shall be the date of filing of the abstract referred to in ORS 222.180.

222.180 shall be the date of filing of the abstract referred to in ORS 222.180. [1981 c.391 �3; 1983 c.514 �1b; 1985 c.130 �5; 1985 c.808 �71; 1989 c.923 �25; 1995 c.712 �92]

����� 222.045 Written agreement required regarding unfunded PERS liability or surplus when cities split, consolidate or merge. If a city splits into two or more cities, or two or more cities consolidate or merge, the cities affected by the split, consolidation or merger, including cities created by the split, consolidation or merger, must enter into a written agreement that addresses any unfunded Public Employees Retirement System liabilities or surpluses and deliver a copy of the agreement to the Public Employees Retirement Board as required by ORS 238.235. [2003 c.802 �164; 2005 c.808 �23]

����� Note: 222.045 was added to and made a part of ORS chapter 222 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 222.050 Certain consolidations and mergers; additional question concerning taxes authorized; requirements for approval. (1) This section applies if a consolidation or merger proposes to consolidate or merge two or more cities and at least one of the cities has not previously imposed ad valorem property taxes.

����� (2) The question of the consolidation or merger that is submitted to the electors of the city that has not previously imposed ad valorem property taxes may also propose a permanent rate limit on operating taxes as described in section 11 (3)(c), Article XI of the Oregon Constitution.

����� (3) The permanent rate limit proposed under subsection (2) of this section shall be taken into account in determining the permanent rate limit for the city following consolidation or merger as provided in section 11 (3)(d), Article XI of the Oregon Constitution.

����� (4) The question of the consolidation or merger that is submitted to the electors of the city that has not previously approved operating taxes shall be considered approved by such electors if a majority of the votes cast are in favor of the consolidation or merger and:

����� (a) At least 50 percent of registered voters eligible to vote in the election cast a ballot; or

����� (b) The election is held in May or November of any year.

����� (5) ORS 250.036 applies to a ballot title for an election described in this section.

����� (6) Notwithstanding that a majority of all electors voting on the question of consolidation or merger approve the consolidation or merger, the consolidation or merger shall not be considered approved if the voting participation requirements in subsection (4) of this section have not been met in the city to which this section applies.

����� (7) If the city to which this section applies approves the consolidation or merger but the consolidation or merger is not approved by the other electors voting on the question or for some other reason does not occur, no permanent rate limit for operating taxes shall be established for the city as a result of the election. [1997 c.541 �358d; 2010 c.29 �13]

����� Note: 222.050 was added to and made a part of ORS chapter 222 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

ANNEXATION OF CONTIGUOUS TERRITORY

(Temporary provisions relating to annexation of certain industrial lands)

����� Note: Sections 3 and 10, chapter 737, Oregon Laws 1987, provide:

����� Sec. 3. (1) Notwithstanding any other provision of law, when property:

����� (a) Is property on which no electors reside;

����� (b) Is zoned for industrial uses;

����� (c) Has sewer and water lines paid for and installed by the property owner; and

����� (d) Has an assessed valuation, including improvements, of more than $7 million

that property can only be annexed by or to a city after the city receives a petition requesting annexation from the owner of the property.

����� (2) Property described in subsection (1) of this section shall not be included with other territory as part of an annexation, or annexed under ORS 222.750, unless the owner of the property consents to the annexation in the form of a petition for annexation.

����� (3) This section applies to property that, on September 27, 1987, was within the jurisdiction of a local government boundary commission. [1987 c.737 �3; 1997 c.516 �14]

����� Sec. 10. Section 3, chapter 737, Oregon Laws 1987, is repealed on June 30, 2035. [1987 c.737 �10; 1989 c.226 �1; 1997 c.226 �1; 2005 c.844 �8]

����� Note: Sections 7, 8 and 11, chapter 539, Oregon Laws 2005, provide:

����� Sec. 7. Section 8 of this 2005 Act is added to and made a part of ORS 222.111 to 222.180. [2005 c.539 �7]

����� Sec. 8. (1) A lot, parcel or tract may not be included in territory proposed to be annexed unless the owner of the lot, parcel or tract gives written consent to the annexation, 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 annexation of 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 it is annexed 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 �8; 2016 c.121 �4]

����� 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]

����� Note: Sections 5, 6, 7, 9 (2) and 11, chapter 844, Oregon Laws 2005, provide:

����� Sec. 5. (1) Notwithstanding any provision of ORS 195.205 to 195.225, 199.410 to 199.534, 222.111 to 222.180, 222.750 and