Organization and Government of Cities

ORS 221.621
Disincorporation procedure

  • petition
  • election

(1)

This section establishes the procedure for determining whether a city shall disincorporate. The question shall be decided by election. The governing body of the city shall call an election when a petition is filed as provided in this section.

(2)

The requirements for preparing, circulating and filing a petition and calling an election under this section shall be as provided for an initiative measure under ORS 250.265 (Prospective petition) to 250.346 (Retention of petition materials), except that 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)

Notwithstanding subsection (2) of this section, if ORS 250.255 (Application of ORS 250) 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.

(4)

The question of disincorporation shall be submitted to the electors of the city at an election held on the first Tuesday after the first Monday in November in any year, but shall not be submitted more than once in two consecutive calendar years. [1983 c.350 §27 (enacted in lieu of 221.620, 221.630, 221.640 and 221.660); 1987 c.784 §1]

Notes of Decisions

Passage of Ballot Measure 93 (2016), purporting to disincorporate city of Damascus, did not comply with this section and ORS 221.610, which provide only means for disincorporation, and legislature did not effectively exempt Measure 93 from this section and ORS 221.610 or provide alternative means for disincorporation. De Young v. Brown, 297 Or App 355, 443 P3d 642 (2019)

Source

Last accessed
Mar. 11, 2023

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