.519 to a city excluded from consolidation under ORS 199.740 (2)

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ORS 199.753 City-county service district. (1) A city-county may establish service districts as provided by ORS 199.705 to 199.795 and ORS chapter 451. For the purposes of ORS chapter 451, a city-county shall be considered a county and the city-county legislative body shall be considered a county court. The charter may delegate or provide for the delegation of executive and administrative responsibilities in respect to service districts to the chief executive officer and administrative departments of the city-county

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ORS 199.755 Receipt of state funds by city-county. (1) A city-county shall receive a share of the revenues allocated to counties under ORS 323.455, 366.762 and 471.810. Subject to subsections (2) and (3) of this section, it shall also receive a share allocated under ORS 323.455, 366.800 and 471.810 to cities

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ORS 199.760 Boundaries of city-county; effect of change; filing boundary change with county assessor and Department of Revenue. (1) When a city-county is incorporated, for purposes of county functions its boundaries shall be the boundaries of the county that is consolidated into the city-county, and for purposes of city functions

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ORS 199.765 Permanent rate limit for operating taxes of city-county. The charter for a city-county shall specify the permanent rate limit for operating taxes for the city-county within the meaning of section 11 (3), Article XI of the Oregon Constitution. The permanent rate limit shall be a rate that would produce the same tax revenue as would have been cumulatively produced by the cities that are the subject of the consolidation, the county and all special districts automatically extinguished under ORS 222.510 or by ORS 199.705 to 199.795, not taking into account any applicable statutory rate limit on operating taxes. To provide for the administration of differential taxation, the charter may establish districts on the basis of services to be provided by the city-county and prescribe operating tax rates for the different districts, except that the operating tax rates may not cumulatively exceed the permanent rate limit established for the city-county under this section. The charter shall provide procedure for modification or dissolution of such districts and for changing such tax rate formula, after the first fiscal year in which the city-county imposes ad valorem property taxes. [1971 c.731 §13; 1973 c.431 §1; 1997 c.541 §350; 1999 c.21 §2]

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ORS 199.770 Status of employees after consolidation. After a consolidation is effected under ORS 199.705 to 199.795, there shall be preserved and continued, to at least the same extent as they exist at the time immediately before the city-county comes into existence, the employment status and pension and other benefit rights of the employees of the consolidating, merging or extinguished governmental units, including, but not limited to

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ORS 199.775 Effect of city-county incorporation. (1) When a city-county is incorporated, it shall

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ORS 199.777 New county or county boundary change authorized when unincorporated area rejects consolidation. (1) When a city-county charter is approved and city-county consolidation takes place under ORS 199.705 to 199.795 and if, at the election held under ORS 199.735, a majority of the electors in the unincorporated area voting at the election votes to reject the proposed city-county charter and city-county consolidation, the electors of the unincorporated area may seek to form a new county in the unincorporated area or to change the boundaries of the city-county and a contiguous county in order to place the unincorporated area within that contiguous county

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ORS 199.780 Petition for county formation or boundary change; contents; required number of signatures. When it is desired to form a new county out of an unincorporated area or one or more contiguous cities or to change the boundaries of a city-county and an existing contiguous county, a petition praying for the formation of the new county or for the change in the boundaries of the city-county and the contiguous county shall be presented to the governing body of each city-county or county affected by the proposed formation or boundary change. The petition shall describe the territory proposed to be formed into the new county or transferred from the city-county to the contiguous county, together with the name of the proposed new county, if the petitioners seek formation of a new county. The petition shall be signed by a number of qualified electors registered in the territory to be formed into the new county or registered in the territory to be transferred to the contiguous county after the change in boundaries that is equal to 15 percent of the votes cast within such territory for all candidates for Governor at the election at which a Governor was elected next preceding the filing of the petition. [1997 c.494 §12]

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ORS 199.783 Division of assets when petition is for boundary change; commissioners to adopt plan for division; appointment of commissioners; effect of plan. (1) When the petition provided for in ORS 199.780 is for a change in the boundaries of the city-county and a contiguous county, the governing body of the contiguous county and the governing body of the city-county shall appoint two commissioners each to jointly arrange the terms in respect to assumption of liabilities and division of assets among the contiguous county and the city-county, upon which the change in boundaries shall be made

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ORS 199.785 Election on county formation or boundary change; election procedure; ballot title. (1) If the governing body finds that the proposed formation or boundary change will not result in any new or remaining county having an area or population less than required by the Constitution of this state, the governing body shall call an election on a date specified in ORS 203.085 for the purpose of submitting to the electors the question of

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ORS 199.787 Certification of election results. The county clerk in the contiguous county and the equivalent election officer in the city-county shall certify to the Secretary of State a copy of the summary of votes cast on the question of creating a new county or changing boundaries. Such election officer also shall certify to the Secretary of State the name, territorial contents and boundaries of the new county, or the names, territorial contents and boundaries of the county and city-county affected by the change in boundaries. [1997 c.494 §15]

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ORS 199.790 Issuance of proclamation by Governor. (1) If an election for the purpose of establishing a new county is held, the Governor shall issue a proclamation declaring a new county created when, of the electors voting at the election, a majority of the electors residing within the limits of the proposed new county voted in favor of the creation of the new county

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ORS 199.795 Operation and effect of proclamation. (1) If the election was for the purpose of establishing a new county, the unincorporated area thereafter shall be a county for all civil, military and other purposes

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ORS 199.890 [2007 c.243 §1; 2009 c.242 §1; renumbered 98.515 in 2009]

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ORS 199.891 [2007 c.243 §2; renumbered 98.520 in 2009]

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