2007 Oregon Code - Chapter 199 :: Chapter 199 - Local Government Boundary Commissions - City-County Consolidation - Local Regulation of Shopping Carts
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
(
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
(A) Within the urban unincorporated
community of
(B) Within the urban growth boundary of
the City of
(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
(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 users 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
Note: Sections 1 to 7 and 16, chapter 239, Oregon
Laws 2007, provide:
Sec.
1. (1) The local government
boundary commission having jurisdiction in
(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
(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
(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
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)
(2) The members of the commission shall
deliver to:
(a) The appropriate city within
(b)
(3) The commission shall dispose of or
deliver all other property, or proceeds of the disposal of the property, to
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.
(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,
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,
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 users 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 members 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 commissions 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.
(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. 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; 2007 c.239 §12]
Note: The amendments to 199.457 by section 12,
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 users convenience.
199.457. (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 districts 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.
199.458 [1987 c.882 §6; 1997 c.516 §4; repealed by
2007 c.239 §15]
Note: 199.458 is repealed July 1, 2008. See
sections 15 and 16, chapter 239, Oregon Laws 2007. 199.458 (2005 Edition) is
set forth for the users convenience.
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.
199.459 [1981 c.793 §1; 1997 c.516 §5; repealed by
2007 c.239 §15]
Note: 199.459 is repealed July 1, 2008. See
sections 15 and 16, chapter 239, Oregon Laws 2007. 199.459 (2005 Edition) is
set forth for the users convenience.
199.459
(2) Amounts in the fund established under
subsection (1) of this section are continuously appropriated for the purposes
of the commission.
(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 officers 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 assessors 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 lands 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 assessors
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 at a
hearing for a minor boundary change or application under ORS 199.464 agree to a
postponement of the adoption of a final order, a final order approving or
disapproving a minor boundary change must be adopted within 90 days after the
date the petition, resolution or application is filed with the commission. If a
final order approving or disapproving a minor boundary change is not adopted
within 90 days after the petition, resolution or application is filed or within
the period of postponement, the petition, resolution or application shall be
considered approved by the commission. A postponement shall not be for a period
exceeding one year from the date the petition, resolution or application
initiating the proposal is filed with the commission. [1969 c.494 §16; 1971
c.462 §14; 1973 c.808 §1; 1975 c.157 §3; 1975 c.361 §3; 1979 c.880 §1; 1983
c.83 §11; 1983 c.336 §16; 1985 c.702 §18; 1987 c.447 §114 1987 c.737 §1; 1989
c.92 §24; 1989 c.176 §1; 1997 c.541 §348]
199.495
Effective date of certain annexations; nonapplicability of certain health
hazard annexation procedures.
In a proceeding initiated as provided by ORS 199.490 (2) and (5):
(1) If the proposed annexation is approved
by the commission, the final order shall be effective at the time specified in
the final order except that the effective date for an annexation initiated as
provided by ORS 199.490 (5) shall not be more than one year after the date the
final order is adopted and for an annexation initiated as provided by ORS
199.490 (2) shall not be more than 10 years 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. The order shall not be subject to
ORS 199.505.
(2) ORS 222.883 to 222.896, 222.900 (1)
and (3) and 222.915 do not apply to proceedings initiated by the findings of
the Director of Human Services. [1969 c.494 §16a; 1971 c.462 §15; 1975 c.157 §1;
1975 c.639 §19; 1979 c.374 §4; 1979 c.880 §2; 1983 c.407 §11; 1991 c.637 §7]
199.500
Commission to notify counties of certain annexations with delayed effective
date. (1) If a boundary
commission approves an annexation and the effective date of the final order is
more than one year after the date the final order is adopted, the boundary
commission shall send notice to the county clerk of each county in which the
affected territory, city or district is located. The notice shall be sent not sooner
than 120 days and not later than 90 days prior to the effective date of the
final order.
(2) The notice described in subsection (1)
of this section shall be in addition to any other notice or filing required
under ORS 199.410 to 199.534. [1995 c.607 §62]
Note: 199.500 was added to and made a part of
199.410 to 199.534 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
199.505
Effective date of minor boundary changes; objections; election. (1) If the boundary commission by its final
order approves a minor boundary change other than a transfer of territory, the
change shall take effect at the time specified in the final order. Except for
annexation proceedings initiated by a city or district, the effective date
shall not be less than 45 days, nor more than one year, after the date the
commission adopts the final order approving the change. For annexation
proceedings initiated by a city or district, the effective date shall not be
earlier than 45 days, nor more than 10 years, after the date the commission
adopts the final order approving the change. If no effective date is specified
in the final order, the order shall take effect 45 days after the commission
adopts the final order approving the change. However, the change shall not take
effect unless it is also approved by the electors if within 45 days after the
date of the adoption of the order:
(a) Written objections to the change
signed by not less than 10 percent or 100, whichever number is the lesser, of
the electors in the affected territory are filed with the commission; or
(b) A resolution objecting to the change
adopted by the city council of the affected city or district board of the
affected district is filed with the commission.
(2) If objections as required by this
section are filed by a city council or district board, the council or board
shall call and hold an election in the affected city or district on the
boundary change as approved. If objections are filed by the electors, the
commission shall certify the fact of the objections to:
(a) The city council or district board of
the affected city or district, if the change involves a withdrawal of
territory, whereupon the council or board shall call an election in the city or
district.
