2017 ORS 199.457¹
Finances
  • tax levy by county
  • donations
  • service charges
  • assessments

(1) Any county located within the jurisdiction of a boundary commission may levy taxes and expend funds for the purposes of ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts).

(2) 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 (Policy) to 199.534 (Legislative annexation of territory to cities and districts).

(3) A boundary commission, with the approval of the advisory committee appointed under ORS 199.450 (Advisory committee), may establish and collect reasonable service charges from persons, cities, the county or counties and special districts within its jurisdiction to defray the costs of operating the commission and carrying out the purposes of ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). Such charges shall include, but not be limited to, fees for filing a petition or resolution for a boundary change with the commission.

(4) In addition to any service charges established under subsection (3) of this section, a boundary commission may determine it is necessary to charge cities and counties within its jurisdiction for services and activities carried out under ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). If the commission determines that it is necessary to charge cities and counties within its jurisdiction for any fiscal year, the commission shall determine, with the approval of the advisory committee appointed under ORS 199.450 (Advisory committee), the total amount to be charged and shall assess each city and county with the portion of the total amount as the population of the portion of the city or county within the jurisdiction of the commission bears to the total population of the area within the jurisdiction of the commission. For the purposes of this subsection, the population of a county does not include the population of any city situated within the boundaries of that county.

(5) In addition to any service charges, established under subsection (3) of this section, a boundary commission may determine it is necessary to charge districts within its jurisdiction for services and activities carried out under ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). If the commission determines that it is necessary to charge districts within its jurisdiction for any fiscal year, the commission shall determine, with the approval of the advisory committee appointed under ORS 199.450 (Advisory committee), the total amount to be charged and shall assess each district with the portion of the total amount as the assessed valuation of the district within the jurisdiction of the commission bears to the total assessed valuation of all districts within the jurisdiction of the commission. However, assessments shall not be made by a boundary commission under this subsection against a highway lighting district organized under ORS chapter 372, a vector control district organized under ORS chapter 452 or a county service district organized under ORS chapter 451 for the purpose of providing street lighting works or vector control.

(6) For each fiscal year beginning on or after July 1, 1982, the commission shall notify each city, county or district governing body of its intent to levy an assessment under this section and the amount of the assessment for each city, county and district at least 120 days before the beginning of the fiscal year for which the assessment will be made.

(7) The decision of the commission to assess the cities, counties and districts within its jurisdiction, and the amount of the assessment upon each, shall be binding upon those governmental bodies. Cities, counties and districts shall pay their assessment in equal quarterly payments as the commission may require except that any city or district with a total annual assessment of less than $100 shall pay the total assessment in one installment at the time specified for the second quarterly payment.

(8) When a city or district located in a county outside the jurisdiction of a boundary commission annexes or otherwise incorporates territory located within the jurisdiction of a boundary commission, the boundary commission shall assess the city or district with the portion of the total amount determined under subsection (4) or (5) of this section as the assessed valuation of the territory of the city or district within the jurisdiction of the boundary commission bears to the total assessed valuation of the entire city or district. [Formerly 199.535; 1981 c.265 §8; 1983 c.336 §5; 1989 c.92 §14; 1997 c.516 §3; 2007 c.239 §12]

Notes of Decisions

Charges imposed on districts to finance com­mis­sion activities comply with constitu­tional require­ment for uniformity of taxa­tion notwithstanding that some geographic areas may be located within more than one assessed district. Tualatin Fire Dist. v. Portland Metro. Area Local Govern­ment Boundary Comm., 9 OTR 281 (1983)

Boundary com­mis­sion is not re­quired to consider peti­tion to incorporate city until re­quired filing fee has been paid, and 120-day period for com­mis­sion to approve or disapprove peti­tion does not begin to run until fee is paid. Aloha Advisory Comm. v. Port. Metro. Area LGBC, 72 Or App 299, 695 P2d 941 (1985), Sup Ct review denied

Atty. Gen. Opinions

Funding methods for boundary com­mis­sion, (1982) Vol 42, p 277

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.