ORS 222.890
Review of alternative plan

(1)

An alternative plan proposed pursuant to ORS 222.885 (Alternative plan by petition or resolution) shall be reviewed by the Oregon Health Authority in cases where danger to public health is caused by impure or inadequate domestic water and in all other cases by the Environmental Quality Commission. The plan shall be approved or rejected by the authority or commission. In reviewing the alternative plan contained in the petition, the authority or commission shall consider whether, in its judgment, the plan contains a preferable alternative for the alleviation or removal of the conditions dangerous to public health.

(2)

Intentionally left blank —Ed.

(a)

With respect to an alternative plan proposed in a petition filed under ORS 222.885 (Alternative plan by petition or resolution) (1), if the authority or commission determines that annexation to the city provides the best and most expeditious method of removing or alleviating the dangerous conditions, the alternative plan shall be rejected and further proceedings on the finding filed under ORS 222.880 (Oregon Health Authority order or finding) shall resume.

(b)

With respect to an alternative plan proposed in a resolution filed under ORS 222.885 (Alternative plan by petition or resolution) (2), if the authority or commission determines that annexation to the city provides the best, most expeditious and most cost-effective method of removing or alleviating the dangerous conditions, the alternative plan shall be rejected and further proceedings on the finding filed under ORS 222.880 (Oregon Health Authority order or finding) shall resume.

(3)

If the authority or commission finds that the alternative plan provides a preferable method of alleviating or removing the dangerous conditions, the petitioners or appropriate governing body shall have six months within which to present to the authority or commission information showing:

(a)

That the territory in which the conditions dangerous to public health exist:

(A)

Has received approval for the extension of a city’s or district’s sewer or water lines within the territory or has annexed to a district authorized by law to provide facilities necessary to remove or alleviate the dangerous conditions, and that financing of the facilities for extension of such facilities to the territory has been assured; or

(B)

Has taken substantial steps to implement the alternative plan.

(b)

Detailed plans and specifications for the construction of any proposed facilities.

(c)

A time schedule for the construction of any proposed facilities.

(d)

That proposed facilities, if constructed, will remove or alleviate the conditions dangerous to public health in a manner as satisfactory and expeditious as would be accomplished by the proposed annexation to the city.

(4)

Intentionally left blank —Ed.

(a)

The authority or commission shall review the final plan proposed by the petitioners, city or district and shall promptly certify whether the requirements of subsection (3) of this section have been met.

(b)

If the requirements have been met, the authority shall certify the alternative plan. Further annexation proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) shall be suspended and the city shall be so notified.

(c)

If the requirements of subsection (3) of this section have not been met or whenever the authority or commission determines that the requirements of the certified plan are not being satisfied, further proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) shall resume. [1967 c.624 §8a (3), (4), (5); 1973 c.637 §9; 1975 c.639 §8; 1983 c.407 §10; 2009 c.595 §188; 2015 c.281 §2]

Source: Section 222.890 — Review of alternative plan, 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

§ 222.890’s source at oregon​.gov