US Laws, Codes, Statutes & Cases

Chapter 199 — Local Government Boundary Commissions; City-County Consolidation

 

2005 EDITION

 

 

BOUNDARY COMMISSIONS; CONSOLIDATION

 

MISCELLANEOUS MATTERS

 

LOCAL GOVERNMENT BOUNDARY COMMISSIONS

 

(Temporary provisions relating to requirements for annexation of certain industrial lands are compiled as notes preceding ORS 199.410)

 

(Generally)

 

199.410     Policy

 

199.415     Definitions for ORS 199.410 to 199.534

 

199.420     “District” defined

 

(Commission)

 

199.425     Local government boundary commission; area of jurisdiction

 

199.430     Procedure for creating commissions by local resolution or petition

 

199.432     Status of commission as state agency; application of certain laws

 

199.435     Organization of commission created under ORS 199.430

 

199.440     Membership; appointment; qualifications; term; vacancy

 

199.445     Quorum; voting requirements for certain matters

 

199.450     Advisory committee; membership; function; term

 

199.452     Adoption of rules

 

199.455     Expenses of members; employees; cooperation of local governments

 

199.457     Finances; tax levy by county; donations; service charges; assessments

 

199.458     District assessments prohibited when commission services not used; increase in assessments for county and cities

 

199.459     Lane County Local Government Boundary Commission Fund

 

(Jurisdiction; General Procedure)

 

199.460     Jurisdiction of boundary commission over boundary changes

 

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

 

199.462     Standards for review of boundary changes; territory which may not be included in certain boundary changes

 

199.463     Notice; hearing

 

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

 

(Boundary Change Procedure)

 

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

 

199.468     Effective date of application submitted under ORS 199.464

 

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

 

199.480     Filing of major boundary change order; effect of filing

 

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

 

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

 

199.490     Procedure for minor boundary changes or transfers of territory

 

199.495     Effective date of certain annexations; nonapplicability of certain health hazard annexation procedures

 

199.500     Commission to notify counties of certain annexations with delayed effective date

 

199.505     Effective date of minor boundary changes; objections; election

 

199.507     Effective date of transfer of territory; objections; election

 

199.510     Financial effects of transfer or withdrawal; exceptions

 

199.512     Commission proceedings for district formation or annexation to relieve public health danger

 

199.519     Effective date of boundary change; filing boundary change with county assessor and Department of Revenue

 

199.522     Economic feasibility analysis for proposed city; filing with commission prior to filing incorporation petition; review of analysis by commission; approval or rejection

 

199.526     Time limit for obtaining signatures on petition for incorporation of city

 

199.531     Policy

 

199.534     Legislative annexation of territory to cities and districts; effective date; effect on other minor boundary changes

 

CITY-COUNTY CONSOLIDATION

 

(Generally)

 

199.705     Definitions for ORS 199.705 to 199.795

 

199.710     Short title

 

199.715     City-county consolidation authorized

 

199.720     Initiation of consolidation proceedings by resolution or petition

 

(Commission)

 

199.725     Charter commission; appointment; term; first meeting; chairperson; appropriation for expenses

 

199.730     Functions of charter commission; rules

 

(Consolidation)

 

199.735     Election on consolidation; on merger

 

199.740     Effect of election

 

199.742     Charter requirements if consolidation is rejected in unincorporated area

 

199.743     Financial affairs of city-county if charter becomes effective during fiscal year

 

199.745     First governing body of city-county

 

199.750     Status of city-county

 

199.753     City-county service district

 

199.755     Receipt of state funds by city-county

 

199.760     Boundaries of city-county; effect of change; filing boundary change with county assessor and Department of Revenue

 

199.765     Permanent rate limit for operating taxes of city-county

 

199.770     Status of employees after consolidation

 

199.775     Effect of city-county incorporation

 

(County Formation or Boundary Change After Consolidation)

 

199.777     New county or county boundary change authorized when unincorporated area rejects consolidation

 

199.780     Petition for county formation or boundary change; contents; required number of signatures

 

199.783     Division of assets when petition is for boundary change; commissioners to adopt plan for division; appointment of commissioners; effect of plan

 

199.785     Election on county formation or boundary change; election procedure; ballot title

 

199.787     Certification of election results

 

199.790     Issuance of proclamation by Governor

 

199.795     Operation and effect of proclamation

 

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

     

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

LOCAL GOVERNMENT BOUNDARY COMMISSIONS

 

(Temporary provisions relating to requirements for annexation of certain industrial lands)

 

      Note: Sections 3, 4 and 11, chapter 539, Oregon Laws 2005, provide:

      Sec. 3. Section 4 of this 2005 Act is added to and made a part of ORS 199.410 to 199.534. [2005 c.539 §3]

      Sec. 4. (1) A lot, parcel or tract may not be included in territory proposed to be annexed unless the owner of the lot, parcel or tract gives written consent to the annexation, if the lot, parcel or tract:

      (a) Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;

      (b) Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;

      (c) Has an assessed value of more than $2 million, including improvements; and

      (d) Is in unincorporated Jackson County, either:

      (A) Within the urban unincorporated community of White City, west of Oregon Route 62; or

      (B) Within the urban growth boundary of the City of Medford, west of Oregon Route 99.

