ORS 199.476
When petition for major boundary change required

  • when economic feasibility statement required
  • effect of filing petition
  • effect of appeal

(1)

When a major boundary change is initiated by a legally sufficient petition as provided by the principal Act, if the territory subject to the petition is within the jurisdiction of a boundary commission, the filing agency notwithstanding the principal Act, shall file, within 10 days after the petition is filed, a certified copy of the petition with the boundary commission having jurisdiction of the change. If the petition proposes formation, consolidation or merger of a city or district it shall be accompanied by the economic feasibility analysis and an estimate of the tax rate derived from the feasibility analysis that will be required to provide the services or functions of the proposed city or district. The analysis and estimate of the tax rate shall be prepared in cooperation with the county assessor and the Department of Revenue. The analysis shall include among other items a description of the services or functions to be performed or provided by the new unit and an analysis of their relationship to other existing or needed government services. The analysis shall also include a first year line item operating budget and a projected third year line item operating budget.

(2)

The proceeding under the principal Act shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency. Suspension of the proceeding under this section shall not continue for more than 120 days after the date the commission receives the petition.

(3)

If a final order is not adopted within the 120 days, the petition shall be considered approved by the commission.

(4)

Notwithstanding subsection (3) of this section, if a final order of a commission is appealed for review by the Court of Appeals and a copy of the petition for judicial review is filed with the filing agency within 60 days after the date on which the final order is issued, the suspension period shall be extended and continue until the petition for judicial review is determined and the results thereof certified to the filing agency.

(5)

A determination by the board of directors of a county service district that there is a public need for the continued existence of the district shall be reviewed as provided in this section. [Formerly 199.465; 1983 c.336 §13; 1987 c.504 §10; 1987 c.882 §10; 1989 c.92 §21]

Source: Section 199.476 — When petition for major boundary change required; when economic feasibility statement required; effect of filing petition; effect of appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors199.­html.

See also annotations under ORS 199.465 in permanent edition.

Notes of Decisions

Boundary commission is not required to consider petition to incorporate city until required filing fee has been paid, and 120-day period for commission to approve or disapprove petition does not begin to run until fee is paid. Aloha Advisory Comm. v. Port. Metro. Area LGBC, 72 Or App 299, 695 P2d 941 (1985), Sup Ct review denied

ORS 222.210 to 222.310 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)

Attorney General Opinions

No application to livestock district, (1976) Vol 37, p 1508

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

Current through early 2024

§ 199.476’s source at oregon​.gov