reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.935 - Election on dissolution; consent of creditors; content of notice.

(1) When the district to be dissolved is within the jurisdiction of a local government boundary commission, within 10 days after the district board files the plan of dissolution and liquidation required by ORS 198.925, the district board shall file the documents initiating dissolution with the boundary commission in accordance with ORS 199.476.
(2) Within 10 days after the district board files the plan of dissolution and liquidation required by ORS 198.925, and following boundary commission approval if necessary, the district board shall call an election for the purpose of submitting to the electors of the district the question of whether the district shall be dissolved, its indebtedness liquidated and its assets disposed of in accordance with the plan proposed. The election shall be held on the next available election date in ORS 255.345 for which the filing deadline can be met. No election shall be called until the assent of all known holders of valid indebtedness against the district is obtained or provision is made in the plan for payment of the nonassenting holders. The notice of the election shall contain a brief summary of the plan of dissolution and liquidation and state that the plan of dissolution is available for examination at the office of the county clerk. [1971 c.727 §52; 1979 c.316 §8; 1983 c.336 §25; 1987 c.707 §3; 1989 c.923 §5]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.940 - Dissolution without election.

The election required by ORS 198.935 shall be dispensed with and the county board shall declare the district dissolved and proceed in accordance with ORS 198.945, if the county board finds that dissolution is in the interest of the people of the county and:
(1) The territory within the affected district is uninhabited;
(2) The district has failed regularly to elect district board members in accordance with the principal Act of the district;
(3) For a county service district, dissolution is required due to an absence of public need for continuation of the district, as provided in ORS 451.620; or
(4) For a county service district, the district is no longer necessary for the purpose for which it was formed. [1971 c.727 §53; 1987 c.504 §9; 2009 c.496 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.945 - Trustees for dissolved district; records to county clerk; limitation on further elections.

(1) Upon canvassing the vote after the election, if it appears that a majority or more of the votes cast approve dissolution, the district board shall declare the district dissolved. The board shall thereupon constitute a board of trustees who shall pay the debts or procure releases thereof and dispose of the property of the district. If the dissolved district was located wholly within the limits of one county, the board of the dissolving district may designate the county board as the board of trustees for the purpose of winding up the affairs of the district. If a majority of the votes cast at the election is against dissolution, the district board shall declare the proposal lost and cause the result of the vote to be made a part of the records of the district. In either case, the results of the election shall be certified to the county board immediately after the canvass of the vote.
(2) If dissolution is approved, after the affairs of the district have been fully settled, all books and records of the district shall be deposited by the board of trustees in the office of the county clerk of the county. At the same time, the board of trustees shall execute under oath, and file with the county board, a statement that the district has been dissolved and its affairs liquidated. From the date of the statement, the corporate existence of the district is terminated for all purposes.
(3) If a majority of the votes cast are against dissolution, no further election for dissolution shall be called by the board, upon petition or upon a resolution of the board, prior to the expiration of one year from the date of the election on dissolution. [1971 c.727 §54]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.950 - Power of trustees to convey assets.

The board of trustees may convey to another district all assets of the dissolving district as described by ORS 198.930:
(1) If the other district assumes all debts and obligations of the dissolving district and undertakes to continue to furnish the service provided by the dissolving district pursuant to the plan of dissolution and liquidation; and
(2) If the consent of all the known holders of valid indebtedness against the district has been obtained, or provision has been made in the plan for payment of the nonassenting holders. [1971 c.727 §55]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 198 - Special Districts Generally › Section 198.955 - Disposition of assets; rules.

(1) Except as provided by ORS 198.950, any surplus funds remaining to the credit of the district, after payment of the indebtedness of the district, shall be turned over to the county treasurer. If the assets of the district are insufficient to pay the indebtedness, the board of trustees shall levy taxes, within the limits of the authority of the district, for the liquidation of such indebtedness.
(2) Notwithstanding subsection (1) of this section, if the property of a district is located within the corporate limits of a city, such property shall, upon dissolution of the district, vest in the city in which located and the property of the district lying outside the corporate limits of any city shall vest in the county until the formation of a city embracing such territory, at which time it shall vest in the city.
(3) In each year that the county receives surplus funds to the credit of the district under subsection (1) of this section, any funds in the account of the district on June 30, in excess of $6,000 retained by the county for administration, shall be certified to the county assessor and shall be disposed of as provided under one of the following paragraphs, as selected by the county assessor:
(a) Notwithstanding ORS 310.105, the funds may be offset against that portion of the levies of taxing units levied against the property values of property within the dissolved district. The method of offset shall be further defined by rule of the Department of Revenue. If the funds are offset as provided under this paragraph, the funds shall be distributed to each taxing unit in the amount of that taxing unit’s offset.
(b) The amount may be credited to each property appearing on the tax roll for the year for which the credit applies within the dissolved district on the basis of current assessed value. If the surplus funds are distributed under this paragraph, the surplus funds shall be deposited in the unsegregated tax collections account established under ORS 311.385 and distributed in the same manner as other funds in that account. The method to be used to credit the amount of the surplus shall be further defined by rule of the Department of Revenue. [1971 c.727 §56; 1989 c.883 §1; 1991 c.459 §343]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 199.310