      (2) After annexation of a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when it is annexed are retained and run with the lot, parcel or tract.

      (3) As used in this section, “urban unincorporated community” means an unincorporated community that:

      (a) Includes at least 150 permanent residential dwelling units;

      (b) Contains a mixture of land uses, including three or more public, commercial or industrial land uses;

      (c) Includes areas served by a community sewer system; and

      (d) Includes areas served by a community water system. [2005 c.539 §4]

      Sec. 11. Sections 2, 4, 6, 8 and 10 of this 2005 Act are repealed June 30, 2016. [2005 c.539 §11]

 

(Generally)

 

      199.410 Policy. (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 limited the orderly development and growth of Oregon’s urban areas to the detriment of the citizens of this state.

      (b) The programs and growth of each unit of local government affect not only that particular unit but also the activities and programs of a variety of other units within each urban area.

      (c) As local programs become increasingly intergovernmental, the state has a responsibility to insure orderly determination and adjustment of local government boundaries to best meet the needs of the people.

      (d) Local comprehensive plans define local land uses but may not specify which units of local government are to provide public services when those services are required.

      (e) Urban population densities and intensive development require a broad spectrum and high level of community services and controls. When areas become urbanized and require the full range of community services, priorities are required regarding the type and levels of services that the residents need and desire. Community service priorities need to be established by weighing the total service needs against the total financial resources available for securing services. Those service priorities are required to reflect local circumstances, conditions and limited financial resources. A single governmental agency, rather than several governmental agencies is in most cases better able to assess the financial resources and therefore is the best mechanism for establishing community service priorities.

      (2) It is the intent of the Legislative Assembly that each boundary commission establish policies and exercise its powers under this chapter in order to create a governmental structure that promotes efficiency and economy in providing the widest range of necessary services in a manner that encourages and provides planned, well-ordered and efficient development patterns.

      (3) The purposes of ORS 199.410 to 199.534 are to:

      (a) Provide a method for guiding the creation and growth of cities and special service districts in Oregon in order to prevent illogical extensions of local government boundaries and to encourage the reorganization of overlapping governmental agencies;

      (b) Assure adequate quality and quantity of public services and the financial integrity of each unit of local government;

      (c) Provide an impartial forum for the resolution of local government jurisdictional questions;

      (d) Provide that boundary determinations are consistent with acknowledged local comprehensive plans and are, in conformance with statewide planning goals. In making boundary determinations the commission shall first consider the acknowledged comprehensive plan for consistency of its action. Only when the acknowledged local comprehensive plan provides inadequate policy direction shall the commission consider the statewide planning goals. The commission shall consider the timing, phasing and availability of services in making a boundary determination; and

      (e) Reduce the fragmented approach to service delivery by encouraging single agency service delivery over service delivery by several agencies. [1969 c.494 §1; 1981 c.265 §1; 1989 c.92 §8; 1997 c.541 §347]

 

      199.415 Definitions for ORS 199.410 to 199.534. 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 ordered.

      (2) “Affected district” means a district or districts, named in a petition, for which a boundary change is proposed or a district or districts, named in a final order, for which a boundary change is ordered.

      (3) “Affected territory” means territory described in a petition.

      (4) “Boundary change” means a major or minor boundary change.

      (5) “Boundary commission” or “commission” means a local government boundary commission formed under ORS 199.410 to 199.534.

      (6) “City council” means the governing body of a city.

      (7) “County board” means the county court or board of county commissioners of a county located within the jurisdiction of a boundary commission or proposed boundary commission.

      (8) “District” means one of the districts named in ORS 199.420.

      (9) “District board” means the governing body of a district.

      (10) “Filing agency” means the county board, district board, city council or other public officer or agency designated by the principal Act to receive or take the first action on a petition for a boundary change.

      (11) “Major boundary change” means formation, merger, consolidation or dissolution of a city or district.

      (12) “Minor boundary change” means an annexation, withdrawal or transfer of territory to or from a city or district or a transfer of territory from a city-county to a city.

      (13) “Owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete assessment roll.

      (14) “Petition” includes resolution, order, articles of incorporation and any other form of initiatory action for a boundary change.

      (15) “Principal Act” means, with reference to a city, ORS chapters 221, except ORS 221.230, and 222 and, with reference to a district, the statutes, other than ORS 199.410 to 199.534, which describe the powers of an affected district including but not limited to the statutes under which a district is proposed or is operating.

      (16) “Proceeding” means a proceeding to consider a boundary change.

      (17) “Transfer of territory” means the process of simultaneous withdrawal and annexation of territory from one district to another district organized under the same principal Act other than ORS 198.705 to 198.955, or the simultaneous withdrawal and annexation of territory from one city or city-county to another city.

