Title 19, Miscellaneous Matters Related to Government and Public Affairs

(1) The Legislative Assembly finds that: (a) A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services and resistance to cooperation and is a barrier to planning implementation. Such an approach has limi…

As used in ORS 199.410 to 199.534, unless the context requires otherwise: (1) “Affected city” means a city, city-county or cities, named in a petition, for which a boundary change is proposed or a city, city-county or cities, named in a final order, for which a boundary change is…

As used in ORS 199.410 to 199.534, unless the context requires otherwise, “district” means one of the following: (1) Domestic water supply district organized under ORS chapter 264. (2) Park and recreation district organized under ORS chapter 266. (3) Metropolitan service district…

(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: (a) Similar resolutions creating a commission adopted by the county board of each of the countie…

(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. (2) A boundary commission is a state agency as defined in ORS 291.002 and is not…

(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. (2) Notwithstanding ORS 199.440, of the first appointees to a commission formed under ORS 199.430, one shall serve for one year, two for …

(1) A boundary commission shall have seven members. (2) The Governor may appoint all members of a commission from a list of names obtained from cities, counties and districts within the area of jurisdiction of the boundary commission. The Governor shall prepare the list annually …

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: (1) Adopt a final order under ORS 199.461. (2…

(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…

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]

(1) Each member of a boundary commission may receive travel and other expenses incidental to the performance of duties. (2) A commission shall employ an executive officer and may employ administrative, clerical and technical assistants for carrying on its functions and it shall f…

(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. (2) A boundary commission may accept any funds, property or services, or the use of any property donated by any person, district, ci…

(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. (2) If the territory subject to the proceed…

(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: (a) Cause a study to be made of the proposal. (b) Conduct one or more public hearings on the proposal. (2) After the stud…

(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 proj…

(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 sec…

(1) Approval or disapproval under this section shall be based on the policy stated in ORS 199.410. (2) Without the approval of a boundary commission, a district with territory in the jurisdiction of the commission may not initiate an additional function of the district. Any propo…

(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.…

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 a…

(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 1…

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: (1) If the commission approved the petition as presented…

(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 princ…

(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 sha…

(1) A proceeding for a minor boundary change other than a transfer of territory may be initiated: (a) By resolution of the governing body of the affected city or district; (b) By petition signed by 10 percent of the electors registered in the affected territory; (c) By petition s…

In a proceeding initiated as provided by ORS 199.490 (2) and (5): (1) If the proposed annexation is approved by the commission, the final order shall be effective at the time specified in the final order except that the effective date for an annexation initiated as provided by OR…

(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 dis…

(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 shal…

(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…

(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…

(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 …

(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: (a) Beginning after the 90th day before a primary election or general election and ending on…

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 de…

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 cha…

The Legislative Assembly finds that: (1) Since 1985 local governments in boundary commission jurisdictions have undertaken programs involving multiple minor boundary changes, including annexation of territory, which have required the transfer of service delivery obligations from …

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 annex…

In ORS 199.705 to 199.795: (1) “City-county” means a city incorporated under ORS 199.705 to 199.795 and having both city and county functions. (2) “City in the county” means a city having more than 50 percent of its population in the county. (3) “Most populous city” means a city …

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

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]

(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 gover…

(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: (a) Two members jointly by a majority of a convention of the state Senators elected …

The charter commission: (1) Shall adopt rules to govern its proceedings. (2) May acquire property, avail itself of quarters, enter into contracts necessary for its work, and receive and expend gifts, grants and appropriations. (3) May employ administrative, clerical and technical…

(1) The commission shall call an election on a date specified in ORS 221.230. (2) At the election the following questions shall be submitted: (a) To the electors of the county and to the electors of the most populous city, the question of whether the charter shall be adopted as t…

(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 cit…

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: (1) Special districts within the unincorporated area shall not be extinguished. (2) The…

(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 progres…

(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. (2) The county clerk shall arrange for, give notice of and conduct the election. The county shall bear the expense o…

(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 …

(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 de…

(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. (2) Starting with th…

(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: (a) The boundaries shall include all territory located in any city in the c…