City Boundary Changes

ORS 222.885
Alternative plan by petition or resolution

  • stay of proceedings

(1)

(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)

(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]

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)

§§ 222.850 to 222.915

Notes of Decisions

These provisions authorizing the state Health Division to order annexation to a city or territory within which there exist conditions dangerous to the public health do not constitute an unlawful delegation of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sections apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency actions under these sections do not involve decisions concerning land use, ORS 197.180, requiring adherence to state-wide planning goals in planning and other actions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), aff'd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexation, (1980) Vol 41, p 195

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexations to be made in quasi-judicial proceedings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied

Source

Last accessed
Jun. 26, 2021

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