[1963 c.516 §18; repealed by 1969 c.130 §3]
LOCAL GOVERNMENT BOUNDARY COMMISSIONS
Note:
Sections 3, 4 and 11, chapter 539, Oregon Laws 2005, provide:
Sec. 3.
Section 4 of this 2005 Act is added to and made a part of ORS 199.410 to 199.534. [2005 c.539 §3]
Sec. 4.
(1) A lot, parcel or tract may not be included in territory proposed to be annexed unless the owner of the lot, parcel or tract gives written consent to the annexation, if the lot, parcel or tract:
(a) Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;
(b) Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;
(c) Has an assessed value of more than $2 million, including improvements; and
(d) Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.
(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; 2016 c.121 §2]
Sec. 11.
Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026. [2005 c.539 §11; 2016 c.121 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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 358.442 to 358.474. [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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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 291.224, 291.232 to 291.260, 291.371, 291.373 or 291.375.
(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; 2012 c.107 §101]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 199.450 - Advisory committee; membership; function; term.

(1) Each boundary commission shall appoint an advisory committee to advise and assist the commission in carrying out the purposes of ORS 199.410 to 199.534. An advisory committee shall consist of nine members who are residents within the jurisdiction of the commission. Except for the public members, to be qualified to serve on a committee a person shall be a member of the governing body of a city, county or district located within the jurisdiction of the commission. The members shall include two city officers, two county officers, two district officers and three public members, one of whom shall serve as chairperson of the advisory committee. A governing body shall not have more than one member on the advisory committee. When only one county is under the jurisdiction of a boundary commission, then the committee shall consist of three city officers, one county officer, three district officers and the two public members. Any member of the committee may designate a representative who is an officer or employee of the member’s city, county or district to appear and act for that member at any meeting of the committee.
(2) The advisory committee shall meet as necessary. The advisory committee shall also meet on the call of the commission.
(3)(a) The committee may review each petition filed with the commission except a petition filed under ORS 199.495. If the committee reviews a petition, it may submit a recommendation on the petition to the boundary commission within 30 days after the petition is filed with the commission.
(b) The committee shall review each administrative rule of the commission prior to its adoption. The committee may propose any changes to the commission’s rules, policies or practices as it deems necessary or desirable.
(4) In addition to its other functions and duties, the advisory committee shall review the annual budget of the boundary commission and any assessments levied under ORS 199.457. The advisory committee shall meet with the commission and may make such recommendations relating to the budget or assessments as it deems necessary or prudent. The budget or an assessment levied under ORS 199.457 shall be effective only when approved by the advisory committee.
(5) A member shall serve for a term of two years. Of the members first appointed, however, four shall serve for terms of one year and five shall serve for terms of two years. The respective terms of the members shall be determined by lot at the first meeting of the advisory committee. [1969 c.494 §9a; 1971 c.462 §5; 1981 c.265 §6; 1983 c.336 §3; 1989 c.92 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 199.462 - Standards for review of boundary changes; territory that 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 199.465

[1969 c.494 §11; 1971 c.462 §10; 1973 c.433 §1; 1981 c.890 §6; renumbered 199.476]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 199.466 - Approval of annexation or extraterritorial extension without study or hearing; conditions; appeal.

(1) When filing an annexation petition or application under ORS 199.464 (3) or (4) with a boundary commission, the principal petitioner may request that the petition or application be approved without the study, public hearing and adoption of a final order required under ORS 199.461. If such request is made, the executive officer of the commission, not later than the 15th day after the filing of the petition or application, shall prepare a brief analysis of the petition or application and a recommendation for disposition of the proceeding, and send a copy of the analysis and recommendation to each commission member, to the governing body of each city, county and district with territory affected by the annexation or extension, to the owners of the affected territory and to such other persons as may be required by the commission. If the executive officer fails to prepare the analysis and recommendation by the 15th day after the filing of the petition or application, then the petition or application shall be approved only after the study, public hearing and adoption of the final order required under ORS 199.461.
(2) If, within 25 days after the filing of an annexation petition or application for an extraterritorial water or sewer line extension, a person or governing body that received a copy of the executive officer’s analysis and recommendation under subsection (1) of this section does not ask in writing for a public hearing on the proceeding under ORS 199.461, the petition or application shall be considered approved by the commission. After such approval, the executive officer of the commission shall send written notification of the approval to the officials and persons described in ORS 199.461 (5) or (6). For an annexation petition, the notification shall contain a legal description and map describing the territory approved for annexation, and for an application under ORS 199.464 (3) or (4), a general description and map of the territory affected by the extension. If a request for a public hearing is received by the commission within the 25-day period after the filing, the commission shall proceed as provided by ORS 199.460 to 199.463 and 199.490 to 199.534.
(3) Any person, city, county or district may appeal the approval of a petition or tentative plans under this section as provided in ORS 199.461 (4). [1981 c.265 §14; 1983 c.336 §12; 1989 c.92 §20]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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 the Oregon Health Authority. [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; 2009 c.595 §178]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 199 - Local Government Boundary Commissions; City-County Consolidation › Section 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]