      (18) “Withdrawal” includes the detachment, disconnection or exclusion of territory from an existing city or district. [1969 c.494 §2; 1971 c.462 §1; 1973 c.664 §1; 1975 c.361 §1; 1989 c.92 §9; 1997 c.494 §18]

 

      199.420 “District” defined. 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 organized under ORS chapter 268.

      (4) Highway lighting district organized under ORS chapter 372.

      (5) Sanitary district organized under ORS 450.005 to 450.245.

      (6) Sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989.

      (7) County service district organized under ORS chapter 451.

      (8) Vector control district organized under ORS 452.020 to 452.170.

      (9) Rural fire protection district organized under ORS chapter 478.

      (10) Geothermal heating district organized under ORS chapter 523.

      (11) Corporations organized under ORS chapter 554 for the purpose of supplying water for domestic use or any other district supplying or seeking to supply domestic water.

      (12) Library district organized under ORS 357.216 to 357.286.

      (13) Special road district organized under ORS 371.305 to 371.360. [1969 c.494 §3; 1971 c.462 §2; 1975 c.782 §49; 1983 c.336 §1; 1987 c.863 §7; 1989 c.92 §10; 1993 c.577 §16]

(Commission)

 

      199.425 Local government boundary commission; area of jurisdiction. A local government boundary commission hereby is created, having jurisdiction in the area consisting of Lane County. [1969 c.494 §4; 1979 c.152 §1; 1981 c.265 §2; 1997 c.516 §1]

 

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

 

      199.430 Procedure for creating commissions by local resolution or petition. (1) Outside the areas described in ORS 199.425, 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 counties within the jurisdiction of the commission; or

      (b) Similar petitions, signed by the electors of each county within the jurisdiction of the proposed commission, requesting the creation of a commission having jurisdiction within the counties, filed with and approved by order of the county boards of each county in the jurisdiction of the commission.

      (2) Each petition filed with a county board requesting creation of a boundary commission shall be signed by not less than 10 percent of the registered electors of the county. The petition shall be approved by the county board if it finds that the needs of the local government units in the territory described in the petition and the public interest would be benefited by the establishment of a boundary commission to carry out the purposes described by ORS 199.410.

      (3) A resolution creating or an order approving the creation of a boundary commission is effective on:

      (a) The date the last county board in the jurisdiction of the commission adopts the resolution or order; or

      (b) The date specified in the order, or resolution, but not more than 60 days after the adoption of the resolution or order.

      (4) When a commission is created under this section, copies of the resolutions or orders of the county boards shall be filed with the Governor, the Secretary of State, and the county clerk and the assessor of each county within the jurisdiction of the commission.

      (5) A commission created as provided by this section shall not have jurisdiction of any proceeding initiated prior to the effective date of the resolution or order creating such commission. [1969 c.494 §5; 1971 c.462 §3; 1979 c.645 §1; 1980 c.14 §4; 1981 c.265 §3]

 

      199.432 Status of commission as state agency; application of certain laws. (1) A boundary commission created under ORS 199.425 or 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 subject to the provisions of ORS 291.201 to 291.226, 291.230 to 291.260, 291.371, 291.373, 291.375 or 291.385.

      (3) A boundary commission employing personnel under ORS 199.455 shall provide employee benefits provided to state management service employees. [1979 c.545 §3; 1981 c.265 §4; 1983 c.336 §2; 1989 c.92 §11; 2003 c.14 §99; 2003 c.734 §15]

 

      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.

      (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 two years, two for three years and two for four years. The respective terms of the first appointees shall be determined by lot at the first meeting of the commission.

      (3) The Governor shall fix the time and place of the first meeting and notify the members of the commission thereof. The first meeting shall be an organizational meeting. [1969 c.494 §8]

 

      199.440 Membership; appointment; qualifications; term; vacancy. (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 and keep it current so timely appointments will be made as vacancies occur. The Governor shall endeavor to appoint members from the various cities, counties and districts so as to provide geographical diversity of representation on the commission.

      (3) To be qualified to serve as a member of a commission, a person must be a resident of the area subject to the jurisdiction of the commission. A person who is an elected or appointed officer or employee of a city, county or district may not serve as a member of a commission. No more than two members of a commission shall be engaged principally in the buying, selling or developing of real estate for profit as individuals, or receive more than half of their gross income as or be principally occupied as members of any partnership, or as officers or employees of any corporation, that is engaged principally in the buying, selling or developing of real estate for profit. No more than two members of a commission shall be engaged in the same kind of business, trade, occupation or profession.

      (4) A member shall be appointed to serve for a term of four years. A person shall not be eligible to serve for more than two consecutive terms, exclusive of:

      (a) Any service for the unexpired term of a predecessor in office.

      (b) Any term less than four years served on the commission first appointed.

      (5) A commission may declare the office of a member vacant for any cause set out by ORS 236.010 or for failure, without good reason, to attend two consecutive meetings of the commission. A vacancy shall be filled by the Governor. If the Governor has not filled a vacancy within 45 days after the vacancy occurs, then, and until such time as the vacancy is filled, the remaining members of a commission shall comprise and act as the full membership of the commission for purposes of ORS 199.445. [1969 c.494 §6; 1975 c.653 §1; 1979 c.374 §1; 1981 c.265 §5; 1989 c.92 §12b; 1989 c.321 §4; 1991 c.15 §1; 1997 c.516 §2]

 

      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:

      (1) Adopt a final order under ORS 199.461.