(b) The county board of the county where
the territory is located, if the change involves an annexation, whereupon the
board shall call an election in the territory. Where a minor boundary change
has been initiated pursuant to ORS 199.490 (1)(a), cost of an election required
by this paragraph shall be paid by the city or district to which the territory
is proposed to be annexed.
(3) An election required by subsection (2)
of this section shall be held on the next appropriate election date authorized
under ORS 203.085, 221.230 or 255.345. A city council or a board that calls an
election under this section shall certify the results of the election to the
commission. If a majority of those voting on the proposition in each election
approve the change approved by the commission, the commission thereupon shall
proclaim the results of the election. Upon the adoption of the proclamation the
change shall take effect. [1969 c.494 §17; 1971 c.288 §1; 1971 c.462 §16; 1975
c.157 §2; 1975 c.361 §4; 1981 c.265 §10; 1983 c.336 §17; 1989 c.176 §2; 1991
c.637 §8; 1997 c.541 §349]
199.507
Effective date of transfer of territory; objections; election. (1) If the boundary commission by its final
order approves a transfer of territory, the change shall take effect at the
time specified in the final order, but the effective date shall not be less
than 45 days, nor more than one year, after the date the commission adopts the
final order approving the change. If no effective date is specified in the final
order, the order shall take effect 45 days after the commission adopts the
final order approving the change. However, the change shall not take effect
unless it is also approved by the electors if within 45 days after the date of
the adoption of the order:
(a) Written objections to the change
signed by not less than 10 percent or 100, whichever number is the lesser, of
the electors in the affected territory are filed with the commission; or
(b) A resolution objecting to the change
adopted by the district board, governing body of a city-county or city council
of any affected city or district is filed with the commission.
(2) If an objection is filed by the board
of a district, governing body of a city-county or city council of a city which
under the final order would lose territory, it shall call and hold an election
within its boundaries on whether the territory designated for transfer should
be withdrawn from the district or city.
(3) If an objection is filed by the board
of a district or city council of a city which under the final order would
acquire the territory, it shall call and hold an election within its boundaries
on whether the territory designated for transfer should be annexed to the
district or city.
(4) If objections are filed by the electors,
the commission shall certify the fact of the objections to the county board of
the county where the territory is located whereupon the board shall call an
election within the boundaries of the territory proposed for transfer on
whether the territory should be transferred.
(5) An election required by this section
shall be held on the next appropriate election date authorized under ORS
203.085, 221.230 or 255.345. The results of the election shall be certified to
the commission. If a majority of those voting on a proposition in each and all
elections approve the change approved by the commission, the commission
thereupon shall proclaim the results of the election. Upon the adoption of the
proclamation, the change shall take effect. [1975 c.361 §6; 1981 c.265 §11;
1983 c.336 §18; 1997 c.494 §19]
199.508 [1989 c.176 §4; 1995 c.712 §85; repealed by
1997 c.541 §389]
199.510
Financial effects of transfer or withdrawal; exceptions. (1) After the date of a final order or
proclamation of annexation or transfer of territory, the territory annexed or
transferred shall become subject to the indebtedness, bonded or otherwise, of
the affected city or district acquiring the territory in like manner as the
territory within the city or district.
(2)(a) Subject to ORS 222.465, if the
affected territory is to be annexed to a city, and lies within the boundaries
of a district, the affected territory is withdrawn from the district on the
date of the final order unless the city is part of the district. The city shall
have the right to exercise the choice permitted by ORS 222.520 (2).
(b) Paragraph (a) of this subsection does
not apply when the territory to be annexed lies within a water district
organized under ORS chapter 264, a sanitary district organized under ORS 450.005
to 450.245 or a park and recreation district organized under ORS chapter 266.
Withdrawal of territory from such a water, sanitary district or park and
recreation district shall be governed solely by ORS 222.465 and 222.520 to
222.575.
(c) When a city receives services from a
district and is part of that district, any territory thereafter annexed to the
city shall be included in the boundaries of the district and shall be subject
to all liabilities of the district in the same manner and to the same extent as
other territory included in the district.
(3) After the date of a final order or
proclamation withdrawing or transferring territory from an affected city or
district, the territory withdrawn or transferred shall be free from assessments
and taxes levied thereafter by the affected city or district losing the
territory. However, the withdrawn or transferred territory shall remain subject
to any bonded or other indebtedness existing at the time of the order, except
as provided by ORS 198.882. If the territory is being withdrawn from a district
into a city, the city shall have the right to exercise the choice permitted by
ORS 222.520 (2). The proportionate share shall be based on the assessed
valuation, according to the assessment roll in the year of the levy, of all the
property located within the city or district immediately prior to the
withdrawal. [1969 c.494 §18; 1971 c.462 §17; 1973 c.808 §2; 1975 c.361 §7; 1977
c.663 §2; 1981 c.265 §12; 1985 c.702 §19; 1989 c.483 §1]
199.512
Commission proceedings for district formation or annexation to relieve public
health danger. (1) The
findings of the Director of Human Services filed with a boundary commission in
accordance with ORS 431.740 or 431.750 shall be considered a petition for the
purposes of ORS 199.410 to 199.534. When the findings of the director are filed
with a commission, it shall proceed in accordance with the findings and with
ORS 199.410 to 199.534, but the commission shall not inquire into the need for
the proposed facilities or adjust the boundaries of the affected territory.
