(2)(a) With respect to an alternative plan proposed in a petition filed under ORS 222.885 (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 shall resume.
(b) With respect to an alternative plan proposed in a resolution filed under ORS 222.885 (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 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)(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 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 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]
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.