Title 199 · ORS Chapter 199

199.457] �� 199.540 [1969 c.494 �24; 1971 c.462 �13; renumbered 199.487] CITY-COUNTY CONSOLIDATION (Generally) �� 199.705 Definitions for ORS 199.705 to 199.795. In ORS 199.705 t

Citation: ORS 199.457

Section: 199.457

199.457]

�� 199.540 [1969 c.494 �24; 1971 c.462 �13; renumbered 199.487]

CITY-COUNTY CONSOLIDATION

(Generally)

�� 199.705 Definitions for ORS 199.705 to 199.795. In ORS 199.705 to 199.795:

�� (1) �City-county� means a city incorporated under ORS 199.705 to 199.795 and having both city and county functions.

�� (2) �City in the county� means a city having more than 50 percent of its population in the county.

�� (3) �Most populous city� means a city of not less than 300,000 population.

�� (4) �Unincorporated area� means the area of unincorporated territory within the county that is outside the urban growth boundary adopted under ORS 268.390. [1971 c.731 �2; 1997 c.494 �1]

�� 199.710 Short title. ORS 199.705 to 199.795 may be referred to as the City-County Act of 1971. [1971 c.731 �1]

�� 199.715 City-county consolidation authorized. By proceeding under ORS 199.705 to 199.795, a county and the most populous city in the county may consolidate to form a city-county, and one or more of the other cities in the county and the unincorporated area may join in the consolidation. [1971 c.731 �3; 1997 c.494 �2]

�� 199.720 Initiation of consolidation proceedings by resolution or petition. (1) Consolidation proceedings may be initiated by resolution of the governing body of the county or of the most populous city in the county. Within five days after adoption of the resolution a true copy thereof shall be filed with the governing body, other than the adopting governing body, of each city that has any territory within the county and of each county in which such a city has territory.

�� (2) The proceedings may also be initiated by electors of the county and of the most populous city in the county who reside within or outside of the county, filing with the county clerk of the county a petition signed by a number of such electors equal to six percent of the total number of votes cast in the county for all gubernatorial candidates at the last preceding election at which a Governor was elected for a four-year term.

�� (3) The form of the petition shall be:

______________________________________________________________________________

CITY-COUNTY CONSOLIDATION

�� We, the undersigned electors, hereby initiate proceedings for consolidating _____ County, the City of _____, and whatever other cities in the County desire to join in the consolidation. We request that a charter commission be appointed, a charter be prepared, and an election on the consolidation be held, all under the City-County Act of 1971.

�� Names�� Addresses

___________� ___________

(Here follow 20 lines for signatures)

______________________________________________________________________________

�� (4) Before the petition is circulated for signatures, a true copy of it shall be filed with the county clerk. No signature on the petition shall be counted unless subscribed thereon and filed with the county clerk within 180 days after the original filing.

�� (5) Within 15 days after receiving signatures to the petition the county clerk shall verify the signatures. As soon as the county clerk has verified the signatures and whether the number required for the petition have signed, the county clerk shall certify that fact on the petition and file the petition. Within five days after the certification the county clerk shall forward a true copy of the text of the petition and of the certification to the governing body of each city that has any territory within the county and of each county in which such a city has territory.

�� (6) The date of initiation of the proceedings shall be the date the initiating resolution is adopted or the date that the county clerk certifies that the initiating petition bears the required number of verified signatures. [1971 c.731 �4]

(Commission)

�� 199.725 Charter commission; appointment; term; first meeting; chairperson; appropriation for expenses. (1) Within 30 days after the proceedings are initiated, a charter commission comprised of persons each of whom is an elector of the county or the most populous city shall be appointed as follows:

�� (a) Two members jointly by a majority of a convention of the state Senators elected from the county or any part thereof, one of whom shall be a resident of the unincorporated area of the county.