(2) In proceedings described by subsection
(1) of this section, the boundary commission shall determine whether the
affected territory shall be included in a
199.514 [1973 c.664 §3; repealed by 1975 c.326 §5]
199.515 [1969 c.494 §19; 1971 c.462 §8; renumbered
199.462]
199.519
Effective date of boundary change; filing boundary change with county assessor and
Department of Revenue. (1)
Notwithstanding any different effective date specified in ORS 199.480, 199.505
or 199.507, a boundary change under ORS 199.410 to 199.534 shall not become
effective during the period:
(a) Beginning after the 90th day before a
primary election or general election and ending on the day after the election;
or
(b) Beginning after the deadline for
filing the notice of election before any other election held by any city or
district involved in the boundary change and ending on the day after the
election.
(2) If the effective date established for
a boundary change is a date that is prohibited under this section, the boundary
change shall become effective on the day after the election for voting
purposes.
(3) The provisions of this section do not
apply if the territory affected by the boundary change has no registered
voters.
(4) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1981 c.391 §1; 1985
c.808 §68; 1989 c.92 §26; 1989 c.923 §24; 1995 c.712 §86; 2001 c.138 §4]
199.520 [1969 c.494 §20; 1971 c.462 §9; renumbered
199.463]
199.522
Economic feasibility analysis for proposed city; filing with commission prior
to filing incorporation petition; review of analysis by commission; approval or
rejection. If the territory
proposed to be incorporated is within the jurisdiction of a local government
boundary commission, then prior to filing a petition to incorporate the
territory with the county clerk under ORS 221.031, the petitioners shall file
the economic feasibility analysis described in ORS 199.476 (1) with the local
government boundary commission for review and approval. The local government
boundary commission shall review the feasibility analysis. On the basis of the
review and after consultation with the petitioners, if necessary, the boundary
commission shall approve or reject the economic feasibility analysis as
presented or approve it as modified by the commission. Approval or rejection of
the economic feasibility analysis shall be done by an order stating the reasons
for the decision of the commission. Approval or rejection of an economic
feasibility analysis filed under this section shall be accomplished not later
than 120 days after the feasibility analysis is filed with the boundary
commission. [1987 c.882 §7]
199.525 [1969 c.494 §21; renumbered 199.452]
199.526
Time limit for obtaining signatures on petition for incorporation of city. When incorporation of a city is proposed
within the jurisdiction of a local government boundary commission, all
signatures on the petition described in ORS 221.031 and 221.040 must be
obtained within any six-month period to be valid and effective to authorize a
major boundary change proceeding under this chapter. [1987 c.882 §8]
Note: 199.526 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.
199.530 [1969 c.494 §22; renumbered 199.455]
199.531
Policy. The Legislative
Assembly finds that:
(1) Since 1985 local governments in
boundary commission jurisdictions have undertaken programs involving multiple
minor boundary changes, including annexation of territory, which have required
the transfer of service delivery obligations from the county or special
districts which formerly had jurisdiction of the territory to the annexing city
or district, along with the need to receive revenue to support the services;
(2) The local governments and boundary
commissions have acted in good faith reliance on state statutes concerning
minor boundary changes and in compliance with those statutes;
(3) The transfer of service responsibility
has resulted in extinguishing or dissolution of special service districts and
the transfer of capital equipment and employees;
(4) If a court or administrative agency
determines that one or more of the minor boundary changes are invalid because
the statute on which they were based is unconstitutional, responsibility for
service and revenue must be resolved in order to avoid substantial disruption
to citizens; and
(5) Providing for legislative annexation
of the affected territories is the best method for resolving service
responsibility and financial obligations without jeopardizing continued service
delivery to citizens in the affected territory or imposing unreasonable
financial burdens on the city, county and special service districts and their
citizens. [1987 c.818 §2]
199.534
Legislative annexation of territory to cities and districts; effective date;
effect on other minor boundary changes. Notwithstanding any other provision of this chapter or ORS chapter
222, territory annexed or transferred to a city or district by a minor boundary
change approved by a boundary commissions final order adopted after January 1,
1985, but before July 18, 1987, shall be in the annexing city or district by
operation of ORS 198.855, 199.490, 199.531, 199.534, 222.120 and 222.170 to
222.177 commencing upon the effective date of the boundary commissions final
order. The creation by ORS 198.855, 199.490, 199.531, 199.534, 222.120 and
222.170 to 222.177 of annexations shall not void or impair any prior or
subsequent minor boundary changes inside or outside of the affected territory. [1987
c.818 §3]
199.535 [1969 c.494 §23; renumbered 199.457]
199.540 [1969 c.494 §24; 1971 c.462 §13; renumbered
199.487]
CITY-COUNTY
CONSOLIDATION
(Generally)
199.705
Definitions for ORS 199.705 to 199.795. In ORS 199.705 to 199.795:
(1) City-county means a city
incorporated under ORS 199.705 to 199.795 and having both city and county
functions.
(2) City in the county means a city
having more than 50 percent of its population in the county.
(3) Most populous city means a city of
not less than 300,000 population.
(4) Unincorporated area means the area
of unincorporated territory within the county that is outside the urban growth
boundary adopted under ORS 268.390. [1971 c.731 §2; 1997 c.494 §1]
199.710
Short title. ORS 199.705 to
199.795 may be referred to as the City-County Act of 1971. [1971 c.731 §1]
199.715
City-county consolidation authorized. By proceeding under ORS 199.705 to 199.795, a county and the most
populous city in the county may consolidate to form a city-county, and one or
more of the other cities in the county and the unincorporated area may join in
the consolidation. [1971 c.731 §3; 1997 c.494 §2]
199.720
Initiation of consolidation proceedings by resolution or petition. (1) Consolidation proceedings may be
initiated by resolution of the governing body of the county or of the most
populous city in the county. Within five days after adoption of the resolution
a true copy thereof shall be filed with the governing body, other than the
adopting governing body, of each city that has any territory within the county
and of each county in which such a city has territory.