      (2) Adopt rules under ORS 199.452. [1969 c.494 §9; 1971 c.462 §4]

 

      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.

      (2) The advisory committee shall meet as necessary. The advisory committee shall also meet on the call of the commission.

      (3)(a) The committee may review each petition filed with the commission except a petition filed under ORS 199.495. If the committee reviews a petition, it may submit a recommendation on the petition to the boundary commission within 30 days after the petition is filed with the commission.

      (b) The committee shall review each administrative rule of the commission prior to its adoption. The committee may propose any changes to the commission’s rules, policies or practices as it deems necessary or desirable.

      (4) In addition to its other functions and duties, the advisory committee shall review the annual budget of the boundary commission and any assessments levied under ORS 199.457. The advisory committee shall meet with the commission and may make such recommendations relating to the budget or assessments as it deems necessary or prudent. The budget or an assessment levied under ORS 199.457 shall be effective only when approved by the advisory committee.

      (5) A member shall serve for a term of two years. Of the members first appointed, however, four shall serve for terms of one year and five shall serve for terms of two years. The respective terms of the members shall be determined by lot at the first meeting of the advisory committee. [1969 c.494 §9a; 1971 c.462 §5; 1981 c.265 §6; 1983 c.336 §3; 1989 c.92 §13]

 

      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]

 

      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.

      (2) A commission shall employ an executive officer and may employ administrative, clerical and technical assistants for carrying on its functions and it shall fix their compensation.

      (3) The governing bodies of cities, counties and districts located within the area of jurisdiction of a boundary commission shall cooperate when requested with the boundary commission by providing information, records, materials and other forms of support and, if available, consulting services and staff assistance. [Formerly 199.530; 1981 c.265 §7]

 

      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.

      (2) A boundary commission may accept any funds, property or services, or the use of any property donated by any person, district, city or county in carrying out the purposes of ORS 199.410 to 199.534.

      (3) A boundary commission, with the approval of the advisory committee appointed under ORS 199.450, may establish and collect reasonable service charges from persons, cities, the county or counties and special districts within its jurisdiction to defray the costs of operating the commission and carrying out the purposes of ORS 199.410 to 199.534. Such charges shall include, but not be limited to, fees for filing a petition or resolution for a boundary change with the commission.

      (4) In addition to any service charges established under subsection (3) of this section, a boundary commission may determine it is necessary to charge cities and counties within its jurisdiction for services and activities carried out under ORS 199.410 to 199.534. If the commission determines that it is necessary to charge cities and counties within its jurisdiction for any fiscal year, the commission shall determine, with the approval of the advisory committee appointed under ORS 199.450, the total amount to be charged and shall assess each city and county with the portion of the total amount as the population of the portion of the city or county within the jurisdiction of the commission bears to the total population of the area within the jurisdiction of the commission. For the purposes of this subsection, the population of a county does not include the population of any city situated within the boundaries of that county. An assessment made under this subsection shall not exceed 21 cents per capita per year for a boundary commission created pursuant to ORS 199.425.

      (5) In addition to any service charges, established under subsection (3) of this section, a boundary commission may determine it is necessary to charge districts within its jurisdiction for services and activities carried out under ORS 199.410 to 199.534. If the commission determines that it is necessary to charge districts within its jurisdiction for any fiscal year, the commission shall determine, with the approval of the advisory committee appointed under ORS 199.450, the total amount to be charged and shall assess each district with the portion of the total amount as the assessed valuation of the district within the jurisdiction of the commission bears to the total assessed valuation of all districts within the jurisdiction of the commission. For purposes of this subsection, the assessed valuation of inactive or nonfunctioning districts shall not be included in the total assessed valuation of all districts and such districts shall not be assessed. For a boundary commission created pursuant to ORS 199.425 any district with an assessed valuation over $1 billion shall be assessed a flat rate of $2,500 per year and such district’s assessed valuation shall not be included in the total assessed valuation of all districts within the jurisdiction of the commission. An assessment made under this subsection shall not exceed 0.00878 dollars per thousand dollars of assessed valuation per year for a boundary commission created pursuant to ORS 199.425. However, assessments shall not be made by a boundary commission under this subsection against a highway lighting district organized under ORS chapter 372, a vector control district organized under ORS chapter 452 or a county service district organized under ORS chapter 451 for the purpose of providing street lighting works or vector control.

      (6) For each fiscal year beginning on or after July 1, 1982, the commission shall notify each city, county or district governing body of its intent to levy an assessment under this section and the amount of the assessment for each city, county and district at least 120 days before the beginning of the fiscal year for which the assessment will be made.

      (7) The decision of the commission to assess the cities, counties and districts within its jurisdiction, and the amount of the assessment upon each, shall be binding upon those governmental bodies. Cities, counties and districts shall pay their assessment in equal quarterly payments as the commission may require except that any city or district with a total annual assessment of less than $100 shall pay the total assessment in one installment at the time specified for the second quarterly payment.

