do not apply to such proceedings. [1997 c.494 �11]

202.070 do not apply to such proceedings. [1997 c.494 �11]

����� 199.780 Petition for county formation or boundary change; contents; required number of signatures. When it is desired to form a new county out of an unincorporated area or one or more contiguous cities or to change the boundaries of a city-county and an existing contiguous county, a petition praying for the formation of the new county or for the change in the boundaries of the city-county and the contiguous county shall be presented to the governing body of each city-county or county affected by the proposed formation or boundary change. The petition shall describe the territory proposed to be formed into the new county or transferred from the city-county to the contiguous county, together with the name of the proposed new county, if the petitioners seek formation of a new county. The petition shall be signed by a number of qualified electors registered in the territory to be formed into the new county or registered in the territory to be transferred to the contiguous county after the change in boundaries that is equal to 15 percent of the votes cast within such territory for all candidates for Governor at the election at which a Governor was elected next preceding the filing of the petition. [1997 c.494 �12]

����� 199.783 Division of assets when petition is for boundary change; commissioners to adopt plan for division; appointment of commissioners; effect of plan. (1) When the petition provided for in ORS 199.780 is for a change in the boundaries of the city-county and a contiguous county, the governing body of the contiguous county and the governing body of the city-county shall appoint two commissioners each to jointly arrange the terms in respect to assumption of liabilities and division of assets among the contiguous county and the city-county, upon which the change in boundaries shall be made.

����� (2) If, within 30 days after the appointment of the commissioners, they have not agreed upon terms, the Governor, upon request of the contiguous county or the city-county, shall appoint commissioners equal in number to one-half the commissioners already appointed, who shall meet with the commissioners already appointed and draft terms.

����� (3) Within 60 days after terms have been arranged, a majority of the commissioners may report to the respective governing bodies a plan for division.

����� (4) When made within such time, the plan for division shall be reported by the commissioners to the respective governing bodies and the plan shall become a compact between the city-county and the contiguous county, and shall be binding upon both. [1997 c.494 �14]

����� 199.785 Election on county formation or boundary change; election procedure; ballot title. (1) If the governing body finds that the proposed formation or boundary change will not result in any new or remaining county having an area or population less than required by the Constitution of this state, the governing body shall call an election on a date specified in ORS 203.085 for the purpose of submitting to the electors the question of:

����� (a) The formation of the new county; or

����� (b) The change in county and city-county boundaries.

����� (2) The question of formation of the new county shall be submitted only to the electors residing within the territory proposed to be formed into the new county. The question of a change in boundaries shall be submitted to the electors residing within the territory proposed to be transferred from the city-county to a contiguous county and to the electors residing within that contiguous county.

����� (3) Except as provided in ORS 199.787 and 199.790, the election shall be conducted in accordance with ORS chapters 246 to 260.

����� (4) The ballot title for determination of a question submitted under this section shall be prepared as provided in ORS 250.185. [1997 c.494 �13]

����� 199.787 Certification of election results. The county clerk in the contiguous county and the equivalent election officer in the city-county shall certify to the Secretary of State a copy of the summary of votes cast on the question of creating a new county or changing boundaries. Such election officer also shall certify to the Secretary of State the name, territorial contents and boundaries of the new county, or the names, territorial contents and boundaries of the county and city-county affected by the change in boundaries. [1997 c.494 �15]

����� 199.790 Issuance of proclamation by Governor. (1) If an election for the purpose of establishing a new county is held, the Governor shall issue a proclamation declaring a new county created when, of the electors voting at the election, a majority of the electors residing within the limits of the proposed new county voted in favor of the creation of the new county.

����� (2) If an election for the purpose of changing county and city-county boundaries is held, the Governor shall issue a proclamation declaring the change in boundaries when, of the electors voting at the election, a majority of the electors in the area proposed to be transferred to the contiguous county and a majority of the electors in the contiguous county voted in favor of the proposed change in county and city-county boundaries. [1997 c.494 �16]

����� 199.795 Operation and effect of proclamation. (1) If the election was for the purpose of establishing a new county, the unincorporated area thereafter shall be a county for all civil, military and other purposes.

����� (2) If the election was for the purpose of changing boundaries, the boundaries of the contiguous county and the city-county shall be changed to conform to the description furnished to the Secretary of State in the certification provided under ORS 199.787.

����� (3) If the election was for the purpose of changing boundaries, the change shall take effect within 30 days after the Governor issues the proclamation provided for in ORS 199.790, and the territory taken from the city-county and added to the contiguous county by reason of the change in boundaries shall become a part of the contiguous county and for all purposes shall be considered a portion thereof. [1997 c.494 �17]

����� 199.890 [2007 c.243 �1; 2009 c.242 �1; renumbered 98.515 in 2009]

����� 199.891 [2007 c.243 �2; renumbered 98.520 in 2009]

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