(2) The proceedings may also be initiated
by electors of the county and of the most populous city in the county who
reside within or outside of the county, filing with the county clerk of the
county a petition signed by a number of such electors equal to six percent of
the total number of votes cast in the county for all gubernatorial candidates
at the last preceding election at which a Governor was elected for a four-year
term.
(3) The form of the petition shall be:
______________________________________________________________________________
CITY-COUNTY CONSOLIDATION
We, the undersigned electors, hereby
initiate proceedings for consolidating
Names Addresses
___________ ___________
(Here follow 20 lines for signatures)
______________________________________________________________________________
(4) Before the petition is circulated for
signatures, a true copy of it shall be filed with the county clerk. No
signature on the petition shall be counted unless subscribed thereon and filed
with the county clerk within 180 days after the original filing.
(5) Within 15 days after receiving
signatures to the petition the county clerk shall verify the signatures. As
soon as the county clerk has verified the signatures and whether the number
required for the petition have signed, the county clerk shall certify that fact
on the petition and file the petition. Within five days after the certification
the county clerk shall forward a true copy of the text of the petition and of
the certification to the governing body of each city that has any territory
within the county and of each county in which such a city has territory.
(6) The date of initiation of the
proceedings shall be the date the initiating resolution is adopted or the date
that the county clerk certifies that the initiating petition bears the required
number of verified signatures. [1971 c.731 §4]
(Commission)
199.725
Charter commission; appointment; term; first meeting; chairperson;
appropriation for expenses.
(1) Within 30 days after the proceedings are initiated, a charter commission
comprised of persons each of whom is an elector of the county or the most
populous city shall be appointed as follows:
(a) Two members jointly by a majority of a
convention of the state Senators elected from the county or any part thereof,
one of whom shall be a resident of the unincorporated area of the county.
(b) Three members jointly by a majority of
a convention of the state Representatives elected from the county or any part
thereof, one of whom shall be a resident of the unincorporated area of the
county.
(c) Three members by the governing body of
the county.
(d) Three members by the governing body of
the most populous city in the county.
(e) One member by the governing body of
the second most populous city in the county.
(f) One member jointly by a majority of a
convention of the mayors of the cities in the county other than the cities
described in paragraphs (d) and (e) of this subsection.
(2) Any of the appointments not made as
provided by subsection (1) of this section shall be made by the Governor within
45 days after the proceedings are initiated.
(3) Each appointment made under this
section shall be certified immediately by the appointing authority to the mayor
of the most populous city.
(4) Members of the charter commission
shall serve without pay.
(5) The terms of office of members of the
commission shall continue until the charter that the commission prepares is
submitted to the electors under ORS 199.730 and 199.735. A position on the
commission shall become vacant, however, for any cause specified by ORS 236.010
and may be declared vacant by the commission because of nonattendance at
commission meetings. Within 30 days after such a vacancy occurs or is declared,
it shall be filled in the manner prescribed by the provisions of subsections
(1) and (2) of this section that are applicable to the position vacated.
(6) Within five days after receiving
certification of the final appointment to the commission, the mayor of the most
populous city shall fix the time and place and give the commission members at
least 10 days notice of the first meeting of the commission. The mayor shall
convene the commission and serve as its temporary chairperson. At the first
meeting the commission shall designate a permanent chairperson and organize in
whatever other manner it considers advisable.
(7) The governing body of the county
proposed to be consolidated shall appropriate for the expenses of the
commission:
(a) Not less than $25,000; and
(b) An additional amount of not more than
$100,000, as requisitioned by a majority of the following officials: The
chairperson of the commission, the chairperson of the county governing body and
the mayor of the most populous city in the county.
(8) The county and any city in the county
may appropriate money to assist the charter commission with its work. [1971
c.731 §5; 1973 c.745 §1; 1997 c.494 §3]
199.730
Functions of charter commission; rules. The charter commission:
(1) Shall adopt rules to govern its
proceedings.
(2) May acquire property, avail itself of quarters,
enter into contracts necessary for its work, and receive and expend gifts,
grants and appropriations.
(3) May employ administrative, clerical
and technical assistance necessary for its work, and may request and secure
information and assistance from the county and other units of local government
located in the county and officers and employees thereof including the district
attorney and the city attorneys and their staffs.
(4) Within one year after its first
meeting shall prepare and publish a preliminary draft of a charter for the
city-county.
(5) After publication of the preliminary
draft shall hold public hearings thereon.
(6) Within two years after the first
meeting of the commission shall prepare a final draft of the charter.
(7) After a majority of the members of the
commission has approved the final draft, shall call and fix a date for an
election under ORS 199.735. [1971 c.731 §6]
(Consolidation)
199.735
Election on consolidation; on merger. (1) The commission shall call an election on a date specified in ORS
221.230.
(2) At the election the following
questions shall be submitted:
(a) To the electors of the county and to
the electors of the most populous city, the question of whether the charter
shall be adopted as the charter of a city-county.
(b) To the electors of each less populous
city in the county, the question of whether that city shall merge into the
city-county.
