ORS 222.900¹
City to adopt ordinance

(1) Subject to subsection (2) of this section, upon receipt of the certified copy of the finding as provided in ORS 222.880 (Department of Human Services order or finding) (2) or (3) and certification of approval of plans under ORS 222.898 (Determination if health danger can be alleviated), the city council shall adopt an ordinance which shall:

(a) Contain the legal description of the territory annexed;

(b) Contain the terms of the annexation, if any, made under ORS 222.111 (Authority and procedure for annexation);

(c) Adopt the plans, specifications and time schedule as approved by the Department of Human Services or Environmental Quality Commission; and

(d) Declare the territory annexed to the city in accordance with ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915).

(2) An ordinance shall not be enacted as provided in subsection (1) of this section until the expiration of the time for appeal under the provisions of ORS 222.896 (Judicial review) and, in the event an appeal is filed, following the determination of that appeal.

(3) If the department makes its finding under ORS 222.880 (Department of Human Services order or finding) (3), the city shall not annex a greater area than that described in the finding. The recorder, or other officer performing the duties of the recorder, shall transmit a transcript to the Secretary of State, including certified copies of the resolution required in ORS 222.860 (Proposal for annexation), the finding of the Director of Human Services, and the ordinance proclaiming annexation of the territory.

(4) If the city council adopts the ordinance of annexation as provided in subsection (1) of this section, it shall within one year thereafter prepare plans and specifications for the sanitary, water or other facilities proposed to be provided in the annexed area, in compliance with ORS 448.115 (Definitions for ORS 448.115 to 448.285) to 448.285 (Penalty schedule) or 468B.055 (Plans and specifications for disposal, treatment and sewerage systems) and shall then proceed in accordance with the time schedule to construct or install these facilities. The commission shall use its powers of enforcement under ORS 448.305 (Special ordinance authority of certain cities), 454.010 (Definitions for ORS 454.010 to 454.040) to 454.040 (Determination of costs payable by users), 454.205 ("Municipality" defined) to 454.255 (Plans and cost estimates), 454.505 (Definitions for ORS 454.505 to 454.535) to 454.535 (Sewage Treatment Works Construction Account), 454.605 (Definitions for ORS 454.605 to 454.755) to 454.755 (Fees for certain reports on sewage disposal), and ORS chapters 468, 468A and 468B to insure that the facilities are constructed or installed in conformance with the approved plans and schedule. The manner of financing the cost of the facilities shall be determined by the city council. [1967 c.624 §10; 1973 c.637 §11; 1975 c.639 §14; 1983 c.740 §57]

Notes of Decisions

These pro­vi­sions authorizing the state Health Division to order annexa­tion to a city or territory within which there exist condi­tions dangerous to the public health do not constitute an unlawful delega­tion of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sec­tions apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency ac­tions under these sec­tions do not involve decisions concerning land use, ORS 197.180 (State agency planning responsibilities), requiring adherence to state-wide planning goals in planning and other ac­tions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexa­tion, (1980) Vol 41, p 195

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexa­tions to be made in quasi-judicial pro­ceed­ings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 222—City Boundary Changes; Mergers; Consolidations; Withdrawal, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­222.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 222, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­222ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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.
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