2017 ORS 199.415¹
Definitions for ORS 199.410 to 199.534

As used in ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts), 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 (Policy) to 199.534 (Legislative annexation of territory to cities and districts).

(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 (“District” defined for ORS 199.410 to 199.534).

(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 (Election dates), and 222 and, with reference to a district, the statutes, other than ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts), 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 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets), 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]

Notes of Decisions

A district is an “affected district” within the meaning of ORS chapter 199 only when a separate peti­tion for withdrawal addressed to and approved by the local govern­ment boundary com­mis­sion is necessary in order to withdraw land. River Rd. Water Dist. v. Eugene, 8 Or App 290, 492 P2d 812 (1972), Sup Ct review denied

Atty. Gen. Opinions

Withdrawal of territory from a district, (1975) Vol 37, p 737

Notes of Decisions

The statutory scheme of authority and pro­ce­dures for com­mis­sions created by this Act, plus adherence to the prescribed pro­ce­dure as set out in the Act, release the com­mis­sions from the limita­tions placed upon local govern­mental bodies in zone-change matters in Fasano v. Washington County Comm., 264 Or 574, 507 P2d 23 (1973). Marion County Fire Dist. 1 v. Marion-Polk County Local Govt. Boundary Comm., 19 Or App 108, 526 P2d 1031 (1974), Sup Ct review denied

In Proceeding Involving Proposed Merger of Three Water Districts

1) no elec­tion was re­quired before com­mis­sion order approving merger could take effect; 2) com­mis­sion made the findings re­quired by statute; 3) com­mis­sion’s findings were supported by substantial evidence, adequate for review and sufficient to support its order; and 4) these sec­tions did not constitute invalid delega­tion of legislative power. Redland Water District v. Portland Metro. Area LGBC, 63 Or App 641, 665 P2d 1241 (1983), Sup Ct review denied

Atty. Gen. Opinions

Dissolu­tion of insolvent metropolitan service district, (1972) Vol 35, p 1117

1 Legislative Counsel Committee, CHAPTER 199—County Consolidation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors199.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 199, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano199.­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.