2017 ORS 195.205¹
Annexation by provider
  • prerequisites to vote
  • public hearing

(1) A city or district that provides an urban service may annex territory under ORS 195.020 (Special district planning responsibilities), 195.060 (Definitions) to 195.085 (Compliance deadlines), 195.205 (Annexation by provider) to 195.235 (Application of other annexation procedures), 197.005 (Legislative findings), 197.319 (Procedures prior to request of an enforcement order), 197.320 (Power of commission to order compliance with goals and plans), 197.335 (Order for compliance with goals) and 223.304 (Determination of amount of system development charges) that:

(a) Is situated within an urban growth boundary; and

(b) Is contained within an annexation plan adopted pursuant to ORS 195.020 (Special district planning responsibilities), 195.060 (Definitions) to 195.085 (Compliance deadlines), 195.205 (Annexation by provider) to 195.235 (Application of other annexation procedures), 197.005 (Legislative findings), 197.319 (Procedures prior to request of an enforcement order), 197.320 (Power of commission to order compliance with goals and plans), 197.335 (Order for compliance with goals) and 223.304 (Determination of amount of system development charges).

(2) A city or district may submit an annexation plan to a vote under subsection (5) of this section only if, prior to the submission of the annexation plan to a vote:

(a) The territory contained in the annexation plan is subject to urban service agreements among all appropriate counties and cities and the providers of urban services within the territory, as required by ORS 195.065 (Agreements required) and 195.070 (Agreement factors), and:

(A) Such urban service agreements were in effect on November 4, 1993; or

(B) They expressly state that they may be relied upon as a prerequisite of the annexation method authorized by ORS 195.020 (Special district planning responsibilities), 195.060 (Definitions) to 195.085 (Compliance deadlines), 195.205 (Annexation by provider) to 195.235 (Application of other annexation procedures), 197.005 (Legislative findings), 197.319 (Procedures prior to request of an enforcement order), 197.320 (Power of commission to order compliance with goals and plans), 197.335 (Order for compliance with goals) and 223.304 (Determination of amount of system development charges); and

(b) The territory contained in the annexation plan is subject to an agreement between the city and county addressing fiscal impacts, if the annexation is by a city and will cause reductions in the county property tax revenues by operation of section 11b, Article XI of the Oregon Constitution.

(3) Prior to adopting an annexation plan, the governing body of a city or district shall hold a public hearing at which time interested persons may appear and be heard on the question of establishing the annexation plan.

(4) The governing body of the city or district shall cause notice of the hearing to be published, once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city or district.

(5) If after the public hearing required under subsection (3) of this section, the governing body of the city or district decides to proceed with the annexation plan, it shall cause the annexation plan to be submitted to the electors of the city or district and to the electors of the territory proposed to be annexed under the annexation plan. The proposed annexation plan may be voted upon at a general election or at a special election to be held for that purpose. [1993 c.804 §13]

Law Review Cita­tions

77 OLR 893 (1998)

1 Legislative Counsel Committee, CHAPTER 195—Local Government Planning Coordination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors195.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 195, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano195.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.