HomeMy WebLinkAboutAnnexations Procedural Info
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ANNEXATION FILES
FILED IN CABINET DRAWER LABELED "ANNEXATIONS" IN VAULT
17582
Parent Annexation
01/18/73
2205 Highway 66
11C-2700, 2701
Ord 1770
17796
V alentine/N ash Annexation
07/20/73
Highway 66
11D-800,901
5.96 (235,712 sq. ft.)
Ord 1784
(Not Available - Incomplete Information in File)
Corrallo-Sapienza Annexation
12/28/73
16.84
(Not Available)
Meister Annexation
2/05/74
Tolman Creek Rd.
289,140 sq. ft.
Ord 1805 & 1843
(Not Available)
Oredson Annexation
08121/74
Mountain Ranch Subdivision (Ranch Road/GreenMeadows Way)
23-1400
5.77
Ord 1827
(Not Available)
Goddard Annexation
02/15/77
Red Baron Motel
14A-2800, 2900, 3000
3.333
Ord 1911
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77-0185
Oak Knoll Area Annexation
07/05/77
Golf Course (Greensprings Hwy/I-5-Crowson Rd.)
Parcel I: 83 Parcel 2:
Ord 1930
77-0221
Ashland Hills Annexation # I
08/16/77
Ashland Hills Inn
-400. 700
8.43
Ord 1936
79-0013
Ashland Hills Annexation #2
10/03/78
Higway 66
Ord 1989
79-0018
Ashland Hills Annexation #3
11/21/78
East Main SI. & Highway 66
300, 500, 600
Ord 1992
(INCOMPLETE DOCUMENTATION IN FILE)
Lclich Annexation
05/07/79
Near 1-5
2.427
Ord 2018
79-0174
L.R. George Annexation
08/21/79
Crestview Dr. (near Dover Ave. & Hillview Dr.)
Ord 2040
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80-0090
B. D. Greene Annexation
05/06/80
Ashland Mine Rd.lCedar Way
7.96
Ord 2078
81-0009
YMCA Annexation
12/16/80
Tolman Creek Rd.
6.561
Ord 2109
81-0159
Airport Annexation
11/03/81
Highway 66 & East Main St. near Sumner Parker Field
73.54
Ord 2157, corrected by 2180
82-0024
YMCA Annexation
01/05/82
Tolman Creek Rd.
4.021
Ord 2166
82-0072
Walker Annexation
04/20/82
Walker Ave. North of SPRR
IOD-1800
5.2
Ord 2190
83-0024
Rist/Peterson Annexation
03/16/83
Tolman Creek Rd.
Ord 2238 & 2243
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84-0007
Krebs Annexation
01/03/84
Park St.
2.339
Ord 2283
84-0013
Greenway Annexation
01/17/84
Nevada & Oak St. (Near Quiet Village/Old Helman Ranch subdivisions)
48.32
Ord 2286
84-0019
Shapiro Annexation
02/21/84
Tolman Creek Rd.
6.474
Ord 2293
83-0083 & 84-0096
Industrial Park Annexation
05/03/83
1-5/Souther Pacific Railroad/Clover Ln.-Washington St.
Ord 2254 & 2247
1985-0035
Croman Annexation
03/05/85
Mistletoe Rd.
14D-8oo & 1000
Ord 2340 & 2343
1985-0035
Slusser Annexation
03/05/85
Hillview/Dover Ave/Crestview Dr./Bristo1 St. (Kensington Subdiv.)
Various
Ord 2343
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AN #: 1985-0126
TITLE: Fordyce St. Annexation
DATE: 10/17/85
LOCATION: Fordyce St.
MAP-LOT: IOBD- Various
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ORD/RES #: Ord 2367
AN #: 1986-0116
TITLE: Benson Annexation
DATE: 10121/86
LOCATION: Crowson Rd.
MAP-LOT: 14D-IOO,l01,201
ACRES: 16.71
ORD/RES #: Ord 2403
AN #: 1987-0107
TITLE: CBM Annexation
DATE: 11103/87
LOCATION: Tolman Cr. Rd.
MAP-LOT: llC-1200
ACRES: 2.586
ORD/RES #: Ord 2428
AN #: 1988-0001
TITLE: Reeder Annexation
DATE: 12/01187
LOCATION: Peachey Rd.
MAP-LOT: 15D-1200
ACREAGE: 2.49
ORD/RES #: Ord 2433
AN #: 1988-0020
TITLE: Albertson Annexation
DATE: 02/16/88
LOCATION: Clay St.
MAP-LOT: llC-3100
ACRES: 9.6543
ORD/RES #: Ord 2443
AN #: 1988-0075
TITLE: Olson Annexation
DATE: 08/16/88
LOCATION: Green Springs Hwy.
MAP-LOT: 13BB-300
ACRES: 5.458
ORD/RES #: Ord 2465
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1988-0087
Smith Annexation
11/01188
Ashland Mine Rd.
05 BB-1000
1. 630
Ord 2485
1989-030
Amigos Annexation
10118/88
Siskiyou Blvd.
14D-2400, 2401
3.307
Ord 2477
1989-0062
McFadden Annexation
05103/89
Siskiyou Blvd.
14CD-400
0.59
Ord 2502
1989-0069
Craman Annexation
06106/89
Siskiyou Blvd.
14D-1900
1.07
Ord 2510
1989-0074
Sanchez-Bonin Annexation
07/20/89
Tolman Creek Rd.
llC-llOO
0.4365
Ord 2516 & 2518
1990-0023
Adroit Construction Annexation
02/06/90
Industrial Park area/Washington St.
1.027
Ord 2556
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INCOMPLETE
Tolman Creek Annexation
05/15/90
Highway 66
2.38
Ord 2576
1990-0046
Paradise Lane (Paulsen) Annexation
04/24/90
Peachey Rd.lParadise Ln.
16
Ord 2572
1990-0056
City of Ashland Annexation (aka Airport Annexation #2)
02/06/90
N . E. of Airport
26.19
Ord 2559
1991-0043
Crowson Rd (Smith) Annexation
03/06/91
209 Crowson Rd.
2.555
Ord 2615
1991-0055
Secure Storage (Don Walker) Annexation
03/05/91
East Main St./Highway 66
5.922
Ord 2619
1991-0138
Crowson Rd (Warren) Annexation II
09/17/91
Crowson Rd.
Reso 2642
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1992-0108
King Annexation
08/06/92
2895 Highway 66
5.502
Reso 92 -44
1993-0052
Cahill Annexation
03/03/93
375 Tolman Creek Rd.
0.91 (39,823 sq. ft.)
Ord 2702
1993-0058
Brodeur Annexation
04/06/93
2359 Highway 66
0.28 (12,471 sq. ft.)
Ord 2708/Reso 93-11
1996-0 I 00
Neumann Annexation
07/31/96
N. Mountain Ave, Munson Dr.
7.96
Ord 2782/Reso 96-22
1996-01 01
ACCESS Annexation
08/01/96
Tolman Creek Rd./East Main St.
12.21
Reso 96-34
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BOUNDARY CHANGES; MERGERS & CONSOLIDATIONS
222.050
to 199.519. [Amended by 1969 c.494 S26; 1971 c.462
S18; 1985 c.702 S6]
222.020 [Repealed by 1950 c.475 s121
222.030 Assessor to furnish statement
of assessed valuation of territory to be
annexed. When a change of the boundaries
of a city through the annexation of territory
is proposed pursuant to ORS 199.410 to
199.519, or 222.111 to 222.180 or city charter,
the assessor of the county or counties
wherein the territory to be annexed is lo-
cated, shall furnish upon official request
within 20 days, a statement showing for the
current fiscal year the assessed valuation of
the taxable property in the territory to be
annexed. [1957 c.236 Sl; 1969 c.494 s271
222.040 Delay of effective date of ac-
tions under this chapter because of
election; effective date of certain annex-
ations and transfers of territOry. (1) Not-
withstanding any provision of this chapter
that provides a different effective date. an
annexation. transfer of territory, consol-
idation or merger under this chapter. or any
removal by a city by ordinance of a newly
annexed area from a special district, shall
not become effective during the period:
(a) Beginning after the 90th day before a
biennial primary election or general election
and ending on the day after the election; or
(b) Beginning after the deadline for filing
the notice of election before any other
election held by any city, district or other
municipal corporation involved in the annex-
ation, transfer of territory, consolidation.
merger or removal. and ending on the day
after the election.
(2) if the effective date established for an
annexation, transfer of territory. consol-
idation, merger or removal is a date that is
prohibited under this section, the annexation,
transfer of territory. consolidation, merger
or removal shall become effective on the day
after the election.
(3) For the purposes of ORS 308.225 only,
the effective date of an annexation under
ORS 222.180 shall be the date of filing of the
abstract referred to in ORS 222.180. [1981 c.391
s3; 1983 c.514 sib; 1985 c.130 s5; 1985 c.808 s71; 1989 c.923
s25; 1995 c.712 s92]
222.050 Certain consolidations and
mergers; additional question concerning
taxes authorized; requirements for ap-
proval. (1) This section applies if a consol-
idation 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
GENERAL PROVISIONS
222.llO5 Notice to public utilities of
annexation; contents of notice; effect. (1)
When territory is approved for annexation to
a city by city council action under ORS
chapter 199 or this chapter, the recorder of
the city or other city officer or agency per-
forming the duties of recorder under this
section, not later than 10 working days after
passage of a resolution or ordinance approv-
ing the proposed annexation, shall provide by
certified mail to all public utilities, electric
cooperatives and telecommunications utili-
ties 0 eratin within the cit each si
eBB 0 e annexe as recor e on county
assessment an ax rolls. a legal description
and map of the proposed boundary change
and a copy of the city council's resolution or
ordinance approving the proposed annex-
ation.
(2) Additional or increased fees or taxes,
other than ad valorem taxes, imposed on
public utilities, electric cooperatives and
telecommunications utilities as a result of an
annexation of territory to a city shall become
effective on the effective date of the annex-
ation if notice of the annexation is given to
public utilities, electric cooperatives and
telecommunications utilities by certified mail
not later than 10 working days after the ef-
fective date of the annexation. However, if
notification of the effective date of the an-
nexation is provided to the public utilities,
electric cooperatives and telecommunications
utilities later than the 10th working day af-
ter the effective date of the annexation, the
additional or increased fees or taxes become
effective on the date of notification.
(3) As used in this section:
(a) "Effective date of annexation" is the
effective date described in ORS chapter 199
or this chapter, whichever is applicable.
(b) "Public utility" has the meaning
given that term in ORB 757.005. [1981 c.238 s2;
1985 c.702 s5; 1987 c.447 s116; 1989 c.785 sl; 1991 c.136
sl)
222.010 Report of city boundary
changes mandatory; contents of report;
time for filing; exception. (1) Every city,
through its recorder or other city officer or
agency designated to perform the duties of
the recorder under this section, shall report
to the county clerk and county assessor of
the county within which the city is located
all changes in the boundaries or limits of the
city. The report shall contain a detailed legal
description of the new boundaries established
by the city. The report shall be filed by the
city within 10 days from the effective date
of the change of any boundary lines.
(2) This section does not apply to a minor
boundary change ordered under ORS 199.410
(1997 Edition)
Page 31
Title 21
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us West communications-premis Group
Room 409
450 llOth Avenue NE
Bellevue, WA 98004
Attention District Manager
pacific power & Light Company
P.O. Box ll48
Medford, Or 9750l
Rogue Valley Transit District
3200 Carter Lake Avenue
Medford, OR 9750l
~~99
Medford, Or 9750l
WP tlat1.1r<ll ('.as- ~\\~
Attn: Manager Y'-
P.O. Box l709
Medford, Or 9750l
Ashland sanitary service Inc.
l70 Oak street
Ashland, OR 97520
city of Ashland
Department of public Works & Maintenance
Ashland, OR 97520
city of Ashland
Department of Finance
Attn: utilities
Ashland, OR 97520
city of Ashland
Electric Department
Ashland, OR 97520
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name-
address-
address2-
city-
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Neumann Annexation, North
Mountain Avenue and Munson Drive).
Enclosed are the following documents:
1. A copy of Ordinance No. ordinance no.-, annexing the
area and withdrawing annexed real property from Jackson
County Fire District No.5.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
cordially,
Barbara christensen
city Recorder/Treasurer
!tNlJtxA-nIJAJ {jsr~ 8
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Department of Revenue, P,
Assessments & Appraisal Divison
Revenue Building, Room 256
Salem, OR 97310
Jackson County Assessor
Jackson County Courthouse
Medford, Or 97501
Jackson County Clerk
Jackson County Courthouse
Medford, OR 97501
Jackson County Elections Department
Jackson county Courthouse
Medford, Or 97501
Jackson county Communications Center, SORC
Jackson County Courthouse
Medford, Or 97501
Jackson County Sheriff
100 S. Oakdale
Medford, OR 97501
Jackson County Public Works
200 Antelope Road
White city, OR 97503
WP Natural Gas
Attn: Manager
PO Box 1709
Medford, OR 97501
Federal Emergency Management Agency
Region X
Federal Regional Center
Bothell, WA 98021-9796
US West communications-premis Group
450 110th Avenue NE
Room 409
Bellevue, WA 98004
Oregon Liquor Control Commission
15 Crater Lake Ave
Medford, Or 97504
Pacific Power & Light
Attn: District Manager
PO Box 1148
Medford, OR 95701
Department of Revenue,
Assessments & Appraisal Divison
Revenue Building, Room 256
Salem, OR 97310
Jackson County Assessor
Jackson County Courthouse
Medford, Or 97501
Jackson County Clerk
Jackson County Courthouse
Medford, OR 97501
Jackson County Elections Department
Jackson County Courthouse
Medford, Or 97501
Jackson County Communications Center, SORC
Jackson County Courthouse
Medford, Or 97501
Jackson County Sheriff
100 S. Oakdale
Medford, OR 97501
Jackson County Public Works
200 Antelope Road
White City, OR 97503
WP Natural Gas
Attn: Manager
PO Box 1709
Medford, OR 97501
Federal Emergency Management Agency
Region X
Federal Regional Center
Bothell, WA 98021-9796
US West Communications-premis Group
450 110th Avenue NE
Room 409
Bellevue, WA 98004
Oregon Liquor Control Commission
15 Crater Lake Ave
Medford, Or 97504
Pacific Power & Light
Attn: District Manager
PO Box 1148
Medford, OR 95701
Rogue Valley Transit District
3200 Crater Lake Avenue
Medford, OR 95704
Ashland sanitary Service, Inc
170 Oak Street
Ashland, OR 97520
TCI Cablevision
PO Box 399
Medford, OR 97501
Ashland School District 5
885 Siskiyou Blvd
Ashland, OR 97520
Talent Irrigation District
104 Valley View Road
Talent, OR 97535
Jackson county Fire District #5
Attn: Dan Marshall
716 S. pacific Hwy
Talent, OR 97540
city of Ashland
Parks & Recreational Department
Ashland, OR 97520
city of Ashland
Planning Department
Ashland, OR 97520
city of Ashland
Building Department
Ashland, OR 97520
city of Ashland
Finance Department
Ashland, OR 97520
city of Ashland
Engineering Department
Ashland, OR 97520
city of Ashland
Department of public Works
Ashland, Or 97520
city of Ashland
Municipal Court
Ashland, OR 97520
city of Ashland
police Department
Ashland, OR 97520
city of Ashland
Electric Department
Ashland, OR 97520
city of Ashland
Fire Department
Ashland, OR 97520
name-
address-
address2-
city-
The city of Ashland has approved annexation of certain contiguous
territory to the city of Ashland (Neumann Annexation, North
Mountain Avenue and Munson Drive) effective per secretary of
state on
Enclosed are the following documents:
1. A copy of Ordinance No. ordinance no.-, annexing the
area and withdrawing annexed real property from Jackson
County Fire District No.5.
2. A legal description and map.
I trust that this will comply with the filing requirements of
state Law.
Cordially,
Barbara christensen
city Recorder/Treasurer
222.524
CITIES
\
i
222.120 or at any time after such incorpo-
ration or annexation in the manner set forth
in ORB 222.524. Until so withdrawn, the part
of such a district incorporated or annexed
into a city shall continue to be a part of the
district.
(2) The part thus withdrawn shall not
thereby be relieved from liabilities and in-
debtedness previously contracted by the dis-
trict. For the purposes of paying such
liabilities and indebtedness of the district,
property in the part withdrawn shall con-
tinue to be subject to assessment and taxa-
tion uniformly with property in the area
remaining in the district. The city of which
it became a part shall, however, assume such
obligations if the obligations assumed do not
bring the total of the city's obligations above
any applicable limitations prescribed by stat-
ute. When the city assumes such obligations
it shall be liable to the district for one of the
following, at the option of the city:
(a) The amount of taxes which otherwise
would be extended each year therefor against
the property in the part withdrawn; or
(b) Payment annually, as the bonds of the
district that were outstanding on the effec-
tive date of the withdrawal mature, of the
same proportion of such outstanding bonds,
and the interest thereon, as the assessed
valuation of the part withdrawn bears to the
assessed valuation of the entire district on
the effective date of the withdrawal. After
the city agrees to make such payments under
this subsection, neither the city nor the part
withdrawn shall be charged by the district
with any future liabilities, obligations or
functions of the district. [Amended by 1955 c.471
~2: 1957 c.401 ~1; 1963 c.347 ~2; 1965 c.509 ~2; 1967 c.624
~17; 1965 c.702 ~13)
222.524 Procedure for withdrawal of
part of district from district. (1) If as au-
thorized by ORB 222.520 the governing body
of the city elects to cause the withdrawal
from a district named in ORS 222.510 of that
part of such district theretofore incorporated
in or annexed to the city, it shall hold a
public hearing on the question of such with-
drawal. At the hearing, the governing body
of the city shall hear objections to the with-
drawal and shall determine whether such
withdrawal is for the best interest of the
city.
(2) The governing body shall fix a date,
time and place for the hearing and cause
notice of the date, time, place and purpose
of the hearing to be published once each
week for two successive weeks prior to the
date of the hearing in a newspaper of general
circulation in the city, and shall cause no-
tices of the hearing to be posted in four
public places in the city for a like period.
(3) After the hearing, the governing body
of the city may by ordinance declare that the
part of the district which was theretofore
incorporated as or annexed to the city is
withdrawn from the district.
(4) The ordinance referred to in sub-
section (3) of this section is subject to refer-
endum.
(5) The city may withdraw from all of
such districts at the same time in one pro-
ceeding under this section or may withdraw
from each district in separate proceedings at
different times.
(6) The public hearing and ordinance re-
ferred to in this section may be the same as
the public hearing and ordinance in ORS
222.120. [1957 c.401 ~3; 1963 c.347 ~3; 1965 c.509 ~3; 1985
c.702 ~14]
222.528 Territory withdrawn from dis-
trict not liable for certain obligations.
The liabilities and indebtedness for which a
part of a district named in ORS 222.510 re-
mains liable, upon withdrawal by annexation
or incorporation as provided in ORB 222.120
or 222.520, shall not include:
(1) Current operating expenses of the
district beyond the fiscal year in which the
withdrawal is effective.
(2) Special tax levies, bond indebtedness
or debt service obligations approved in the
district subsequent to the withdrawal.
(3) Any amount which is due beyond the
fiscal year in which the withdrawal is effec-
tive by reason of a contract for services be-
tween the district and another district or
municipality where the amount due varies in
each fiscal year according to the assessed
valuation of the district. [1957 c.573 ~2; 1963 c.347
~; 1965 c.509 ~; 1985 c.702 115J
222.530 Procedure for division of as-
sets on withdrawal of part of district;
arbitration and award. (1) Within 90 days
from the date of such withdrawal of part of
a rural fire protection district, a highway
lighting district, a special road district or a
park and recreation district, the governing
bodies of the city and the district shall agree
upon an equitable division and disposal of
the assets of the district. The plan of division
of assets shall be arrived at after giving
consideration to the assessed valuation of the
whole district and the part of it withdrawn,
the types of assets, and their location and
intended use. However, the plan for division
of assets of a rural fire protection district
may in no case divide the assets so that the
remaining part of the district would have a
less favorable fire insurance grade classifica-
tion, according to filings made pursuant to
ORS 737.205, than that which the district
had at the time of the withdrawal.
I..i..!...
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Title 21
Page 42
(1997 Edition)
Statutory Steps for Annexation
1. ORS 222.111(5) The council shall submit the proposal for annexation to the
electors of the territory proposed for annexation except when not required
under:
1.1. ORS 222.120 (when expressly required to do so by the city
charter) ;
1.2. ORS 222.170 (if more than half of the owners of land in the
territory, who also own more than half of the land in the contiguous territory
and of real property therein representing more than half of the assessed value
of all real property in the contiguous territory consent in writing); or
1.3. ORS 222.840 to 222.915 (health hazard abatement law)
2. ORS 222.111(5) The council shall submit the proposal for annexation to the
city election except when not required under
2.l.
2.2.
ORS 222.120 (when expressly required to do so by the city charter)
ORS 222.840 to 222.915 (health hazard abatement law)
3. ORS 222.120(1) Except when expressly required to do so by the city charter,
the legislative body of a city is not required to submit a proposal for
annexation of territory to the electors of the city for their approval or
rejection.
4. ORS 222.120(6) The proposal for annexation may be voted upon by the
electors of the city and of the territory simultaneously or at different times
not more than 12 months apart.
5. ORS 222.120(2) If council elects to dispense with an election, it shall
hold a public hearing at which time the electors of the city may appear and be
heard on the question of annexation.
5.1. ORS 222.120(3) Notice of the hearing is to be published once each
week for two successive weeks prior to the day of hearing and posted in four
public places in the city for a like period.
6. ORS 222.120(4) After the hearing, the council may by ordinance:
6.1. Declare that the territory is annexed to the city upon the
condition that the majority of the votes cast in the territory is in favor of
annexation;
6.2. Declare that the territory is annexed to the city where electors
or landowners in the contiguous territory consented in writing to such
annexation, as provided in ORS 222.125 or 222.170, prior to the public hearing
held under subsection (2) of this section; or
6.3. Declare that the territory is annexed to the city where the Healtr
Division, prior to the public hearing held under subsection (1) of this
section, has issued a finding that a danger to public health exists because of
conditions within the territory as provided by ORS 222.840 to 222.915.
BOUNDARY CHANGES; MERGERS & CONSOLIDATIONS
222.180
,
,
communications utility or railroad or is ex-
empt from ad valorem taxation shall not be
considered when determining the number of
owners, the area of land or the assessed val-
uation required to grant consent to annex-
ation under this section unless the owner of
such property files a statement consenting to
or opposing annexation with the legislative
body of the city on or before a day described
in subsection (1) of this section. [Amended by
1955 c.51 ~2; 1961 c.511 ~2; 1971 c.673 ~1; 1973 c.434 ~1;
1963 c.350 ~36; 1985 c.702 ~11; 1987 c.447 ~117; 1987 c.737
~l
222.173 Time limit for filing state-
ments of consent; public records. (1) For
the purpose of authorizing an annexation
under ORS 222.170 or under a proceeding in-
itiated as provided by ORS 199.490 (2), only
statements of consent to annexation which
are filed within any one.year period shall be
effective, unless a separate written agree-
ment waiving the one-year period or pre-
scribing some other period of time has been
entered into between an owner of land or an
elector and the city.