(c) To the electors of the unincorporated
area, the question of whether the unincorporated area shall merge into the
city-county.
(3) If an elector is eligible to vote in
both the county and the most populous city, the question submitted under
subsection (2)(a) of this section shall appear only on the county ballot for
that elector, but it shall be tallied both as a vote of an elector of the
county and as an elector of the most populous city in the county.
(4) The commission shall file the call and
the charter with the county clerk, who shall give notice of, conduct and
publicize the results of the election under the general laws of the state
governing elections. The county shall bear the expense of the election. [1971
c.731 §7; 1973 c.745 §2; 1979 c.190 §402; 1983 c.83 §12; 1983 c.350 §9; 1997
c.494 §4]
199.740
Effect of election. (1) The
charter shall be approved and the consolidation shall take place if, and only
if, the question receives at the election affirmative votes by a majority of
those electors of the county voting on the question and also by a majority of
those electors of the most populous city in the county voting on the question.
(2) In case the question is approved as
provided by subsection (1) of this section:
(a) Any less populous city in the county
shall be merged with and become a part of the city-county unless a majority of
the electors of the city voting on the question submitted under ORS 199.735 (2)
votes against the question.
(b) The unincorporated area in the county
shall be merged with and become a part of the city-county unless a majority of
the electors in the unincorporated area voting on the question submitted under
ORS 199.735 (2) votes against the question.
(3) A majority vote for the question in a
city approving it shall have the effect of approving the surrender of the
charter of the city as required in section 2a (1), Article XI of the Oregon
Constitution. The majority vote in the county approving the question shall have
the effect of approving the surrender of the charter, if any, of the county.
The surrender in both cases shall take effect when the city-county comes into
existence. [1971 c.731 §8; 1973 c.745 §3; 1983 c.83 §13; 1997 c.494 §5]
199.742
Charter requirements if consolidation is rejected in unincorporated area. When a majority of the electors in the
unincorporated area voting on the question submitted under ORS 199.735 (2)
votes against the question, the charter of the city-county shall provide that:
(1) Special districts within the
unincorporated area shall not be extinguished.
(2) The rate of taxation for ad valorem
property taxes and business income taxes shall initially be set at the rates in
effect on the date on which the charter for the city-county is approved.
(3) Fees, including but not limited to
business license fees and utility bill fees, shall initially be set at the rate
or amount in effect on the date on which the charter for the city-county is
approved.
(4) Except for taxes or fees dedicated to
correctional facilities, libraries or animal control, any rate increase for
fees or taxes that exceeds the rate of population growth in the unincorporated
area shall not take effect in the unincorporated area unless the electors in
the unincorporated area approve the tax or fee increase.
(5) The unincorporated area shall receive
rural service levels for basic city-county services. As used in this
subsection, basic city-county services includes police, fire, sewer, water
and code enforcement services provided by the city-county. [1997 c.494 §10]
199.743
Financial affairs of city-county if charter becomes effective during fiscal
year. (1) Notwithstanding ORS
294.305 to 294.555 and 310.010 to 310.110, if the charter for a city-county is
approved under ORS 199.740 (1) and the effective date of such charter is other
than the date of the beginning of the fiscal year immediately following the
fiscal year in progress on the effective date of such charter, during the
remainder of the fiscal year in progress on the effective date of such charter
the city-county shall expend moneys and levy taxes in accordance with the
budgets prepared and adopted by each of the municipal corporations
consolidated, merged or dissolved in the formation of the city-county pursuant
to such charter, as if such charter had not taken effect. For the purposes of
this section, the city-county shall be considered to be a continuation of each municipal
corporation consolidated, merged or dissolved in the formation of the
city-county.
(2) As used in subsection (1) of this
section:
(a) Fiscal year has the meaning given
that term in ORS 294.311.
(b) Municipal corporation has the
meaning given that term in ORS 294.311. [1973 c.745 §9; 1997 c.308 §32]
199.745
First governing body of city-county. (1) The first members of the governing body of the city-county shall
be nominated and elected in the manner and at the times prescribed by the
city-county charter.
(2) The county clerk shall arrange for,
give notice of and conduct the election. The county shall bear the expense of
the election.
(3) The charter shall prescribe the date
on which the city-county comes into existence and shall include necessary
transitional provisions. The charter may provide that it will become effective
for specified purposes immediately upon the proclamation of the results of the
election on the adoption of the charter. [1971 c.731 §9; 1973 c.745 §3a]
199.750
Status of city-county. (1)
The city-county shall be a city within the meaning of state law, except ORS
221.610, 221.621, 221.650, 222.210 to 222.310 and 222.840 to 222.915. In merger
proceedings under ORS 222.610 to 222.710 consent by the city-county to the
merger may be given by the governing body of the city-county without a popular
vote on the merger. No merger or annexation adding territory to the city-county
shall change a county boundary. Annexation to the city-county of area in
another county or merger into the city-county of a city in another county shall
be for the provision of city services only. Territory within the city-county
may be transferred under ORS 199.490 to 199.519 to a city excluded from
consolidation under ORS 199.740 (2).
(2) The city-county shall be a county for
purposes of Articles IV, VI, VII (Amended), VII (Original) and VIII of the
Oregon Constitution and in its relationship to any city in the city-county
excluded from the consolidation under ORS 199.740 (2). That relationship shall
continue until the excluded city disincorporates or merges into the
city-county.
(3) The city-county shall be a county in
its relationship to the unincorporated area excluded from the consolidation
under ORS 199.740 (2).
