199.110 [1963 c.516 §1; 1965 c.69 §1; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 199 — Local Government Boundary Commissions; City-County Consolidation
95 sections199.120 [1963 c.516 §2; 1965 c.69 §2; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.130 [1963 c.516 §3; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.140 [1963 c.516 §4; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.150 [1963 c.516 §§5,6,19; 1969 c.130 §1; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.160 [1963 c.516 §7; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.170 [1963 c.516 §8; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.180 [1963 c.516 §9; 1969 c.130 §2; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.210 [1963 c.516 §10; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.220 [1963 c.516 §11; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.230 [1963 c.516 §§12,13; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.240 [1963 c.516 §14(1); repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.250 [1963 c.516 §15; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.260 [1963 c.516 §14(2); repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.270 [1963 c.516 §16; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.280 [1963 c.516 §17; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.310 [1963 c.516 §18; repealed by 1969 c.130 §3]repealed
No operative statutory text appears at this designation in the selected edition.
199.410 Policy
The Legislative Assembly finds that: A fragmented approach has developed to public services provided by local government. Fragmentation results in duplications in services and resistance to cooperation and is a barrier to planning implementation. Such an approach has limited the orderly development and growth of Oregon’s urban areas to the detriment of the …
199.415 Definitions for ORS 199.410 to 199.534
As used in ORS 199.410 to 199.534, unless the context requires otherwise: “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. “Affected district” means a district or districts, named in a petition, …
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: Domestic water supply district organized under ORS chapter 264. Park and recreation district organized under ORS chapter 266. Metropolitan service district organized under ORS chapter 268. Highway lighting district organized under ORS chapter …
199.425 [1969 c.494 §4; 1979 c.152 §1; 1981 c.265 §2; 1997 c.516 §1; repealed by 2007 c.239 §15]repealed
No operative statutory text appears at this designation in the selected edition.
199.427 [1993 c.424 §1; repealed by 1997 c.516 §15]repealed
No operative statutory text appears at this designation in the selected edition.
199.430 Procedure for creating commissions by local resolution or petition
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: Similar resolutions creating a commission adopted by the county board of each of the counties within the jurisdiction of the commission; or Similar petitions, signed by the elect…
199.432 Status of commission as state agency; application of certain laws
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. 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.…
199.435 Organization of commission created under ORS 199.430
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. 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 firs…
199.440 Membership; appointment; qualifications; term; vacancy
A boundary commission shall have seven members. 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 Governo…
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: Adopt a final order under ORS 199.461. Adopt rules under ORS 199.452.
199.450 Advisory committee; membership; function; term
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 mem…
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.
199.455 Expenses of members; employees; cooperation of local governments
Each member of a boundary commission may receive travel and other expenses incidental to the performance of duties. 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. The governing bodies of cities, counties and districts located …
199.457 Finances; tax levy by county; donations; service charges; assessments
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. 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. A boundary commis…
199.458 [1987 c.882 §6; 1997 c.516 §4; repealed by 2007 c.239 §15]repealed
No operative statutory text appears at this designation in the selected edition.
199.459 [1981 c.793 §1; 1997 c.516 §5; repealed by 2007 c.239 §15]repealed
No operative statutory text appears at this designation in the selected edition.
199.460 Jurisdiction of boundary commission over boundary changes
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. If the territory subject to the proceeding is within the jurisdiction of two or more commissions, the highest assessed value c…
199.461 Study of proposed boundary change or other action; hearing; action by commission; judicial review; notice to public officials
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: Cause a study to be made of the proposal. Conduct one or more public hearings on the proposal. After the study and hearings, the boundary commission may alter the boundaries set out in a petition for fo…
199.462 Standards for review of boundary changes; territory that may not be included in certain boundary changes
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…
199.463 Notice; hearing
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 c…
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
Approval or disapproval under this section shall be based on the policy stated in ORS 199.410. 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 t…
199.465 [1969 c.494 §11; 1971 c.462 §10; 1973 c.433 §1; 1981 c.890 §6; renumbered 199.476]renumbered
No operative statutory text appears at this designation in the selected edition.
199.466 Approval of annexation or extraterritorial extension without study or hearing; conditions; appeal
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 tha…
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 ta…
199.470 [1969 c.494 §12; repealed by 1971 c.462 §20]repealed
No operative statutory text appears at this designation in the selected edition.
199.475 [1969 c.494 §13; 1971 c.462 §7; renumbered 199.461]renumbered
No operative statutory text appears at this designation in the selected edition.
199.476 When petition for major boundary change required; when economic feasibility statement required; effect of filing petition; effect of appeal
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 bounda…
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: If the commission approved the petition as presented or as modified, the proceeding shall continue as provided by the principal Act; ex…
199.483 [1987 c.882 §9; repealed by 1989 c.92 §39]repealed
No operative statutory text appears at this designation in the selected edition.
