ORS 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 (Procedure for minor boundary changes or transfers of territory). In addition, a city annexation proceeding may be initiated as provided by ORS 222.750 (Annexation of unincorporated territory surrounded by city) or 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915). Minor boundary change proceedings shall be conducted as provided by this section and ORS 199.490 (Procedure for minor boundary changes or transfers of territory) to 199.534 (Legislative annexation of territory to cities and districts).

(2)

ORS 222.111 (Authority and procedure for annexation) to 222.180 (Effective date of annexation), 222.460 (Procedures for withdrawal of territory) 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 (Procedure for minor boundary changes or transfers of territory) may include a tax differential proposal authorized by ORS 222.111 (Authority and procedure for annexation) (3). Notwithstanding ORS 199.490 (Procedure for minor boundary changes or transfers of territory) (2)(b), 222.173 (Time limit for filing statements of consent) (1), 222.175 (City to provide information on taxes and services when soliciting statements of consent) 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 (Annexation contract) or 222.115 (Annexation contracts) in formulating annexation proposals or petitions under ORS 198.855 (Annexation election), 199.490 (Procedure for minor boundary changes or transfers of territory) (2), 222.125 (Annexation by consent of all owners of land and majority of electors) or 222.170 (Annexation by consent before public hearing or order for election) for properties whose owners have signed such consents to annexation. ORS 222.530 (Procedure for division of assets on withdrawal of part of district) 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]

Source: Section 199.487 — Commission authority to initiate minor boundary change; nonapplicability of certain boundary change procedures; effect of commission action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors199.­html.

Notes of Decisions

Use of consents to annexation contained in contracts for “formulating annexation proposals” allows application of consents toward satisfaction of majority-consent provisions. Johnson v. City of La Grande, 167 Or App 35, 1 P3d 1036 (2000)

Use of consents in contracts to formulate annexation proposal “for properties whose owners have signed such consents to annexation” does not limit scope of proposal to properties of consenting owners. Johnson v. City of La Grande, 167 Or App 35, 1 P3d 1036 (2000)

199.410
Policy
199.415
Definitions for ORS 199.410 to 199.534
199.420
“District” defined for ORS 199.410 to 199.534
199.430
Procedure for creating commissions by local resolution or petition
199.432
Status of commission as state agency
199.435
Organization of commission created under ORS 199.430
199.440
Membership
199.445
Quorum
199.450
Advisory committee
199.452
Adoption of rules
199.455
Expenses of members
199.457
Finances
199.460
Jurisdiction of boundary commission over boundary changes
199.461
Study of proposed boundary change or other action
199.462
Standards for review of boundary changes
199.463
Notice
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
199.466
Approval of annexation or extraterritorial extension without study or hearing
199.468
Effective date of application submitted under ORS 199.464
199.476
When petition for major boundary change required
199.480
Filing of major boundary change order
199.485
Commission authority to initiate major boundary change
199.487
Commission authority to initiate minor boundary change
199.490
Procedure for minor boundary changes or transfers of territory
199.495
Effective date of certain annexations
199.500
Commission to notify counties of certain annexations with delayed effective date
199.505
Effective date of minor boundary changes
199.507
Effective date of transfer of territory
199.510
Financial effects of transfer or withdrawal
199.512
Commission proceedings for district formation or annexation to relieve public health danger
199.519
Effective date of boundary change
199.522
Economic feasibility analysis for proposed city
199.526
Time limit for obtaining signatures on petition for incorporation of city
199.531
Policy
199.534
Legislative annexation of territory to cities and districts
199.705
Definitions for ORS 199.705 to 199.795
199.710
Short title
199.715
City-county consolidation authorized
199.720
Initiation of consolidation proceedings by resolution or petition
199.725
Charter commission
199.730
Functions of charter commission
199.735
Election on consolidation
199.740
Effect of election
199.742
Charter requirements if consolidation is rejected in unincorporated area
199.743
Financial affairs of city-county if charter becomes effective during fiscal year
199.745
First governing body of city-county
199.750
Status of city-county
199.753
City-county service district
199.755
Receipt of state funds by city-county
199.760
Boundaries of city-county
199.765
Permanent rate limit for operating taxes of city-county
199.770
Status of employees after consolidation
199.775
Effect of city-county incorporation
199.777
New county or county boundary change authorized when unincorporated area rejects consolidation
199.780
Petition for county formation or boundary change
199.783
Division of assets when petition is for boundary change
199.785
Election on county formation or boundary change
199.787
Certification of election results
199.790
Issuance of proclamation by Governor
199.795
Operation and effect of proclamation
Green check means up to date. Up to date