(4) The city-county shall have the powers
and duties of counties and county officers and cities and city officers under
state law and the city-county charter. The charter shall prescribe or make
provision for prescribing what officers and agencies of the city-county shall
exercise those powers and duties. The charter may prescribe or make provision
for prescribing which duties or functions shall be county, city or jointly
city-county powers.
(5) The charter may also prescribe or make
provision for prescribing that state officers elected in the city-county alone
shall simultaneously be city-county and state officers and have city-county
functions prescribed by the charter or ordinances of the city-county.
(6) The city-county shall be both a city
and a county entitled to receive funds under state and federal laws allocating
funds to cities or counties or both. [1971 c.731 §10; 1973 c.745 §4; 1997 c.494
§6]
199.753
City-county service district.
(1) A city-county may establish service districts as provided by ORS 199.705 to
199.795 and ORS chapter 451. For the purposes of ORS chapter 451, a city-county
shall be considered a county and the city-county legislative body shall be
considered a county court. The charter may delegate or provide for the
delegation of executive and administrative responsibilities in respect to
service districts to the chief executive officer and administrative departments
of the city-county.
(2) In addition to those districts
authorized under ORS 451.010, a city-county may create service districts for
any purpose authorized by its charter. [1973 c.745 §8]
199.755
Receipt of state funds by city-county. (1) A city-county shall receive a share of the revenues allocated to
counties under ORS 323.455, 366.762 and 471.810. Subject to subsections (2) and
(3) of this section, it shall also receive a share allocated under ORS 323.455,
366.800 and 471.810 to cities.
(2) Starting with the first full calendar
month after the effective date of the consolidation, a city-county shall
receive a share of such revenues allocated to cities on the same basis as a
city. In computing such share, population shall be determined as provided by
subsection (3) of this section.
(3) For the purposes of this section,
population of a city-county shall be determined:
(a) For the calendar year in which the
consolidation becomes effective, at 87 percent of the population of the
city-county as determined under ORS 190.510 to 190.590;
(b) For the first calendar year following
the calendar year in which the consolidation becomes effective, at 88 percent
of the population of the city-county as determined under ORS 190.510 to
190.590; and
(c) For the second calendar year following
the calendar year in which the consolidation becomes effective, at 89 percent;
for the third, at 91 percent; for the fourth, at 92 percent; for the fifth, at
94 percent; for the sixth, at 95 percent; for the seventh, at 97 percent; for
the eighth, at 98 percent; for the ninth, at 99 percent; and for the 10th and
each succeeding calendar year following the calendar year in which the consolidation
becomes effective, at 100 percent of the population of the consolidated
city-county as determined under ORS 190.510 to 190.590. [1971 c.731 §11; 1997
c.494 §7]
199.760
Boundaries of city-county; effect of change; filing boundary change with county
assessor and Department of Revenue. (1) When a city-county is incorporated, for purposes of county
functions its boundaries shall be the boundaries of the county that is
consolidated into the city-county, and for purposes of city functions:
(a) The boundaries shall include all
territory located in any city in the county immediately before the
consolidation;
(b) The boundaries shall exclude all
territory in any city extending into the county if more than half of the
population in the city is located outside the county immediately before the
consolidation; and
(c) The boundaries shall exclude the
unincorporated area when a majority of the electors in the unincorporated area
voting on the question submitted under ORS 199.735 (2) votes against the question.
(2) No boundary change effected under ORS
199.705 to 199.795 shall:
(a) Change the boundaries of a legislative
district established by state law.
(b) Deprive any member of the Legislative
Assembly of the members seat in that body.
(3) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1971 c.731 §12; 1997
c.494 §8; 2001 c.138 §5]
199.765
Permanent rate limit for operating taxes of city-county. The charter for a city-county shall specify
the permanent rate limit for operating taxes for the city-county within the
meaning of section 11 (3), Article XI of the Oregon Constitution. The permanent
rate limit shall be a rate that would produce the same tax revenue as would
have been cumulatively produced by the cities that are the subject of the
consolidation, the county and all special districts automatically extinguished
under ORS 222.510 or by ORS 199.705 to 199.795, not taking into account any
applicable statutory rate limit on operating taxes. To provide for the
administration of differential taxation, the charter may establish districts on
the basis of services to be provided by the city-county and prescribe operating
tax rates for the different districts, except that the operating tax rates may
not cumulatively exceed the permanent rate limit established for the
city-county under this section. The charter shall provide procedure for
modification or dissolution of such districts and for changing such tax rate
formula, after the first fiscal year in which the city-county imposes ad
valorem property taxes. [1971 c.731 §13; 1973 c.431 §1; 1997 c.541 §350; 1999
c.21 §2]
199.770
Status of employees after consolidation. After a consolidation is effected under ORS 199.705 to 199.795, there
shall be preserved and continued, to at least the same extent as they exist at
the time immediately before the city-county comes into existence, the
employment status and pension and other benefit rights of the employees of the
consolidating, merging or extinguished governmental units, including, but not
limited to:
(1) Rights, privileges and benefits,
including pensions and pension rights and benefits existing under collective
bargaining agreements or otherwise.
(2) Collective bargaining rights.
(3) Protection of individual employees
against a worsening of their positions with respect to their employment.
(4) Employment of persons employed
immediately prior to the time the city-county comes into existence by the
units.
(5) Priority, as of the time immediately
before the city-county comes into existence, of reemployment of employees of
the units who have previously been laid off or had their employment terminated.
