US Laws, Codes, Statutes & Cases

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

Local Regulation of Shopping Carts

 

2007 EDITION

 

BOUNDARIES; CONSOLIDATION; SHOPPING CARTS

 

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 for ORS 199.410 to 199.534

 

(Commission)

 

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

 

(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

 

MISAPPROPRIATED OR ABANDONED SHOPPING CARTS

 

199.890     Unauthorized appropriation of shopping carts

 

199.891     Notice of crime of unauthorized appropriation of shopping carts; recovery of abandoned shopping carts

 

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

      (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.

      (14) Heritage district organized under ORS 198.973 to 198.989. [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; 2007 c.562 §23]

 

(Commission)

 

      199.425 [1969 c.494 §4; 1979 c.152 §1; 1981 c.265 §2; 1997 c.516 §1; repealed by 2007 c.239 §15]

 

      Note: 199.425 is repealed July 1, 2008. See sections 15 and 16, chapter 239, Oregon Laws 2007. 199.425 (2005 Edition) is set forth for the user’s convenience.

      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.

 

      Note: Sections 1 to 7 and 16, chapter 239, Oregon Laws 2007, provide:

      Sec. 1. (1) The local government boundary commission having jurisdiction in Lane County is abolished. On the operative date of this section, the tenure of office of the members of the commission and of any advisory committee appointed by the commission ceases.

      (2) All the duties, functions and powers of the commission are abolished. [2007 c.239 §1]

      Sec. 2. (1) The members of the local government boundary commission having jurisdiction in Lane County shall:

      (a) Deliver to the State Archivist all records within the jurisdiction of the commission that relate to the duties, functions and powers abolished by section 1 of this 2007 Act except as provided in section 4 of this 2007 Act; and

      (b) Terminate those employees engaged primarily in the exercise of the duties, functions and powers abolished by section 1 of this 2007 Act.

      (2) The State Archivist shall take possession of the records described in subsection (1)(a) of this section for archival purposes.

      (3) The Governor shall resolve any dispute between the commission and the State Archivist relating to transfers of records. [2007 c.239 §2]

      Sec. 3. (1) The Lane County Local Government Boundary Commission Fund is abolished.

      (2) The unexpended moneys in the fund and the unexpended balances of amounts authorized to be expended by the local government boundary commission having jurisdiction in Lane County for the biennium beginning July 1, 2007, from revenues dedicated, continuously appropriated, appropriated or otherwise made available for the purpose of administering and enforcing the duties, functions and powers abolished by section 1 of this 2007 Act are appropriated and transferred to Lane County for:

      (a) Payment of costs incurred in relation to an action, proceeding or prosecution described in section 4 of this 2007 Act or a liability, duty or obligation described in section 5 of this 2007 Act; and

      (b) Equitable distribution to local governments, as defined in ORS 174.116, within Lane County in the manner in which service charges were assessed and collected from cities, counties and districts within the jurisdiction of the local government boundary commission, for the purpose of paying the costs of those local governments that are associated with future boundary changes.

      (3) If the unexpended moneys described in subsection (2) of this section are not adequate to make the payments required by subsection (2)(a) of this section, Lane County may assess and collect charges from cities, counties and districts within the jurisdiction of the local government boundary commission in the manner described in ORS 199.457 to make the payments.

      (4) The expenditure classifications, if any, established by Acts authorizing or limiting expenditures by the commission remain applicable to expenditures by a local government in Lane County. [2007 c.239 §3]

      Sec. 4. (1) The abolishment of the duties, functions and powers of the local government boundary commission having jurisdiction in Lane County by section 1 of this 2007 Act does not affect any action, proceeding or prosecution involving or with respect to those duties, functions and powers begun before and pending at the time of abolishment, except that:

      (a) The appropriate city is substituted for the commission in an action, proceeding or prosecution relating to a change in the boundary of that city; and

      (b) Lane County is substituted for the commission in all other actions, proceedings or prosecutions.

      (2) The members of the commission shall deliver to:

      (a) The appropriate city within Lane County all records and property within the jurisdiction of the commission that relate to a pending action, proceeding or prosecution relating to a change in the boundary of that city; and

      (b) Lane County all other records and property within the jurisdiction of the commission that relate to a pending action, proceeding or prosecution.

      (3) The commission shall dispose of or deliver all other property, or proceeds of the disposal of the property, to Lane County. [2007 c.239 §4]

      Sec. 5. (1) Nothing in sections 1 to 6 of this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers abolished by section 1 of this 2007 Act. Lane County may undertake the collection or enforcement of the liabilities, duties or obligations.

      (2) The rights and obligations of the local government boundary commission having jurisdiction in Lane County legally incurred under contracts, leases and business transactions executed, entered into or begun before the operative date of section 1 of this 2007 Act [July 1, 2008] are transferred to Lane County. For the purpose of succession to these rights and obligations, Lane County is a continuation of the commission and not a new authority. [2007 c.239 §5]

      Sec. 6. Whenever, in an uncodified law or resolution of the Legislative Assembly or in a rule, document, record or proceeding authorized by the Legislative Assembly, reference is made to the local government boundary commission having jurisdiction in Lane County or a member or employee of the commission, the reference is considered to be, as appropriate, a reference to Lane County or an officer or employee of Lane County, or a city within Lane County or an officer or employee of the city. [2007 c.239 §6]

      Sec. 7. On and after January 2, 2008, a boundary change, as defined in ORS 199.415, must be processed as provided in the appropriate provisions of ORS chapters 195, 198, 221 or 222. [2007 c.239 §7]

      Sec. 16. (1) Sections 1, 3, 5 and 6 of this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act become operative on July 1, 2008.

      (2) Lane County, cities within Lane County and the local government boundary commission having jurisdiction in Lane County may take any action necessary under sections 2, 4 and 7 of this 2007 Act before the operative date of sections 1, 3, 5 and 6 of this 2007 Act, the amendments to ORS 183.315, 183.635, 199.430, 199.432, 199.457, 267.207 and 267.263 by sections 8 to 14 of this 2007 Act and the repeal of ORS 199.425, 199.458 and 199.459 by section 15 of this 2007 Act. [2007 c.239 §16]

 

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

 

      199.430 Procedure for creating commissions by local resolution or petition. (1) A boundary commission may be created as provided by this section with territorial jurisdiction in one county or in two or more contiguous counties. A commission may be created by:

      (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; 2007 c.239 §10]

 

      Note: The amendments to 199.430 by section 10, chapter 239, Oregon Laws 2007, become operative July 1, 2008. See section 16, chapter 239, Oregon Laws 2007. The text that is operative until July 1, 2008, is set forth for the user’s convenience.

      199.430. (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.

 

      199.432 Status of commission as state agency; application of certain laws. (1) A boundary commission created under ORS 199.430 may sue and be sued, enter into contracts and perform such other actions as may be necessary to carry out the provisions of ORS 199.410 to 199.534.

      (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, 291.232 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; 2007 c.239 §11]

 

      Note: The amendments to 199.432 by section 11, chapter 239, Oregon Laws 2007, become operative July 1, 2008. See section 16, chapter 239, Oregon Laws 2007. The text that is operative until July 1, 2008, is set forth for the user’s convenience.

      199.432. (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, 291.232 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.

 

      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]