(2) Statements of consent to annexation
filed with the legislative body of the city by
electors and owners of land under ORS
222.170 are public records under ORS 192.410
to 192.505. [1985 c.702 ~20; 1987 c.737 ~5; 1987 c.818
~8J
Note: 222.173 to 222.177 were added to and made a
part of ORB chapter 222 by legislative action but were
not added to any smaller series therein. See Preface to
Oregon Revised Statutes for further explanation.
222.175 City to provide information
when soliciting statements of consent. If
a city solicits statements of consent under
ORS 222.170 from electors and owners of
land in order to facilitate annexation of un-
incorporated territory to the city, the city
shall, upon request, provide to those electors
and owners information on that city's ad
valorem tax levied for its current fiscal year
expressed as the rate per thousand dollars of
assessed valuation, a description of services
the city generally provides its residents and
owners of property within the city and such
other information as the city considers rele-
vant to the impact of annexation on land
within the unincorporated territory within
which statements of consent are being solic-
ited. [1985 c.702 ~21; 1987 c.737 ~6; 1987 c.818 ~9J
Note: See note under 222.173.
222.177 Filing of annexation records
with Secretary of State. When a city leg-
islative body proclaims an annexation under
ORS 222.125, 222.150, 222.160 or 222.170, the
recorder of the city or any other city officer
or agency designated by the city legislative
body to perform the duties of the recorder
under this section shall transmit to the Sec-
retary of State;
(1) A copy of the resolution or ordinance
proclaiming the annexation.
(2) An abstract of the vote within the
city, if votes were cast in the city, and an
abstract of the vote within the annexed ter-
ritory, if votes were cast in the territory. The
abstract of the vote for each election shall
show the whole number of electors voting on
the annexation, the number of votes cast for
annexation and the number of votes cast
against annexation.
(3) If electors or landowners in the terri-
tory annexed consented to the annexation
under ORS 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 ref-
erendum if a referendum petition was filed
with respect to the ordinance adopted under
ORS 222.120 (4). [1985 c.702 ~; 1987 c.737 ~7; 1987
c.818 ~lO]
Note: See note under 222.173.
222.179 Exempt territory. The amend-
ments 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 Legisla-
tive Assembly but was not added to or made a part of
ORB chapter 222 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther 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 annex-
ation.
(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 effec-
tive date shall not be later than 10 years af-
ter 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]
Note: Section 354a, chapter 541, Oregon Laws 1997,
provides:
Sec. 354a. Notwithstanding ORS 222.180, the effec-
tive date of an annexation shall be July I, 1995, if:
(1) The annexing city has a population of 5,000 or
less;
. ,_. (2}.Annexation records were filed with the Secre~
tary of State pursuant to ORS 222.177 and 222.900 after
March 31, 1995, and before July 1, 1995;
I
?,
Title 21
Page 35
(1997 Edition)
ANNEXATION PROCEDURES CHECK LIST:
LOCATION
PLANNING ACTION #
RESOLUTION #
ORDINANCE #
DATE COMPLETED
NOTE:
Check with Finance on any proposed annexations during
the period of May 20 through June 30. May effect tax
benefits.
Refer to ORS 222.040 - Delay of effective date of
actions under this chapter because of election.
ORS 308.225 _ Description and map showing changes or
proposed changes MUST be filed, or postmarked, with
Department of Revenue no later than March 31. to be on
the tax rolls for the next fiscal year.
1. Final description and survey map received
from Public Works. (Send copy along with
request of resolution to city Attorney, keep
all other copies for filing)
RESOLUTION
No.
2 .
Planning Department will coordinate date for
annexation with Recorder. city Attorney will
prepare resolution setting the date for a
hearing. This resolution will direct
Recorder to publish & post notices:
a) publish notice once each week for two
consecutive weeks prior to date of
hearing in newspaper of general
circulation.
b) Post notices in four (4) public places
for period of first publication through
date of hearing.
At the time of the public hearing, council
will consider ordinance proclaiming
annexation OR authorizing annexation
agreement.
ORDINANCE
No.
3.
When adopted do the following:
a) Mayor & Recorder sign the ordinance. If
it is an authorization for an annexation
agreement. file two certified copies in
folder. No further action is taken on
annexation agreements until annexation
is proclaimed.
DO THE FOLLOWING FOR PROCL~TION OF
ANNEXATION'
b) Obtain copy of map. Map should include
address of property annexed, which
should be obtained from county records.
If there is no address, notate on map.
lORS 222.005)
c) Request original consents to annex from
planning.
3. Within ten (10) daYS of "passaae" of
ordinance by council (ORS 222.005),
provide copies of signed ordinance,
including map, by certified mail to all
public utilities.
4. AS soon as possible, transmit to
Secretary of state with letter:
(ORS 222.177)
a) certified copy of resolution
setting the public hearing.
b) certified copy of ordinance
proclaiming the annexation.
c) certified copy lies) of consents to
annex.
ANNEXATION PROCEDURE:
1 .
Application for annexation of land to Planning
Commission. Planning Action.
2 .
Applicant files a non-revocable consent to annex which
the Planning Department notarizes and sends to the
County for recording. (Original is given to City
Recorder for filing)
3.
Applicant signs an agreement to pay the annexation fee
required by AMC 4.16.020.
4.
Applicant signs an agreement to deposit an amount
sufficient to retire any outstanding indebtedness
Public Service Districts defined in ORS 222.510.
4.14.020)
of
(AMC
5 .
Recommendation of Planning Action to City Council for
Public Hearing.
6 .
Approval/Denied of application by Council.
7 .
Findings, Conclusions, and Decisions adopted by
Council.
8 .
Denied: No further Action.
9 .
Approved: Survey Plat and Description of property to
be completed by applicant and submitted to Public
Works.
10.
Ordinance placed on agenda with attached final Survey
Plat and Description of property for Council approval.
11.
After 2nd reading and approval of Ordinance annexation
is effective after 30 days.
12.
City Recorder shall report to the County Clerk and
County Assessor of the county changes in the boundaries
of the city. The report shall contain a detailed legal
description of the new boundaries established by the
city. The report shall be filed by the city within 10
days from the effective date of the change of any
boundary lines.
13.
City Recorder shall transmit to the Secretary of State
a copy of the ordinance proclaiming the annexation.
Jackson County Clerk
Courthouse
Medford, OR 97501
The City of Ashland has approved annexation of certain contiguouS
territory to the city of Ashland (
Annexation) .
Enclosed are the following documents:
1. A copy of Resolution No. ' annexing the area.
A legal description and map are also included.
2. A copy of ordinance No. ' withdrawing annexed real
property from Jackson County Fire District No.5.
3. A copy of the Agreement to Annex and Release of Claims.
I trust that this will comply with the filing requirements of
State Law.
cordially,
Barbara ChristenSen
City Recorder/Treasurer
Enclosures (3)
State of Oregon )
County of Jackson )
I ' duly caused to have posted
four (4) copies of Notice of withdrawal of Certain Real property
from Jackson County Fire District No. 5 to the City of Ashland
attached exhibit "A"; Tolman Creek Road and East Main in four (4)
public and conspicuous placed in the City of Ashland, Oregon on
the 23rd day of July 1996. and that the same will be kept posted
in said places until after the 8th day of August 1996. that the
following are the public places within said city where said
Notice of Annexation Hearings were so posted and kept posted as
aforesaid:
1. City Hall
2. Jackson County Library - Ashland Branch (Reference
Desk)
3. Western Bank - Ashland Branch
4. U. S. National Bank
That said postings were done as aforesaid by direction of the
city Recorder.
signature
This instrument was acknowledged before me on
by
Notary Public for Oregon
My commission expires:
posted by:
Dated:
POST:
July 23 THROUGH August 8. 1996
CERTIFICATE OF CITY RECORDER
State of Oregon
County of Jackson
City of Ashland
ss.
I, BARBARA CHRISTENSEN, City Recorder of the City of
Ashland, Oregon, hereby certify that I am the official custodian
of all documents and records of the said City and that I have
prepared and attached copies of the following documents:
1. Resolution No. , annexing a contiguous area to
the City of Ashland, Oregon, and providing for an
effective date. (Tolman Creek Road and East Main
annexation)
2. Legal description and map.
The above items are copies of originals filed in my office
and they are correct, true and complete transcripts.
Dated the
day of
, 1996.
Barbara Christensen, City Recorder/Treasurer
Subscribed and sworn to before me this
day of
, 1996.
Notary Public for Oregon
My Commission expires:
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ANNEXATION PROCEDURES CHECK LIST
(PROCEDUR.ANX - 8/10/95)
LOCATION
PLANNING #
RESOLUTION #
ORDI NANCE #
DATE COMPLETED
NOTE: DO NOT have any annexations filed with Secretary of
State's Office during the period May 20 through June 30. If
any annexations are effective during this time, we will not be
able to receive tax benefits. Be sure to check with Finance
on any proposed annexations received for this time period.
(Per Finance 6/91)
ALSO, refer to ORS 222.040 - Delay of effective date of
actions under this chapter because of election; effective date
of certain annexations and transfers of territory.
Annexations shall not become effective during the period: (A)
Beginning after the 90th day before a primary or general
election (even years) will be effective day after the
election; or (b) Beginning after the deadline for filing
notice of election before any other election held by any city,
district...will be effective day after the election.
ORS 308.225 - Description and map showing changes or proposed
changes MUST be filed, or postmarked, with Department of
Revenue no later than March 31, to be on the tax rolls for the
next fiscal year.
1.
Planning Department will coordinate date for
annexation with Recorder. They will prepare agenda
item commentary for a resolution setting the date
for a hearing. This resolution will direct
Recorder to publish & post notices as follows. The
notice will be prepared by Legal. (Medford Code
10.157 & ORS 222.120(3).
Reso. #
A.
Publish notice once each week
consecutive weeks prior to date of
newspaper of general circulation.
for two
hearing in
NOTE: Notice may need to be delivered or
faxed to Mail Tribune prior to resolution
being approved by council. Check MT's
deadline and when notice must be published.
Annexation Procedures Check List
Page 2
B. Post notices in four (4) public places for
period of first publication through date of
hearing. Request Police Department to post -
(ANEXAFI4.POS & ANEXPOST.NOT & ANXPDMEM.POS)
2 .
At the time of the public hearing, council will
consider ordinance proclaiming annexation OR
authorizing annexation agreement. Again, agenda
item commentary will be prepared by Planning.
Ord. #
Date
When adopted, do the following:
A.
Have Mayor & Recorder sign the ordinance.
If it is an authorization for an annexation
agreement, file two certified copies in
folder. No further action is taken on
annexation agreements until annexation is
proclaimed.
Date
Do the following for proclamation of annexation:
B.
Request copy of map from Planning. Map should
include address of property annexed, which
should be obtained from county records. If
there is no address, notate on map. (ORS
222.005)
Date
C.
Request original consents to annex from
Planning.
Date
3.
Within ten lID) davs of "oassage" of ordinance bv
council (ORS 222.005), provide copies of signed
ordinance, including map above, by certified mail
to all 1;lublic utili ties. Refer to list "A."
Date
4.
As soon as possible, transmit to Secretary of State
with letter: (ORS 222.177)
Date
(a) Certified copy of resolution setting the
public hearing.
(b) Certified copy of ordinance proclaiming the
annexation.
(c) Certified copy(ies) of consents to annex.
NOTE: At this time, print "B" list, determine number of copies
required, order from Print Shop to be ready when SOS advises date.
State of Oregon
County of Jackson
O. R. Shipley, being first sworn, depose and say: That I am, and during all times
herein mentioned, have been Chief of Police of the City of Medford, Oregon.
That I duly caused to have posted four (4) copies of Notice of Annexation Hearing
on the questions of annexing to the City of Medford 90 acres of property located on the
north side of Rossanley Drive 500 feet west of North Ross Lane including the
Rossanley Drive right of way adjacent to the subject site in four (4) public and
conspicuous places in the City of Medford, Oregon, on the 28th day of April 1996, and
that the same will be kept posted in said places until after the 16th day of May, 1996,
that the following are the public places within said city where said Notice of Annexation
Hearings were so posted and kept posted as aforesaid:
1. City Hall
2. Jackson County Courthouse
3. Jackson County Library - Medford Branch (Reference Desk)
4. Justice Building
That said postings were done as aforesaid by direction of the City Recorder.
Chief of Police
This instrument was acknowledged before me on
by
(stamp)
Notary Public for Oregon
My commission expires:
Posted by:
Dated:
POST: APRIL 28 THROUGH MAY 16,1996
(Anexafi4.pos) A-91-8
November 9, 1995
Phil Keisling
Secretary of State
State of Oregon
136 Salem Capitol
Salem, Oregon 97310-0722
Attention: Official Public Documents
Enclosed for filing are certified copies of the City of Medford Ordinance 7985, Resolution
7966 and map. Since this is an enclave, there are no Consents to Annexation.
Please notify this office when these documents have been accepted and filed in your
office.
Very truly yours,
Kathleen Ishiara
City Recorder
Enclosures
LIST "A" FOR ANNEXATION
Wi thin ten (10) days of passage of ordinance proclaiming
annexation, provide copies of the signed ordinance with a map,
which indicates the name of property owner and address of location,
by certified mail with return receipt reauested (effective 9/29/91,
HB 2250, Chapter 249) . "Domestic Return Receipts" & "Receipt for
Certified Mail" are in supply cabinet, under window, left.
PUBLIC UTILITIES
1. Attention Chuck Root
Bear Creek Valley Sanitary Authority
3915 S. Pacific Highway
Medford, OR 97501
2. Medford Water Commission
411 W. 8th Street
Medford, OR 97501
3. US West Communications - Premis Group
Room 409
450 110th Avenue NE
Bellevue, WA 98004
4. Attention District Manager
Pacific Power & Light Company
P. O. Box 1148
Medford, OR 97501
5. Rogue Disposal Service
135 W. Main Street
Medford, OR 97501
6. Rogue Valley Transit District
3200 Crater Lake Avenue
Medford, OR 97504
7. TCl
P. O. Box 399
Medford, OR 97501
8. WP Natural Gas
Attn: Manager
POBox 1709
Medford, OR 97501
LlSTA.ANX (Revised 08/03/95)
Annexation Procedures Check List
Page 3
Date
Date
Date
5.
Secretary of State will respond by indicating that
the ordinance has been "filed" (effective date).
ORS 222.180 reads: "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 filina shall
be the effective date of annexation."
6.
Within ten (10) davs from the "effective date" of
the change of boundary lines, the Recorder shall
report to the county clerk and county assessor of
the change.
When the "effective date" is known, enter it on the
green annexation slips. Have slips signed by
Recorder. Attach one slip to each copy of
ordinance that was ordered under item Send by
regular mail to those on List "B". (ORS 222.010)
NOTE: Notices MUST be sent to all affected
property owners, districts.
7 .
Update city boundary map. Record annexation in
Annexation - Index folder.
FOR INFORMATION: ORS 222.040 - Delay of effective date of actions
under this chapter because of election; effective date of certain
annexations and transfers of territory.
Date
8.
Department of Revenue will send "Notice to Taxing
District" which is to be filed in folder.
In the event Dept. of Revenue informs of an error in
legal description, refer to Planning Department.
List B for Annexation
1. All affected property owners.
2. Department of Revenue, Assessment & Appraisal Division,
Revenue Building, Room 256, Salem, OR 97310
3. Jackson County Assessor, Jackson County Courthuse
Medford, OR 97501
4. Jackson County Clerk, Jackson County Courthouse,
Medford, OR 97501
5. Jackson County Elections Department, Jackson County Courthouse
Medford, OR 97501
6. Jackson County Communications Center, SORC, Jackson County
Courthouse, Medford, OR 97501
7. Jackson County Sheriff, 100 S. Oakdale, Medford, OR 97501
8. Jackson County Public Works, 200 Antelope Road, White City,
OR 97503
9. Bear Creek Valley Sanitary Authority, Attn: Jim May,
3915 South Pacific Hwy, Medford, OR 97501
10. WP Natural Gas, Attn: Manager, PO Box 1709,
Medford, OR 97501
11. Federal Emergency Management Agency, Region X,
Regional Center, Bothell, WA 98021-9796
Federal
12. Medford Ambulance Service, 914 West Main, Medford, OR 97501
13. Medford Post Office, 333 W. 8th Street, Medford, OR 97501
14. Oregon Liquor Control Commission, 15 Crater Lake Avenue,
Medford, OR 97504
15. US West Communications - Premis Group,
450 110th Avenue NE, Room 409, Bellevue, WA 98004
16. Pacific Power and Light, Attn: District Manager,
PO Box 1148, Medford, OR 97501
17. Rogue Disposal Service, 135 W. Main, Medford, OR 97501
18. Rogue Valley Transit District, 3200 Crater Lake Avenue,
Medford, OR 97504
19. TCI Cab1evision, PO Box 399, Medford, OR 97501
20. 549C Medford School District, Administration, 500 Monroe Av,
Medford, OR 97501
PLUS THE FOLLOWING CITY DEPARTMENTS:
Fire Marshal
Parks Department
Building
Police (Adm. & Dispatch)
Planning
Public Works Maintenance
Finance (Jon, Larry, Mark)
Municipal Court
Engineering (Larry, Joseph & Dorothy)
Water Com
PLUS AFFECTED WITHDRAWING FROM SPECIAL DISTRICTS:
Mail certified copies of ordinance proclaiming annexation and
maps to whichever is affected:
Bear Creek Valley Sanitary Authority, 3915 South Pacific Hwy,
Medford, OR 97501
Elk Water District, c/o George Flanagan, PO Box 1766 Medford
OR 97501
Jackson County Fire District #3, 8333 Agate Road, White City,
OR 97503
Kings Hwy Water District, c/o Don L. Bryan, 1090 Shafer Lane
Medford, OR 97501
Maple Park Water District, c/o Allie Graham, 1205 Sage Road,
Medford, OR 97501
Medford Irrigation District, 1340 Myers Lane, Medford,
OR 97501
Medford Rural Fire Protection District #2, c/o Duane Venekamp,
4119 South Pacific Hwy, Medford, OR 97501
Midway Water District, c/o William R. Smith, 2629 Table Rock
Road, Medford, OR 97501
ANNEXB.LST (Revised 1-9-96)
CITY ATTORNEY
CITY OF ASHLAND
20 EAST MAIN STREET
(541) 482-3211, EXT. 59
MEMORANDUM
July 24, 1996
To: Barbara Christensen, City Recorder
From: l--- Paul Nolte
Subject: Process for "Full Consent" Annexations
There are three distinct phases to "full consent" annexations (where all of the
landowners and at least 50% of the electors residing in the area to be annexed have
consented to the annexation):
1. Land Use Phase (coordinated through the planning department):
1.1. Notice and hearing before planning commission as a Type III procedure.
(AMC 9 18.106.010)
1.2. If approved by the planning commission then must be heard by the city
council pursuant to the Type III procedure. (AMC 18.108.060.C). Notice for a Type III
planning action is provided in AMC 9 18.108.080.
1.3. If approved by council, council adopts findings and conclusions justifying
the decision based on the criteria set forth for annexations in the land use code.
(AMC 918.106.030)
1.4. Survey and legal description is then completed by the person requesting
annexation.
2. Annexation Phase by City Council:
2.1. Consent of the owners filed with the council. (ORS 222.125)
2.2. Consent of not less than 50% of the electors residing on the property filed
with the council. (ORS 222.125)
2.3. Council proclaims by ordinance or resolution the annexation.
(ORS 222.125)
MEMO TO BARBARA CHRISTENSEN
JULY 24, 1996
PAGE 2
2.4. City recorder sends to Secretary of State (GRS 222.177):
2.4.1. A copy of the resolution or ordinance proclaiming the annexation.
(GRS 222.177(1))
2.4.2. Abstract of vote if votes were cast. (GRS 222.177(2)) Since no vote
is necessary in full consent annexation (GRS 222.125), no abstract is
necessary.
2.4.3. Copies of the statements of consents. (GRS 222.177(3))
2.4.4. A copy of the ordinance issued under 222.120(4). Since there is no
such ordinance required in a full consent annexation (see GRS 222.125),
no ordinance need be "issued" or sent to the Secretary of State.
2.5. City recorder sends by certified mail to all utilities a legal description and
map of the annexed area and a copy of the council's annexation resolution (not
later than 10 working days after passage of the resolution). (GRS 222.005(1))
3. Withdrawal of Annexed Area from Special District (GRS 222.520(1)). The city
has the authority to withdraw the annexed area from any special district that may exist
in the annexed area. For Ashland, the only special district the city generally withdraws
the annexed area from is Jackson County Fire District #5.
3.1. Resolution adopted by council setting date for public hearing. (GRS
222.524(2))
3.2. City recorder publishes notice in newspaper once each week for two
consecutive weeks and posts notice in four public places in the city. (GRS 222.524(2))
3.3. After the hearing, council may adopt an ordinance declaring the annexed
area to be withdrawn from the district. (GRS 222.524(3))
(p:alo\annex-ck .Ist}
BOUNDARY CHANGES; MERGERS & CONSOLIDATIONS
222.040
GENERAL PROVISIONS
222.005 Notice to public utilities of
annexation; contents of notice; effect. (1)
When territory is approved for annexation to
a city by city council action under ORS
chapter 199 or this chapter, the recorder of
the city or other city officer or agency per-
forming the duties of recorder under thi8
section, not later than 10 working days after
passage of a resolution or ordinance approv-
Ing the proposed annexation, shall provide by
certified mail to all public utilities, electric
cooperatives and telecommunications utili~
ties operating within the city each site ad-
dress to be annexed as recorded on county
assessment and tax rolls, a legal description
and map of the proposed boundary change
and a copy of the city council's resolution or
ordinance approving the proposed annex-
ation.
(2) Additional or increased fees or taxes,
other than ad valorem taxes, imposed on
public utilities, electric cooperatives and
telecommunications utilities as a result of an
annexation of territory to a city shall becOIne
effective on the effective date of the annex-
ation if notice of the annexation is given to
public utilities, electric cooperatives and
telecommunications utilities by certified mail
not later than 10 working days after the ef-
fective date of the annexation. However, if
notification of the effective date of the an-
nexation is provided to the public utilities,
electric cooperatives and telecommunications
utilities later than the lOth working day af-
ter the effective date of the annexation, the
additional or increased fees or taxes become
effecti,'e on the date of notification.
