Title 222 · ORS Chapter 222

or 222.170, a copy of the statement of consent.

Citation: ORS 222.125

Section: 222.125

222.125 or 222.170, a copy of the statement of consent.

����� (4) A copy of the ordinance issued under ORS 222.120 (4).

����� (5) An abstract of the vote upon the referendum if a referendum petition was filed with respect to the ordinance adopted under ORS 222.120 (4). [1985 c.702 �4; 1987 c.737 �7; 1987 c.818 �10]

Note: See note under 222.173.

����� 222.179 Exempt territory. The amendments to ORS 222.210, 222.230, 222.240 and 222.270 made by chapter 702, Oregon Laws 1985, do not apply in territory subject to the jurisdiction of a local government boundary commission. [1985 c.702 �27]

����� Note: 222.179 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 222 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 222.180 Effective date of annexation. (1) The annexation shall be complete from the date of filing with the Secretary of State of the annexation records as provided in ORS 222.177 and 222.900. Thereafter the annexed territory shall be and remain a part of the city to which it is annexed. The date of such filing shall be the effective date of annexation.

����� (2) For annexation proceedings initiated by a city, the city may specify an effective date that is later than the date specified in subsection (1) of this section. If a later date is specified under this subsection, that effective date shall not be later than 10 years after the date of a proclamation of annexation described in ORS 222.177. [Amended by 1961 c.322 �1; 1967 c.624 �15; 1973 c.501 �2; 1981 c.391 �5; 1985 c.702 �12; 1991 c.637 �9]

����� 222.183 Notice of annexation when effective date delayed for more than one year. (1) If the effective date of an annexation is more than one year after the date of a proclamation of annexation, the city, through its recorder or other city officer or agency performing the duties of recorder under this section, shall send notice to the county clerk of each county within which the city is located. The notice shall be sent not sooner than 120 days and not later than 90 days prior to the effective date of the annexation.

����� (2) The notice described in subsection (1) of this section shall be in addition to any other notice or filing required under ORS 222.010 to 222.750. [1995 c.607 �67]

����� Note: 222.183 was added to and made a part of 222.010 to 222.750 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 222.185 [1971 c.673 �4; repealed by 1975 c.326 �5]

����� 222.190 [Repealed by 1975 c.326 �5]

CONSOLIDATION OF ADJOINING AND NONADJOINING TERRITORIES

(Temporary provisions relating to consolidation of certain industrial lands)

����� Note: Sections 9, 10 and 11, chapter 539, Oregon Laws 2005, provide:

����� Sec. 9. Section 10 of this 2005 Act is added to and made a part of ORS 222.210 to 222.310. [2005 c.539 �9]

����� Sec. 10. (1) A lot, parcel or tract may not be included in territory proposed to be consolidated to create a newly incorporated city or a consolidated city unless the owner of the lot, parcel or tract gives written consent to the incorporation or consolidation, if the lot, parcel or tract:

����� (a) Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;

����� (b) Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;

����� (c) Has an assessed value of more than $2 million, including improvements; and

����� (d) Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.

����� (2) After incorporation or consolidation of a city that includes a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when the city is incorporated or consolidated are retained and run with the lot, parcel or tract.

����� (3) As used in this section, �urban unincorporated community� means an unincorporated community that:

����� (a) Includes at least 150 permanent residential dwelling units;

����� (b) Contains a mixture of land uses, including three or more public, commercial or industrial land uses;

����� (c) Includes areas served by a community sewer system; and

����� (d) Includes areas served by a community water system. [2005 c.539 �10; 2016 c.121 �5]

����� Sec. 11. Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026. [2005 c.539 �11; 2016 c.121 �6]

����� 222.210 Authority to consolidate adjoining and nonadjoining cities or territories; additional method of annexation; limitation. (1) An incorporated city may be created from adjoining or nonadjoining incorporated cities, from an incorporated city and adjoining or nonadjoining unincorporated territory, or from both, after proceedings had as required by ORS 222.210 to 222.310. The legislature expressly declares that those sections do not repeal or amend any other law or laws providing for the incorporation of cities, and that those sections are enacted for the purpose of providing an additional procedure for the incorporation of cities. The unincorporated territory may consist of contiguous or noncontiguous areas.

����� (2) Notwithstanding any other provision of ORS 222.210 to 222.310, no city shall be created under ORS 222.210 to 222.310 that contains any noncontiguous area which is separated from the rest of the territory of the city by a distance that is nowhere less than or equal to three miles. If a petition filed under ORS