ORS 222.120
Procedure for annexation without election

  • hearing
  • ordinance subject to referendum

(1)

Except when expressly required to do so by the city charter, the legislative body of a city is not required to submit a proposal for annexation of territory to the electors of the city for their approval or rejection.

(2)

When the legislative body of the city elects to dispense with submitting the question of the proposed annexation to the electors of the city, the legislative body of the city shall fix a day for a public hearing before the legislative body at which time the electors of the city may appear and be heard on the question of annexation.

(3)

The city legislative body shall cause notice of the hearing to be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period.

(4)

After the hearing, the city legislative body may, by an ordinance containing a legal description of the territory in question:

(a)

Declare that the territory is annexed to the city upon the condition that the majority of the votes cast in the territory is in favor of annexation;

(b)

Declare that the territory is annexed to the city where electors or landowners in the contiguous territory consented in writing to such annexation, as provided in ORS 222.125 (Annexation by consent of all owners of land and majority of electors) or 222.170 (Annexation by consent before public hearing or order for election), prior to the public hearing held under subsection (2) of this section; or

(c)

Declare that the territory is annexed to the city where the Oregon Health Authority, prior to the public hearing held under subsection (1) of this section, has issued a finding that a danger to public health exists because of conditions within the territory as provided by ORS 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915).

(5)

If the territory described in the ordinance issued under subsection (4) of this section is a part less than the entire area of a district named in ORS 222.510 (Annexation of entire district), the ordinance may also declare that the territory is withdrawn from the district on the effective date of the annexation or on any subsequent date specified in the ordinance. However, if the affected district is a district named in ORS 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district), the effective date of the withdrawal of territory shall be determined as provided in ORS 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district).

(6)

The ordinance referred to in subsection (4) of this section is subject to referendum.

(7)

For the purpose of this section, ORS 222.125 (Annexation by consent of all owners of land and majority of electors) and 222.170 (Annexation by consent before public hearing or order for election), “owner” or “landowner” means the legal owner of record or, where there is a recorded land contract which is in force, the purchaser thereunder. If there is a multiple ownership in a parcel of land each consenting owner shall be counted as a fraction to the same extent as the interest of the owner in the land bears in relation to the interest of the other owners and the same fraction shall be applied to the parcel’s land mass and assessed value for purposes of the consent petition. If a corporation owns land in territory proposed to be annexed, the corporation shall be considered the individual owner of that land. [Amended by 1953 c.220 §2; 1955 c.51 §1; 1961 c.511 §1; 1967 c.624 §14; 1971 c.673 §2; 1985 c.702 §8; 1987 c.818 §11; 1993 c.18 §39; 2009 c.595 §180]

Source: Section 222.120 — Procedure for annexation without election; hearing; ordinance subject to referendum, https://www.­oregonlegislature.­gov/bills_laws/ors/ors222.­html.

Attorney General Opinions

Metes and bounds description as required in notice of hearing, (1972) Vol 36, p 89

222.005
Notice to public utilities of annexation 222.010
Report of city boundary changes 222.030
Assessor to furnish statement of assessed valuation of property in territory to be annexed 222.040
Delay of effective date of actions under this chapter because of election 222.045
Written agreement required regarding unfunded PERS liability or surplus when cities split, consolidate or merge 222.050
Certain consolidations and mergers 222.111
Authority and procedure for annexation 222.115
Annexation contracts 222.118
Provision of city services to airport without requiring annexation 222.120
Procedure for annexation without election 222.125
Annexation by consent of all owners of land and majority of electors 222.127
Annexation without election notwithstanding contrary city law upon petition of all owners of land 222.130
Annexation election 222.150
Election results 222.160
Procedure when annexation is submitted to city vote 222.170
Annexation by consent before public hearing or order for election 222.173
Time limit for filing statements of consent 222.175
City to provide information on taxes and services when soliciting statements of consent 222.177
Transmittal of annexation records to Secretary of State 222.179
Exempt territory 222.180
Effective date of annexation 222.183
Notice of annexation when effective date delayed for more than one year 222.210
Authority to consolidate adjoining and nonadjoining cities or territories 222.220
Initiation of proceedings 222.225
Economic feasibility statement required 222.230
Form and contents of petition 222.240
Approval of petition 222.250
Joint convention of governing bodies 222.260
Ordinance calling election 222.265
Conduct of election 222.270
Canvass of votes 222.275
Second election on question of consolidation of certain areas or cities 222.280
Election of officers 222.290
Officers assume duties under charter 222.295
Effect of consolidation 222.300
Ordinances of previously incorporated cities continued in effect 222.310
Construction of ORS 222.210 to 222.310 222.460
Procedures for withdrawal of territory 222.465
Effective date of withdrawal from domestic water supply district, water control district or sanitary district 222.510
Annexation of entire district 222.520
Annexation of less than entire district 222.524
Procedure for withdrawal of part of district from district 222.528
Territory withdrawn from district not liable for certain obligations 222.530
Procedure for division of assets on withdrawal of part of district 222.540
Procedure for division of installations on withdrawal of part of water district 222.550
Withdrawal of greater portion of water district 222.560
Procedure for division of installations on withdrawal of part of sanitary district 222.570
Effect on metropolitan sanitary districts 222.575
Agreements for joint operation by city and district 222.580
Procedure applicable to prior annexations in which no property division was made 222.610
Surrender of city charter and merger into adjoining city 222.620
Submission of merger to electors of city surrendering charter 222.650
Submission of merger to electors of city retaining charter 222.680
Effective date of merger 222.690
Effect of merger on rights, liabilities and jurisdiction of the merged cities 222.700
Effect of merger on pending actions and proceedings 222.710
Return statements filed with county recording officer 222.750
Annexation of unincorporated territory surrounded by city 222.840
Short title 222.850
Definitions for ORS 222.840 to 222.915 222.855
Annexation to remove danger to public health 222.860
Proposal for annexation 222.870
Hearing in affected territory 222.875
Purpose and conduct of hearing 222.880
Oregon Health Authority order or finding 222.883
Stay of proceedings by Oregon Health Authority 222.885
Alternative plan by petition or resolution 222.890
Review of alternative plan 222.896
Judicial review 222.897
Study and plan for alleviation of health danger by city 222.898
Determination if health danger can be alleviated 222.900
City to adopt ordinance 222.905
Proposal or petition for annexation 222.911
Participation of director, officer or employee with interest in affected territory 222.915
Application of ORS 222.840 to 222.915 222.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 222.120’s source at oregon​.gov