(3) As used in this section:
(a\ "Effective date of annexation" IS the
effective date described in ORS chapter 199
or this chapter, whichever is applicable.
(bl "Public utility" has the meaning
given that term in ORS 757.005. [1981 c.238 \2;
1985 c,j02 ~5; 1987 c.447 ~116; 1989 c.736 *1; 1991 c.136
*11
222.010 Report of city boundary
changes mandatory; contents of report;
time for filing; exception. (1) Every ci ty,
through its recorder or other city officer or
ag('nc~' desisTJ1ated to perform the duties of
the recorder under this section, shall report
to the county clerk and county assessor of
the county within which the city is located
all changes in the boundaries or limits of the
city. The report shall contain a detailed legal
description of the new boundaries established
by tl", city. The report shall be filed by the
city within 10 days from the effective date
of the change of any boundary hnes. .-.----.
l~) This section docs not apply to a minor
boundary chang(~ ordered under ORS 199.410
Title 21
to 199.519. [Amended by 1969 c.494 \26; 1971 c.462
\18; 1985 c702 \61
222.()20 [Repealed by 1955 c.475 ~12J
222.030 Assessor to furnish statement
of assessed valuation of territory to be
annexed. When a change of the boundaries
of a city through the annexation of territory
is proposed pursuant to ORS 199.410 to
199.519, or 222.111 to 222.180 or city charter,
the assessor of the county or counties
wherein the territory to be annexed is lo-
cated, shall furnish upon official request
within 20 days, a statement showing for the
current fiscal year the assessed valuation of
the taxable property in the territory to be
annexed. 11957 c.2:J6 \1; 1969 c.494 \271
222.040 Delay of effective date of ac-
tions under this chapter because of
election; effective date of certain annex-
ations and transfers of territory. (1) Not-
withstanding any provision of this chapter
that provides a different effective date, an
annexation, transfer of territory, consol-
idation or merger under this chapter, or any
removal by a city by ordinance of a newly
annexed area from a special district, shall
not become effective during the period:
(a) Beginning after the 90th day before a
biennial primary election or general election
and ending on the day after the election; or
(b) Beginning after the deadline for filing
the notice of election before any other
election held by any city, district or other
municipal corporation invoh'ed in the annex-
ation, transfer of territory, consolidation,
merger or removal, and ending on the day
after the election.
(2) If the effective' date established for an
annexation, transfer of territory, consol-
idation, merger or removal is a date that is
prohibited under this section. the annexation,
transfer of territory, consolidation, merger
or removal shall become effective on the day
after the election.
(3) For the purposes of ORS 308.225 only,
the effective date of an annexation under
ORS 222.180 shall be the date of filing of the
abstract referred to in ORS 222.180. 119810.391
*3; 1983 c.514 *lb; 1985 c.130 *5: 19S:') (S08 *71: 1989 c.923
*25: 1995 c.712 ~92]
ANNEXATION OF CONTIGUOUS
TERRITORY
Note: S('ctiollS 3 and 10, chapter 737. Oregon Laws
10.'17. proyidc
Sec. 3. When annexation only with consent of
owner before July I, 1999. (11 :\':)twithsunding any
other pro\'ision of law, when property'
la) Is property on which no electors r('side:
lb) Is zoned for industrial uses:
tel Has sewer :md water lines p:tid for and installpd
by tlw propprt.\' owner; and
Page 31
(1995 Edition)
222.111
(d) Has an assessed valuation, including improve-
ments, 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 sec-
tion 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 \vithm the ju-
risdiction of a local government boundary commission.
11987 c.737 \31
Sec. 10. Section 3. chapter 737, Oregon Laws 1987.
is repealed on July 1, 1999. [1987 c.737 *10; 1989 c.226
.11
222.110 [Repealed by 1957 c.613 ~1 (222.111 enacted
in lieu of 222.110lJ
222.111 Authority and procedure for
annexation, generally. (1) When a proposal
containing the terms of annexation is ap-
proved in the manner provided by the char-
ter of the annexing city or by ORS 222.111
to 222.180 or 222.840 to 222.915, the boun-
daries of any city may be extended by the
annexation of territory that is not within a
city and that is contiguous to the city or
separated from it only by a public right of
way or a stream, bay, lake or other body of
water. Such territory may lie either wholly
or partially within or without the same
county in which the city lies.
(2) A proposal for annexation of territory
to a city may be initiated by the legislative
body of the city, on its own motion, or by a
petition to the legislative body of the city by
owners of real property in the territory to be
annexed.
(3) The proposal for annexation may pro-
vide that, during each of not more than 10
full fiscal years beginning with the first fis-
cal year after the annexation takes effect,
the rate of taxation for city purposes on
property in the annexed territory shall be at
a specified ratio of the highest rate of taxa-
tion applicable that year for city purposes to
other property in the city. The proposal may
provide for the ratio to increase from fiscal
year to fiscal year according to a schedule
of increase specified in the proposal; but in
no case shall the proposal provide for a rate
of taxation for city purposes in the annexed
territory which will exceed the highest rate
of taxation applicable that year for city pur-
poses to other property in the city. If the
annexation takes place on the basis of a
proposal providing for taxation at a ratio, the
city may not tax property in the annexed
territory at a rate other than the ratio which
the proposal authorizes for that fiscal year.
(4) When the territory to be annexed in-
cludes a part less than the entire area of a
district named in ORS 222.510, the proposal
for annexation may provide that if annex-
Title 21
CITIES
ation of the territory Occurs the part of the
district anni..'xl'd into the city IS wIthdrawn
from the district as of the effectIve date of
the annexation. However, if the affected dis.
triet is a district named in ORS 222.465 the
effective date of the withdrawal of territory
shall be determined as provided in ORS
222.465.
(5) The legislative body of the city shall
submit, except when not required under ORS
222.120, 222.170 and 222.840 to 222915 to do
so, the proposal for annexation to the elec.
tors of the territory proposed for annexation
and, except when permitted under ORS
222.120 or 222.840 to 222.915 to dispense with
submitting the proposal for annexation to the
electors of the city, the legislative body of
the city shall submit such proposal to the
electors of the city. The proposal for annex-
ation may be voted upon at a general
election or at a special election to be held
for that purpose.
(6) The proposal for annexation may be
voted upon by the electors of the city and of
the territory simultaneously or at different
times not more than 12 months apart.
(7) Two or more proposals for annexation
of territory may be voted upon simultane-
ously; however, in the city each proposal
shall be stated separately on the ballot and
voted on separately, and in the territory
proposed for annexation no proposal for an-
nexing other territory shall appear on the
ballot. (1957 c.613 92 (enacted in lieu of 222,110); 1959
c.415 \1; 1967 c.624 \13; 1985 c.702 .71
222.115 Annexation contracts; record.
ing; effect. A contract between a city and a
landowner relating to extraterritorial pro-
vision of service and consent to eventual an-
nexation of property of the landowner shall
be recorded and, when recorded, shall be
binding on all successors with an interest in
that property. [1991 c.637 .4J
222.120 Procedure without election by
city electors; hearing; ordinance subject
to referendum. (1) Except when expressly
required to do so by the city charter, the
leb>islative body of a city is not required to
submit a proposal for annexation of territory
to the electors of the city for their approval
or rejection.
(2) When the legislative body of the city
elects to dispense with submitting the ques-
tion of the proposed annexation to the elec-
tors of the city, the legislative body of the
city shall fix a day for a public hearing be-
ff,re the legislative body at which time the
electors of the city may appear and be heard
on the qu(~stion of annexation.
(3) The city legislative body shall cause
notice of the hearing to be published once
each week for two successive weeks prior to
Page 32
0995 Edition)
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OWl
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Titl,
BOUNDARY CHANGES; MERGERS & CONSOLIDATIONS
the day of hearing, in a newspaper of general
circulation in the city, and shall cause no-
tices of the hearing to be posted in four
public places in the city for a like period.
(4) Mter the hearing, the city legislative
body may, by an ordinance containing a legal
description of the territory in question:
(a) Declare that the territory is annexed
to the city upon the condition that the ma-
jority of the votes cast in the territory is in
favor of annexation;
(b) Declare that the territory is annexed
to the city where electors or landowners in
the contiguous territory consented in writing
to such annexation, as provided in ORS
222.125 or 222.170, prior to the public hearing
held under subsection (2) of this section; Or
(c) Declare that the territory is annexed
to the city where the Health Division, prior
to the public hearing held under subsection
0) of this section, has issued a fmding that
a danger to public health exists because of
conditions within the territory as provided
by ORS 222.840 to 222.915.
(5) If the territory described in the ordi-
nance issued under subsection (4) of this
section is a part less than the entire area of
a district named in ORS 222.510, the ordi-
nance may also declare that the territory is
withdrawn from the district on the effective
date of the annexation or on any Subsequent
date specified in the ordinance. However, if
the affected district is a district named in
ORS 222.465, the effective date of the with-
drawal of territory shall be determined as
provided in ORS 222.465.
(6) The ordinance referred to in sub-
section (4) of this section is Subject to refer-
endum.
(7) For the purpose of this section, ORS
222.125 and 222.170, "owner" or "landowner"
means the legal owner of record or, where
there is a recorded land contract which is in
force, the purchaser thereunder. If there is
a multiple ownership in a parcel of land each
consenting owner shall be counted as a frac-
tion to the same extent as the interest of the
owner in the land bears in relation to the
interest of the other owners and the same
fraction shall be applied to the parcel's land
mass and assessed value for purposes of the
consent petition. If a corporation OWns land
in territory proposed to be annexed, the cor-
poration shall be considered the individual
owner of that land. fAmended by 1953 c.220 *2; 1955
c.51 *1; 1961 c511 H; 1967 c.624 *14; 1971 c.673 *2; 1985
c702 *8; 1987 c.818 *11; 1993 c.18 *391
222.125 Annexation by consent of all
owners of land and majority of electors;
prOclamation of annexation. The legisla-
tive body of a city need not call or hold an
election in the city or in any contiguous ter-
222.160
Title 21
ritory proposed to be annexed or hold the
hearing. otherwi~e_ required under Vl{S
. 222.121) When all of the owners of land in
that territory and not less than 50 percent
of the electors, if any, residing in the terri-
tory consent in writing to the annexation of
the land in the territory and file a statement
of their consent with the legislative body.
Upon receiving written consent to annex-
ation by owners and electors under this sec-
tion, the legislative body of the city,-.by
resolution Or ordinance, may set the finar
boundarIes ot tne area to be annexed by a
legal description and proclaim the annex-
ation. 11985 c.702 *3; 1987 c.738 *1]
Note: 222.125 was added to and made a part of
ORS chapter 222 by legislative action but \vas not added
to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
222.130 Annexation election; notice;
ballot title. (1) The statement summarizing
the measure and its major effect in the ballot
title for a proposal for annexation shall COn-
tain a general description of the boundaries
of each territory proposed to be annexed. The
description shall use streets and other gen-
erally recognized features. Notwithstanding
ORS 250.035, the statement summarizing the
measure and its major effect shall not exceed
150 words.
(2) The notice of an annexation election
shall be given as provided in ORS 254.095
and 254.205, except that in addition the no-
tice shall contain a map indicating the
boundaries of each territory proposed to be
annexed.
(3) Whenever simultaneous elections are
held in a city and the territory to be an-
nexed, the same notice and publication shall
fulfill the requirements of publication for the
city election and the election held in the
territory. [Amended by 1967 c.283 *1; 1979 c.317 *4;
1983 c350 *33; 1995 c.79 *80; 1995 c534 *10]
222.140 IRepealed by 1979 c.317 *261
222.150 Election results; proclamation
of annexation. The city legislative body
shall detennine the results of the election
from the official figures returned by the
county clerk. If the city legislative body
finds that the majority of all votes cast in
the territory favors annexation and the city
legislative body has dispensed with submit-
ting the question to the electors of the city,
the city legislative body, by resolution or or-
dinance, shall set the final boundaries of the
area to be annexed by a legal description and
proclaim the annexation. IAmended by 198.1 c.83
S23; 1983 c350 *34; 1985 c.702 S9]
222.160 Procedure when annexation is
submitted to city vote; prOclamation. This
section applies when the city legislative body
has not dispensed with submitting the ques-
tion of annexation to the electors of the city.
Page 33
(1995 Edition)
222.170
CITIES
If the city legislative body finds that a ma-
jority of the votes cast in the territory and
a majority of the votes cast in the city favor
annexation, then the legislative bod\', by res-
olution or ordinance, shall proclaim t.hose
annexations which have rec(~ived a majority
of the votes cast in both the city and the
territory. The proclamation shall contain a
legal description of each territory annexed.
[Amended by 1983 c.3S0 ~35; 1985 c.702 *101
222.170 Effect of consent to annex-
ation by territory; proclamation witb and
without city election. (I) The legislative
body of the city need not call or hold an
election in any contiguous territory proposed
to be annexed if more than half of the Own-
ers of land in the territory, who also Own
more than half of the land in the contiguous
territory and of real property therein repres-
enting more than half of the assessed value
of all real property in the contiguous terri-
tory consent in writing to the annexation of
their land in the territory and file a state-
ment of their consent with the legislative
body on or before the d:>y:
(a) The public hearing is held under ORS
222.120, if the city legislative body dispenses
with submitting the question to the electors
of the city; or
(b) The city legislative body orders the
annexation election in the city under ORS
222.111, if the city legislative body submits
the question to the electors of the city.
(2) The legislative body of the city need
not call or hold an election in any contig-
uous territory proposed to be annexed if a
majority of the electors registered in the
territory proposed to be annexed consent in
writing to annexation and the owners of
more than half of the land in that territory
consent in writing to the annexation of their
land and those Owners and electors file a
statement of their consent with the legisla-
tive body on or before the day:
(a) The public hearing is held under ORS
222.120, if the city legislative body dispenses
with submitting the question to the electors
of the city; or
(b) The city legislative body orders the
annexation election in the city under ORS
222.111, if the city legislative body submits
the question to the electors of the city.
(3) If the city legislative body has not
dispensed with submitting the question to
the electors of the city and a majority of the
votes cast on the proposition within the city
favor annexation, or if the city legislative
body has previously dispensed with submit-
ting the question to the electors of the city
as provided in ORS 222.120, the legislative
body, by resolution or ordinance, shall set
the final boundaries of the area to be an-
Title 21
Page 34
nexed by a legal descript illll and prnl'laim the
annexation.
(-1) Real property that is publid.\" owned,
is till' right of way f()r a public utility, tele~
C0Il1IllI111icatiOllS utility or railroad or is ex-
empt fi.om ad valorcIll LlXatin!l shall not be
considered wl1l'11 determining the number of
OWIwrs, the an'<l of land (lr tht> assessed val-
uation requirl'd to grant l'll!1SL'nt tll annex-
ation under this section unless tlw owner of
such propert." files a statl'llll'llt cOIl::'L'nting to
or opposing annexatIOn \\"jth the ll'~islativc
bod\' of the city on or before a da\" described
in subsection ("1) of this section. ";.-\Jlll'nrled by
19:)5 c51 *2: 1961 c.511 92: 1971 ('.673 ~l. l~l73 c.434 0;
1983 c350 *3(-;: 19:35 c.702 91], 19S7 c.-147 *11--:-: 1987 ('.737
,41
222.173 Time limit for filing state-
ments of consent; public records. (1) For
the purpose of authorizing an annexation
under ORS 222.170 or under a proceeding in-
itiated as pro\'ided by ORS 199490 (2), only
statements of consent to annexation which
are filed within any one~year period shall be
effective, unless a separate written agree-
ment waiving the one-year period or pre-
scribing some other period of time has been
entered into between an owner of land or an
elector and the city.
(2) Statpments of CCl!1sent to annexation
filed with the legislative body of the city by
electors and owners of land under ORS
222170 are public records under ORS 192.410
to 192.505. 11985 c702 920; laR7 c.7:17 *.5: 1987 c.818
*8J
Note: 222.17.1 to 222.177 were added to and made a
part of ORS chapter 222 by legislative action but were
not added to any smaller series therein. See Preface to
Oregon Revised Statutes for further explanation
222.175 City to provide information
when soliciting statements of consent. If
a city solicits statements of cons(;nt under
ORS 222.170 from electors and owners of
land in order to facilitate annexation of un-
incorporated territory to the city, the city
shall, upon request, provide to those electors
and owners information on that city's ad
valorem tax levied for its current fiscal year
expressed as the rate per thousand dollars of
assessed valuation, a description r)f services
the city generally provides its residents and
owners of property within the city and such
other information as the city considers rele-
vant to the impact of annexation on land
within the unincorporated territory within
which statements of consent are being solic-
ited. 11985 c.702 \21; 1987 c.737 \6; 1987 c818 \Sf
Note: Se{~ note under 222.17~3.
222.177 Filing of annexation records
with Secretary of State. When a city leg-
islative body proclaims an annexation under
ORS 222.125, 222.150, 222.160 or 222.170, the
recorder of the city or any other city officer
11995 Edition)
J?
i
:)
;l!
'~4
:'}t:'
BOUNDARY CHANGES; MEIWEHS & CONSOLIDATIONS
or agency designated by the city ll'gislativ<,
body to perform the dutie~ of the rccordpr
under this section shall transmit to the Sec-
retary of State:
(1) A copy of the resolution or ordinance
proclaiming the annexation.
(2) An abstract of the vote within the
city, if votes were cast in the city, and an
abstract of the vote within the annexed tcr~
ritory, if votes were cast in the territory. The
abstract of the vote f(Jr each election shall
show the whole number of electors voting on
the annexation, the number of vote.'; cast for
annexation and the number of votes cast
against annexation.
(3) If electors or landowners in the terri-
tory annexed consented to the annexation
under ORS 222.125 or 222. I 70, 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 ref-
erendum if a refcl:endum petition was filed
with respect to the ordinance adopted under
ORS 222.120 (4). [1985 c.702 H 1987 c737 s7; ]987
c.818 s101
Note: See note under 222.173.
222.179 Exempt territory. The amend-
ments 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 governm~nt boundary
commission. [1985 c.702 *271
Note: 222.179 W<lS enacted into law by the Legisla_
tive 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 fur-
ther explanation.
222.180 Effective date of annexation.
0) 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 annex-
ation.
(2) For annexation proceedings initiated
by a city, the city may specify an effective
date that is later than the date specified in
subsection 0) of this section. If a later date
is specified under this subsection, that effec-
tive date shall not be later than 10 years af-
ter the date of a proclamation of annexation
described in ORS 222.177. IAmended by 1961 c.322
91; 1967 c.624 s15; 1973 c.501 s2; 1981 c.391 s5; 1985 c.702
s12; 1991 c.637 s9J
222.183 Notice of annexation when ef-
fective date delayed for more than one
year. 0) If the effective date of an annex-
ation is more than one year after the date
of a proclamation of annexation, the city,
Title 21
222.210
throll~h it.s recorder or other cit\' officer or
[lgenl'~' tll'rforming the duti0S of r'ecorcier un-
der thioS oSl'ction, shall ~pnd not.ice to the
t'ount\. cll'rk of ('aeh COllntv within which
the dty is located. Tlw noti~'ll shall be sent
nnt. so()ner than 120 days and not later than
00 day's prior to the dtectivp date of the an-
nexatinn
(:2) Thl" 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. 11995 c_60i ~G71
Note: :2:2:':.183 was added to and made a part of
22:2.010 to ~~2_750 by legisbtiw action but was not
added to ,,11\- smaller serie" thf'rein See Preface to
Oregon Re\'is'ed St<ltutes for further explanation.
222.185 11971 cG7a *.t repe,ded by 1975 c.326 ~51
222.190 IRq}ealed by 1975 c326 *5)
CONSOLIDATION OF ADJOINING AND
NONADJOINING TERRITORIES
222.210 Authority to consolidate ad.
joining and nonadjoining cities or terri~
tories; additional method of annexation;
limitation. (1) An incorporated city may be
created from adjoining or nonadjoining in-
corporated cities, from an incorporated city
and adjoining or nonadjoining unincorpor-
ated territory, or from both, after pro-
ceedings had as required by ORS 222.210 to
222.310. The legislature expressly declares
that. those sections do not. repeal or amend
any (Jther 1m\' or laws providing for the in-
corporation 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 222.230 (2) proposes creation of a
city containing noncontiguous areas sepa-
rated by a distance of more than three miles,
the affected city governing bodies shall so
declare at the joint convention held under
ORS 222.230 (3) and shall cancel any further
proceedings related to the petition. If a con-
solidated city with such noncontiguous areas
results from an election called under ORS
222,250 or 222.275, the consolidated city shall
consist only of the most populous city in-
cluded in the consolidated city and those
cities or unincorporated areas in which the
majority of votes cast favored creation of the
consolidated city and which lie not more
than three miles from the contiguous area
composed of the most populous city and any
Page 35
(1995 Edition)
May 15, 1995: For statutes regarding annexations see
ORD\ORS\ANNEX.ORS.
For cases regarding annexations see ALO\ANNEX.CSE.
TABLE OF CONTENTS
Annexation steps per code
ANNEXATION FILING FEES
Land use criteria . . . .
Sample annexation ordinance
sample resolution for district withdrawal
ANNEXATIONS INDEX TO AMC . . .
18.108.060 Type III Procedure. . . .
18.108.065 Annexations. . . . . . .
14.08.030 Connection - outside city.
UTILITY SERVICE TO ANNEXATIONS
Statutory Steps for Annexation . . .
2
4
5
7
9
10
11
12
14
16
17
Annexation steps per code:
1. Owner of property makes
application'. [AMC S 4.14.020]
Application must:
1.1. contain a non
revocable consent.
[AMC S 4.14.020]
1.2. contain an agreement
to pay the annexation fee
required by S4.16.010.
[AMC S 4.14.020]
1.3. contain an agreement
to deposit an amount
sufficient to retire any
outstanding indebtedness of
Public service Districts
defined in ORS 222.510.
[AMC S 4.14.020]
1.4. Be accompanied by a
boundary description and map
prepared in accord with ORS
308.225. [AMC S 4.14.025]
1.5. Owner submits
filing fee as required in S
18.108.060. [AMC S 4.14.030]
2. Public hearings shall be
held as set forth in
S18.108.080. [AMC S 4.14.040]
[Note: AMC ~ 18.108.080 deals
with public notice, not public
hearings. AMC ~ 18.108.100
deals with public hearings.)
Annexation steps per statutes:
1. May be initiated by the
council on its own motion or
by a petition by owners of
real property in the territory
to be annexed.
(ORB 222.111(2))
1.1. The proposal may
provide that the rate of
taxation shall be at a
specified ratio of the highest
rate.
(ORB 222.111(3))
1.2. If annexation
includes a district named in
ORS 222.510 (rural fire
protection district, water-
type districts, park and
recreation district, highway
lighting district, county
service district, special road
district, road assessment
district, sanitary district or
authority) "the proposal for
annexation may provide that if
annexation of the territory
occurs the part of the
district annexed into the city
is withdrawn from the district
as of the effective date of
the annexation."