199.485 Commission authority to initiate major boundary change; resolution as petition; content and filing of resolution
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. Wh…
199.487 Commission authority to initiate minor boundary change; nonapplicability of certain boundary change procedures; effect of commission action
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. ORS 222.111…
199.490 Procedure for minor boundary changes or transfers of territory
A proceeding for a minor boundary change other than a transfer of territory may be initiated: By resolution of the governing body of the affected city or district; By petition signed by 10 percent of the electors registered in the affected territory; By petition signed by the owners of at least one-half the land area in the affected territory; By resolut…
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): 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 ado…
199.500 Commission to notify counties of certain annexations with delayed effective date
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 th…
199.505 Effective date of minor boundary changes; objections; election
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 ad…
199.507 Effective date of transfer of territory; objections; election
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, t…
199.508 [1989 c.176 §4; 1995 c.712 §85; repealed by 1997 c.541 §389]repealed
No operative statutory text appears at this designation in the selected edition.
199.510 Financial effects of transfer or withdrawal; exceptions
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. Subject to ORS 222.465, if the affected territory is …
199.512 Commission proceedings for district formation or annexation to relieve public health danger
The findings of the Director of the Oregon Health Authority 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 t…
199.514 [1973 c.664 §3; repealed by 1975 c.326 §5]repealed
No operative statutory text appears at this designation in the selected edition.
199.515 [1969 c.494 §19; 1971 c.462 §8; renumbered 199.462]renumbered
No operative statutory text appears at this designation in the selected edition.
199.519 Effective date of boundary change; filing boundary change with county assessor and Department of Revenue
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: Beginning after the 90th day before a primary election or general election and ending on the day after the election; or Beginning after the deadline for filing the notice of …
199.520 [1969 c.494 §20; 1971 c.462 §9; renumbered 199.463]renumbered
No operative statutory text appears at this designation in the selected edition.
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 rev…
199.525 [1969 c.494 §21; renumbered 199.452]renumbered
No operative statutory text appears at this designation in the selected edition.
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. Note: 199.526 was enacted into law by the Le…
199.530 [1969 c.494 §22; renumbered 199.455]renumbered
No operative statutory text appears at this designation in the selected edition.
199.531 Policy
The Legislative Assembly finds that: 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…
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 commission’s 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…
199.535 [1969 c.494 §23; renumbered 199.457]renumbered
No operative statutory text appears at this designation in the selected edition.
199.540 [1969 c.494 §24; 1971 c.462 §13; renumbered 199.487]renumbered
No operative statutory text appears at this designation in the selected edition.
199.705 Definitions for ORS 199.705 to 199.795
In ORS 199.705 to 199.795: “City-county” means a city incorporated under ORS 199.705 to 199.795 and having both city and county functions. “City in the county” means a city having more than 50 percent of its population in the county. “Most populous city” means a city of not less than 300,000 population. “Unincorporated area” means the area of unincorpora…
199.710 Short title
ORS 199.705 to 199.795 may be referred to as the City-County Act of 1971.
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.
199.720 Initiation of consolidation proceedings by resolution or petition
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 …
199.725 Charter commission; appointment; term; first meeting; chairperson; appropriation for expenses
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: 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 unincorpora…
199.730 Functions of charter commission; rules
The charter commission: Shall adopt rules to govern its proceedings. May acquire property, avail itself of quarters, enter into contracts necessary for its work, and receive and expend gifts, grants and appropriations. May employ administrative, clerical and technical assistance necessary for its work, and may request and secure information and assistance…
199.735 Election on consolidation; on merger
The commission shall call an election on a date specified in ORS 221.230. At the election the following questions shall be submitted: 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. To the electors of each less populous city in the county, th…
199.740 Effect of election
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. In case the question is approved as provide…
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: Special districts within the unincorporated area shall not be extinguished. The rate of taxation for ad valorem property taxes and business income taxes shall initia…
199.743 Financial affairs of city-county if charter becomes effective during fiscal year
Notwithstanding ORS 294.305 to 294.565 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 …
199.745 First governing body of city-county
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. The county clerk shall arrange for, give notice of and conduct the election. The county shall bear the expense of the election. The charter shall prescribe the date on which the city-county comes in…
199.750 Status of city-county
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…
199.753 City-county service district
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 responsibilitie…
199.755 Receipt of state funds by city-county
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. Starting with the first full calendar month after the effective date of the consolidation, a city-count…
199.760 Boundaries of city-county; effect of change; filing boundary change with county assessor and Department of Revenue
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: The boundaries shall include all territory located in any city in the county immediately before the consolidation; The boundaries shall exclude all territory…
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 consolidat…
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, inc…
199.775 Effect of city-county incorporation
When a city-county is incorporated, it shall: Succeed to all the property, contracts and rights of the consolidating cities and county; and Subject to whatever debt distribution plan the city-county charter prescribes, become liable for all the obligations of the consolidating cities and county. The officers of the consolidating cities and county shall fo…
199.777 New county or county boundary change authorized when unincorporated area rejects consolidation
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 s…
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 …
199.783 Division of assets when petition is for boundary change; commissioners to adopt plan for division; appointment of commissioners; effect of plan
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 …
199.785 Election on county formation or boundary change; election procedure; ballot title
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: The formation …
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 ne…
199.790 Issuance of proclamation by Governor
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. If an election for the purpose of changing…
199.795 Operation and effect of proclamation
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. 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…
199.890 [2007 c.243 §1; 2009 c.242 §1; renumbered 98.515 in 2009]renumbered
No operative statutory text appears at this designation in the selected edition.
199.891 [2007 c.243 §2; renumbered 98.520 in 2009]renumbered
No operative statutory text appears at this designation in the selected edition.