2015 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 222 - City Boundary Changes; Mergers; Consolidations; Withdrawals
Section 222.465 - Effective date of withdrawal from domestic water supply district, water control district or sanitary district.

Notwithstanding any provision of this chapter or ORS chapter 199 which provides a different effective date, when territory is withdrawn by a city from a domestic water supply district organized under ORS chapter 264, a water control district organized under ORS chapter 553 or a sanitary district organized under ORS chapter 450, if the ordinance, annexation or incorporation that results in the withdrawal is enacted or approved after March 31 in any year, the effective date of the withdrawal of territory shall be July 1 in the following year. However, if the ordinance, annexation or incorporation that results in the withdrawal is enacted or approved before April 1 in any year, the effective date of the withdrawal of territory shall be July 1 in the same year. When less than the entire area of a domestic water supply district organized under ORS chapter 264, a water control district organized under ORS chapter 553 or a sanitary district organized under ORS chapter 450 is annexed by or incorporated into a city, the district shall, for purposes of administration, operation and the collection of service charges, continue to operate that portion of the district separately until the effective date of the withdrawal of territory as determined under this section. This section does not limit any agreement between a city and a district under ORS 222.530 (5), 222.540 (4) or 222.560 (4). [1985 c.702 §4a]

Note: See note under 222.460.

(Temporary provisions relating to withdrawal of tracts from

City of Damascus)

Note: Section 1, chapter 75, Oregon Laws 2014, provides:

Sec. 1. (1) As used in this section:

(a) "Contiguous lots or parcels of land under the same ownership" includes lots or parcels that are separated only by a public or private right of way.

(b) "Located on the boundary of the city" includes the circumstance in which a tract is:

(A) Contiguous to the corporate boundary of the city or separated from the corporate boundary only by a public right of way or a stream, bay, lake or other body of water, as described in ORS 222.111;

(B) Separated from the corporate boundary only by real property that is owned by a public body, as defined in ORS 174.109; or

(C) Separated from the corporate boundary only by real property that the owner of the tract is entitled to use pursuant to an easement.

(c) "Same ownership" includes ownership, singly or in any combination, by an individual, other individuals related to the individual by blood, marriage or adoption, and entities owned, directly or indirectly, by the individual or such related individuals.

(d) "Tract" means one or more contiguous lots or parcels of land under the same ownership and includes any portion of the contiguous lots or parcels of land under the same ownership less than the whole.

(2) Notwithstanding ORS 222.460, the owner of a tract within the corporate boundaries of the City of Damascus may withdraw the tract from the city if:

(a) The comprehensive plan and land use regulations of the city are not acknowledged, as required under ORS 197.757, when the owner makes the filing for withdrawal required under subsection (3) of this section; and

(b) Any portion of the tract is located on the boundary of the city.

(3) To withdraw a tract from the City of Damascus under this section, the owner must file with the mayor and the governing body of the city, in person or by registered mail, return receipt requested, with a copy to Metro and the Department of Land Conservation and Development:

(a) A request to withdraw the tract from the city;

(b) A copy of a deed, preliminary title report, tax record or similar document showing ownership of the tract;

(c) A legal description of the tract to be withdrawn; and

(d) A copy of the cadastral map maintained by the county assessor that shows the location of the tract. [2014 c.75 §1; 2015 c.562 §1]

Note: Section 2, chapter 562, Oregon Laws 2015, provides:

Sec. 2. (1) For purposes of this section, the question of whether the withdrawal of a tract will cause an undue hardship on the continued operation of the City of Damascus must be based on the operation of the city at the time the request for withdrawal of the tract is filed under section 1 (3), chapter 75, Oregon Laws 2014.

(2)(a) Within 10 days after receipt of a request for withdrawal filed under section 1 (3), chapter 75, Oregon Laws 2014, the governing body of the City of Damascus shall cause notice of a public hearing on the withdrawal of the tract to be held within 30 days after receipt of the request.