      (8) When a city or district located in a county outside the jurisdiction of a boundary commission annexes or otherwise incorporates territory located within the jurisdiction of a boundary commission, the boundary commission shall assess the city or district with the portion of the total amount determined under subsection (4) or (5) of this section as the assessed valuation of the territory of the city or district within the jurisdiction of the boundary commission bears to the total assessed valuation of the entire city or district. [Formerly 199.535; 1981 c.265 §8; 1983 c.336 §5; 1989 c.92 §14; 1997 c.516 §3]

 

      199.458 District assessments prohibited when commission services not used; increase in assessments for county and cities. (1) Notwithstanding ORS 199.457 (4) to (7), a boundary commission created under ORS 199.425 shall not levy the assessments authorized by ORS 199.457 (4) to (7) upon a district when the district has not utilized the services of the commission during the two fiscal years immediately preceding the fiscal year for which the assessment would otherwise be levied. As used in this section, “utilized the services of the commission” means processing a boundary change or application under ORS 199.464 through the commission by means of either the regular or expedited process.

      (2) For any fiscal year, when any district assessment is limited by operation of subsection (1) of this section, the boundary commission shall increase the assessment under ORS 199.457 (4) against each city with a population exceeding 85,000 and the county in order to obtain the amount of revenues lost to the boundary commission by reason of the assessment limit imposed by subsection (1) of this section. The increase in assessments authorized by this subsection shall be assessed against the county and each city with a population exceeding 85,000 in the same proportion as the population of the city or county bears to the total population of the unincorporated area of the county and of all cities with a population exceeding 85,000. [1987 c.882 §6; 1997 c.516 §4]

 

      Note: 199.458 was added to and made a part of ORS chapter 199 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      199.459 Lane County Local Government Boundary Commission Fund. (1) There is established in the State Treasury separate from the General Fund a fund to be known as the Lane County Local Government Boundary Commission Fund into which shall be deposited all revenues received pursuant to ORS 199.457.

      (2) Amounts in the fund established under subsection (1) of this section are continuously appropriated for the purposes of the commission. [1981 c.793 §1; 1997 c.516 §5]

 

      Note: 199.459 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 199 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Jurisdiction; General Procedure)

 

      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.

      (2) If the territory subject to the proceeding is within the jurisdiction of two or more commissions, the highest assessed value commission shall have primary jurisdiction in the conduct of the proceeding under ORS 199.410 to 199.534, and all other commissions having jurisdiction of the territory shall cooperate in the conduct of the proceeding. On the call of the highest assessed value commission, the commissions shall meet as a joint commission to hold hearings and to adopt a final order in the proceeding. As used in this subsection, “highest assessed value commission” means the commission having jurisdiction of the greatest portion of the taxable assessed valuation of the affected territory. [1969 c.494 §10; 1971 c.462 §6; 1989 c.92 §15; 1997 c.516 §6]

 

      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:

      (a) Cause a study to be made of the proposal.

      (b) Conduct one or more public hearings on the proposal.

      (2) After the study and hearings, the boundary commission may alter the boundaries set out in a petition for formation or a minor boundary change of a city or district or in a petition for consolidation of cities so as either to include or exclude territory. If the commission determines that any land has been improperly omitted from the proposal and that the owner of the land has not appeared at the hearing, in person or by a representative designated in writing, the commission shall continue the hearing on the petition and shall order notice given to the nonappearing owner requiring appearance of the owner before the commission to show cause, if any, why the land should not be included in the proposal. For minor boundary change modifications, notice to nonappearing owners may be given by personal service or by letter sent by first-class mail, at least 10 days prior to the date to which the hearing has been continued. For major boundary change modifications, notice to nonappearing owners may be given by personal service, by letter sent by first-class mail or by a legal advertisement in a newspaper of general circulation in the area at least 15 days prior to the date to which the hearing has been continued. The required notice may be waived by the nonappearing owner.

      (3) After the study and hearings the boundary commission may alter the application for extraterritorial sewer or water line extensions to include or exclude line and connections thereto, and may alter the application for formation of a privately owned sewer or water system or allocation of territory to a community water supply system to include or exclude territory. If the commission determines that any land has been improperly omitted from a proposal to form a private water or sewer system or allocate territory to a community water system, or that any line or connections have been improperly omitted from a proposal to extend extraterritorially a water or sewer line, and that the owner of the property to be included or to which the line is being extended has not appeared at the hearing, in person or by a representative designated in writing, the commission shall continue the hearing on the proposal and shall order notice given to the nonappearing owner requiring appearance of the owner before the commission to show cause, if any, why the land or line or connection should not be included in the proposal. Notice to nonappearing owners may be given by personal service or by letter sent by first-class mail, at least 10 days prior to the date to which the hearing has been continued. The required notice may be waived by the nonappearing owner.

