(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 or 222.170, 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 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part less than the entire area of a district named in ORS 222.510, the ordinance may also declare that the territory is withdrawn from the district on the effective date of the annexation or on any subsequent date specified in the ordinance.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, the effective date of the withdrawal of territory shall be determined as provided in ORS 222.465.
(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 and 222.170, "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]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 222 - City Boundary Changes; Mergers; Consolidations; Withdrawals
Section 222.005 - Notice to public utilities of annexation; contents; effect.
Section 222.010 - Report of city boundary changes; contents; time for filing; exception.
Section 222.111 - Authority and procedure for annexation; specifying tax rate in annexed territory.
Section 222.115 - Annexation contracts; recording; effect.
Section 222.118 - Provision of city services to airport without requiring annexation.
Section 222.130 - Annexation election; notice; ballot title.
Section 222.173 - Time limit for filing statements of consent; public records.
Section 222.177 - Transmittal of annexation records to Secretary of State.
Section 222.179 - Exempt territory.
Section 222.180 - Effective date of annexation.
Section 222.183 - Notice of annexation when effective date delayed for more than one year.
Section 222.225 - Economic feasibility statement required; contents.
Section 222.230 - Form and contents of petition; filing; meeting of city governing bodies.
Section 222.265 - Conduct of election.
Section 222.275 - Second election on question of consolidation of certain areas or cities.
Section 222.524 - Procedure for withdrawal of part of district from district.
Section 222.528 - Territory withdrawn from district not liable for certain obligations.
Section 222.700 - Effect of merger on pending actions and proceedings; street work proceedings.
Section 222.850 - Definitions for ORS 222.840 to 222.915.
Section 222.860 - Proposal for annexation.
Section 222.870 - Hearing in affected territory; notice.
Section 222.875 - Purpose and conduct of hearing; written findings of fact; rules.
Section 222.885 - Alternative plan by petition or resolution; stay of proceedings.
Section 222.890 - Review of alternative plan.