ORS 222.460
Procedures for withdrawal of territory

  • contents of resolution
  • hearing
  • election
  • taxes and assessments

(1)

Except as expressly prohibited by the city charter, when the legislative body of a city determines that the public interest will be furthered by a withdrawal or detachment of territory from the city, the legislative body of the city, on its own motion, may order the withdrawal of territory as provided in this section.

(2)

A withdrawal of territory from the city shall be initiated by a resolution of the legislative body of the city.

(3)

The resolution shall:

(a)

Name the city and declare that it is the intent of the legislative body of the city to change the boundaries of the city by means of a withdrawal of territory;

(b)

Describe the boundaries of the affected territory; and

(c)

Have attached a county assessor’s cadastral map showing the location of the affected territory.

(4)

Not later than 30 days after adoption of the resolution, the legislative body of the city shall hold a public hearing at which the residents of the city may appear and be heard on the question of the withdrawal of territory. The legislative body of the city shall cause notice of the hearing to be given in the manner required under ORS 222.120 (Procedure for annexation without election) (3).

(5)

After receiving testimony at the public hearing, the legislative body of the city may alter the boundaries described in the resolution to either include or exclude territory. If the legislative body of the city still favors the withdrawal of territory pursuant to the resolution, as approved or modified, it shall enter an order so declaring. The order shall set forth the boundaries of the area to be withdrawn. The order shall also fix a place, and a time not less than 20 nor more than 50 days after the date of the order, for a final hearing on the resolution. The order shall declare that if written requests for an election are not filed as provided by subsection (6) of this section, the legislative body of the city, at the time of the final hearing, will adopt a resolution or ordinance detaching the territory from the city.

(6)

An election shall not be held on the question of withdrawal of the affected territory from the city unless written requests for an election are filed at or before the hearing by not less than 15 percent of the electors or 100 electors, whichever is the lesser number, registered in the territory proposed to be withdrawn from the city.

(7)

At the time and place set for the final hearing upon the resolution for withdrawal, if the required number of written requests for an election on the proposed withdrawal have not been filed, the legislative body of the city shall, by resolution or ordinance, declare that the territory is detached from the city.

(8)

If the required number of requests for an election are filed on or before the final hearing, the legislative body of the city shall call an election in the city upon the question of the withdrawal of the affected territory.

(9)

If an election is called and a majority of the votes cast at the election is in favor of the withdrawal of the designated area from the city, the legislative body of the city shall, by resolution or ordinance, declare that the territory is detached from the city. If the majority of the votes cast is against the withdrawal, the legislative body of the city shall enter an order declaring the results of the election and that no withdrawal shall occur.

(10)

The described area withdrawn shall, from the date of entry of the order, be free from assessments and taxes levied thereafter by the city. However, the withdrawn area shall remain subject to any bonded or other indebtedness existing at the time of the order. The proportionate share shall be based on the assessed valuation, according to the assessment roll in the year of the levy, of all the property contained in the city immediately prior to the withdrawal. [1985 c.702 §2; 1989 c.1063 §13]
Note: 222.460 (Procedures for withdrawal of territory) and 222.465 (Effective date of withdrawal from domestic water supply district, water control district or sanitary district) were added to and made a part of ORS chapter 222 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 222.460 — Procedures for withdrawal of territory; contents of resolution; hearing; election; taxes and assessments, https://www.­oregonlegislature.­gov/bills_laws/ors/ors222.­html.

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

§ 222.460’s source at oregon​.gov