      (4) On the basis of the study and on the basis of the facts presented at the hearing, the boundary commission shall approve the proposed boundary change or application under ORS 199.464 as presented or as modified by the commission or disapprove the proposed change, by an order stating the reasons for the decision of the commission. Jurisdiction for judicial review of such an order is conferred upon the Court of Appeals. Except as provided in ORS 183.315 (1), any person interested in a boundary change may petition for judicial review of the order under ORS 183.482.

      (5) Immediately after the effective date of a final order entered under subsection (4) of this section and a proclamation declaring a minor boundary change approved if any is entered under ORS 199.505 (3), the commission shall file a copy of the order and proclamation, if any, with the Secretary of State, the Department of Revenue, the assessor and the county clerk of each county in which the affected territory, city or district is located, and the clerk of the affected city or district. If the commission disapproves a minor boundary change, it shall send a copy of the final order to the person who actually filed the petition and to the affected city or district.

      (6) Immediately after the effective date of a final order on an application under ORS 199.464, the commission shall file a copy of the order with the applicant, the Department of Human Services, the Department of Environmental Quality and the county planning department. [Formerly 199.475; 1979 c.772 §16; 1981 c.265 §9; 1983 c.336 §6; 1989 c.92 §16]

 

      199.462 Standards for review of boundary changes; territory which 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.

      (2) Subject to any provision to the contrary in the principal Act of the affected district or city and subject to the process of transfer of territory:

      (a) Territory within a city may not be included within or annexed to a district without the consent of the city council;

      (b) Territory within a city may not be included within or annexed to another city; and

      (c) Territory within a district may not be included within or annexed to another district subject to the same principal Act. [Formerly 199.515; 1975 c.361 §2; 1979 c.374 §2; 1981 c.748 §18; 1983 c.336 §7; 1989 c.92 §17]

 

      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.

      (2) Notice of a hearing shall describe the proposed boundary change or application under ORS 199.464, state the time and place of the hearing and that any interested person may appear and shall be given a reasonable opportunity to be heard.

      (3) A hearing may be adjourned or continued to another time so long as notice of the continued hearing meets the requirements of ORS chapter 193. [Formerly 199.520; 1983 c.336 §8; 1989 c.92 §18]

 

      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.

      (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 proposal by a district to initiate an additional function shall be referred immediately to the boundary commission that has jurisdiction of the territory in which the district lies. The district shall take no further action on the proposal unless the commission approves the proposal as proposed or modified.

      (3) Except for lines which provide no extraterritorial service, without the approval of a boundary commission, a city or district with territory in the jurisdiction of the commission shall not extend a water or sewer line extraterritorially to an extent not effected on October 5, 1973. Tentative plans for such extraterritorial extension shall be submitted to the boundary commission that has jurisdiction of the territory in which the extension is proposed. If the commission disapproves the plans, no further action may be taken.

      (4) Except as provided in subsection (5)(d) of this section, within territory subject to the jurisdiction of a boundary commission, no person may establish a community water supply system or a privately owned sewerage system or privately owned disposal system or extend a water line or sewer line without commission approval. Tentative plans for such approval shall be submitted to the boundary commission that has jurisdiction of the territory for which the establishment or extension is proposed. However, extension by a city or district of water lines or sewer lines shall be governed by subsection (3) of this section and the requirements of this section shall not apply to establishment of a city-owned or district-owned community water supply system within its boundaries.

      (5)(a) A community water supply system within the territory subject to the jurisdiction of a commission may apply to the commission for allocation of service territory. If the territory is allocated to a community water supply system, no other community water supply system may serve within the territory without approval of the commission and the approval may not be given so long as the existing system is reliable and has an adequate quality and quantity of water.

      (b) In condemning all or part of the properties and allocated service territory of a private community water supply system through eminent domain, the acquisition price shall be fair market value.

      (c) No part of the acquisition price for all or part of a community water supply system acquired by eminent domain shall be specially assessed against the property within the acquired service territory, or its owners on a special benefit assessment basis.

      (d) A community water supply system to which service territory has been allocated under this subsection may extend or establish water lines within the territory without further approval of the commission.

      (6) Action which under this section requires approval by a boundary commission but is taken without that approval may be enjoined, upon suit in a court of competent jurisdiction, by the boundary commission in whose territorial jurisdiction the action is taken.

      (7) As used in this section:

      (a) “Community water supply system” means a source of water and distribution system whether publicly or privately owned that serves more than three residences or other users where water is provided for public consumption including, but not limited to, a school, farm labor camp, an industrial establishment, a recreational facility, a restaurant, a motel, a mobile home or manufactured dwelling park, or a group care home.

      (b) “Disposal system” is that system described by ORS 468B.005, except for individual subsurface disposal systems.

      (c) “Sewer line” includes every gravity sewer line that is eight inches or more in diameter and all force lines regardless of size, except a line connecting a sewer system with the premises of the user unless the line provides for extraterritorial extension of service.

      (d) “Sewerage system” is that system described by ORS 468B.005.

      (e) “Tentative plans” submitted to the boundary commission for approval shall include:

      (A) For the establishment of a water system or extension of a water line:

      (i) The source of the supply and quantity of water available.