�� (b) Three members jointly by a majority of a convention of the state Representatives elected from the county or any part thereof, one of whom shall be a resident of the unincorporated area of the county.

�� (c) Three members by the governing body of the county.

�� (d) Three members by the governing body of the most populous city in the county.

�� (e) One member by the governing body of the second most populous city in the county.

�� (f) One member jointly by a majority of a convention of the mayors of the cities in the county other than the cities described in paragraphs (d) and (e) of this subsection.

�� (2) Any of the appointments not made as provided by subsection (1) of this section shall be made by the Governor within 45 days after the proceedings are initiated.

�� (3) Each appointment made under this section shall be certified immediately by the appointing authority to the mayor of the most populous city.

�� (4) Members of the charter commission shall serve without pay.

�� (5) The terms of office of members of the commission shall continue until the charter that the commission prepares is submitted to the electors under ORS 199.730 and 199.735. A position on the commission shall become vacant, however, for any cause specified by ORS 236.010 and may be declared vacant by the commission because of nonattendance at commission meetings. Within 30 days after such a vacancy occurs or is declared, it shall be filled in the manner prescribed by the provisions of subsections (1) and (2) of this section that are applicable to the position vacated.

�� (6) Within five days after receiving certification of the final appointment to the commission, the mayor of the most populous city shall fix the time and place and give the commission members at least 10 days� notice of the first meeting of the commission. The mayor shall convene the commission and serve as its temporary chairperson. At the first meeting the commission shall designate a permanent chairperson and organize in whatever other manner it considers advisable.

�� (7) The governing body of the county proposed to be consolidated shall appropriate for the expenses of the commission:

�� (a) Not less than $25,000; and

�� (b) An additional amount of not more than $100,000, as requisitioned by a majority of the following officials: The chairperson of the commission, the chairperson of the county governing body and the mayor of the most populous city in the county.

�� (8) The county and any city in the county may appropriate money to assist the charter commission with its work. [1971 c.731 �5; 1973 c.745 �1; 1997 c.494 �3]

�� 199.730 Functions of charter commission; rules. The charter commission:

�� (1) Shall adopt rules to govern its proceedings.

�� (2) May acquire property, avail itself of quarters, enter into contracts necessary for its work, and receive and expend gifts, grants and appropriations.

�� (3) May employ administrative, clerical and technical assistance necessary for its work, and may request and secure information and assistance from the county and other units of local government located in the county and officers and employees thereof including the district attorney and the city attorneys and their staffs.

�� (4) Within one year after its first meeting shall prepare and publish a preliminary draft of a charter for the city-county.

�� (5) After publication of the preliminary draft shall hold public hearings thereon.

�� (6) Within two years after the first meeting of the commission shall prepare a final draft of the charter.

�� (7) After a majority of the members of the commission has approved the final draft, shall call and fix a date for an election under ORS 199.735. [1971 c.731 �6]

(Consolidation)

�� 199.735 Election on consolidation; on merger. (1) The commission shall call an election on a date specified in ORS 221.230.

�� (2) At the election the following questions shall be submitted:

�� (a) To the electors of the county and to the electors of the most populous city, the question of whether the charter shall be adopted as the charter of a city-county.

�� (b) To the electors of each less populous city in the county, the question of whether that city shall merge into the city-county.

�� (c) To the electors of the unincorporated area, the question of whether the unincorporated area shall merge into the city-county.

�� (3) If an elector is eligible to vote in both the county and the most populous city, the question submitted under subsection (2)(a) of this section shall appear only on the county ballot for that elector, but it shall be tallied both as a vote of an elector of the county and as an elector of the most populous city in the county.

�� (4) The commission shall file the call and the charter with the county clerk, who shall give notice of, conduct and publicize the results of the election under the general laws of the state governing elections. The county shall bear the expense of the election. [1971 c.731 �7; 1973 c.745 �2; 1979 c.190 �402; 1983 c.83 �12; 1983 c.350 �9; 1997 c.494 �4]

�� 199.740 Effect of election. (1) The charter shall be approved and the consolidation shall take place if, and only if, the question receives at the election affirmative votes by a majority of those electors of the county voting on the question and also by a majority of those electors of the most populous city in the county voting on the question.