[ORB 222.111(4)]
ORS 222.120(2) requires a
public hearing when no
election is required. ORS
222.120(3) requires notice for
the hearing to be published
once a week for two successive
weeks and four public places
in the city.
ORS 222.111(2) A proposal for annexation of territory to
a city may be initiated by the legislative body of the city, on
its own motion, or by a petition to the legislative body of the
city by owners of real property in the territory to be annexed.
3. The annexation proposal shall be submitted to the
"electors of the territory proposed for annexation" [except
when not required to do so under ORS 222.120 (not required to
do so unless charter requires it - Ashland charter does not
require it; ORS 222.170 (consent); ORS 222.840 to 222.915
(health hazard)]. [ORS 222.111(5)]
city is not required to submit a proposal for annexation to
the electors. ORS 222.120(1)
4. After the hearing, city by ordinance containing a legal
description of the territory to be annexed, (a) declare its
annexed if majority vote so (b) declare territory annexed when
consent in writing (see ORS 222.125 to 222.170)[ORS 222.120(4)]
4.1. Ordinance (see paragraph 4) may also declare that
the territory is withdrawn from a special dist~ 222.120(5)]
If part of a special district is annexed, the city may
cause that part to be withdrawn from the district as
provided in ORS 222.120 "or at anytime after such. . .
annexation in the manner set forth in ORS 222.524" (ORS
222.524(1): To withdraw from special district, hold a
public hearing.)
4.2. Consent to annex when all owners and not less than
50 percent of the electors consent in writing. "Upon
receiving written consent to annexation by owners and electors
(the city), by resolution or ordinance, may set the final
boundaries of the area to be annexed by a legal description
and proclaim annexation." [ORS 222.125]
Chapter 4.14
ANNEXATION FILING FEES
sections:
4.14.010
4.14.020
4.14.025
4.14.030
4.14.040
Purpose.
Application.
Boundary Description.
Filing Fee.
Public Hearing.
4.14.010 Purpose. The purpose of this Chapter is to insure that annexations
are in conformance with ORS Chapter 197 and the statewide planning goals, and
to require applicants for annexation to deposit with the City a fee sufficient
to cover all costs of processing a request for annexation.
4.14.020 Application. The legal owner of record, or the contract purchasers
pursuant to a recorded contract of sale, may make application for the
annexation of land(s) contiguous to the city on forms to be provided by the
city. Said application shall include a consent to annexation which is non-
revocable for a period of three (3) years from its date; an agreement to pay
the annexation fee required by section 4.16.010 and an agreement to deposit an
amount sufficient to retire any outstanding indebtedness of Public Service
Districts defined in ORS 222.510. (Ord. 1943, 1977)
4.14.025 Boundarv Description. The application required in section 4.14.020
shall be accompanied by a boundary description and map prepared in accordance
with ORS 308.225. Said boundary description and map shall be prepared by a
registered land surveyor. The boundaries shall be surveyed and monumented as
required by ORS subsequent to Council approval of the proposed annexation.
(Ord. 2004, 1979)
4.14.030 Filinq Fees. At the time of sUbmitting the required application, a
filing fee shall be submitted as required in section 18.108.060 of the
Municipal Code.
4.14.040 Public Hearinq.
section 18.108.080 of the
public notice, not public
hearings.)
Public hearings shall be held as set forth in
Municipal Code. [Note: AMC S 18.108.080 deals with
hearings. AMC S 18.108.100 deals with public
Land use criteria
18.108.100.C. At the commencement of the public hearing, a
statement shall be made to those in attendance that:
1. Lists the applicable substantive criteria.
2. states that testimony and evidence must be directed
toward the criteria described above, or other criteria in the
plan or land use regulation which the person believes to apply
to the decision.
3. states that failure to raise an issue with sufficient
specificity to afford the decision maker and the parties an
opportunity to respond to the issue precludes appeal to the
Land Use Board of Appeals (LUBA) based on that issue.
4. states that failure to participate in the public
hearing, either orally or in writing, precludes their right of
appeal to the City Council.
5. states the presentation and rebuttal time limits for
the applicant, proponents, and opponents.
6. states that any party who has participated in the
public hearing, either orally or in writing, shall be entitled
to a continuance of the hearing if evidence or documents in
support of the application are submitted less than 20 days
prior to the initial evidentiary hearing or 10 days prior to
any subsequent hearings. Such request for a continuance must
be requested prior to the closing of the pUblic testimony
portion of the public hearing.
7. states that if any party who has participated in the
public hearing so requests before the initial evidentiary
hearing concludes, the record shall be kept open for at least
seven days unless there is a continuance.
8. The Commission or Council members shall declare any
conflicts of interest or potential conflicts of interest and
any ex parte contacts including the substance of those contacts
and any conclusions the member reached because of those
contacts.
9. Other general rules of conduct for the public hearing
as deemed necessary by the Commission or Council.
January 13, 1993: No charter provisions.
Sample annexation ordinance
ORDINANCE NO.
AN ORDINANCE ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND AND
WITHDRAWING THE AREA JACKSON COUNTY FIRE DISTRICT NO. 5 (CAHILL
ANNEXATION)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A", is contiguous to
the city of Ashland and is located in Jackson County, Oregon, and is proclaimed
to be annexed to the City of Ashland as provided in ORS 222.125 and section 2
of this ordinance.
SECTION 2. Upon the effective date of this ordinance, the City Recorder, in
accordance with ORS 222.177, shall transmit to the Secretary of the State of
Oregon, a copy of this ordinance, a copy of the Statement of Consent from the
electorate of the tract annexed and shall submit a copy of this ordinance to
the County Assessor and County Surveyor of Jackson county, Oregon.
SECTION 2. The land described in the attached Exhibit "A", is declared to be
withdrawn from Jackson County Fire District No. 5 pursuant to the provisions of
ORS 222.111.
SECTION 3. The city of Ashland elects to pay the bonds of the Special Taxing
Districts pursuant to the provisions of ORS 222.520(2) (b).
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE
CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE.
(CAHILL ANNEXATION)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A" is contiguous to the
City of Ashland and is located in Jackson County, Oregon, and is proclaimed to
be annexed to the city of Ashland as provided in ORS 222.125 and section 2 of
this Resolution.
SECTION 2. Upon the effective date of this Resolution, the City Recorder, in
accordance with ORS 222.177, shall transmit to the Secretary of the State of
Oregon, a copy of this Resolution, a copy of the Statement of Consent from the
electorate of the tract annexed, and a copy of the resolution dispensing with
the election on the proposed annexation, and shall submit a copy of this
Resolution to the County Assessor and County Surveyor of Jackson County,
Oregon.
sample resolution for distridtE~umra>>aRO. 93-
A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE WITHDRAWAL
OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5; AND DIRECTING
PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (CAHILL ANNEXATION (ISLAND))
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The city of Ashland finds that the owners of the property
described in the attached Exhibit "A" have consented to the annexation of this
property to the city of Ashland. The Council further finds that there are two
electors residing in the proposed annexation.
SECTION 2. The city of Ashland finds that the property described in Exhibit "A"
is surrounded by the corporate limits of the city and the property may be
annexed by ordinance without a public hearing and with or without the consent
of the owner pursuant to ORS 222.750.
SECTION 3. Pursuant to ORS 222.524 a public hearing shall be held on February
16, 1993, at 7:30 p.m., in the Council Chambers, Civic Center, 1175 East Main
street, Ashland, Oregon, on the question of withdrawal of certain real property
from Jackson County Fire District No.5. All persons may appear before the
Ashland city Council and be heard on the question. The real property above
mentioned is situated in Jackson county, Oregon, and more particularly
described in the attached Exhibit "A."
SECTION 4. The city recorder is directed to give notice of the hearing as
required by ORS 222.120.
ANNEXATIONS INDEX TO AMC
Application
boundary description 4.14.025
filing fees 4.14.030
purpose 4.14.020
procedure generally 4.14.020
Charges
disposition 4.16.030
imposed 4.16.010
payment 4.16.020
scope 4.16.040
Findings 18.108.190
Hearing 4.14.040
18.108.060 Tvpe III Procedure.
A. The following actions shall follow the Type III Procedure:
* * * * *
5. Annexations.
6. Urban Growth Boundary Amendments.
B. Type III Planning Actions - Generally:
1. Actions 1,2,3, and 4 in 18.108.060A may be approved when one of the
following conditions exist:
a. A public need, supported by the Comprehensive Plan.
b. The need to correct mistakes.
c. The need to adjust to new conditions.
d. Where compelling circumstances relating to the general public
welfare require such an action.
2. Annexations shall be subiect to the criteria of 18.108.065.
18.108.065 Annexations. A. All annexations shall be processed under the Type
III procedure.
B. Application for annexation shall include the following information:
1. Consent to annexation which is non-revokable for a period of one
year from its date.
2. Agreement to pay system development annexation charges as required
by AMC 4.16.010.
3. Agreement to deposit an amount sufficient to retire any outstanding
indebtedness of Public Service Districts defined in ORS 222.510.
4. Boundary description and map prepared in accordance with ORS
308.225. Such description and map be prepared by a registered land surveyor.
The boundaries shall be surveyed and monumented as required by ORS subsequent
to Council approval of the proposed annexation.
5. written findings addressing the criteria in 18.108.065C.
C. The following findings shall be required for approval of an annexation to
the city of Ashland:
1. That the land is within the city's Urban Growth Boundary.
2. That the proposed zoning and project are in conformance with the
City's Comprehensive Plan.
3. That the land is contiguous with the city Limits.
4. That public services, including but not limited to adequate sewer,
water, and electric utility capacity, access to fully improved public streets,
and storm drainage, are available or can reasonably be made available to the
site within three years time, and that the applicant or the City have the
financial resources to extend city services within that time frame.
5. That a public need for additional land, as defined in the city's
Comprehensive Plan, can be demonstrated.
D. When an annexation is initiated by a private individual, the Staff Advisor
may include other parcels of property in the proposed annexation to make a
boundary extension more logical and to avoid parcels of land which are not
incorporated but are partially or wholly surrounded by the City of Ashland.
The Staff Advisor, in his/her report to the Commission and Council, shall
justify the inclusion of any parcels other than the parcel for which the
petition is filed. The purpose of this section is to permit the Planning
Commission and Council to make annexations extending the city's boundaries more
logical and orderly.
E. The applicant for the annexation shall also declare which procedure under
ORS 222 they propose that the Council use, and supply evidence that the
approval through this procedure is likely.
18.108.140 Fees.
A. Fees for applications under this Title, and for the related land use
actions of annexation and comprehensive plan amendments, shall be set by
resolution of the Council.
14.08.030 Connection - outside city. Premises located outside the city of
Ashland may be connected to the sewer system when such connection is determined
by the Ashland City council to be in the best interest of the City of Ashland
and to not be detrimental to the City's sewage facilities, and such connection
shall be on such terms as are set forth herein, or as may be modified or added
to by the Ashland City Council:
A. That the applicant for service pay the connection fee as set forth
in section 14.08.025 hereof, plus the systems development annexation charge set
forth in section 4.16.010. The latter sum is in part to compensate the city
for the cost of the existing sewer system and treatment facilities and which
sum shall be placed in the Capital Improvements Fund for sewer system
improvements. (Ord. 1954 S3, 1978; Ord. 2019 S3, 1979; Ord. 2092 S3, 1980;
Ord. 2147 Sl, S2, 1981; Ord. 2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 Sl,
1984; Ord. 2449 S3, 1988)
B. Be for the use and benefit of dwellings and buildings completed and
existing on July 1, 1973. In the event dwellings or buildings are connected in
accord with this section and are subsequently replaced for any reason, then the
replacement building or dwelling may continue to be connected to the sewer
system of the City as long as the use of the sewer system will not be
substantially increased, in the opinion of the Director of Public Works.
C. There is a presently existing sewer main or line to which the
premises can be connected in accord with the monthly rate schedules on file in
the office of the City Recorder. (Ord. 1820, 1974)
D. Furnish to the City a consent to the annexation of the land, signed
by the owners of record and notarized so that it may be recorded by the City
and binding on future owners of the land. Said consent shall also provide for
payment to the city at the time of annexation any balance due for the Systems
Development Annexation Charge set forth in Section 4.16.010 after the
application of subsection A, above. Further, it shall provide for the payment
to the City by the owners, at the time of annexation, of an amount equal to the
current assessment for liabilities and indebtedness previously contracted by a
public service district, such as Jackson County Fire District No.5, multiplied
by the number of years remaining on such indebtedness, so that the land may be
withdrawn from such public service districts in accord with ORS 222.520 at no
present or future expense to the city. (Ord. 1820, 1974; Ord. 2147 S2, 1981;
Ord. 2314 S2, 1984; Ord. 2322 Sl, 1984)
E. That the owner execute a deed restriction preventing the
partitioning or subdivision of the land prior to its annexation to the city.
F. That the owner agrees to pay the Wastewater Treatment Plant Systems
Charges set forth in Section 4.20.030 upon and concurrent with application for
sewer service.
G. That the land is within the Urban Growth Boundary. (Ord. 2322 S2,
1984)
H. New single family dwellings may also be connected to the city's
sewage system subject to the above provisions, except item B, and the following
supplemental conditions:
1. That the owner execute a deed restriction preventing the
partitioning or subdivision of the land prior to its annexation to the City.
2. That the land is not contiguous to the present City limits,
but is within the Urban Growth Boundary.
3. That the owner agrees to pay the Systems Development
Annexation Charge set forth in Chapter 4.16 upon application for sewer service.
In such cases, only the regular sewer connect fee shall be charged, rather than
the outside city sewer connect fee.
4. That the owner agrees to pay the Wastewater Treatment Plan
Systems Charge set forth in section 4.20.030 upon and concurrent with
application for sewer service.
5. That electric service is available from existing City
distribution lines.
6. That the City Council finds that the sewer connection is in
the best interests of the City. lOrd. 2297, 1984)
Chapter 14.20
UTILITY SERVICE TO ANNEXATIONS
sections:
14.20.010 Denial of Obligation.
14.20.020 provision of Service - Council Decision.
14.20.010 Denial of Obliqation. In the public interest, health, safety and
welfare, it is declared the policy of the city Council that it is under no
obligation or duty to furnish on demand, utility or other City services to
areas rezoned, subdivided, or annexed when it is structurally impractical or
financially not feasible to do so; that building permits, acceptance or
subdivision plats, or other project authorizations shall not be issued unless
and until such practicabilities or feasibilities are achieved. (Ord. 1382 SI,
1965)
14.20.020 provision of Service - Council Decision. The city Council shall
determine and be the sole judge as to if and when the provision of the
aforementioned services may become available in the light of all circumstances
involved, including the recommendation and advice of its technical staff.
(Ord. 1382 S2, 1965)
statutory steps for Annexation
1. ORB 222.111(5) The council shall submit the proposal for annexation to the
electors of the territory proposed for annexation except when not required
under:
1.1. ORB 222.120 (when expressly required to do so by the city
charter);
1.2. ORB 222.170 (if more than half of the owners of land in the
territory, who also own more than half of the land in the contiguous territory
and of real property therein representing more than half of the assessed value
of all real property in the contiguous territory consent in writing); or
1.3. ORB 222.840 to 222.915 (health hazard abatement law)
2. ORB 222.111(5) The council shall submit the proposal for annexation to the
city election except when not required under
2.1. ORB 222.120 (when expressly required to do so by the city charter)
2.2. ORB 222.840 to 222.915 (health hazard abatement law)
3. ORB 222.120(1) Except when expressly required to do so by the city charter,
the legislative body of a city is not required to submit a proposal for
annexation of territory to the electors of the city for their approval or
rejection.
4. ORB 222.120(6) The proposal for annexation may be voted upon by the
electors of the city and of the territory simultaneously or at different times
not more than 12 months apart.
5. ORB 222.120(2) If council elects to dispense with an election, it shall
hold a public hearing at which time the electors of the city may appear and be
heard on the question of annexation.
5.1. ORB 222.120(3) Notice of the hearing is to be published once each
week for two successive weeks prior to the day of hearing and posted in four
public places in the city for a like period.
6. ORB 222.120(4) After the hearing, the council may by ordinance:
6.1. Declare that the territory is annexed to the city upon the
condition that the majority of the votes cast in the territory is in favor of
annexation;
6.2. Declare that the territory is annexed to the city where electors
or landowners in the contiguous territory consented in writing to such
annexation, as provided in ORS 222.125 or 222.170, prior to the public hearing
held under subsection (2) of this section; or
6.3. Declare that the territory is annexed to the city where the Health
Division, prior to the public hearing held under subsection (1) of this
section, has issued a finding that a danger to public health exists because of
conditions within the territory as provided by ORS 222.840 to 222.915.
Date: 21-Jun-96 08:50
From: BARBARAC@fs1 (Barbara Christensen Recorder)
To: BARBARAC,LYNNA
Subject: RE: annexation
Message-id: 5B62CA31015F3179
Re-sent-by: JILL@fs1i on 21-Jun-96 08:50
>Please make sure in your correspondance to the County assessor that you
>state the effective date as July 18. (30 Days after passage) This makes
>a differance in our Tax Base Calculation and July 1 is a new year. This
>was purposfully delayed in passage from early Mayas well as made into an
>Ordinance to stretch the implemenattion after July 1.
>
>
>Also did you notify the utilities such as PNB, PPL, GAs, TV etc or do you
>want my staff to send out these letters????
No, I do not want your staff to send out letters. I understand what I am to do
at this point. thanks I also understand the effective date.
Lynna- We do not need to do the annexation letters.
Barbara- May we have a copy of the utility notices- We use them when we audit
the Franchisees. Thanks Jill
state of Oregon
)
)
)
ss.
City of Ashland
I, BARBARA CHRISTENSEN, being first duly sworn on oath,
depose and say that I am City Recorder of the city of Ashland,
and that I did, on May 21, 1996, post four copies of the hereto
attached notice as follows:
city Hall
US National Bank
Western Bank
Public Library
20 E. Main Street
30 N. Second Street
243 E. Main Street
Siskiyou Blvd. & Gresham st.
I further depose and say that the attached notice was
published in the local Daily Tidings on May 21st & 28th, 1996,
prior to the public hearing held on June 4, 1996.
Subscribed and sworn to before me this
day of
, 1996.
Notary Public for Oregon
My Commission expires:
{)/J1A1-i1JJPlrvv
JACKSON COUNTY OREGON
10 SOUTH OAKDALE. MEDFORD, OREGON 97501
DEPARTMENT OF ASSESSMJ;NT
DANIEL G. ROSS
Jackson County Assessor
!bClA0 Ov",-{L
Information
Appraisal
Drafting
Personal Property
Fax No.
776-7061
776-7154
776-7157
776-7081
(503) 776-7202
November 1, 1995
City of Ashland
City Hall
20 E. Main st.
Ashland, OR 97520
Re: Fees for Service
Dear District:
A comprehensive analysis was made of the cost involved by the
Assessor's Office to process the annexation of properties into a
taxing district. The actual cost to Assessment in the mapping,
account adjustment, and notification of agencies and utilities
was quite substantial. The need to try to recoup at least a
portion of these mounting costs has become necessary.
In accordance with Chapter 211 of the codified ordinances of
Jackson County, Order No. 396-95 the adoption of new fees for
services was signed by the Board of County Commissioners of
Jackson County, October 19, 1995 to become effective November 6,
1995. Annexations approved by the Department of Revenue after
this November 6th date will be subject to these new fees. Each
annexation will be subject to a $75.00 processing fee up to 35
tax lots. Any annexation involving more than 35 tax lots will be
charged an additional $16.00 per tax lot over that amount.
The drafting department of the Assessor's office will calculate
the amount due upon approval from the Oregon Department of
Revenue for each annexation and will notify the taxing district
involved. Processing the annexation will continue when the
receipt of the monies due has been received. Dates for district
changes set by state law remain unchanged.
RZJ:J h~L
Daniel G. Ross
Jackson County Assessor
re
Chapter 4.14
ANNEXATION FILING FEES
Sections:
4.14.010
4.14.020
4.14.025
4.14.030
4.14.040
Purpose.
Application.
Boundary Description.
Filing Fee.
Public Hearing.
4.14.010 Purpose. The purpose of this Chapter is to insure that annexations are in
conformance with ORS Chapter 197 and the statewide planning goals, and to require
applicants for annexation to deposit with the City a fee sufficient to cover all costs of
processing a request for annexation.
4.14.020 Application. The legal owner of record, or the contract purchasers pursuant
to a recorded contract of sale, may make application for the annexation of land(s)
contiguous to the City on forms to be provided by the City. Said application shall
include a consent to annexation which is non-revocable for a period of three (3) years tl ,t.
from its date; an agreement to pay the annexation fee required by Section 4.16.010 }uP'-
and an agreement to deposit an amount sufficient to retire any outstanding
indebtedness of Public Service Districts defined in ORS 222.510. (Ord. 1943, 1977)
4.14.025 Boundary Descriotion. The application required in Section 4.14.020 shall be
accompanied by a boundary description and map prepared in accordance with ORS
308.225. Said boundary description and map shall be prepared by a registered land
surveyor. The boundaries shall be surveyed and monumented as required by ORS
subsequent to Council approval of the proposed annexation. (Ord. 2004, 1979)
4.14.030 Filing Fees. At the time of submitting the required application, a filing fee
shall be submitted as required in Section 18.108.060 of the Municipal Code. (Ord.
1943, 1977) (Ord. 2052 S2, 1979)
4.14.040 Public Hearina. Public hearings shall be held as set forth in Section
18.108.080 of the Municipal Code. (Ord. 1943, 1977; Ord. 2052 S3, 1979)
Revised June 1993
Title 4 Page 5
Chapter 18.106
ANNEXATIONS
Sections:
18.106.010 Procedure
18.106.020 Application
18.106.030 Approval Standards
18.106.040 Boundaries
18.106.050 Statutory Procedure
18.106.060 Procedure
18.106.010 Procedure. All annexations shall be processed under the Type III
procedure.
18.106.020 Aoolication. Application for annexation shall include the following
information:
A.
D.
Consent to annexation which is non-revokable for a period of one year
from its date.
Agreement to pay system development annexation charges as required
by AMC 4.16.010. ';'<'I',dct'. '~r0.)
Agreement to deposit an amount sufficient to retire any outstanding
indebtedness of Public Service Districts defined in ORS 222.510.
Boundary description and map prepared in accordance with ORS
308.225. Such description and map be prepared by a registered land
surveyor. The boundaries shall be surveyed and monumented as
required by ORS subsequent to Council approval of the proposed
annexation.
Written findings addressing the criteria in 18.106.030.
B.
C.
E.
18.106.030 Approval standards. The following findings shall be required for approval of
an annexation to the City of Ashland:
A. That the land is within the City's Urban Growth Boundary.
B. That the proposed zoning and project are in conformance with the City's
Comprehensive Plan.