(6) Paid training or retraining programs
for any employee of a unit whose position or job is eliminated by the
consolidation, merger or extinction, or by any subsequent administrative
reorganization in the city-county. [1971 c.731 §14; 1973 c.745 §5]
199.775
Effect of city-county incorporation. (1) When a city-county is incorporated, it shall:
(a) Succeed to all the property, contracts
and rights of the consolidating cities and county; and
(b) Subject to whatever debt distribution
plan the city-county charter prescribes, become liable for all the obligations
of the consolidating cities and county.
(2) The officers of the consolidating
cities and county shall forthwith deliver to the city-county officers the
assets and records of the consolidating cities and county. Uncollected taxes theretofore
levied by the consolidating cities and county shall become the property of the
city-county upon collection.
(3) Immediately after the effective date
of the county boundary changes effected under ORS 199.760, the officers of the
city-county and of adjoining counties that the boundary changes affect shall
transfer public records, buildings and property in accordance with ORS chapter
202.
(4) ORS 222.510 applies to any district
mentioned in that section whenever the entire area of such a district is
included within the boundaries of a city-county, as described under ORS
199.760, for either county or city functions. [1971 c.731 §15; 1973 c.745 §6]
(
199.777
New county or county boundary change authorized when unincorporated area
rejects consolidation. (1)
When a city-county charter is approved and city-county consolidation takes
place under ORS 199.705 to 199.795 and if, at the election held under ORS
199.735, a majority of the electors in the unincorporated area voting at the
election votes to reject the proposed city-county charter and city-county
consolidation, the electors of the unincorporated area may seek to form a new
county in the unincorporated area or to change the boundaries of the
city-county and a contiguous county in order to place the unincorporated area
within that contiguous county.
(2) The electors of any city that does not
become part of the city-county and that is contiguous to the unincorporated
area may jointly seek the formation of a new county or a change in county
boundaries with the electors of the unincorporated area.
(3) Proceedings to form a new county or to
change county boundaries as authorized by this section shall be conducted as
provided in ORS 199.780 to 199.795 and ORS chapter 202, except that ORS
202.020, 202.030, 202.040, 202.050, 202.060 and 202.070 do not apply to such
proceedings. [1997 c.494 §11]
199.780
Petition for county formation or boundary change; contents; required number of
signatures. When it is
desired to form a new county out of an unincorporated area or one or more
contiguous cities or to change the boundaries of a city-county and an existing
contiguous county, a petition praying for the formation of the new county or
for the change in the boundaries of the city-county and the contiguous county
shall be presented to the governing body of each city-county or county affected
by the proposed formation or boundary change. The petition shall describe the
territory proposed to be formed into the new county or transferred from the
city-county to the contiguous county, together with the name of the proposed
new county, if the petitioners seek formation of a new county. The petition
shall be signed by a number of qualified electors registered in the territory
to be formed into the new county or registered in the territory to be
transferred to the contiguous county after the change in boundaries that is
equal to 15 percent of the votes cast within such territory for all candidates
for Governor at the election at which a Governor was elected next preceding the
filing of the petition. [1997 c.494 §12]
199.783
Division of assets when petition is for boundary change; commissioners to adopt
plan for division; appointment of commissioners; effect of plan. (1) When the petition provided for in ORS
199.780 is for a change in the boundaries of the city-county and a contiguous
county, the governing body of the contiguous county and the governing body of
the city-county shall appoint two commissioners each to jointly arrange the
terms in respect to assumption of liabilities and division of assets among the
contiguous county and the city-county, upon which the change in boundaries
shall be made.
(2) If, within 30 days after the
appointment of the commissioners, they have not agreed upon terms, the
Governor, upon request of the contiguous county or the city-county, shall
appoint commissioners equal in number to one-half the commissioners already
appointed, who shall meet with the commissioners already appointed and draft
terms.
(3) Within 60 days after terms have been
arranged, a majority of the commissioners may report to the respective
governing bodies a plan for division.
(4) When made within such time, the plan
for division shall be reported by the commissioners to the respective governing
bodies and the plan shall become a compact between the city-county and the
contiguous county, and shall be binding upon both. [1997 c.494 §14]
199.785
Election on county formation or boundary change; election procedure; ballot
title. (1) If the governing
body finds that the proposed formation or boundary change will not result in
any new or remaining county having an area or population less than required by
the Constitution of this state, the governing body shall call an election on a
date specified in ORS 203.085 for the purpose of submitting to the electors the
question of:
(a) The formation of the new county; or
(b) The change in county and city-county
boundaries.
(2) The question of formation of the new
county shall be submitted only to the electors residing within the territory
proposed to be formed into the new county. The question of a change in
boundaries shall be submitted to the electors residing within the territory
proposed to be transferred from the city-county to a contiguous county and to
the electors residing within that contiguous county.
(3) Except as provided in ORS 199.787 and
199.790, the election shall be conducted in accordance with ORS chapters 246 to
260.
(4) The ballot title for determination of
a question submitted under this section shall be prepared as provided in ORS
250.185. [1997 c.494 §13]
199.787
Certification of election results. The county clerk in the contiguous county and the equivalent election
officer in the city-county shall certify to the Secretary of State a copy of
the summary of votes cast on the question of creating a new county or changing
boundaries. Such election officer also shall certify to the Secretary of State
the name, territorial contents and boundaries of the new county, or the names,
territorial contents and boundaries of the county and city-county affected by
the change in boundaries. [1997 c.494 §15]
199.790
Issuance of proclamation by Governor. (1) If an election for the purpose of establishing a new county is held,
the Governor shall issue a proclamation declaring a new county created when, of
the electors voting at the election, a majority of the electors residing within
the limits of the proposed new county voted in favor of the creation of the new
county.