�� (2) In case the question is approved as provided by subsection (1) of this section:

�� (a) Any less populous city in the county shall be merged with and become a part of the city-county unless a majority of the electors of the city voting on the question submitted under ORS 199.735 (2) votes against the question.

�� (b) The unincorporated area in the county shall be merged with and become a part of the city-county unless a majority of the electors in the unincorporated area voting on the question submitted under ORS 199.735 (2) votes against the question.

�� (3) A majority vote for the question in a city approving it shall have the effect of approving the surrender of the charter of the city as required in section 2a (1), Article XI of the Oregon Constitution. The majority vote in the county approving the question shall have the effect of approving the surrender of the charter, if any, of the county. The surrender in both cases shall take effect when the city-county comes into existence. [1971 c.731 �8; 1973 c.745 �3; 1983 c.83 �13; 1997 c.494 �5]

�� 199.742 Charter requirements if consolidation is rejected in unincorporated area. When a majority of the electors in the unincorporated area voting on the question submitted under ORS 199.735 (2) votes against the question, the charter of the city-county shall provide that:

�� (1) Special districts within the unincorporated area shall not be extinguished.

�� (2) The rate of taxation for ad valorem property taxes and business income taxes shall initially be set at the rates in effect on the date on which the charter for the city-county is approved.

�� (3) Fees, including but not limited to business license fees and utility bill fees, shall initially be set at the rate or amount in effect on the date on which the charter for the city-county is approved.

�� (4) Except for taxes or fees dedicated to correctional facilities, libraries or animal control, any rate increase for fees or taxes that exceeds the rate of population growth in the unincorporated area shall not take effect in the unincorporated area unless the electors in the unincorporated area approve the tax or fee increase.

�� (5) The unincorporated area shall receive rural service levels for basic city-county services. As used in this subsection, �basic city-county services� includes police, fire, sewer, water and code enforcement services provided by the city-county. [1997 c.494 �10]

�� 199.743 Financial affairs of city-county if charter becomes effective during fiscal year. (1) Notwithstanding ORS 294.305 to 294.565 and 310.010 to 310.110, if the charter for a city-county is approved under ORS 199.740 (1) and the effective date of such charter is other than the date of the beginning of the fiscal year immediately following the fiscal year in progress on the effective date of such charter, during the remainder of the fiscal year in progress on the effective date of such charter the city-county shall expend moneys and levy taxes in accordance with the budgets prepared and adopted by each of the municipal corporations consolidated, merged or dissolved in the formation of the city-county pursuant to such charter, as if such charter had not taken effect. For the purposes of this section, the city-county shall be considered to be a continuation of each municipal corporation consolidated, merged or dissolved in the formation of the city-county.

�� (2) As used in subsection (1) of this section:

�� (a) �Fiscal year� has the meaning given that term in ORS 294.311.

�� (b) �Municipal corporation� has the meaning given that term in ORS 294.311. [1973 c.745 �9; 1997 c.308 �32; 2017 c.26 �6]

�� 199.745 First governing body of city-county. (1) The first members of the governing body of the city-county shall be nominated and elected in the manner and at the times prescribed by the city-county charter.

�� (2) The county clerk shall arrange for, give notice of and conduct the election. The county shall bear the expense of the election.

�� (3) The charter shall prescribe the date on which the city-county comes into existence and shall include necessary transitional provisions. The charter may provide that it will become effective for specified purposes immediately upon the proclamation of the results of the election on the adoption of the charter. [1971 c.731 �9; 1973 c.745 �3a]

�� 199.750 Status of city-county. (1) The city-county shall be a city within the meaning of state law, except ORS