(b) For two successive weeks before the date of the public hearing, the notice shall be published once each week in a newspaper of general circulation in the city and posted in four public places in the city.

(3) At the public hearing, the public may appear and be heard on the questions of whether:

(a) The requirements of section 1 (2), chapter 75, Oregon Laws 2014, have been met with respect to the tract; and

(b) The withdrawal of the tract will cause an undue hardship on the continued operation of the City of Damascus.

(4)(a) Within 30 days after receiving testimony at the public hearing, the governing body of the City of Damascus shall consider and make determinations on the questions described in subsection (3) of this section.

(b) If the governing body determines that the requirements of section 1 (2), chapter 75, Oregon Laws 2014, have been met and the withdrawal of the tract will not cause an undue hardship on the continued operation of the city, the governing body shall:

(A) Adopt an ordinance or resolution declaring the tract withdrawn from the city and causing the corporate boundaries of the city to be amended to reflect the withdrawal.

(B) Cause the amended corporate boundaries of the city to be reported to:

(i) The owner of the tract;

(ii) Metro;

(iii) The county clerk and county assessor of Clackamas County, in the manner required of a city under ORS 222.010; and

(iv) The Department of Revenue, as required under ORS 308.225.

(c) If the governing body determines that the requirements of section 1 (2), chapter 75, Oregon Laws 2014, have not been met or the withdrawal of the tract will cause an undue hardship on the continued operation of the city, the governing body shall:

(A) Adopt an ordinance or resolution rejecting the withdrawal of the tract from the city.

(B) Cause the determination to be reported to:

(i) The owner of the tract; and

(ii) Metro.

(d) If the governing body does not make a determination on the questions described in subsection (3) of this section within 30 days after receiving testimony at the public hearing, the withdrawal shall be deemed complete and, upon request of the owner of the tract, the governing body shall cause:

(A) The corporate boundaries of the city to be amended to reflect the withdrawal.

(B) The amended corporate boundaries of the city to be reported to:

(i) The owner of the tract;

(ii) Metro;

(iii) The county clerk and county assessor of Clackamas County, in the manner required of a city under ORS 222.010; and

(iv) The Department of Revenue, as required under ORS 308.225.

(5) The withdrawal of a tract under this section:

(a) Is not a land use decision or a limited land use decision subject to the exclusive jurisdiction of the Land Use Board of Appeals under ORS 197.805 to 197.855.

(b) Is not subject to referral to the electors.

(c) Is not subject to ORS 222.040.

(6)(a) A determination by the governing body under subsection (4)(b) or (c) of this section, or the withdrawal of a tract due to the failure of the governing body to make a timely determination under subsection (4)(d) of this section, may be appealed to the circuit court of the county in which the City of Damascus is located.

(b) The court shall hear the matter de novo.

(c) The court may reverse or remand the determination of the governing body or the withdrawal of the tract due to the failure of the governing body to make a timely determination only if the court finds that:

(A) The withdrawn tract did not meet the requirements for withdrawal under section 1 (2), chapter 75, Oregon Laws 2014;

(B) The withdrawal was clearly in error;

(C) There is a basis to vacate the withdrawal for the reasons for which an arbitration award may be vacated, modified or corrected under ORS 36.705 (1)(a) to (d) or 36.710; or

(D) The withdrawal was unconstitutional.

(7) The City of Damascus may not annex a tract withdrawn from the city under this section for a period of 10 years after the withdrawal unless the owner of the tract submits a petition to the governing body of the city seeking annexation of the tract. [2015 c.562 §2]

Note: Section 4, chapter 75, Oregon Laws 2014, provides:

Sec. 4. Section 1, chapter 75, Oregon Laws 2014, and section 2 of this 2015 Act [section 2, chapter 562, Oregon Laws 2015], are repealed on January 2, 2025.

[2014 c.75 §4; 2015 c.562 §3]