2017 ORS 222.250¹
Joint convention of governing bodies
  • election on consolidation, charter and tax rate limit
  • date
  • functions of county court
  • ballot title

(1) After the charter commission has prepared and adopted a charter, the secretary of the charter commission shall file copies of the charter, certified as correct by the secretary or two or more members of the commission, with the governing bodies of each of the incorporated cities to be included in the proposed city. Within 30 days after the filing the governing bodies of the cities shall meet in joint convention, at the usual place of meeting of the governing body of the city having the largest population as shown by the last federal census, to adopt a ballot title for the question of consolidation and adoption of a city charter and tax base. The ballot title shall comply with the requirements of ORS 250.035 (Form of ballot titles for state and local measures). The permanent rate limit for operating taxes that is submitted to the electors shall be the permanent rate limit included in the petition for consolidation filed under ORS 222.230 (Form and contents of petition).

(2) The election shall be held on the date of the next primary election or general election that is not earlier than the 90th day after the filing. The election shall be called and held for the purpose of submitting the following question to the electors of each incorporated city and of each unincorporated area to be included in the proposed city:

(a) Whether an incorporated city shall be created consisting of the largest city proposed to be included therein, of each other incorporated city whose electors vote to create the proposed city, and of each unincorporated area in which the electors vote to create the proposed city;

(b) Whether the charter proposed by the charter commission shall be adopted as the charter for the city; and

(c) Whether the proposed permanent rate limit included in the petition for consolidation filed under ORS 222.230 (Form and contents of petition) shall be adopted as the proposed permanent rate limit of the new city.

(3) If the governing bodies cannot agree at the joint convention upon a date and a ballot title for the election, the county court of the county in which is located the administrative office of the city having the largest population of all cities proposed to be included in the consolidated city, by resolution duly adopted by the county court, shall determine a date and adopt a ballot title. The election in that case shall be called by the county court for the purposes provided in the petitions and ORS 222.210 (Authority to consolidate adjoining and nonadjoining cities or territories) to 222.310 (Construction of ORS 222.210 to 222.310).

(4) The statement summarizing the measure and its major effect in a ballot title for an election under this section shall include a general description of the boundaries of the proposed city. The description shall use streets and other generally recognized features and name the cities proposed to be included in the consolidated city. Notwithstanding ORS 250.035 (Form of ballot titles for state and local measures), the statement summarizing the measure and its major effect shall not exceed 150 words.

(5) Not later than the 61st day before the date of the election, the officer performing the duties of clerk of the joint convention or the county court shall file the ballot title with the county clerk of the county in which is located the administrative office of the city having the largest population of all cities proposed to be included in the consolidated city. The ballot title may be challenged in the manner provided for county measures in ORS 250.195 (Procedure for elector dissatisfied with ballot title of county measure). [Amended by 1971 c.761 §5; 1979 c.316 §11; 1983 c.350 §38; 1985 c.565 §34; 1989 c.92 §35; 1995 c.79 §81; 1995 c.534 §11; 1995 c.712 §93; 1997 c.541 §357]

Notes of Decisions

These sec­tions require that at least two cities participate in initiating consolida­tion and peti­tion by filing city for consolida­tion of new city to consist of filing city and unincorporated territory was legally insufficient. Mid-County Future Alt. v. Port. Metro. Area LGBC, 300 Or 14, 706 P2d 924 (1985)

Law Review Cita­tions

50 WLR 619 (2014)

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; Withdrawals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors222.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 222, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano222.­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.