2017 ORS 222.620¹
Submission of merger to electors of city surrendering charter
  • petition for merger
  • conduct of election

(1) The question of merger shall be submitted to the electors of the city desiring to surrender its charter and be merged into an adjoining city, as provided in this section. The governing body of the city shall call an election on the question when a petition is filed as provided in this section.

(2) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials). However, notwithstanding ORS 250.325 (Procedure following filing of initiative petition), the governing body of the city shall not consider adoption or rejection of the measure before submitting it to the electors.

(3) A petition shall state the proposed permanent rate limit for operating taxes for the city following the merger. The proposed permanent rate limit shall be the rate that would produce the same tax revenue as would be produced within the city or cities’ territorial boundaries were the merger not to take effect.

(4) Notwithstanding subsection (2) of this section, if ORS 250.255 (Application of ORS 250.265 to 250.346) makes ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials) inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

(5) The question of merger under this section may not be submitted to the electors of the city more than once in any 12-month period.

(6) An election under this section shall be conducted under ORS chapters 246 to 260, except as follows:

(a) The statement summarizing the measure and its major effect in the ballot title shall include a general description of the boundaries of each city proposed to be included in the merger. The description shall use streets and other generally recognized features and name the cities included in the proposed merger. The statement shall state the proposed permanent rate limit for operating taxes. The permanent rate limit that is submitted to the electors shall be the permanent rate limit included in the petition for merger.

(b) The notice of the election shall include a map indicating the boundaries of each city included in the proposed merger.

(7) An election under this section shall be held on the next practicable date under ORS 221.230 (Election dates). [Amended by 1967 c.283 §4; 1981 c.173 §10; 1983 c.350 §47; 1985 c.808 §72; 1995 c.79 §82; 1995 c.534 §12; 1997 c.541 §358a]

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.