C. That the land is contiguous with the City Limits.
D. That adequate City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and
adequate transportation can and will be provided to and through the
subject property.
E. That a public need for additional land, as defined in the City's
Comprehensive Plan, can be demonstrated; or
Revised February 1996
Title 18 Page 185
1. That the proposed lot or lots shall be residentially zoned under the
City's Comprehensive Plan and that the applicant has agreed to
provide 25% of the proposed residential units at affordable levels,
in accord with the standards established by resolution of the
Ashland City Council. Such agreement to be filed as part of the
initial application and completed and accepted by all parties prior
to the final adoption of the ordinance annexing the property; or
2. That the proposed lot or lots will be zoned E-1 under the City's
Comprehensive Plan, and that the applicant will obtain Site Review
approval for an outright permitted use, or special permitted use
concurrent with the annexation request or within one year of the
annexation hearing and prior to the final adoption of the ordinance
annexing the property. Failure to obtain subsequent site review
approval shall invalidate any previous annexation approval; or
3. That a current or probable public health hazard exists due to lack
of full City sanitary sewer or water services; or
4. That the existing development in the County has inadequate water
or sanitary sewer service; or the service will become inadequate
within one year; or
5. That the area proposed for annexation has existing City of
Ashland water or sanitary sewer service extended, connected, and
in use, and a signed "consent to annexation" agreement has been
filed and accepted by the City of Ashland; or
6. That the lot or lots proposed for annexation are an "island"
completely surrounded by lands within the city limits.
18.106.040 Boundaries. When an annexation is initiated by a private individual, the
Staff Advisor may include other parcels of property in the proposed annexation to
make a boundary extension more logical and to avoid parcels of land which are not
incorporated but are partially or wholly surrounded by the City of Ashland. The Staff
Advisor, in a report to the Commission and Council, shall justify the inclusion of any
parcels other than the parcel for which the petition is filed. The purpose of this section
is to permit the Planning Commission and Council to make annexations extending the
City's boundaries more logical and orderly.
18.106.050 Statutory procedure. The applicant for the annexation shall also declare
which procedure under ORS 222 the applicant proposes that the Council use, and
supply evidence that the approval through this procedure is likely.
Revised February 1996
Title 18 Page 186
Chaoter 4.16
SYSTEMS DEVELOPMENT ANNEXATION CHARGES
(Chapter 4.16 Repealed by Ord. 2634, 1991 effective June 30, 1991)
Revised June 1993
Title 4 Page 6
ORDINANCE NO. :?tP:3'1
AN ORDINANCE AMENDING CHAPTER 4.20 OF THE ASHLAND
MUNICIPAL CODE RELATIVE TO SYSTEMS DEVELOPMENT
CHARGES.
WHEREAS, the 1989 Session of the Oregon Legislature has enacted a
new State Law relating to system development charges;
and
WHEREAS, the city's system development charges used after July 1,
1991 must meet certain requirements incorporated in the
state law; and
WHEREAS, the City of Ashland has undertaken a complete review of
its system development charges in order to insure their
compliance with state law; and
WHEREAS, it is important to the city that costs of growth are
equitably and rationally shared by new growth and
development activities.
NOW THEREFORE THE CITY OF ASHLAND DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.20 of the Ashland Municipal Code is hereby
amended in its entirety and shall read as follows:
.
Sections:
4.'20.010
4.20.020
4.20.030
4.20.040
4.20.050
4.20.060
4.20.070
4.20.080
4.20.085
4.20.090
4.20.100
4.20.110
4.20.120
"Chapter 4.20
SYSTEMS DEVELOPMENT CHARGES
Definitions
Purpose
Scope
systems Development Charge Established
Methodology
Compliance with State Law
Collection of Charge
Exemptions
Deferrals for Affordable Housing
Credits
Appeal Procedures
Prohibited Connection
Enforcement
4.20.010 Definitions. The following words and phrases, as used
in chapter 4.20 of the Ashland Municipal Code, have the following
definitions and meanings:
Revised June 6, 1991
1
A. Capital Improvement(s). Public facilities or assets used for
any of the following:
1. Water supply, treatment and distribution;
2. Sanitary sewers, including collection, transmission and
treatment;
3. Storm sewers, including drainage and flood control;
4. Transportation, including but not limited to streets,
sidewalks, bike lanes and paths, street lights, traffic signs and
signals, street trees, public transportation, vehicle parking,
and bridges; or
5. Parks and recreation, including but not limited to mini-
neighborhood parks, neighborhood parks, community parks, public
open space and trail systems, buildings, courts, fields and other
like facilities.
B. Development. As used in sections 4.20.020 through 4.20.090
means constructing or enlarging a building or adding facilities,
or making a physical change in the use of a structure or land,
which increases the usage of any capital improvements or which
will contribute to the need for additional or enlarged capital
improvements.
c. Public Improvement Charqe. A fee for costs associated with
capital improvements to be constructed after the effective date
of this ordinance. This term shall have the same meaning as the
term "improvement fee" as used in QRS 223.297 through 223.314.
D. Qualified Public Improvements. A capital improvement that is
required as a condition of development approval; and is
identified in the plan adopted pursuant to Subsection 2.20.060B.
However, it does not include improvements sized or established to
meet only the demands created by a development.
E. Reimbursement Fee. A fee for costs associated with capital
improvements constructed or under construction on the date the
fee is adopted pursuant to section 4.20.040.
F. Svstems Development Charqe. A reimbursement fee, a public
improvement charge or a combination thereof assessed or collected
at any of the times specified in section 4.20.070. It shall not
include connection or hook-up fees for sanitary sewers, storm
drains or water lines, since such fees are designed by the City
only to reimburse the city for the costs for such connections.
Nor shall the SDC include costs for capital improvements which by
city policy and State statute are paid for by assessments or fees
in lieu of assessments for projects of special benefit to a
property.
4.20.020 Purpose. The purpose of the systems development charge
(SDC) is to impose an equitable share of the public costs of
Revised June 6, 1991
2
capital improvements upon those developments that create the need
for or increase the demands on capital improvements.
4.20.030 Scope. The systems development charge imposed by
Chapter 4.20 is separate from and in addition to any applicable
tax, assessment, charge, fee in lieu of assessment, or fee
otherwise provided by law or imposed as a condition of
development. A systems development charge is to be considered in
the nature of a charge for service rendered or facilities made
available, or a charge for future services to be rendered on
facilities to be made available in the future.
4.20.040 Systems Development Charqe Established. A. Unless
otherwise exempted by the provisions of this Chapter or other
local or state law, a systems development charge is hereby
imposed upon all development within the City; and all development
outside the boundary of the city that connects to or otherwise
uses the sanitary sewer system, storm drainage system or water
system of the City. The City Administrator is authorized to make
interpretations of this Section, subject to appeal to the City
Council.
B. systems development charges for each type of capital
improvement may be created through application of the
methodologies described in section 4.20.050 of this code. The
amounts of each system development charge shall be adopted
initially by council resolution following a public hearing.
changes in the amounts shall also be adopted by resolution
following a public hearing, except changes resulting solely from
inflationary cost impacts. Inflationary cost impacts shall be
measured and calculated each January by the City Administrator
and charged accordingly. Such calculations will be based upon
changes in the Engineering News Record Construction Index (ENR
Index) for Seattle, Washington.
4.20.050 Methodoloqv. A. The methodology used to establish a
reimbursement fee shall consider the cost of then-existing
facilities, prior contributions by then-existing users, the value
of unused capacity, rate-making principles employed to finance
pUblicly-owned capital improvements, and other relevant factors.
The methodology shall promote the objective that future systems
users shall contribute an equitable share of the cost of then-
existing facilities.
B. The methodology used to establish the public improvement
charge shall consider the cost of projected capital improvements
needed to increase the capacity of the systems to which the fee
is related and shall provide for a credit against the public
improvement charge for the construction of any qualified public
improvement.
Revised June 6, 1991
3
C. The methodology shall also provide for a credit as authorized
in Subsection 4.20.090.
D. Except when authorized in the methodology adopted under
Subsection 4.20.050A, the fees required by this Code which are
assessed or collected as part of a local improvement district or
a charge in lieu of a local improvement district assessment, or
the cost of complying with requirements or conditions imposed by
a land use decision are separate from and in addition to the
systems development charge and shall not be used as a credit
against such charge.
E. The methodologies used to establish the systems development
charge shall be adopted by resolution of the Council following a
public hearing. The specific systems development charge may be
adopted and amended concurrent with the establishment or revision
of the systems development charge methodology. The City
Administrator shall review the methodologies established under
this section every three (3) years, and shall recommend
amendments, if and as needed, to the Council for its action.
F. The formulas and calculations used to compute specific
systems development charges are based upon averages and typical
conditions. Whenever the impact of individual developments
present special or unique situations such that the calculated fee
is grossly disproportionate to the actual impact of the
development, alternative fee calculations may be approved or
required by the City Administrator under administrative
procedures prescribed by the City Council. All data submitted to
support alternate calculations under this provision shall be site
specific. Major or unique developments may require special
analyses to determine alternatives to the standard methodology.
G. When an appeal is filed challenging the methodology adopted
by the City Council, the city Administrator shall prepare a
written report and recommendation within twenty (20) working days
of receipt for presentation to the Council at its next regular
meeting. The council shall by resolution, approve, modify or
reject the report and recommendation of the City Administrator,
or may adopt a revised methodology by resolution, if required.
Any legal action contesting the City Council's decision in the
appeal shall be filed within sixty (60) days of the Council's
decision.
4.20.060 Compliance with State Law. A. The revenues received
from the systems development charges shall be budgeted and
expended as provided by state law. Such revenues and
expenditures shall be accounted for as required by state law.
Their reporting shall be included in the City's Comprehensive
Annual Financial Report required by ORS Chapter 294.
Revised June 6, 1991
4
B. The capital improvement plan required by state law as the
basis for expending the public improvement charge component of
systems development charge revenues shall be the Ashland Capital
Improvements Plan (CIP), and the CIP of any other governmental
entity with which the City has a cooperative agreement for the
financing of commonly-used public improvements by the collection
of systems development charges, provided the plan is based on
methodologies conforming with state Law and is consistent with
the City's CIP and the City's Comprehensive Plan.
4.20.070 Collection of Charqe. A. The systems development
charge is payable upon, and as a condition of, issuance of:
1. A building or plumbing permit for a development; or
2. A permit for a development not requiring the issuance of
a building permit; or
3. A permit or other authorization to connect to the water,
sanitary sewer or storm drainage systems.
B. If development is commenced or connection is made to the
water system, sanitary sewer system or storm sewer system without
an appropriate permit, the systems development charge is
immediately payable upon the earliest date that a permit was
required, and it will be unlawful for anyone to continue with the
construction or use constituting a development until the charge
has been paid or payment secured to the satisfaction of the City
Administrator.
C. Any and all persons causing a development or making
application for the needed permit, or otherwise responsible for
the development, are jointly and severally obligated to pay the
charge, and the City Administrator may collect the said charge
from any of them. The city Administrator or his/her designee
shall not issue any permit or allow connections described in
Subsection 4.20.070A until the charge has been paid in full or
until an adequate secured arrangement for its payment has been
made, within the limits prescribed by resolution of the city
Council.
D. A systems development charge shall be paid in cash when due,
or in lieu thereof, the City Administrator may accept the
delivery of a written agreement to pay if the written agreement
is secured by collateral satisfactory to the city Administrator
or his/her designee. The collateral may consist of mortgage or
trust deeds of real property, or an agreement secured by surety
bond issued by a corporation licensed by a State law to give such
undertakings, or by cash deposit, letter of credit, or other like
security acceptable to the City Administrator.
E. A person may apply to pay the systems development charge in
installments to the extent provided by State Law.
Revised June 6, 1991
5
F. During the first year after the adoption of this chapter, the
charges shall not exceed one-third (1/3) of the amount prescribed
by the methodology; during the second year the charges shall not
exceed two-thirds (2/3); and thereafter, the charges shall not
exceed the amount prescribed by the resolution adopting the
methodology.
4.20.080 Exemptions. The conditions under which all or part of
the systems development charges imposed in section 4.20.040 may
be waived are as follows:
A. Any development for which a water or sewer systems
development charge was paid and which had a subdivision agreement
approved prior to the date of the adoption of this ordinance is
exempt from systems development charges if the development occurs
within three (3) years from the date of adoption of this
ordinance. If the development occurs after said period of three
years, the transportation, parks, and storm drainage portions
shall be assessed in full, and a credit shall be given for the
amount paid, which shall be applied to the system development
charges owed hereunder.
B. Housing for low-income or elderly persons which is exempt
from real property taxes under state law.
4.20.085 Deferrals for Affordable Housinq. The systems
development charge for the development of qualified affordable
housing under the city's affordable housing laws, shall be
deferred until the transfer of ownership to an ineligible buyer
occurs. Said systems development charges shall be secured by a
second mortgage acceptable to the city, bearing interest at not
less than five (5) percent per annum. Accrued interest and
principal shall be due on sale to an ineligible buyer.
4.20.090 Credits. A. When development occurs that gives rise
to a system development charge under section 4.20.040 of this
Chapter, the system development charge for the existing use shall
be calculated and if it is less than the system development
charge for the proposed use, the difference between the system
development charge for the existing use and the system
development charge for the proposed use shall be the system
development charge required under section 4.20.040. If the
change is use results in the systems development charge for the
proposed use being less than the system development charge for
the existing use, no system development charge shall be required;
however, no refund or credit shall be given.
B. The limitations on the use of credits contained in this
Subsection shall not apply when credits are otherwise given under
section 4.20.090. A credit shall be given for the cost of a
qualified public improvement associated with a development. If a
Revised June 6, 1991
6
qualified public improvement is located partially on and
partially off the parcel of land that is the subject of the
approval, the credit shall be given only for the cost of the
portion of the improvement not attributable wholly to the
development. The credit provided for by this Subsection shall be
only for the public improvement charge charged for the type of
improvement being constructed and shall not exceed the public
improvement charge even if the cost of the capital improvement
exceeds the applicable public improvement charge.
C. Applying the methodology adopted by resolution, the City
Administrator shall grant a credit against the public improvement
charge, the reimbursement fee, or both, for a capital improvement
constructed as part of the development that reduces the
development's demand upon existing capital improvements or the
need for future capital improvements or that would otherwise have
to be provided at City expense under then-existing Council
policies.
D. Credits for additions to dedicated park land, or development
of planned improvements on dedicated park land, shall only be
granted by the city Administrator upon recommendation by the Park
and Recreation commission for land or park development projects
identified in the Capital Improvement Plan, referred to in
section 4.20.060(B).
E. When annexation systems development charges have been paid
prior to the effective date of this chapter, a credit shall be
given for the systems development charge required hereunder.
F. In situations where the amount of credit exceeds the amount
of the system development charge, the excess credit is not
transferable to another development. It may be transferred to
another phase of the original development.
G. Credit shall not be transferable from one type of capital
improvement to another.
4.20.100
"working
are open
Appeal Procedures. A. As used in this section
day" means a day when the general offices of the
to transact business with the public.
city
B. A person aggrieved by a decision required or permitted to be
made by the city Administrator or his/her designee under Section
4.20.010 through 4.20.090 or a person challenging the propriety
of an expenditure of systems development charge revenues may
appeal the decision or expenditure by filing a written request
with the City Recorder for consideration by the City Council.
Such appeal shall describe with particularity the decision or the
expenditure from which the person appeals and shall comply with
Subsection D. of this section.
Revised June 6, 1991
7
C. An appeal of an expenditure must be filed within two years of
the date of alleged improper expenditure. Appeals of any other
decision must be filed within 10 working days of the date of the
decision.
D.
The
1.
2.
3.
4.
appeal shall state:
The name and address of the appellant;
The nature of the determination being appealed;
The reason the determination is incorrect; and
What the correct determination should be.
An appellant who fails to file such a statement within the time
permitted waives his/her objections, and his/her appeal shall be
dismissed.
E. Unless the appellant and the city agree to a longer period,
an appeal shall be heard within 30 days of the receipt of the
written appeal. At least 10 working days prior to the hearing,
the City shall mail notice of the time and location thereof to
the appellant.
F. The City Council shall hear and determine the appeal on the
basis of the appellant's written statement and any additional
evidence he/she deems appropriate. At the hearing, the appellant
may present testimony and oral argument personally or by counsel.
The city may present written or oral testimony at this same
hearing. The rules of evidence as used by courts of law do not
apply.
G. The appellant shall carry the burden of proving that the
determination being appealed is incorrect and what the correct
determination should be.
H. The city Council shall render its decision within 15 days
after the hearing date and the decision of the Council shall be
final. The decision shall be in writing but written findings
shall not be made or required unless the Council in its
discretion, elects to make findings for precedential purposes.
Any legal action contesting the council's decision on the appeal
shall be filed within 60 days of the Council's decision.
4.20.110 Prohibited Connection. After the effective date of
this chapter, no person may connect any premises for service, or
cause the same to be connected, to any sanitary sewer, water
system, or storm sewer system of the City unless the appropriate
systems development charge has been paid or payment has been
secured as provided in this chapter.
4.20.120 Enforcement. Any service connected to the City water,
sewer or storm sewer system after the effective date of this
chapter for which the fee due hereunder has not been paid as
Revised June 6, 1991
8
required or an adequate secured arrangement for its payment has
been made, is subject to termination of service under the City's
utility disconnect policy.
SECTION 2. This Ordinance shall become effective at the time
prescribed by charter or as soon thereafter as the resolutions
adopting methodologies, plans and other required provisions have
been adopted; and upon the effective date of this ordinance, and
any funds collected pursuant to the previous systems development
charges chapter shall be transferred to general capital
improvements in the Capital Improvement Fund.
SECTION 3. Chapter 4.16 of the Ashland Municipal Code is repealed as
of June 30, 1991.
The foregoing ordinance was first read by title only in accordance
with Article X, section 2(C) of the City Charter on the 21st day of
Mav, 1991, and duly PASSED and ADOPTED this ~ day of June, 1991.
~ ~'~~-A:g~.~
Nan E.' Franklin
City Recorder
/' 7.1-
SIGNED and APPROVED this day of
,
rp<-J2--
, 1991.
/;( ) &J.
/c"'': /(/___,_~ 71_",., /,"_~? L,...
'Catherine M. Golden
Mayor
Revised June 6, 1991
9
ORDINANCE NO. c?67tJ
AN ORDINANCE AMENDING CHAPTER 4.20 OF THE ASHLAND MUNICIPAL CODE
RELATIVE TO SYSTEMS DEVELOPMENT CHARGES AND REPEALING ORDINANCE
2634.
WHEREAS, the 1989 Session of the Oregon Legislature has enacted a new
State Law relating to system development charges; and
WHEREAS, the City's system development charges used after July 1, 1991
must meet certain requirements incorporated in the state law;
and
WHEREAS, the city of Ashland has undertaken a complete review of its
system development charges in order to insure their
compliance with state law; and
WHEREAS, it is important to the City that costs of growth are
equitably and rationally shared by new growth and development
activities.
NOW THEREFORE THE CITY OF ASHLAND DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.20 of the Ashland Municipal Code is hereby
amended in its entirety and shall read as follows:
sections:
4.20.010
4.20.020
4.20.030
4.20.040
4.20.050
4.20.060
4.20.070
4.20.080
4.20.085
4.20.090
4.20.100
4.20.110
4.20.120
4.20.130
"Chapter 4.20
SYSTEMS DEVELOPMENT CHARGES
Definitions
Purpose
scope
Systems Development Charge Established
Methodology
Compliance with State Law
Collection of Charge
Exemptions
Deferrals for Affordable Housing
Credits
Appeal Procedures
Prohibited Connection
Enforcement
Repealer
4.20.010 Definitions. The
Chapter 4.20 of the Ashland
definitions and meanings:
following words and phrases, as used in
Municipal Code, have the following
cc\new.ord\sdc
3
A. Capital Improvement(s). Public facilities or assets used for any
of the following:
1. Water supply, treatment and distribution;
2. Sanitary sewers, including collection, transmission and
treatment;
3. Storm sewers, including drainage and flood control;
4. Transportation, including but not limited to streets,
sidewalks, bike lanes and paths, street lights, traffic signs and
signals, street trees, public transportation, vehicle parking, and
bridges; or
5. Parks and recreation, including but not limited to mini-
neighborhood parks, neighborhood parks, community parks, public open
space and trail systems, buildings, courts, fields and other like
facilities.
B. Development. As used in sections 4.20.020 through 4.20.090 means
constructing or enlarging a building or adding facilities, or making a
physical change in the use of a structure or land, which increases the
usage of any capital improvements or which will contribute to the need
for additional or enlarged capital improvements.
C. Public Improvement Charqe. A fee for costs associated with
capital improvements to be constructed after the effective date of
this ordinance. This term shall have the same meaning as the term
"improvement fee" as used in ORS 223.297 through 223.314.
D. Qualified Public Improvements. A capital improvement that is
required as a condition of development approval; and is identified in
the plan adopted pursuant to Subsection 2.20.060B. However, it does
not include improvements sized or established to meet only the demands
created by a development.
E. Reimbursement Fee. A fee for costs associated with capital
improvements constructed or under construction on the date the fee is
adopted pursuant to section 4.20.040.
F. Systems Development Charqe. A reimbursement fee, a public
improvement charge or a combination thereof assessed or collected at
any of the times specified in section 4.20.070. It shall not include
connection or hook-up fees for sanitary sewers, storm drains or water
lines, since such fees are designed by the city only to reimburse the
City for the costs for such connections. Nor shall the SDC include
costs for capital improvements which by City policy and State statute
are paid for by assessments or fees in lieu of assessments for
projects of special benefit to a property.
4.20.020 Purpose. The purpose of the systems development charge
(SDC) is to impose an equitable share of the public costs of capital
improvements upon those developments that create the need for or
increase the demands on capital improvements.
cc\new.ord\sdc
4
4.20.030 Scope. The systems development charge imposed by Chapter
4.20 is separate from and in addition to any applicable tax,
assessment, charge, fee in lieu of assessment, or fee otherwise
provided by law or imposed as a condition of development. A systems
development charge is to be considered in the nature of a charge for
service rendered or facilities made available, or a charge for future
services to be rendered on facilities to be made available in the
future.
4.20.040 Systems Development Charqe Established. A. Unless
otherwise exempted by the provisions of this Chapter or other local or
state law, a systems development charge is hereby imposed upon all
development within the city; and all development outside the boundary
of the city that connects to or otherwise uses the sanitary sewer
system, storm drainage system or water system of the City. The City
Administrator is authorized to make interpretations of this Section,
subject to appeal to the City Council.
