Or. Rev. Stat. § 199.505

Effective date of minor boundary changes; objections; election

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199.505 Effective date of minor boundary changes; objections; election. (1) If the boundary commission by its final order approves a minor boundary change other than a transfer of territory, the change shall take effect at the time specified in the final order. Except for annexation proceedings initiated by a city or district, the effective date shall not be less than 45 days, nor more than one year, after the date the commission adopts the final order approving the change. For annexation proceedings initiated by a city or district, the effective date shall not be earlier than 45 days, nor more than 10 years, after the date the commission adopts the final order approving the change. If no effective date is specified in the final order, the order shall take effect 45 days after the commission adopts the final order approving the change. However, the change shall not take effect unless it is also approved by the electors if within 45 days after the date of the adoption of the order:

(a) Written objections to the change signed by not less than 10 percent or 100, whichever number is the lesser, of the electors in the affected territory are filed with the commission; or

(b) A resolution objecting to the change adopted by the city council of the affected city or district board of the affected district is filed with the commission.

(2) If objections as required by this section are filed by a city council or district board, the council or board shall call and hold an election in the affected city or district on the boundary change as approved. If objections are filed by the electors, the commission shall certify the fact of the objections to:

(a) The city council or district board of the affected city or district, if the change involves a withdrawal of territory, whereupon the council or board shall call an election in the city or district.

(b) The county board of the county where the territory is located, if the change involves an annexation, whereupon the board shall call an election in the territory. Where a minor boundary change has been initiated pursuant to ORS 199.490 (1)(a), cost of an election required by this paragraph shall be paid by the city or district to which the territory is proposed to be annexed.

(3) An election required by subsection (2) of this section shall be held on the next appropriate election date authorized under ORS 203.085, 221.230 or 255.345. A city council or a board that calls an election under this section shall certify the results of the election to the commission. If a majority of those voting on the proposition in each election approve the change approved by the commission, the commission thereupon shall proclaim the results of the election. Upon the adoption of the proclamation the change shall take effect. [1969 c.494 §17; 1971 c.288 §1; 1971 c.462 §16; 1975 c.157 §2; 1975 c.361 §4; 1981 c.265 §10; 1983 c.336 §17; 1989 c.176 §2; 1991 c.637 §8; 1997 c.541 §349]

Notes of Decisions

Cited in 9 cases, 1972–1999 · leading case: Mid-County Future Alternatives Committee v. City of Portland

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Mid-County Future Alternatives Committee v. City of Portland (1990) or · cites it 2× “The order shall not be subject to ORS 199.505.” ORS 199.505 provides for an election approving the annexation by the residents of the area to be annexed if objections to the annexation are filed by a certain number of affected voters.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1987) orctapp · cites it 4× “ORS 199.505. If there is a health hazard or if the territory to be annexed is surrounded by a city, different *198 procedures may be invoked that require neither the consent of landowners nor an election.”

RIVER ROAD WATER DISTRICT v. City of Eugene (1972) orctapp · cites it 2× “① *295 A district can hold a “remonstrance election” in the manner provided by ORS 199.505 only if it is an “affected district.”

Donaldson v. Lane County Local Government Boundary Commission (1988) orctapp “2 They provide, respectively: “(5) Immediately after the effective date of a final order entered under subsection (4) of this section and a proclamation declaring a minor boundary change approved if any is entered under ORS 199.505(3), the commission shall file a copy of the…”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1987) orctapp · cites it 2× “It is that statute which provides that a “triple majority” annexation is not subject to an election, even if the requisite number of objections are filed, ORS 199.505, although other annexations, except those under ORS 222.”

Peterson v. Portland Metropolitan Area Local Government Boundary Commission (1975) orctapp · cites it 4× “495(1): “If the proposed annexation is approved by the commission, the final order shall be effective on the date the order is adopted and shall not be subject to ORS 199.505.” ③ Excerpt from letter April 24, 1961 from League of Oregon Cities to House Committee on Local…”

City of Oregon City v. Clackamas County (1989) orctapp “On March 28, 1989, a special annexation election was held, pursuant to ORS 199.505(2) and (3), and the residents of Phase II voted not to annex into Oregon City.”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1991) orctapp · cites it 2× “490(2)(a)(B), which allows a city to adopt a resolution of annexation, without an election pursuant to ORS 199.505, after obtaining the written consent *652 of a majority of the electors and of the owners of more than half of the land in the affected territory.”

Hunter v. Portland Metropolitan Area Local Boundary Commission (1999) orctapp “ORS 199.505(1) provides that the commission’s annexation order obtains legal effect within 45 days after adoption, unless either written *512 objections are received by a specified number of electors in the affected territory or the city council adopts a resolution objecting to…”

— Or. Rev. Stat. § 199.505(1) — 4 cases

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1987) orctapp “ORS 199.505. If there is a health hazard or if the territory to be annexed is surrounded by a city, different *198 procedures may be invoked that require neither the consent of landowners nor an election.”

Peterson v. Portland Metropolitan Area Local Government Boundary Commission (1975) orctapp “495(1): “If the proposed annexation is approved by the commission, the final order shall be effective on the date the order is adopted and shall not be subject to ORS 199.505.” ③ Excerpt from letter April 24, 1961 from League of Oregon Cities to House Committee on Local…”

Mid-County Future Alternatives Committee v. Portland Metropolitan Area Local Government Boundary Commission (1991) orctapp “490(2)(a)(B), which allows a city to adopt a resolution of annexation, without an election pursuant to ORS 199.505, after obtaining the written consent *652 of a majority of the electors and of the owners of more than half of the land in the affected territory.”

— Or. Rev. Stat. § 199.505(2) — 1 case

— Or. Rev. Stat. § 199.505(3) — 1 case

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