(2) If the director finds that a danger to public health exists because of conditions within the affected territory, the director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, with the Environmental Quality Commission.
(3) If the director determines that a danger to public health exists because of conditions within only part of the affected territory, the director may, upon petition and hearing, reduce the boundaries of the affected territory to that part of the territory that presents a danger if the area to be excluded would not be surrounded by the affected territory remaining to be annexed and would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing within the affected territory remaining to be annexed. The findings shall describe the boundaries of the affected territory as reduced by the director. The director shall file a certified copy of findings with the city and, except where the condition causing the danger to public health is impure or inadequate domestic water, the commission.
(4) In determining whether to exclude any area the director may consider whether or not such exclusion would unduly interfere with the removal or alleviation of the danger to public health in the affected territory remaining to be annexed and whether the exclusion would result in an illogical boundary for the extension of services normally provided by an incorporated city.
(5) The city shall, when requested, aid in the determinations made under subsections (3) and (4) of this section and, if necessary, cause a study to be made.
(6) Notwithstanding ORS 222.111 (3), the director, in implementing an order under ORS 222.840 to 222.915, may allow the use of the tax differential authorized by ORS 222.111 (3) for a period not exceeding 15 years with the consent of the affected city. [1967 c.624 §8; 1973 c.637 §7; 1975 c.639 §6; 1983 c.407 §8; 1989 c.780 §1; 2009 c.595 §185]
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.