ORS 222.885
Alternative plan by petition or resolution

  • stay of proceedings

(1)

Intentionally left blank —Ed.

(a)

Within 60 days after the Director of the Oregon Health Authority finds, pursuant to ORS 222.880 (Oregon Health Authority order or finding), that conditions dangerous to public health exist, not less than 51 percent of the electors registered in the affected territory may file a petition with the Oregon Health Authority proposing an alternative plan to annexation to the city for removal or alleviation of the conditions dangerous to public health.

(b)

The petition shall state the intent of the residents to seek:

(A)

Annexation to an existing district authorized by law to provide facilities within the affected territory necessary to remove or alleviate the dangerous conditions;

(B)

With the approval of the city or district, extraterritorial extension of a city’s or district’s sewer or water lines; or

(C)

Approval of a plan other than annexation or extraterritorial extension.

(c)

The petition must be accompanied by a proposed plan stating any facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct the facilities and place them in operation.

(2)

Intentionally left blank —Ed.

(a)

Within 30 days after the director finds, pursuant to ORS 222.880 (Oregon Health Authority order or finding), that conditions dangerous to public health exist, the city council or the governing body of any district having jurisdiction over the affected territory may file with the authority a validly adopted resolution proposing an alternative plan to annexation to the city for removal or alleviation of the conditions dangerous to public health.

(b)

The resolution must be accompanied by a proposed plan stating any facilities to be constructed, a proposed means of financing the facilities and an estimate of the time required to construct the facilities and place them in operation.

(3)

Upon receipt of a petition or resolution under this section, the authority shall:

(a)

Immediately forward copies of the petition or resolution to the city or district referred to in the petition or resolution, and, except where the condition causing the danger to public health is impure or inadequate domestic water, to the Environmental Quality Commission.

(b)

Order further proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) stayed, pending the review permitted under ORS 222.890 (Review of alternative plan) and this section. [1967 c.624 §8a (1), (2); 1973 c.637 §8; 1975 c.639 §7; 1983 c.83 §26; 1983 c.407 §9; 2009 c.595 §187; 2015 c.281 §1]

Source: Section 222.885 — Alternative plan by petition or resolution; stay of proceedings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors222.­html.

Notes of Decisions

Only those voters registered to vote and resident in area to be annexed may be considered in determining whether alternative plan petition meets 51% requirement of this section. State ex rel Rodriquez v. Gebbie, 289 Or 399, 614 P2d 1144 (1980)

Environmental Quality Commission, in certifying its approval of city’s plans for alleviating or removing conditions causing danger to public health in territory had no duty to consider alternative plan unless Health Division of Department of Human Resources submitted alternative plan to appropriate agency for review. West Side Sanitary Dist. v. Health Div., 289 Or 417, 614 P2d 1151 (1980)

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

§ 222.885’s source at oregon​.gov