Or. Rev. Stat. § 199.476

When petition for major boundary change required; when economic feasibility statement required; effect of filing petition; effect of appeal

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199.476 When petition for major boundary change required; when economic feasibility statement required; effect of filing petition; effect of appeal. (1) When a major boundary change is initiated by a legally sufficient petition as provided by the principal Act, if the territory subject to the petition is within the jurisdiction of a boundary commission, the filing agency notwithstanding the principal Act, shall file, within 10 days after the petition is filed, a certified copy of the petition with the boundary commission having jurisdiction of the change. If the petition proposes formation, consolidation or merger of a city or district it shall be accompanied by the economic feasibility analysis and an estimate of the tax rate derived from the feasibility analysis that will be required to provide the services or functions of the proposed city or district. The analysis and estimate of the tax rate shall be prepared in cooperation with the county assessor and the Department of Revenue. The analysis shall include among other items a description of the services or functions to be performed or provided by the new unit and an analysis of their relationship to other existing or needed government services. The analysis shall also include a first year line item operating budget and a projected third year line item operating budget.

(2) The proceeding under the principal Act shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency. Suspension of the proceeding under this section shall not continue for more than 120 days after the date the commission receives the petition.

(3) If a final order is not adopted within the 120 days, the petition shall be considered approved by the commission.

(4) Notwithstanding subsection (3) of this section, if a final order of a commission is appealed for review by the Court of Appeals and a copy of the petition for judicial review is filed with the filing agency within 60 days after the date on which the final order is issued, the suspension period shall be extended and continue until the petition for judicial review is determined and the results thereof certified to the filing agency.

(5) A determination by the board of directors of a county service district that there is a public need for the continued existence of the district shall be reviewed as provided in this section. [Formerly 199.465; 1983 c.336 §13; 1987 c.504 §10; 1987 c.882 §10; 1989 c.92 §21]

Notes of Decisions

Cited in 7 cases, 1985–2010 · leading case: MID-CTY. FUTURE ALT. v. Port. Metro. Area LGBC

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MID-CTY. FUTURE ALT. v. Port. Metro. Area LGBC (1985) orctapp · cites it 15× “ORS 199.476 provides, in relevant part: "(2) The proceeding under [ORS ch 222] shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency.”

Donaldson v. Lane County Local Government Boundary Commission (1988) orctapp · cites it 4× “” ORS 199.476. The “principal Act” for the incorporation of a city is ORS chapter 221.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) orctapp · cites it 15× “ORS 199.476 provides, in relevant part: “(2) The proceeding under [ORS ch 222] shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) or · cites it 6× “ORS 199.476(1) provides: “When a major boundary change is initiated by a legally sufficient petition as provided by the principal Act [in this case, ORS 222.”

Aloha Incorporation Advisory Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) orctapp · cites it 2× “ORS 199.476(2) and (3) provide: “ (2) The proceeding under the principal Act shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency.”

Citizens Against Annexation v. Lane County Local Government Boundary Commission (2010) orctapp “Compare ORS 199.476 - 199.485 (initiation of major boundary change), with ORS 199.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) orctapp “” On the basis of that factual statement, Gresham argues: “If the Oregon Supreme Court agrees with the Oregon Court of Appeals’ interpretation and application of ORS 199.476(3), Gresham requests that the Oregon Supreme Court declare valid all annexations to Gresham and the City…”

— Or. Rev. Stat. § 199.476(1) — 2 cases

Donaldson v. Lane County Local Government Boundary Commission (1988) orctapp “” ORS 199.476. The “principal Act” for the incorporation of a city is ORS chapter 221.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) or “ORS 199.476(1) provides: “When a major boundary change is initiated by a legally sufficient petition as provided by the principal Act [in this case, ORS 222.”

— Or. Rev. Stat. § 199.476(2) — 5 cases

MID-CTY. FUTURE ALT. v. Port. Metro. Area LGBC (1985) orctapp “ORS 199.476 provides, in relevant part: "(2) The proceeding under [ORS ch 222] shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency.”

Donaldson v. Lane County Local Government Boundary Commission (1988) orctapp “” ORS 199.476. The “principal Act” for the incorporation of a city is ORS chapter 221.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) orctapp “ORS 199.476 provides, in relevant part: “(2) The proceeding under [ORS ch 222] shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency.”

Aloha Incorporation Advisory Committee v. Portland Metropolitan Area Local Government Boundary Commission (1985) orctapp “ORS 199.476(2) and (3) provide: “ (2) The proceeding under the principal Act shall be suspended from the date the petition is filed with the filing agency until the date the commission files a certified copy of its final order with the filing agency.”

— Or. Rev. Stat. § 199.476(3) — 5 cases

— Or. Rev. Stat. § 199.476(4) — 2 cases

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