B. systems development charges for each type of capital improvement
may be created through application of the methodologies described in
section 4.20.050 of this code. The amounts of each system development
charge shall be adopted initially by Council resolution following a
public hearing. Changes in the amounts shall also be adopted by
resolution following a public hearing, except changes resulting solely
from inflationary cost impacts. Inflationary cost impacts shall be
measured and calculated each January by the City Administrator and
charged accordingly. Such calculations will be based upon changes in
the Engineering News Record Construction Index (ENR Index) for
Seattle, Washington.
4.20.050 Methodoloqy. A. The methodology used to establish a
reimbursement fee shall consider the cost of then-existing facilities,
prior contributions by then-existing users, the value of unused
capacity, rate-making principles employed to finance pUblicly-owned
capital improvements, and other relevant factors. The methodology
shall promote the objective that future systems users shall contribute
an equitable share of the cost of then-existing facilities.
B. The methodology used to establish the public improvement charge
shall consider the cost of projected capital improvements needed to
increase the capacity of the systems to which the fee is related and
shall provide for a credit against the public improvement charge for
the construction of any qualified public improvement.
C. The methodology shall also provide for a credit as authorized in
Subsection 4.20.090.
D. Except when authorized in the methodology adopted under Subsection
4.20.050A, the fees required by this Code which are assessed or
collected as part of a local improvement district or a charge in lieu
of a local improvement district assessment, or the cost of complying
with requirements or conditions imposed by a land use decision are
cc\new.ord\sdc
5
separate from and in addition to the systems development charge and
shall not be used as a credit against such charge.
E. The methodologies used to establish the systems development charge
shall be adopted by resolution of the Council following a public
hearing. The specific systems development charge may be adopted and
amended concurrent with the establishment or revision of the systems
development charge methodology. The City Administrator shall review
the methodologies established under this section every three (3)
years, and shall recommend amendments, if and as needed, to the
Council for its action.
F. The formulas and calculations used to compute specific systems
development charges are based upon averages and typical conditions.
Whenever the impact of individual developments present special or
unique situations such that the calculated fee is grossly
disproportionate to the actual impact of the development, alternative
fee calculations may be approved or required by the City Administrator
under administrative procedures prescribed by the City Council. All
data submitted to support alternate calculations under this provision
shall be site specific. Major or unique developments may require
special analyses to determine alternatives to the standard
methodology.
G. When an appeal is filed challenging the methodology adopted by the
City Council, the City Administrator shall prepare a written report
and recommendation within twenty (20) working days of receipt for
presentation to the Council at its next regular meeting. The council
shall by resolution, approve, modify or reject the report and
recommendation of the City Administrator, or may adopt a revised
methodology by resolution, if required. Any legal action contesting
the City Council's decision in the appeal shall be filed within sixty
(60) days of the Council's decision.
4.20.060 Compliance with state Law. A. The revenues received from
the systems development charges shall be budgeted and expended as
provided by state law. Such revenues and expenditures shall be
accounted for as required by state law. Their reporting shall be
included in the City's Comprehensive Annual Financial Report required
by ORS Chapter 294.
B. The capital improvement plan required by state law as the basis
for expending the public improvement charge component of systems
development charge revenues shall be the Ashland Capital Improvements
Plan (CIP), and the CIP of any other governmental entity with which
the City has a cooperative agreement for the financing of commonly-
used public improvements by the collection of systems development
charges, provided the plan is based on methodologies conforming with
state Law and is consistent with the City's CIP and the city's
Comprehensive Plan.
cc\new.ord\sdc
6
4.20.070 Collection of Charqe. A. The systems development charge is
payable upon, and as a condition of, issuance or approval of:
1. A building or plumbing permit for a development; or
2. A permit for a development not requiring the issuance of a
building permit; or
3. A permit or other authorization to connect to the water,
sanitary sewer or storm drainage systems.
4. a planning action or change in occupancy (as defined in the
Uniform Building Code) that will increase the demands on any pUblic
facility for which systems development charges are charged.
B. If development is commenced or connection is made to the water
system, sanitary sewer system or storm sewer system without an
appropriate permit, the systems development charge is immediately
payable upon the earliest date that a permit was required, and it will
be unlawful for anyone to continue with the construction or use
constituting a development until the charge has been paid or payment
secured to the satisfaction of the City Administrator.
C. Any and all persons causing a development or making application
for the needed permit, or otherwise responsible for the development,
are jointly and severally obligated to pay the charge, and the City
Administrator may collect the said charge from any of them. The city
Administrator or his/her designee shall not issue any permit or allow
connections described in Subsection 4.20.070A until the charge has
been paid in full or until an adequate secured arrangement for its
payment has been made, within the limits prescribed by resolution of
the City Council.
D. A systems development charge shall be paid in cash when due, or in
lieu thereof, the city Administrator may accept the delivery of a
written agreement to pay if the written agreement is secured by
collateral satisfactory to the city Administrator or his/her designee.
The collateral may consist of mortgage or trust deeds of real
property, or an agreement secured by surety bond issued by a
corporation licensed by a State law to give such undertakings, or by
cash deposit, letter of credit, or other like security acceptable to
the City Administrator.
E. A person may apply to pay the systems development charge in
installments to the extent provided by State Law.
F. During the first year after the adoption of this chapter, the
charges shall not exceed one-third (1/3) of the amount prescribed by
the methodology; during the second year the charges shall not exceed
two-thirds (2/3); and thereafter, the charges shall not exceed the
amount prescribed by the resolution adopting the methodology.
4.20.080 Exemptions. The conditions under which all or part of the
systems development charges imposed in section 4.20.040 may be waived
are as follows:
cc\new.ord\sdc
7
A. Any development for which a water or sewer systems development
charge was paid and which had a subdivision agreement approved prior
to the date of the adoption of this ordinance is exempt from systems
development charges if the development occurs within three (3) years
after July 1, 1991. If the development occurs after said period of
three years, the transportation, parks, and storm drainage portions
shall be assessed in full, and a credit shall be given for the amount
paid, which shall be applied to the system development charges owed
hereunder.
B. Housing for low-income or elderly persons which is exempt from
real property taxes under state law.
4.20.085 Deferrals for Affordable Housinq.
A. The systems development charge for the development of qualified
affordable housing under the City's affordable housing laws, shall be
deferred until the transfer of ownership to an ineligible buyer
occurs. Said systems development charges shall be secured by a second
mortgage acceptable to the City, bearing interest at not less than
five (5) percent per annum. Accrued interest and principal shall be
due on sale to an ineligible buyer.
B. The systems development charge and second mortgage for the
development of qualified affordable housing shall terminate twenty
(20) years after the issuance of a certificate of occupancy if the
housing unites) have continued to meet the affordable housing
requirements during the twenty (20) year period.
4.20.090 Credits.
A. When development occurs that gives rise to a system development
charge under section 4.20.040 of this Chapter, the system development
charge for the existing use shall be calculated and if it is less than
the system development charge for the proposed use, the difference
between the system development charge for the existing use and the
system development charge for the proposed use shall be the system
development charge required under section 4.20.040. If the change is
use results in the systems development charge for the proposed use
being less than the system development charge for the existing use, no
system development charge shall be required; however, no refund or
credit shall be given.
B. The limitations on the use of credits contained in this Subsection
shall not apply when credits are otherwise given under section
4.20.090. A credit shall be given for the cost of a qualified public
improvement associated with a development. If a qualified public
improvement is located partially on and partially off the parcel of
land that is the subject of the approval, the credit shall be given
only for the cost of the portion of the improvement not attributable
wholly to the development. The credit provided for by this Subsection
shall be only for the public improvement charge charged for the type
cc\new.ord\sdc
8
of improvement being constructed and shall not exceed the pUblic
improvement charge even if the cost of the capital improvement exceeds
the applicable public improvement charge.
C. Applying the methodology adopted by resolution, the city
Administrator shall grant a credit against the public improvement
charge, the reimbursement fee, or both, for a capital improvement
constructed as part of the development that reduces the development's
demand upon existing capital improvements or the need for future
capital improvements or that would otherwise have to be provided at
city expense under then-existing council policies.
D. Credits for additions to dedicated park land, or development of
planned improvements on dedicated park land, shall only be granted by
the City Administrator upon recommendation by the Park and Recreation
commission for land or park development projects identified in the
Capital Improvement Plan, referred to in section 4.20.060(B).
E. When annexation systems development charges have been paid prior
to the effective date of this chapter, a credit shall be given for the
systems development charge required hereunder.
F. In situations where the amount of credit exceeds the amount of the
system development charge, the excess credit is not transferable to
another development. It may be transferred to another phase of the
original development.
G. Credit shall not be transferable from one type of capital
improvement to another.
4.20.100 Appeal Procedures. A. As used in this section "working
day" means a day when the general offices of the City are open to
transact business with the public.
B. A person aggrieved by a decision required or permitted to be made
by the City Administrator or his/her designee under section 4.20.010
through 4.20.090 or a person challenging the propriety of an
expenditure of systems development charge revenues may appeal the
decision or expenditure by filing a written request with the City
Recorder for consideration by the city Council. Such appeal shall
describe with particularity the decision or the expenditure from which
the person appeals and shall comply with Subsection D. of this
section.
C. An appeal of an expenditure must be filed within two years of the
date of alleged improper expenditure. Appeals of any other decision
must be filed within 10 working days of the date of the decision.
D.
The
l.
2.
3.
appeal shall state:
The name and address of the appellant;
The nature of the determination being appealed;
The reason the determination is incorrect; and
cc\new.ord\sdc
9
4. What the correct determination should be.
An appellant who fails to file such a statement within the time
permitted waives his/her objections, and his/her appeal shall be
dismissed.
E. Unless the appellant and the City agree to a longer period, an
appeal shall be heard within 30 days of the receipt of the written
appeal. At least 10 working days prior to the hearing, the City shall
mail notice of the time and location thereof to the appellant.
F. The City Council shall hear and determine the appeal on the basis
of the appellant's written statement and any additional evidence
he/she deems appropriate. At the hearing, the appellant may present
testimony and oral argument personally or by counsel. The City may
present written or oral testimony at this same hearing. The rules of
evidence as used by courts of law do not apply.
G. The appellant shall carry the burden of proving that the
determination being appealed is incorrect and what the correct
determination should be.
H. The City Council shall render its decision within 15 days after
the hearing date and the decision of the Council shall be final. The
decision shall be in writing but written findings shall not be made or
required unless the Council in its discretion, elects to make findings
for precedential purposes. Any legal action contesting the Council's
decision on the appeal shall be filed within 60 days of the Council's
decision.
4.20.110 Prohibited Connection. After the effective date of this
chapter, no person may connect any premises for service, or cause the
same to be connected, to any sanitary sewer, water system, or storm
sewer system of the City unless the appropriate systems development
charge has been paid or payment has been secured as provided in this
chapter.
4.20.120 Enforcement. Any service connected to the City water, sewer
or storm sewer system after the effective date of this chapter for
which the fee due hereunder has not been paid as required or an
adequate secured arrangement for its payment has been made, is subject
to termination of service under the city's utility disconnect policy.
SECTION 2. This Ordinance shall become effective at the time
prescribed by charter or as soon thereafter as the resolutions
adopting methodologies, plans and other required provisions have been
adopted; and upon the effective date of this ordinance, and any funds
collected pursuant to the previous systems development charges chapter
shall be transferred to general capital improvements in the Capital
Improvement Fund.
cc\new.ord\sdc
10
.
, "
SECTION 3. Ordinance 2634 is repealed 30 days after the approval of
this ordinance.
The foregoing ordinance was first read by title only in accordance
with Article X, Section 2(C) of the city Charter on the 7th day of
April, 1992, and duly PASSED and ADOPTED this 21st day of April, 1992.
it t1!d3~ dd!~ e
ssell Chadick, h'
I.. '
ct1ng C1ty Recor r
SIGNED and APPROVED this
c/,3
day of
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Pat 1l:cklin
Acting Mayor
, 1992.
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Approved as to form:
~tJ~
Paul Nolte
City Attorney
cc\new.ord\sdc
11
Chapter 4.18
FILING FEES FOR VACATION OF PUBLIC PROPERTY
Sections:
4.18.010
4.18.020
4.18.030
4.18.040
4.18.050
Purpose.
Application.
Review by Planning Commission.
Public Hearing.
Action by Council.
4.18.010 Purpose. The purpose of this Chapter is to establish the procedure for
processing requests for the vacation of public rights-of-way and places, and to require
petitioners for vacation to deposit with the City Recorder a fee sufficient to cover the
cost of publication, posting and other anticipated expenses as authorized by ORS
271.080, et seq.
4.18.020 Apolication. Any person interested in filing a petition for the vacation of all or
part of any street, alley, or other public place, shall submit such petition in the form
prescribed by the City Engineer pursuant to ORS 271.080, and upon filing of the
petition shall deposit with the City Recorder a filing fee established by resolution of the
City Council. (Ord. 2654, 1991; Ord. 2742, 1994)
4.18.030 Review bv Plannina Commission. Upon receipt of the petition, the same
shall be referred to the City Engineer for a determination of whether it contains the
requested number of sworn signatures. The City Engineer shall return any petition not
meeting the requirements of ORS 271.080, together with the filing fee to the petitioner.
If the City Engineer determines that the petition is sufficient, it shall be referred to the
City Planning Commission for their review and recommendation to the City Council.
The Planning Commission shall submit its report to the City Council within sixty (60)
days of receipt. Upon receipt of the report by the Commission, or if no report is
received from the Commission upon the expiration of sixty (60) days, the City
Administrator shall set the matter for public hearing as set forth in ORS 271.100, et
seq.
4.18.040 Public Hearinas. Public hearings shall be held as set forth in ORS 271.120,
at which time the petitioner and all affected parties shall be afforded an opportunity to
present their views either orally or in writing. The report of the Planning Commission,
if any, shall be made a part of the record.
Title 4 Page 7
Revised June 1993
4.18.050 Action Bv Council. The City Council, after due consideration of testimony by
affected parties, and the report of the Planning Commission may approve, reject, or
modify the area proposed for vacation which in its sole judgment is deemed in the
public interest. (Ord. 216481, 1982).
Title 4 Page 8
Revised September 1994
1
222.524 Procedure for withdrawal of part of district from
district.:RF10. (1) If as authorized by OR8 222.520 the governing
body of the city elects to cause the withdrawal from a district named
in OR8 222.510 of that part of such district theretofore incorporated
in or annexed to the city, it shall hold a public hearing on the
question of such withdrawal. At the hearing, the governing body of
the city shall hear objections to the withdrawal and shall determine
whether such withdrawal is for the best interest of the city.
(2) The governing body shall fix a date, time and place for the
hearing and cause notice of the date, time, place and purpose of the
hearing to be published once each week for two successive weeks prior
to the date of the hearing in a newspaper of general circulation in
the city, and shall cause notices of the hearing to be posted in four
public places in the city for a like period.
(3) After the hearing, the governing body of the city may by
ordinance declare that the part of the district which was theretofore
incorporated as or annexed to the city is withdrawn from the
district.
(4) The ordinance referred to in subsection (3) of this section is
subject to referendum.
(5) The city may withdraw from all of such districts at the same
time in one proceeding under this section or may withdraw from each
district in separate proceedings at different times.
(6) The public hearing and ordinance referred to in this section may be
the same as the public hearing and ordinance in OR8 222.120.
[1957 c.401 :8.3; 1963 c.347 :8.3; 1965 c.509 :8.3; 1985 c.702 :8.14]
city of Ashland - updated 02-01-96
1
222.040 Delay of effective date of actions under this chapter
because of election; effective date of certain annexations and
transfers of territory.:RF10. (1) Notwithstanding any provision of
this chapter that provides a different effective date, an annexation,
transfer of territory, consolidation or merger under this chapter, or
any removal by a city by ordinance of a newly annexed area from a
special district, shall not become effective during the period:
(a) Beginning after the 90th day before a biennial primary election
or general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of election
before any other election held by any city, district or other
municipal corporation involved in the annexation, transfer of
territory, consolidation, merger or removal, and ending on the day
after the election.
(2) If the effective date established for an annexation,
transfer of territory, consolidation, merger or removal is a date that is
prohibited under this section, the annexation, transfer of territory,
consolidation, merger or removal shall become effective on the day after
the election.
(3) For the purposes of ORS 308.225 only, the effective date of an
annexation under ORS 222.180 shall be the date of filing of the
abstract referred to in ORS 222.180.
city of Ashland - updated 02-01-96
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ANNEXATION PROCEDURE:
2.
3 .
4.
5.
6.
7.
8.
Application
Commission.
for annexation of land to Planning
Planning Action. {.= f2'-E ~
9. City Recorder shall report to the County Clerk and
County Assessor of the county changes in the boundaries
of the city. The report shall contain a detailed legal
description of the new boundaries established by the
city. The report shall be filed by the city within 10
days from the effective date of the change of any
t~_ _ boundary lines. &""-' ':l60,.J J1..fd",C4'l,v'V\.. ,fD a,>~"i>S;Or -I-Ju:..,
~~. ~"'"
~ ~. City Recorder shall transmit to the Secretary of State
/ Ii' a copy of the ordinance proclaiming the annexation. _
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Recommendation of Planning Action to City Council for
Public Hearing.
Approval/Denied of application by Council.
Findings, Conclusions, and Decisions adopted by
Council.
Denied: No further Action.
Approved: Survey Plat and Description of property to
be completed by applicant and submitted to Public
Works.
Ordinance placed on agenda with attached final Survey
Plat and Description of property for Council approval.
After 2nd reading and approval of Ordinance annexation
is effective after 30 days.
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April 4, 1996
Report of the Taxing DistridICounty Meeting of April 3, 1996
Present: Dan Ross, Ann Cacka, Peggy Morgan, Tim Burchfield and Donna Wold representing
Jackson County; Bob Parkison and Mike Hughes from Oregon Department of Revenue;
representatives from the City of Talent (Tony Paxton and Nancy Kincaid) and the City of Central
Point; Jim Krueger (BCVSA) and Dan Marshall (FD 5), Brenda Messmer and Jill (FD 3), Mark
Moran (FD 6), Phil Kessler and Bryan Flora (FD 2), Greg Winfrey (RRFD) and Brett Fillis (FD 9)
Ann Cacka opened the meeting by going over the proposed Taxing District Boundary Change
procedures. It was discussed what the Assessors Drafting Department would be checking for on
"II boundary change packages submitted to them for review.
a. legal descriptions
b. maps
c. underlying districts
The form compiled of those tax lots involved, the acreage, ODF protected acres and whether area
was bare ground or with improvements, was reviewed. It was suggested by Tony Paxton to also
include the assessed value for the land and improvements along with this other information. A
new copy of this revised form is enclosed reflecting this suggestion. Hopefully this change will
prove to be beneficial to all users.
Bob Par1<ison and Mike Hughes from the Oregon Department of Revenue handed out to all in
attendance a booklet entitled "Boundary Change Information" along with a handout covering some
laws, types of changes and what to look for in the legal description and maps submitted to them
for approval. Mike went over what the Department was looking for, some of the problems that
occur and what was their roll in any district boundary change. They fielded many questions from
the group, en lightning all of us.
Some of the questions discussed:
a. Why the DOR cannot change any of the documentation submitted to them, even though they
might know how to correct a problem - The Department cannotoo, I,iable for these changes, they
are strictly the districts responsiblity. ,', ".'
b. Why is acreage (value) of a bare piece of land put into a Rural Fire Protection District- Area
that lies within the boundaries of a fire district and is NOT covered by the state fire patrol, does not
go uncovered. That area of unprotected acreage will be levied under the rural code.
c. If a boundary change occurs by a vote of the people, whose sends that change to the DOR for
approval and gets that information to assessment for the tax change - We were unable to answer
this question during the meeting but in a later inquiry made to Kathy Beckett (County Cler1<) she
informed us that it was the districts responsibility to forward that change to the DOR and
assessment.
d. There were a few questions conceming the value of annexed properties and the increase of
tax for the owner.
e. When a city annexes property and withdraws from a district, that withdrawn district is not
getting notified of this change in some circumstances. This will hopefully be remedied by drafting
sending all withdrawn districts a copy of the change at the same time it notifies the newly annexed
district.
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ANNEXATION PROCEDURE:
1.
Application for annexation of land to Planning
commission. planning Action.
2 .
Applicant files a non-revocable consent to annex which
the Planning Department notarizes and sends to the
county for recording. (Original is given to city
Recorder for filing)
3.
Applicant signs an agreement to pay the annexation fee
required by AMC 4.16.020.
4.
Applicant signs an agreement to deposit an amount
sufficient to retire any outstanding indebtedness of
Public Service Districts defined in ORS 222.510. (AMC
4.14.020)
5.
Recommendation of Planning Action to city council for
Public Hearing.
6.
Approval/Denied of application by Council.
7.
Findings, Conclusions, and Decisions adopted by
council.
8.
Denied: No further Action.
9.
Approved: Survey Plat and Description of property to
be completed by applicant and submitted to Public
Works.
10.
Ordinance placed on agenda with attached final Survey
Plat and Description of property for Council approval.
11.
After 2nd reading and approval of Ordinance annexation
is effective after 30 days.
12.
City Recorder shall report to the County Clerk and
County Assessor of the county changes in the boundaries
of the city. The report shall contain a detailed legal
description of the new boundaries established by the
city. The report shall be filed by the city within 10
days from the effective date of the change of any
boundary lines.
13 .
City Recorder shall transmit to the Secretary of State
a copy of the ordinance proclaiming the annexation.
.'
April 4, 1996
Report of the Taxing District/County Meeting of April 3, 1996
Present: Dan Ross, Ann Cacka, Peggy Morgan, Tim Burchfield and Donn<! \'?Old representing
Jackson County; Bob Parl<ison and Mike Hughes from Oregon Department ofRevenue;
representatives from the City of Talent (Tony Paxton and Nancy Kincaid) and the City of Central
Point; Jim Krueger (BCVSA) and Dan Marshall (FD 5), Brenda Messmer and Jill (FD 3), Mark
Moran (FD 6), Phil Kessler and Bryan Flora (FD 2), Greg Winfrey (RRFD) and Brett Fillis (FD 9)
Ann Cacka opened the meeting by going over the proposed Taxing District Boundary Change
procedures. It was discussed what the Assessors Drafting Department would be checking for on
all boundary change packages submitted to them for review.
a. legal descriptions
b. maps
c. underlying districts
The fonn compiled of those tax lots involved, the acreage, ODF protected acres and whether area
was bare ground or with improvements, was reviewed. It was suggested by Tony Paxton to also
include the assessed value for the land and improvements along with this other infonnation. A
new copy of this revised fonn is enclosed reflecting this suggestion. Hopefully this change will
prove to be beneficial to all users.
Bob Par1<ison and Mike Hughes from the Oregon Department of Revenue handed out to all in
attendance a booklet entilied "Boundary Change Infonnation" along with a handout covering some
laws, types of changes and what to look for in the legal description and maps submitted to them
for approval. Mike went over what the Department was looking for, some of the problems that
occur and what was their roll in any district boundary change. They fielded many questions from
the group, enlightning all of us.