(2) If an election for the purpose of
changing county and city-county boundaries is held, the Governor shall issue a
proclamation declaring the change in boundaries when, of the electors voting at
the election, a majority of the electors in the area proposed to be transferred
to the contiguous county and a majority of the electors in the contiguous
county voted in favor of the proposed change in county and city-county
boundaries. [1997 c.494 §16]
199.795
Operation and effect of proclamation. (1) If the election was for the purpose of establishing a new county,
the unincorporated area thereafter shall be a county for all civil, military
and other purposes.
(2) If the election was for the purpose of
changing boundaries, the boundaries of the contiguous county and the
city-county shall be changed to conform to the description furnished to the
Secretary of State in the certification provided under ORS 199.787.
(3) If the election was for the purpose of
changing boundaries, the change shall take effect within 30 days after the
Governor issues the proclamation provided for in ORS 199.790, and the territory
taken from the city-county and added to the contiguous county by reason of the
change in boundaries shall become a part of the contiguous county and for all
purposes shall be considered a portion thereof. [1997 c.494 §17]
MISAPPROPRIATED OR
ABANDONED SHOPPING CARTS
199.890
Unauthorized appropriation of shopping carts. (1) A local government may enact or adopt an ordinance, charter
provision, resolution or other regulation to prohibit the unauthorized
appropriation of a shopping cart from the business premises of the person that
owns the shopping cart and to provide for the salvage or reclamation of an
abandoned shopping cart.
(2) An ordinance, charter provision,
resolution or other regulation enacted or adopted as described in subsection
(1) of this section shall substantially conform with the requirements set forth
in ORS 199.891. This subsection does not preclude a local government from
enacting or adopting an ordinance, charter provision, resolution or other
regulation related to the collection or retrieval of abandoned shopping carts
by a person that is subject to but not in compliance with ORS 199.891 (1)(d).
(3) For purposes of this section, local
government means a city, county, special district or other public commission,
authority or entity organized under state statute or city or county charter. [2007
c.243 §1]
Note: 199.890 and 199.891 were enacted into law by
the Legislative Assembly but were 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.
199.891
Notice of crime of unauthorized appropriation of shopping carts; recovery of
abandoned shopping carts.
(1) A local government in an ordinance, charter provision, resolution or other
regulation enacted or adopted in accordance with ORS 199.890 shall provide that
a person that supplies shopping carts for public use at the persons business
shall:
(a) Post signs in sufficient number to
give notice to members of the public entering onto or leaving the business
premises that unauthorized appropriation of a shopping cart is a crime under
ORS 164.015 and to provide a toll-free telephone number that members of the
public may use to report abandoned shopping carts.
(b) Identify the persons business on each
shopping cart and post a sign on the shopping cart that:
(A) Notifies any member of the public
using the shopping cart that unauthorized appropriation of a shopping cart is a
crime under ORS 164.015; and
(B) Provides a toll-free telephone number
for use in reporting an abandoned shopping cart.
(c) Establish, maintain and make available
to the public, at the persons own expense, a toll-free telephone line for the
purpose of reporting abandoned shopping carts. The person shall forward each
report the person receives concerning an abandoned shopping cart to the owner
of the shopping cart and to the appropriate local government within one
business day after the person receives the report. The person may forward the
report to the local government by means of electronic mail or in any other
manner provided for in a local government regulation.
(d) Retrieve or contract for the retrieval
of abandoned shopping carts.
(2) An ordinance, charter provision,
resolution or other regulation enacted or adopted in accordance with ORS
199.890 shall provide that a person may agree with other persons to share and
to pay expenses related to the toll-free telephone line described in subsection
(1)(c) of this section. The agreement shall provide that any person designated
to operate the toll-free telephone line and receive reports concerning
abandoned shopping carts must forward the reports in accordance with subsection
(1)(c) of this section.
(3) An ordinance, charter provision,
resolution or other regulation enacted or adopted in accordance with ORS
199.890 shall provide that a person shall retrieve a shopping cart that the
person owns within 72 hours after receiving notification that the shopping cart
has been abandoned.
(4) An ordinance, charter provision,
resolution or other regulation enacted or adopted in accordance with ORS
199.890 shall provide that:
(a) A local government that identifies,
salvages or reclaims an abandoned shopping cart shall use the toll-free
telephone line described in subsection (1)(c) of this section to report the
existence and location of an abandoned shopping cart to the owner of the
shopping cart, if the owner is identifiable;
(b) A local government may take custody of
an abandoned shopping cart and impose a fine of $50 on the owner of the
shopping cart if the owner does not retrieve the shopping cart within 72 hours
after the local government makes a report under paragraph (a) of this subsection
or after the owner receives a report under subsection (1)(c) of this section;
(c) A local government may release a
shopping cart held in the local governments custody to the owner upon payment
of the fine; and
(d) A local government may take title to a
shopping cart in the local governments custody and dispose of the shopping
cart as the local government deems appropriate, if the owner does not claim the
shopping cart within 30 days.
(5) For purposes of this section, local
government means a city, county, special district or other public commission,
authority or entity organized under state statute or city or county charter. [2007
c.243 §2]
Note: See note under 199.890.
_______________
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