      (ii) The transmission, distribution and storage system size and location.

      (iii) The proposed number of service connections, a map, and a legal description indicating the proposed service area.

      (B) For the establishment of a sewer system or extension of a sewer line:

      (i) The location of the treatment facility and outfall or other method of disposal.

      (ii) The size and location of the collection system.

      (iii) The proposed number of service connections, a map, and a legal description indicating the proposed service area.

      (f) “Water line” includes every water line except a line connecting a community water supply system with the premises of the water user unless the line provides for extraterritorial extension of service. [1973 c.684 §2; 1975 c.330 §1; 1979 c.374 §3; 1979 c.880 §4; 1983 c.336 §9; 1989 c.92 §19; 1989 c.648 §58; 2003 c.469 §2; 2005 c.22 §149]

 

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

 

(Boundary Change Procedure)

 

      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.

      (2) If, within 25 days after the filing of an annexation petition or application for an extraterritorial water or sewer line extension, a person or governing body that received a copy of the executive officer’s analysis and recommendation under subsection (1) of this section does not ask in writing for a public hearing on the proceeding under ORS 199.461, the petition or application shall be considered approved by the commission. After such approval, the executive officer of the commission shall send written notification of the approval to the officials and persons described in ORS 199.461 (5) or (6). For an annexation petition, the notification shall contain a legal description and map describing the territory approved for annexation, and for an application under ORS 199.464 (3) or (4), a general description and map of the territory affected by the extension. If a request for a public hearing is received by the commission within the 25-day period after the filing, the commission shall proceed as provided by ORS 199.460 to 199.463 and 199.490 to 199.534.

      (3) Any person, city, county or district may appeal the approval of a petition or tentative plans under this section as provided in ORS 199.461 (4). [1981 c.265 §14; 1983 c.336 §12; 1989 c.92 §20]

 

      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]

 

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

     

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

 

      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.

      (2) The proceeding under the principal Act shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency. Suspension of the proceeding under this section shall not continue for more than 120 days after the date the commission receives the petition.

      (3) If a final order is not adopted within the 120 days, the petition shall be considered approved by the commission.

      (4) Notwithstanding subsection (3) of this section, if a final order of a commission is appealed for review by the Court of Appeals and a copy of the petition for judicial review is filed with the filing agency within 60 days after the date on which the final order is issued, the suspension period shall be extended and continue until the petition for judicial review is determined and the results thereof certified to the filing agency.

      (5) A determination by the board of directors of a county service district that there is a public need for the continued existence of the district shall be reviewed as provided in this section. [Formerly 199.465; 1983 c.336 §13; 1987 c.504 §10; 1987 c.882 §10; 1989 c.92 §21]

 

      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:

      (1) If the commission approved the petition as presented or as modified, the proceeding shall continue as provided by the principal Act; except that when a commission considers and enters a final order on a petition:

      (a) The city council or county or district board need not call or hold a hearing on the petition and shall not change boundaries as described by the final order of the commission.

      (b) An election on the proposed change, if required under the principal Act, shall be held on the next appropriate election date authorized under the principal Act or under ORS 203.085, 221.230 or 255.345.

      (c) The final order, in a proceeding to merge or to consolidate districts or to dissolve a district and transfer its functions, assets and liabilities to a county service district, shall conclude the proceeding for all purposes; and the merger, consolidation or dissolution and transfer shall take effect on the date the order is adopted or at whatever date the commission specifies in its order which shall not be more than one year after the date the final order is adopted. A merger or consolidation to which this paragraph applies includes but is not limited to a merger or consolidation under ORS 198.705 to 198.955 that provides for joining a city to the surviving or successor district.

      (2) If the commission disapproved the petition, the proceeding shall terminate.

      (3) If the commission determines that a county service district subject to a determination of public need for continued existence shall be dissolved, it shall enter an order so providing and dissolution shall take effect at the end of the fiscal year in which the order of the commission is entered. [1969 c.494 §14; 1971 c.462 §11; 1973 c.664 §4; 1983 c.142 §12a; 1983 c.336 §14; 1987 c.504 §11; 1989 c.92 §22]

 

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

     

      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.

      (2) The resolution shall:

      (a) Identify the affected city or district;

      (b) State the kind of boundary change proposed;

      (c) Contain a legal description of the boundaries of the affected territory;

      (d) If the proposal concerns a district, designate the principal Act of the affected district;

      (e) Have attached a map showing the location of the affected territory; and

      (f) Include whatever additional information the principal Act of the affected city or district authorizes or requires petitioners to include in or with a petition for such a boundary change.

      (3) In proceedings initiated under this section, the filing agency is not required to send a copy of the resolution to the boundary commission, but the commission shall, except in formation proceedings, file a certified copy of the resolution with the affected city or district within five days after the date the resolution is filed with the filing agency, unless the city or district is the filing agency. [1969 c.494 §15; 1971 c.462 §12; 1973 c.664 §5]

 

      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.