Some of the questions discussed:
a. Wny the DOR cannot change any of the documentation submitted to them, even though they
might know how to correct a problem - The Department cannot ~ I,iable for these changes, they
are strictly the districts responsiblity. ,', ".'
b. Wny is acreage (value) of a bare piece of land put into a Rural Fire Protection District - Area
that lies within the boundaries of a fire district and is NOT covered by the state fire patrol, does not
. . go uncovered. That area of unprotected acreage will be levied under the rural code.
c. If a boundary change occurs by a vote of the people, whose sends that change to the DOR for
approval and gets that infonnation to assessment for the tax change - We were unable to answer
this question during the meeting but in a later inquiry made to Kathy Beckett (County Cler1<) she
infonned us that it was the districts responsibility to forward that change to the DOR and
assessment.
d. There were a few questions conceming the value of annexed properties and the increase of
tax for the owner.
e. Wnen a city annexes properly and withdraws from a district, that withdrawn district is not
getting notified of this change in some circumstances. This will hopefully be remedied by drafting
sending all withdrawn districts a copy of the change at the same time it notifies the newly annexed
district.
"
It has been proposed to continue these taxing district/county meetings. The first one proved to be
very infonnative, with evllIYone going away leaming at least something new. 'A suggestion was
mede to possibly have another meeting prior to budget time (July 1 - July 15). Many might also
find it benefical to discuss Measure 5 and any possible Impacts it might have on your district. If
you have any ideas for any agenda or possible meeting times, please give Ann Cacka a call at
7JO 711;9 Or fax her at n6-7202 with your ideas. It has already been dete]'mined that there is a
need for the County Clerk (or her representative) to attend these meetings7 any others
suggestions let us know. .
Thank you to all that were in attendance for the April 3rd meeting. It was very nice to meet meny
of you that I have only had the pleasure of talking with over the phone. I have great hopes that if
nothing more is derived from these meetings, we have at least achieved a line of communication
between our agencies and a working relationship. I will be sending you all a notice for our next
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January 26, 1996
'<fio: Keith Woodley, Fire Chief
Jff rom: James H. Olson, Acting Public Works Director
~uhjed: Annexation Report
The Fngineering Division can easily provide Jackson County GJ.S. with the attached information form. It is
similar to information, which I believe, BaIbara Christensen is now disseminating to other agencies. A copy of
the form is being provided to Barbara for informational purposes.
cc: Barbara Christensen
(c: \enginecr\anexftre.mem)
ASHLAND FIRE & RESCUE
MEMO
January 26, 1996
\oJ.~ ~ ~ u ~ ~ ~
t~\ Jf1N '[ ~
C\1'1' Of ASHLAND
TO: . Jim
FROM: Keith ,:J
SUBJECT: Jackson County GIS Services
Jackson County GIS is completing the preparatory GIS work for
enabling US West to implement E-9ll within the Rogue Valley. They have requested of the
City of Ashland, to be notified via the attached form anytime an annexation occurs. In
discussions with Linda Hoggatt, we are trying to determine a "fail-safe" method to insure
Jackson County GIS is notified on all annexations. It seemed to me that Engineering would
always be aware of pending annexations. Please look over the GIS report form and let me
know if Engineering could fulfill this requirement of Jackson County. Currently, the city fire
and police departments do not extend any contracts outside the city limits, so any service
provider changes would only be created by annexations.
JACKSON COUNTY OREGON
10 s. OAKDALE . MEDFORD. OREGON 97501
GIS SERVICES
KERRYl, LAY
MANAGER
(541) 776-7562
FAX: (5411776-711B
Notice of Agreement to Provide or Retract Public Safety Services
1. Identify the type of action you are reporting:
_ Existing Agreement/Contract - Currently in place
~ New Agreement/Contract - Effective date
_ Terminated Agreement/Contract - Effective date
New Annexation - Effect date
2. Name of agency
3. Agency contact
4. Name of parties to agreement (optional)
5. Check here if property has no structures and is NOT addressed
6. Address ofproperty(s)
7. Additional information
PLEASE TRY TO PROVIDE US WITH THE MAP AND TAX LOT NUMBERS AS WELL
AS THE ADDRESS.
Please return form to:
Jackson County GIS Services
ATT: Connie Foland and Amanda Loop
10 South Oakdale Avenue
Medford, OR 97501
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 2, 1995
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. Councilors
Laws, Reid, Hauck, Hagen, Winthrop and Thompson were present.
APPROVAL OF MINUTES
The Minutes of the Regular meeting of April 18, 1995 were accepted as amended with the following:
Page 1, Mayor's Appointments, paragraph 2: should state appointees serving more than two "terms" rather
than "years".
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Mayor and Council's annual James M. Ragland "Volunteer Spirit" Community
Service A ward.
Donna Daniels was presented with the James M. Ragland Memorial "Volunteer Spirit" Community Service
Award by Mayor Golden.
2. Mayor's proclamation designating the week of May 1+20 as "National Emergency Medical
Services Week".
Mayor Golden read proclamation designating "National Emergency Services Week" which encouraged the
community to observe this week by recognizing the cooperative efforts of Ashland's emergency medical
services teams.
3. Mayor's proclamation designating the week of May 14-20 as "National Historic Preservation
Week".
Mayor Golden read proclamation designating "National Historic Preservation Week" which called upon the
people of Ashland to recognize and participate in this observance.
CONSENT AGENDA:
1. Minutes of Boards, Commi~ions and Committees.
2. Departmental Reports for March and April, 1995.
3. Memorandum from Director of Public Works regarding public hearing on May 16 by DEQ on
Ashland WWTP upgrade.
4. Letter from State Division of Audits congratulating the City of Ashland for receipt of GFOA
"Certificate of Excellence in Financial Reporting" from 1993-94 Annual Audit.
5. Quarterly Financial Report ending March, 1995.
Councilors WinthroplHagen mls approval of Consent Agenda. Voice vote: aU ayes. Motion passed.
1
!'UBLIC HEARINGS
L Request to amend the Procedures Chapter 18.108 of the Land Use Ordinance; reconciling other
sections of the Land Use Ordinance and the Municipal Code to these amendments; amending the
appeals process and making the Planning Commission the final decision maker on most land-use
decision; amending the variance criteria and other sections in the Land Use Ordinance; and
repealing Resolutions 73-38 and 88-20.
Planning Director John McLaughlin spoke regarding how the process of this amendment to the Land Use
Ordinance started from the Council goal setting session when Planning was asked to clarify the process and
limit the appeals that come before the Council in an attempt to reduce Council workload, expedite the
process, making it a clear, more objective process. Planning Department looked at the procedures and took
all the actions that are quasi-judicial in nature, all actions that are criteria based in there decisions, not
policy setting but criteria based on the ordinance and said that the Planning Commission would be the final
decision maker on the majority of these actions. The Planning Commission deals with similar actions on
monthly basis, and are trained to make these types of decisions. The Council would hear appeals on rone
changes and annexations that would involve actions on individual parcels. All other appeals would go to
LUBA after the Planning Commission decisions.
On policy matters of comprehensive plan map amendments, ordinance changes, things that are of major
consequence in how the city grows and develops in the future would come before the Council for final
decision. Clarification on issues were also made during this amendment procedure.
Handed out information on past appeals for the last 3 1/2 years; 10 appeals filed; 7 heard by council (3
decided by mediation or dismissed); 4 Type II's; 5 Type I's; 1 Building Permit; I appealed to LUBA (City
decisions sustained); 2 PC decisions overturned by Council (one based on a redesign by applicant).
Director McLaughlin asked Council for direction in regards to what they would like and not like to hear in
regards to the appeal process. The recommendation was that the Planning Commission make the final
decision on all quasi-judicial appeals.
Councilor Reid commented on not being able to hear new evidence. She felt people would compare it to
the legal system where someone who may be guilty, got off on a technicality. She feels it is the wrong to
deny new information in this process.
Director McLaughin explained that when there were appeals or an option should the council decide to hear
appeal, the recommendation was that these actions be heard "on the record". Right now on appeals, all
new information can be heard, the decision of the Planning Commission becomes a recommendation and
the hearing process begins over entirely new. All new information could then be presented and decision by
council is a completely separate decision from the Planning Commission. Recommendation is that the
Council hear all appeals "on the record", all issues and points would have to be raised before the Planning
Commission. There would still be a Public Hearing, but the testimony would have to be limited to items
already placed in evidence or testimony already received. He stated that if there are two sides to an issue
that are looking to be adversary, it would make both parties present their complete cases before the
Planning Commission. Knowing that there may be an appeal, one side could not present just a portion of
their evidence and come back to City Council to delay or expedite, by introducing new evidence,
addressing issues that are going to be raised, or raise new issues that they know developers could not
address at that meeting. The Planning Department position is that all issues be raised before the Planning
Commission so all would clear before coming to the Council. The Council decision then would be to
support the Planning Commission's decision, over-rule their decision, 'femand the Planning Commission
decision or make a decision with additional conditions based on evidence already on record. Planning felt
this would be a way of expediting the process, if everyone knew that all information that was going to be
heard, was in the Council packet.
2
Councilor Winthrop reported that there were several bills in the legislature that could effect opportunities to
appeal and how land use actions would be heard.
PUBLIC HEARING OPEN: 7:30 p.m.
Don Greene/37S Normal Ave/In favor of amendment to ordinance and feels that the Planning Department
has two distinct parts; 1) political process and 2) technical process.
Cate Hartzell/881 E. Main/In opposition of amendment to ordinance, feels mediation is significant along
with citizen involvement. This amendment forces the Planning Commission into a litigation situation.
Does not agree with explanation by Planning Department regarding history of appeals. Does not
understand why council feels this appeal process needs to be eliminated.
Jack Blackburn/80S Oak St/In opposition of amendment to ordinance and feels that the appeal process for
Type II should be kept. He would like to see the Council left in the appeal process .
Susan Hunt/220 Nutley/In opposition of amendment to ordinance she feels citizens should have access to
elected officials. Handed out letter from James Moore/1217 Park Street/also in opposition of ordinance
change.
Barbara Ryberg/373 Vista/In opposition of amendment to ordinance and brought with her a petition of 23
signatures stating that this amendment undermines the democratic process.
Debbie Miller/l60 Normal/In opposition of amendment to ordinance, feels that when appeal does not reach
Council it is not a complete process. She feels that the elected officials should have input and citizens
should be able to bring appeals to Council.
PUBLIC HEARING CLOSED: 7:53 p.m.
It was confirmed for Councilor Hauck that all Type III appeals come before the Council for final decision
and that one of the proposed changes would be that certain types under Type III would only come before
the Council if they were appealed, otherwise would remain with the Planning Commission.
Director McLaughlin clarified that Type III is any zone change, annexations, ordinance amendments, map
changes, neighborhood plans, site design standards, any kind of changes of this nature are all Type III.
What this proposed amendment would do is to divide these into two categories, Type III and Legislative
Amendments which would better reflect what the Oregon Statutes state.
Councilor Reid questioned City Attorney Paul Nolte regarding a letter received from Richard Cottle
commenting on the proposed procedure amendment.
Attorney Nolte stated that in the letter by Mr. Cottle he commented on a case evolved out of Jackson
County vs. Clark which changed land use as to how courts interpret local ordinances. Prior to this case the
courts said would interpret local ordinances. The Clark case states that; No, it is those that write the
ordinance, that can interpret their ordinance and tell the court what it means, then the court will abide by
that interpretation unless it is clearly wrong. The courts have used this case to decide that it is the
"elected" officials interpretation which the courts will listen to and they will not listen to an appointed
body. By not allowing appeals to the council, would lose benefit from the Clark vs. Jackson County
because if the Planning Commission has to make an interpretation of the ordinance the court would not be
necessarily bound by it. It has to come through the Council before the court would listen to the Council
interpretation unless it is clearly wrong.
3
Councilor Winthrop would like to consider the idea of changing procedure in that those appeals that are
heard are heard "on the record" with public testimony but not introducing new issues. He doesn't feel
Council is able to make overall as good of decisions as the Planning Commission. The Planning
Commission is more involved and more aware of process, he is in favor of small, low impact decisions are
handled through the Planning Commission level.
Councilor Laws felt that the Council should wait until after the Legislative Session to make their decision
on this proposed amendment. He does agree with limiting appeals to what is "on the record".
Councilor Reid questioned Attorney Nolte regarding the technical legalities that would blind the council to
relevant information that could come forward.
Attorney Nolte stated that the way the ordinance is proposed, the Council has the ability to send back a
decision, when new evidence comes to life, that was not available at the time of the Planning Commission
hearing. The Council would not hear the new evidence, but send it back to the Planning Commission
stating that there seems to be new information that they need to consider before the Council hears it. New
information would have to be shown to the Council indicating that the new evidence did not exist or was
not readily available at the time of the Planning Commission hearing. Steps would have to be taken by
Council to determine whether it is material enough and if it would really make a difference before sending
it back to the Planning Commission.
Councilor Reid concerned that the Planning Commission is acting without the guidance of the City Attorney
when the records are "set" before it comes to the Council. Attorney Nolte stated that the staff is well
versed in the law and Planning Director John McLaughlin attends all Planning Commission meetings.
Councilor Reid suggests to Council that there be no action taken on this proposed amendment that they
should leave the ordinance the way it is and wait until the legislature has met. She favors using the
information presented along with further research of hearing appeals "on the record" and is not ready to
support amendment at this time.
Mayor Golden cautioned Council regarding basing their decisions on what the legislature does.
Councilors Winthrop/Hauck mls to take no action at this time, but to wait until conclusion of the
legislative session, sometime this summer and then put the proposed amendment on the agenda for
Council cousideration. Voice vote: Laws, Hauck, Hagen, Winthrop, Thompson, YES; Reid No.
Motion passed 5-1.
2. Request to amend the Land Use Ordinance of the Ashland Municipal Code, modifying front yard
setbacks in the R-2 and R-3 districts and encouraging porches.
Planning Director John McLaughlin spoke explaining that this is the same proposed amendment which was
approved by Council for the R-l zone. He does recommend a change on page 1, Section D, 3rd line down
"minimum set-back of 10 feet" from the front property line rather than "8 feet". This is the same issue
raised on acquiring public utility easements along the front 10 feet of properties and being consistent in not
encouraging people to build inside easements.
This amendment is for all R-2 and R-3 zones excluding historic district, historic district can still use lesser
set-backs as provisioned in the ordinance.
PUBLIC HEARING OPEN: 8:10 p.m.
PUBLIC HEARING CLOSED: 8:10 p.m.
4
It was clarified for Councilor Thompson that the rear set-back for two story buildings is 20 feet and three
story buildings are not allowed in the R-2 rone. If three story building in R-3 rone, the set-back would be
30 feet. He questioned whether it would be a hardship on a property owner for a three story building to go
30 feet from the rear line if they were providing open area somewhere else.
Councilors Reid/Hauck mls approval of amendment to second reading. Roll Call vote: Hagen,
Hauck, Thompson, Winthrop, Reid, Laws, YES. Motion passed.
**note by City Recorder**
Proposed amendment of the Land Use Ordinance modifying front yard setbacks in the R-2 and R-3
districts previously motioned on by Council was presented for Public Hearing only. Proposed
amendment will be submitted as an agenda item at the next council meeting for ill'St reading and
approval by Council to second reading.
PUBLIC FORUM
Business from the audience not included on the agenda.
None
UNFINISHED BUSINESS:
1. Request by George Hutchinson, et al regarding traffic signal at North Main and Maple Streets.
City Administrator Brian Almquist reviewed letter received from O. D.O. T. concerning various issues
relating to the N. Main/Maple project. They requested comments on two issues regarding project timing
and the traffic signal. He reported that the city has been requested to commit to a 50% match ($65,000) of
funds for the signal. He indicated that the Ashland Hospital Administrator Jim Watson would recommend
that the Hospital Board fund $16,250, presuming the City would fund an equal amount. The remainder
($32,500) would be requested from the developer of the Retirement Center.
Administrator Almquist also reported that O.D.O.T. reported that they would not be willing to support the
project without a left turn lane. It is their view that "Installing a signal at this location, without providing a
left turn lane, could actually increase accidents due to the additional vehicles stopping at this location" and
are adamant on this point.
It was brought to the Council's attention by Administrator, that the City entered into a contract with
O.D.O.T. for this project in 1990, at the urging of the Hospital Board and full support of Mayor and
Council. He felt that in consideration of the time and sums spent by the State to this date, if the City were
to withdraw its support for the project, the remaining funds would likely be diverted to other projects
elsewhere in the State, and O.D.O.T. would be highly reluctant to enter into future cooperative agreements
with the City of Ashland.
It is recommended by Administration that the City Council support the early completion of this project to
minimize future accidents, to control costs, and to avoid possible longer period of disruption later in the
year. Also, that the City Council commit to a 50% match for this project ($65,000), subject to an
agreement with the Hospital Board and the Retirement Center developers.
DISCUSSION:
Susan Downs/563 N. Main; Read letter proposed to O.D.O.T. which states an opposition to widening to
North Main.
5
Councilor Winthrop noted that the memo from a.D.a.T. gave him new perspective on this issue and felt
that it would be a win/win situation of a proper intersection with a light for the City.
Councilor Laws did not an feel it is an ideal situation with the widening of the streets but since a contract
had been made and if a wrong decision was made, it was made previously not presently and the decision
could not be changed in good faith given the circumstances.
Mayor Golden discussed the problem regarding the widening of the street, which may be in the actual
design. She felt possibly that there may be a medium set between O.D.a.T. and the City regarding the left
turn lane, signal light and still try to save some of N. Main from being widened.
It was confirmed by Administrator Almquist that the funds for the signal, if allocated, would come from
the Street Fund Operating Contingency.
Councilors Winthrop/Hauck mls to thank aregon Department or Transportation for their flexibility
in their willing to work with the City in installing a signal light along with the widening of North
Main, and that the funds for the signal be taken from the Street Fund Operating Contingency,
subject to other matching funds as indicated by City Administrator. Voice vote all AYES, motion
passed.
Discussion:
Administrator Almquist confirmed for Councilor Hagen that comments from a.D.a.T. had been that the
project would be constructed as designed. Going back and doing redesigning would require further
investment of State money and possibly push the project further down the list of projects to be done.
Councilor Hagen stated that the City should look at this project as an opportunity to underground power
lines along North Main. With cooperation from a.D.a.T. in possibly timing the signal light with the other
lights could benefit traffic speed and pedestrian traffic. He does have a concern with the design, in that the
long term plan is to improve a six foot wide bicycle path from Valley View Road to Maple Street and
would narrow back down in the historic area. Because this area would never be widened to accommodate
bicycles, bicycles and pedestrians would still be fighting for the same space. He questioned how his
request of space ahead of both the left turn lanes becoming a planted median strip, could be presented to
a.D.O.T.
Mayor Golden felt that staff could be directed to look at new designs dealing with issues brought forward
by Council. She questioned Council if they would like part of the motion to include a look at the design
between now and the beginning of construction.
Councilor Winthrop stated that he did not want these possible adjustments to delay the project unless they
can be accommodated and seems appropriate to staff, he wants to move forward on this project.
2. Memorandum from City Administrator regarding guidelines for annual pay comparisons.
Assistant City Administrator Peggy Christianson brought to council the requested fourth option which is a
Comparable Position Survey. This approach would identify and survey top management positions within
the Northern California, aregon and Washington region which are comparable to top management positions
in the City of Ashland in terms of size of department budget, number of employees, extent and type of
services provided, etc.
Council directed staff to do survey on items #1, #2 and #4.
6
NEW AND MISCELLANEOUS BUSINESS
1. Proposed ordinance on camping on public streets and related issues.
Presentation by Assistant City Administrator Peggy Christianson and Police Chief Gary Brown on the
proposed ordinance. It was reported that the consensus of the work group was that the city should enact
the proposed ordinance in conjunction with proactive measures to support social service programs for the
homeless. With the adoptions of the ordinance, it is recommended that the City Council direct staff to
provide a monitoring and feedback process which results in periodic reports back to the City Council on
what impacts are being felt in the community as a result of the ordinance and referral program.
Recommendations to City Council included; 1) Approve the proposed ordinance revisions on restricting
camping in public places and restricting disorderly conduct, offenses against persons and property and
public liquor consumption. 2) Approve the proposed resolution which affirms the City of Ashland's
commitment to the right of all persons to use public streets and sidewalks and to be treated equally
regardless of their economic or living conditions. 3) At budget adoption, approve the Budget committee's
recommendation to provide $127,890 of funding in FY 95-96 for programs in Ashland which aid the
homeless. 4) Direct staff to implement (via Bike Patrols, Retired Service Volunteers, Central Areal Patrol
Program and other mediums) a more proactive education and referral program about the services available
within the region for the homeless. 5) Require a monitoring and feedback process resulting in periodic
reports from staff to the City Council (possibly 3-4 months) on the impacts of implementation of the
ordinance.
Chief Brown reported on significant increase of incidents and service directly related to transients and
numerous complaints from citizens and visitors. Increasing numbers of aggressive panhandling and concern
by citizens regarding camping in neighborhoods. He spoke on enforcing the law regardless of economic or
living conditions, that enforcement will be made in the "spirit" of the law.
City Attorney Paul Nolte spoke regarding a disorderly ordinance which provided penalties for pedestrian
interference; offensive physical contact; prohibiting open liquor containers; prohibit use of fountains and
monuments; camping prohibit; sleeping on benches or within doorways; removal of campsite; and
resolution affirming the right of all persons to use public streets and sidewalks to be treated equally
regardless of their economic or living conditions.
Assistant Administrator Christianson spoke on the social obligations that the City should consider. She
stated that the Budget Committee had recommended funds which would aid the homeless and in addition to
the Budget recommendation, staff could be proactive in providing information and referrals to transients
and the homeless.
Councilor Winthrop commented that he does not feel there is anything in this ordinance that directly
challenges any type of life style.
It was confirmed by Ms. Christianson for Councilor Reid that vouchers for camping need attention and
development. She is working with LC.C.A. and Director Sue Crader on this matter.
Bob Rasmussen/1530 N Mountain/Vice President Chamber of Commerce; read letter from President
of Chamber of Commerce, Michael Gibbs requesting the City Council to enact a "No Camping
Ordinance" within Ashland.
Brian Brinson/homeless/Opposes camping ban, challenges the people in need.
Patricia Haely/400 Almond/In favor of No Camping Ban; spoke on negative personal experience with
transients. Has been burglarized and is concerned with safety.
7
Arian Goodwin/1565 Siskiyou #1I0pposes No Camping Ban, offered as an alternative proposal, a
permanent place for camping for transients and homeless. Feels that the homeless are the ones who
deal the most with the negative aspects being spoken of.
Susan Hunt/220 Nutley/ln favor of No Camping Ban; spoke on camping in watershed area and the
safety aspect.
