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Oregon Revised Statutes

Or. Rev. Stat. § 222.900 (2026)

City to adopt ordinance

✓ current as of May 2026
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      222.900 City to adopt ordinance. (1) Subject to subsection (2) of this section, upon receipt of the certified copy of the finding as provided in ORS 222.880 (2) or (3) and certification of approval of plans under ORS 222.898, the city council shall adopt an ordinance which shall:

      (a) Contain the legal description of the territory annexed;

      (b) Contain the terms of the annexation, if any, made under ORS 222.111;

      (c) Adopt the plans, specifications and time schedule as approved by the Oregon Health Authority or Environmental Quality Commission; and

      (d) Declare the territory annexed to the city in accordance with ORS 222.840 to 222.915.

      (2) An ordinance shall not be enacted as provided in subsection (1) of this section until the expiration of the time for appeal under the provisions of ORS 222.896 and, in the event an appeal is filed, following the determination of that appeal.

      (3) If the authority makes its finding under ORS 222.880 (3), the city shall not annex a greater area than that described in the finding. The recorder, or other officer performing the duties of the recorder, shall transmit a transcript to the Secretary of State, including certified copies of the resolution required in ORS 222.860, the finding of the Director of the Oregon Health Authority, and the ordinance proclaiming annexation of the territory.

      (4) If the city council adopts the ordinance of annexation as provided in subsection (1) of this section, it shall within one year thereafter prepare plans and specifications for the sanitary, water or other facilities proposed to be provided in the annexed area, in compliance with ORS 448.115 to 448.285 or 468B.055 and shall then proceed in accordance with the time schedule to construct or install these facilities. The commission shall use its powers of enforcement under ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755, and ORS chapters 468, 468A and 468B to insure that the facilities are constructed or installed in conformance with the approved plans and schedule. The manner of financing the cost of the facilities shall be determined by the city council. [1967 c.624 §10; 1973 c.637 §11; 1975 c.639 §14; 1983 c.740 §57; 2009 c.595 §190]

Notes of Decisions
Cited in 4 cases, 1979–2020 · leading case: City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020).
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City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020). “State of Oregon are met is different, that does not change the fact that both types of annexations are mandatory, so long as the condi- tions are met. It is also notable that, even though the state health division makes the predicate finding with respect to a health-hazard…”
West Side Sanitary Dist. v. Health Div. of the Dep't of Human Resources, 601 P.2d 858 (Or. Ct. App. 1979). “111 may be annexed by passage of an ordinance as provided in ORS 222.900 without any vote in such territory or any consent by the owners of land therein if it is found, as provided in ORS 222.”
Pieper v. Health Div., 606 P.2d 1145 (Or. 1980). “880), after which it is provided by the statute that the city council "shall adopt an ordinance” to annex the area described in such findings (ORS 222.900), subject to provisions for consideration of alternative plans and plans for "alleviation,” as provided by ORS 222.”
City of Ashland v. Bear Creek Valley Sanitary Auth., 650 P.2d 975 (Or. Ct. App. 1982). “” ORS 222.900(3), which, at the time of the West Side cases, provided in relevant part: “(3) If the division makes its finding under subsection (3) of ORS 222.”
— Or. Rev. Stat. § 222.900(1) — 1 case
City of Corvallis v. State of Oregon, 464 P.3d 1127 (Or. Ct. App. 2020). “State of Oregon are met is different, that does not change the fact that both types of annexations are mandatory, so long as the condi- tions are met. It is also notable that, even though the state health division makes the predicate finding with respect to a health-hazard…”
— Or. Rev. Stat. § 222.900(3) — 1 case
City of Ashland v. Bear Creek Valley Sanitary Auth., 650 P.2d 975 (Or. Ct. App. 1982). “” ORS 222.900(3), which, at the time of the West Side cases, provided in relevant part: “(3) If the division makes its finding under subsection (3) of ORS 222.”
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