2017 ORS 222.275¹
Second election on question of consolidation of certain areas or cities

(1) Electors of a city or area proposed to be included in a consolidated city may request a second election on the question of consolidation by filing a petition requesting the election as provided in this section, if:

(a) The majority of votes cast in the first election in the city or area for which the second election is requested was in favor of consolidation but the city or area is not contiguous to any other portion of the consolidated city; or

(b) The majority of votes cast in the election in the city or area is against consolidation but the city or area is contiguous to the consolidated city.

(2) Except as provided in subsection (4) of this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under ORS 250.165 (Prospective petition) to 250.235 (Retention of petition materials). The petition must be signed by not less than 25 percent of the electors of the city or area.

(3) Except as provided in subsection (4) of this section and notwithstanding subsection (2) of this section, if ORS 250.155 (Application of ORS 250.165 to 250.235) makes ORS 250.165 (Prospective petition) to 250.235 (Retention of petition materials) inapplicable to a county, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the county charter or an ordinance adopted under the county charter.

(4) The petition must be filed with the county clerk of the county within which the largest portion of the city or area lies, not later than the 60th day after the date of the first election. The county clerk of the county in which the petition is filed immediately shall verify the signatures on the petition and forward the petition to the chief elections officer.

(5) If a petition is filed as provided in this section, the chief elections officer shall call a second election on the question of consolidation in the city or area on the next available election date in ORS 221.230 (Election dates) that is not sooner than the 61st day after the date on which the chief elections officer receives the verified petition.

(6) The results of the election shall be determined according to ORS 222.270 (Canvass of votes). [1971 c.761 §11; 1979 c.316 §12; 1983 c.83 §25; 1983 c.350 §43; 1987 c.707 §5; 1989 c.923 §10; 1991 c.71 §6; 1993 c.713 §55]

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.