      (2) ORS 222.111 to 222.180, 222.460 and the statutes of the state that govern annexation of territory to, or withdrawal of territory from, districts do not apply in territory subject to the jurisdiction of a boundary commission. However, a city annexation proposal initiated under ORS 199.490 may include a tax differential proposal authorized by ORS 222.111 (3). Notwithstanding ORS 199.490 (2)(b), 222.173 (1), 222.175 or any other requirement for obtaining consent to annexation, a city or district may use a consent to annexation contained in contracts authorized by ORS 198.869 or 222.115 in formulating annexation proposals or petitions under ORS 198.855, 199.490 (2), 222.125 or 222.170 for properties whose owners have signed such consents to annexation. ORS 222.530 shall not apply in territory subject to the jurisdiction of a boundary commission unless the affected territory constitutes at least 60 percent of the area and 60 percent of the assessed value of the district.

      (3) Notwithstanding any charter or statutory provision to the contrary, a final order or a proclamation of a boundary commission declaring a minor boundary change approved is effective to change the boundary of the city or district without the necessity of any further action by the electors or the governing body of the city or district. [Formerly 199.540; 1979 c.880 §3; 1983 c.336 §15; 1985 c.702 §17; 1989 c.92 §23; 1989 c.1063 §12; 1991 c.637 §6]

 

      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:

      (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 signed by the owners of at least one-half the land area in the affected territory;

      (d) By resolution of a boundary commission having jurisdiction of the affected territory; or

      (e) When the minor boundary change is a withdrawal of a city from a district, by resolution of the governing body of the city, which shall be an affected city for the purposes of ORS 199.410 to 199.534.

      (2)(a)(A) An annexation proceeding may also be initiated by a resolution adopted by the governing body of the affected city or district upon receiving consent to annex their land in writing from more than half of the owners of land in the territory proposed to be annexed, who also own more than half of the land in the territory proposed to be annexed and of real property therein representing more than half of the assessed value of all real property in the territory proposed to be annexed.

      (B) A resolution adopted by the governing body of the affected city or district upon receiving written consent to annexation from a majority of the electors registered in the territory proposed to be annexed and written consent to the annexation of their land from the owners of more than half the land in the territory proposed to be annexed.

      (b) However, before soliciting statements of consent for the purpose of authorizing an annexation under a proceeding initiated as provided by this subsection, the governing body of the affected city or district shall file a notice of intent to annex with the boundary commission having jurisdiction of the affected territory. The notice of intent to annex shall name the affected city or district and generally describe the boundaries of the territory sought to be annexed, which territory must be contiguous to the city or district or separated from it only by a public right of way or a stream, bay, lake or other body of water. The notice of intent to annex shall have attached to it a county assessor’s cadastral map showing the location of the affected territory that the city or district proposes to annex.

      (c) For the purpose of this subsection, consent need not be obtained for any land in a public way included within or contiguous to the territory proposed to be annexed. However, land in such a public way shall, as determined by the commission, be considered annexed to the affected city or district if the minor boundary change is approved, regardless of the land’s ownership, size or assessed valuation.

      (d) For the purpose of this subsection, consent need not be obtained for any real property that is publicly owned, is the right of way for a public utility, telecommunications utility or railroad or is exempt from ad valorem taxation unless the owner of such property files a statement consenting to or opposing annexation with the legislative body of the annexing city or district on or before the date the city or district adopts the resolution required by paragraph (a) of this subsection.

      (e) As used in this subsection, “owner” has the additional meaning given that term in ORS 222.120 (7).

      (3) A transfer of territory proceeding may be initiated:

      (a) By joint resolution of the governing bodies of the affected districts or cities;

      (b) By petition signed by 10 percent of the electors registered in the affected territory;

      (c) By petition signed by the owners of at least one-half the land area in the affected territory; or

      (d) By resolution of a boundary commission having jurisdiction of the affected territory.

      (4) The petition or resolution shall:

      (a) Name the affected city or district and state whether it is proposed to annex, withdraw or transfer territory;

      (b) Describe the boundaries of the affected territory;

      (c) If the proposal concerns a district, designate the applicable principal Act;

      (d) Have attached a county assessor’s cadastral map showing the location of the affected territory; and

      (e) Be filed with the boundary commission having jurisdiction of the affected territory.

      (5) When a city annexation is initiated:

      (a) As provided by ORS 222.750 the petition proposing the annexation shall be filed with the boundary commission having jurisdiction of the annexation.

      (b) As provided by ORS 222.840 to 222.915, the findings adopted by the Director of Human Services under ORS 222.880 shall be considered the initiatory action and a certified copy of the findings shall be filed with the boundary commission having jurisdiction of the annexation, at the same time a copy of the finding is filed with the affected city.

      (6) Except when a boundary change is initiated by an affected city or district under subsection (1), (2), (3) or (5) of this section or by the Director of Human Services as provided by subsection (5)(b) of this section, the boundary commission shall notify the affected city or district that a petition has been filed or that the commission has adopted a resolution. If the petition complies with the requirements of the applicable statutes, the commission shall proceed as provided by ORS 199.460 to 199.463 and 199.490 to 199.519.

      (7) Unless the parties appearing