Shannon Riley/Opposes No Camping Ban, felt ban would leave transients and homeless with no where
to go and no shelter.
Marilyn Briggs/590 Glenview/In favor of No Camping Ban; Concerned with warming fIres, she has
reported recent fIres in the watershed.
Jeffery Galvan/homeless/Opposes No Camping Ban, would like to take part in the decision process.
Feels that everyone needs to help one another.
Charles Blimey/homeless/Opposes No Camping Ban.
Joy Paz-Novak/20S N Mountain/Opposes No Camping Ban, concern for people involved in camping
ban because this is the only means of living they have. Would like to see homeless shelter in Ashland.
He feels ordinance is extreme and that there needs to be more of a balance to meet everyones needs.
Would like Council to appoint committee to look more indepth into this issue.
Barbara Allen/510 Guthrie/In favor of No Camping Ordinance, feels it is a safety issue.
Michael Washington/50S N Main/Opposes No Camping Ban, feels this ordinance is targeting a certain
group of people. He would like Council to look at the problem of why these people are homeless
rather than putting a ban on camping. Suggested Council write San Obispo County which has a
program with much success.
Debbie Miller/l60 Normal/In favor or No Camping Ban, feels it is a safety issue.
Sue Crader/1650 Clay/Opposes No Camping Ban, feels that to put a ban on camping without offering
an alternative is a mistake. Camping vouchers are temporary and she suggests that the City
designate a place for transient and homeless camping.
Daniel Rueff/256 Tolman Creek RdlOpposes No Camping Ban, feels that the public should be able to
camp on public land and Council should work on problem of helping the poor.
Ken Williams/13 N Main #2/0pposes No Camping Ban, spoke on personal experience in dealing with
homeless that had no place to go.
John King/spoke on personal experience of being homeless.
PUBLIC HEARING CLOSED: 9:45 p.m.
Councilor Winthrop stated that he does not favor creating shelters or special camping areas as funding is
being provided through ICAA to help deal with this problem.
Councilor Reid requested clarification from Chief Brown regarding difference of "spirit" of the law and
"letter" of the law. Brown explained that the intent is not to prosecute but that the ordinance will be
enforced generated by complaints.
8
Councilors Reid/Hagen mls approval to continue past 10 p.m. Voice vote: all ayes. Motion passed.
Councilor Hauck suggested bringing the proposed ordinance back in two weeks for approval of 1st reading
by Council.
Resolution No. 95-13, A Resolution Affirming the Right of all Persons to use Public Streets and Sidewalks
and to be Treated Equally Regardless of their Economic or Living Conditions, was read by Administrator
Brian Almquist.
Councilors Hauck/Winthrop mls approve adoption of Resolution #95-13. Roll Call vote: Laws, Reid,
Hauck, Hagen, Winthrop, Thompson, YES. Motion passed.
2. Request from Director of Public Works concerning request for dedication of Dogwood Way
(a private street) and sidewalks.
Public Works Director Steve Hall spoke requesting direction from Council in relation to require of
sidewalks and this specific project.
Council direction was to leave this as a private street and if property owners were willing to bring the street
up to City Street Standards at their own expense, then the Council would consider the request for
dedication. Staff was directed to find out who the property owner was at the end of the hammer head and
if they would consider a pedestrian easement.
3. Request by Councilor Winthrop for Council support of HB3458 that establishes procedures for
local governments and state agencies to collaborate on regional planning.
Councilor Winthrop provided copy of HB3458 and requested support by Council. He felt that this bill
would provide an optional mechanism for local communities to get together and work on regional problem
solving involving Land Use with the LCDC. It would allow greater flexibility in meeting State
requirements, but LCDC would still have to approve any changes to Comprehensive Plans. Medford City
Council felt it would weaken control on growth.
Councilor Reid stated that she would like more information before giving support.
Council agreed with suggestion by Councilor Laws that they endorse the concept of collaboration between
local communities in a more flexible manner where appropriate, than the present law permits. Not to
endorse this Bill specifically because it may have some technical flaws.
Councilors Laws/Thompson mls to table this matter at this time. Voice vote Laws, Hagen, Thompson,
YES. Reid, Winthrop, Hauck, Mayor Golden, NO. Motion denied.
Councilors Laws/Winthrop mls to endorse concept but not endorse the language of HB3458. Voice
vote all AYES. Motion passed.
4. Sewer connect request by M/M Clarence Gunther, 1021 Clay Street.
Public Works Director Steve Hall presented recommendation that Council approve request for sewer lateral
with following conditions; 1) Property Owner meet all requirements of AMC 14.08.030, Connection-
Outside City, Inside Urban Growth Boundary. 2) Property owner not be allowed to connect existing home
to sewer lateral until after the annexation of their property to the City of Ashland.
9
Correction on fourth paragraph of memorandum, should read as follows: With this approval, partitions of
the property would "not" be allowed as specified in AMC l4.08.030.F.
Councilors Laws/Hauck rn/s to approve sewer connect request by M/M Clarence Gunther, 1021 Clay
Street. Voice vote all A YES. Motion passed.
DISCUSSION:
Julie Schwartz/237 Almond/Requested that it be on record that she opposed connecting any new sewer
connections to the City.
5. Sewer connect request by Wayne Zurtleugh, 180 Crowson Road.
Public Works Director Steve Hall presented recommendation that Council approve request for sewer lateral
with the following conditions; 1) Property owner meet all requirements of AMC 14.08.030, Connection-
Outside city, Inside Urban Growth Boundary. 2) Property owner sign agreement to participate in the cost of
constructing future sanitary improvements in Crowson Road. 3) Property owner agree to connect to sanitary
sewers in front of 180 Crowson when they are constructed.
Letter from Jackson County was provided stating that the existing system was failing and that there is no
other location on the lot with enough physical space available for installation of repair system.
Councilors Hauck/Hagen rn/s to approve sewer connect request at 180 Crowson Road. Voice vote
Laws, Reid, Hauck, Hagen, Winthrop, YES. Thompson abstained. Motion passed.
ORDINANCES. RESOLUTIONS & CONTRACTS
1. Reading by title only of "A Resolution transferring appropriations within the 1994-95 budget."
Councilors Hauck/Winthrop rn/s approve adoption of Resolution #95-14. Roll call vote: Laws, Hauck,
Hagen, Winthrop, Thompson YES. Reid, not present. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Not permitted, time constraint.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
M~
Barbara Christensen, Recorder
/'
/;Z:C-fl~ )1/1 ~~
Catherine M. Golden, Mayor
10
/\t.\i:/\;.'L",
April 4, 1996
Report of the Taxing District/County Meeting of April 3, 1996
Present: Dan Ross, Ann Cacka, Peggy Morgan, Tim Burchfield and Donna Wold representing
Jackson County; Bob Parkison and Mike Hughes from Oregon Department of Revenue;
representatives from the City ofT alent (Tony Paxton and Nancy Kincaid) and the City of Central
Point; Jim Krueger (BCVSA) and Dan Marshall (FD 5), Brenda Messmer and Jill (FD 3), Mark
Moran (FD 6), Phil Kessler and Bryan Flora (FD 2), Greg Winfrey (RRFD) and Brett Fillis (FD 9)
Ann Cacka opened the meeting by going over the proposed Taxing Distnct Boundary Change
procedures. It was discussed what the Assessors Drafting Department would be checking for on
all boundary change packages submitted to them for review.
a. legal descriptions
b. maps
c. underlying districts
The form compiled of those tax lots involved, the acreage, ODF protected acres and whether area
was bare ground or with improvements, was reviewed. It was suggested by Tony Paxton to also
include the assessed value for the land and improvements along with this other information. A
new copy of this revised form is enclosed reflecting this suggestion. Hopefully this change will
prove to be beneficial to all users.
Bob Parkison and Mike Hughes from the Oregon Department of Revenue handed out to all in
attendance a booklet entitled "Boundary Change Information" along with a handout covering some
laws, types of changes and what to look for in the legal description and maps submitted to them
for approval. Mike went over what the Department was looking for, some of the problems that
occur and what was their roll in any district boundary change. They fielded many questions from
the group, enlightning all of us.
Some of the questions discussed:
a. Why the DOR cannot change any of the documentation submitted to them, even though they
might know how to correct a problem - The Department cannot be liable for these changes, they
are strictly the districts responsiblity. . ,.
b. Why is acreage (value) of a bare piece of land put into a Rural Fire Protection District- Area
that lies within the boundaries of a fire district and is NOT covered by the state fire patrol, does not
gc uncovered. That area of unpro!!!cted acreage will be levied under the rural code.
c. If a boundary change occurs by a vote of the people, whose sends that change to the DOR for
approval and gets that information to assessment for the tax change - We were unable to answer
this question during the meeting but in a later inquiry made to Kathy Beckett (County Clerk) she
informed us that it was the districts responsibility to forward that change to the DOR and
assessment
d. There were a few questions conceming the value of annexed properties and the increase of
tax for the owner.
e. When a city annexes property and withdraws from a district, that withdrawn district is not
getting notified of this change in some circumstances. This will hopefully be remedied by drafting
sending all withdrawn districts a copy of the change at the same time it notifies the newly annexed
district
It has been proposed to continue these laxing district/county meetings. The first one proved to be
very informative, wtlh everyone going away learning at least something new. A suggestion was
made to possibly have another meeting prior to budget time (July 1 - July 15). Many might also
find it benefical to discuss Measure 5 and any possible impacts it might have on your district. If
you have any ideas for any agenda or possible meeting times, please give Ann Cacka a call at
[p -779-7159 or fax her at 776-7202 with your ideas. It has already been determined that there is a
need for the County Clerk (or her representative) to attend these meetings, any others
suggestions let us know.
Thank you to all that were in attendance for the April 3rd meeting. It was very nice to meet many
of you that I have only had the pleasure of talking with over the phone. I have great hopes that if
nothing more is derived from these meetings, we have at least achieved a line of communication
between our agencies and a working relationship. I will be sending you all a notice for our next
meeting with the agenda, time and place.
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TAXING DISTRICT BOUNDARY CHANGE PROCEDURE
Initial steps Involved in the processing of any change wilt begin with the districts themsetves,
follOWing their own district polices, locat ordinances and State law
2 The proposed boundary change package would be submitted to the Drafting Department of the
Assessor's Office for review. This package should Include a copy of the order, the legal
descrlption(s) and the hi-lighted map(s).
a A checkoff list will be attached to the package, verifying that each step in the review
has been completed. Any problems will be brought to the attention of the district in
writing. A total amount due for taxing district boundary changes will be included on the
checkoff list along with a seperate sheet of all tax lots included. The tax lot sheet
Includes the map and tax lot number, present code area, account number, acreage,
improvement or bare ground verification and State Fire Patrol coverage, for each tax
lot Involved.
b Underlying districts will be confirmed to avoid confiict with any like districts. For
example, area to annexed into a fire district is indeed outside any fire protection
district, whether bare ground or not.
c. Drafting will confirm that the area to be annexed is also withdrawn from any districts
that might result in double assessment. For example, if a tax lot was annexed into
a city, with city fire protection, then it needs to be withdrawn from the rural fire
protection district
d. The supplied legal description would be verified. The described traverse must close
and must contain language acceptable to the Oregon Department of Revenue (use
bearings and footages, not call to unidentifiable points of call) It will remain the
responsibility of the district or property owner to supply the legal description.
Drafting will not write any legal descriptions but will assist in acquiring the description
of record if there is one.
e Drafting will check the hi-lighted maps and confirm that the outlined area agrees with
the property described.
3 The package will then be returned to the district (either mailed or picked up, which ever is
agreed upon).
a. All districts would be responsible for confirming the contents of the reviewed package
for correct tax lots involved. Drafting would assist with corrections involving the legal
descriptions of record and acquiring the correct corresponding map but for those
corrections requiring a more complicated solution the district would be responsible.
For example, if a new legal description would have to be written or if a district would
need to be withdrawn, these corrections would come under the jurisdiction of each
individual district All problems and corrections would have to be addressed prior to
submitting package to the Oregon Department of Revenue.
b. Fire Districts would submit the package to the County Administration Office, inctuding
the Drafting checkoff list The Administrator's Office would then have verification that
all the necessary steps had been reviewed by Drafting, that the district concurred with
the results and the total amount of monies due for Assessment processing fees (which
would be remitted at the same time).
c. The balance of all districts would remit payment to the Department of Assessment
at this time for the taxing district bounday change. (Order No. 396-95)
d. All districts would then follow established procedures as set down by law.
4. If the Oregon Department of Revenue disapproves a proposed boundary change, the Drafting
Department of the Assessor's Office will work with the DOR to try and rectify the situation on
that material that came under it's review.
i ,
\...._/
'UPON RECEIPT OF FINAL APPROVAL FROM THE OREGON DEPARTMENT OF REVENUE
AND REMITTANCE OF ALL FEES DUE, DRAFTING WILL COMPLETE THE CHANGE. DATES
FOR DISTRICT CHANGES SET BY OREGON STATE LAW REMAIN UNCHANGED.
o
o
T AXING DISTRICT BOUNDARY CHANGE
DISTRICT
PHONE
FAX
ORD.
TYPE OF CHANGE: Formation
Annexation
--
Withdrawal
DATE RECEIVED
DATE COMPLETED
PROCESSED BY
LEGAL DESCRIPTION(S)_ Correct
Dissolution
Transfer
Merge
Incorrect Replaced
HI-LIGHTED MAP(S) Correct
Incorrect Replaced_
DOR CONTACTED DISTRICT CONTACTED
CONTACT PERSON/COMMENTS
ADMIN. CONTACTED
NUMBER OF TAX LOTS INVOL YED
ASSESSMENT PROCESSING FEES (ORD 396-95)
COUNTY ADMINISTRATION FEES
TOTAL AMOUNT DUE
Oregon Department of Revenue
955 Center S(,. NE
Salem, Oregon 97310
Cartographic Unit
503 -945-8297
308.225 Boundary change or proposed
boundary change; procedure. (1) In pre-
paring the assessment roll in any year, a
county assessor shall disregard changes or
proposed changes described in subsections (3)
and (4) of this section in the boundary lines
of any taxing district levying ad valorem
taxes if the description and map showing
changes or proposed changes are not filed in
final approved form, in accordance with and
at the time required by subsection (2) of this
section.
(2)(a) If a boundary change is made or
proposed, the person, governing body, officer,
administrative agency or court making the
determination that the boundary change is
final shall file with the county assessor and
the Department of Revenue the legal de-
scription of the boundary change or proposed
change and an accurate map ~howing the
change or proposed change in final approved
form, prior to the next March 31.
(b)(A) Except as is otherwise provided in
subparagraph (B) of this paragraph the legal
description of the boundary change shall
consist of a series of courses in which the
first course shall start at a point of begin-
ning and the final course shall end at that
point of beginning. Each course shall be
identified by bearings and distances and,
when available, refer to deed lines, deed cor-
ners and other monuments, or, in lieu of
bearings and distances, be identified by ref-
erence to:
(i) Township, range, section or section
subdivision lines of the U. S. Rectangular
survey system.
(ii) Survey center line or right of way
lines of public roads, streets or highways.
(iii) Ordinary high water or ordinary low
water of tidal lands.
(iv) Right of way lines of railroads.
(v) Any line identified on the plat of any
recorded subdivisioll defined in ORS 92.010.
(vi) Donation land claims.
(vii) Line of ordinary high water and line
of ordinary low water of rivers and streams,
as defined in ORS 274.005, or the thread of
rivers and streams.
(B) In lieu of the requirements of sub-
paragraph (A) of this paragraph, boundary
change areas conforming to areas of the U.
S. Rectangular survey may be described by
township, section, quarter-section or quarter-
quarter section, or if the areas conform to
subdivision lots and blocks, may be described
by lot and block description.
(c) A map shall be provided to the filing
body by the county assessor or the depart-
ment within 14 days after the filing body no-
tifies the assessor and department that a
boundary change is being proposed. The
boundary line shall then be accurately en-
tered thereon by the person, body, officer or
agency making the filmg.
(d) The description and map shall be filed
in final approved form not later than March
31 prior to the tax year to which the change
applies. Proposed boundary changes shall be
certified to the county assessor and the de-
partment in the same manner as boundary
changes. If the taxing district is located in
more than one county, the description and
map shall be filed with the assessor in each
county and with the department within the
time provided in this subsection.
(3) For purposes of this section, boundary
change means the change that occurs in the
boundaries of a district by reason of:
(a) The formation of a new district;
(b) The consolidation or merger of two
or more districts or parts thereof;
(c) The annexation of territory by a dis-
trict;
(d) The withdrawal of territory from a
district; or ,
(e) The dissolution of a district.
(4) For the purposes of this section, a
proposed change means a boundary change
which has not become final or effective by
March 31. but which is certain to become
final or effective on or before July 1 of the
same year.
(5) Each description and map filed under
subsection (2) of this section shall be sub-
mitted to the Department of Revenue and
approved or disapproved within 30 days of
receipt.
(6) Within five days of its determination,
the Department of Revenue shall mail to
each county assessor with whom a filing has
been made and to the filing body notice of its
afProval or disapproval under subsection (5)
o this section. If disapproved, the depart-
ment shall explain what steps must be taken
to correct the description or map, and shall
cooperate with the filing body in helping it
meet the requirements of this section, and
whenever possible, the filing date of March
31. Corrected descriptions and maps must
then be resubmitted to -the department, and
approved, and filed with the assessor or as-
sessors. .
(7) The filing of the description and map
under this section is for assessment and tax-
ation purposes only and does not affect or
. relate to filing for any other purpose.
{Amended by 1965 c.411 ~1: 1959 c.151 ~1; 1973 c.501 ~1'
1975 c.595 U; 1981 c.804 ~38; 1983 c.426 ~1; 1991 c.459 ~94j
198.720 Boundaries. Except as otherwise
specifically provided by the principal Act:
(1) A district may consist of contiguous
or noncontil!1lous territory located in one or
more adjoining counties. If any part of the
territory subject to a petition for formation
or annexation is within a city, the petition
shall be accompanied by a certified copy of
a resolution of the ~overning body of the .city
approving the petitIOn.
. (2) A district may not include territory
included within another district formed un-
der the same principal Act when the other
district is authorized to perform and is per-
formin~ the services the affected district is
authonzed to perform, l.lnless:
(a) Withdrawal of such territory is pro-
posed and the territory is withdrawn by
withdrawal proceedings conducted in the
other district simultaneously with the forma-
tion or annexation proceedings, and the pro-
posed boundary changes are approved for
both districts; or
(b) The principal Act provides for auto-
matic withdrawal of the affected territory in
such a case.
(3) The boundary lines of a district
formed under ORS 198.705 to 198.955 shall
include only such territory as may in reason
be served by the facilities or services of the
district. 11971 c. 727 ~51
TYPES OF BOUNDARY CHANGES
I. BOlA'lDARY CHi'lNGES IN FINAL FORM- ANY CHANGE THAT HAS BEEN APPROVED BY
THE GOVERNING BODY OF A CITY, THE COUNTY COt1t1ISSIONERS AND/OR THE COUNTY COURT
OR A BOUNDARY CQlof1ISSI~. ALL BOUNDARY CHANGES THAT ARE TO BE CONSIDERED FINAL
MUST HAVE AN ORDER, ORDINANCE OR RESOLUTION SIGNED AND DATED BY THE GOVERNING
BODY.
2.. PROPOSED BOUNDARY CHANGE - A CHANGE THAT I S REPORTED TO THE DEPARTMENT
AND TO THE COUNTY ASSESSOR ~ OR BEFORE MARCH 31 BUT WILL HAVE AN EFFECTIVE DATE
AFTER MARCH 31 BUT ~ OR BEFORE JULY 1. SOME EXAMPLES OF THIS TYPE OF CHANGE
WOULD BE A SCHOOL DISTRICT CHi'lNGE, THEY ARE ALWAYS EFFECTIVE HAY 31, OR ANY
TYPE OF A CHANGE WHICH WOULD-REQUIRE AN ELECTION SUCH AS A FORMATION OF A NEW
DISTRICT, Ai'l-lEXATION BY ELECTION, ETC. THE KEY T.o REMEMBER FOR THIS PARTICULAR
TYPE OF CHANGE IS THAT IT HAS TO BE FILED AS IF IT WERE FINAL ON OR BEFORE
MARCH 31.
3. PLAi'l-lED BOUNDARY CHi'lNGE- A CHANGE THAT IS STARTED TOO LATE TO ACHIEVE
COMPLIANCE WITH THE STATUTES TO BECOME FINAL BY MARCH 31. THIS TYPE OF CHANGE
DOES NOT BECOME A PROPOSED CHANGE.
4. BOlA'lDARY COl't1I SSI ~ CHANGES- THERE ARE TWO BOUNDARY COHHI SSI ONS IN
THE STATE OF OREGON, THE PORTLAND METRO AREA LOCAL GOVERi't1ENT BOUNDARY
COHISSI~ AND THE LANE COlA'lTY LOCAL GOVERi't1ENT BOUNDARY COMMISSION. THE
PORTLAND METROBOUNDARY COMMISSION HAS JURISDICTION OVER CHANGES IN MULTNOHAH,
CLACKAMAS, WASHINGT~ COUNTIES; LANE CO~~TY BOUNDARY COHHISSlm~ OVER LANE
COUNTY..
IN SOME CASES WHERE THE BULK OF THE TAXING DISTRICT LIES WITHIN THE JURISDICTION
OF A COlA'lTY WITH A BOUNDARY COMMISSION AND THERE IS A BOlA'lDARY CHANGE IN THE
01 STRI CT IN A COUNTY NOT UNDER THE BOUNDARY COHHI SSI ON, THE BOUNDARY
COMMISSION WILL STILL MAINTAIN JURISDICTION OVER-THAT CHANGE.
CHECK LIST FOR WRITING DESCRIPTIONS
1. Can you find the point of beginning on the map?
2. Can you follow each course on the map?
3. Does the description begin and end at the same point?
4. Does the description include all the area you want to describe?
5. Are all the exceptions to the description properly described?
(Deed references cannot be used as exceptions)
CHECK LIST FOR THE MAP
1. Is the map large enough in scale and accurate enough that the description can
be plotted without any problems?
2. Is only the area being described outlined on the map?
(If a road or portion of road is included in the description
make sure this is included in the outlined area.)
3. Does the map and description match?
SCHOOL DISTRICT BOUNDARY CHANGE
Special Instructions:
1. The final order is to be filed in compliance with ORS 308.225.
2. The order is not final until after the 20 day remonstrance period has expired and shall not be filed until after that date.
If a remonstrance is filed, the order will not be deemed final.
3. A copy of the Boundary Board minutes, the area involved, and an accurate map with the aHected properties outlined
on it must be attached to this form.
4. Please provide a copy of this form and the above documents to your County Assessor's OHice.
Before the Boundary Board of
County
In the matter of tranferring property
from School District No. _
and School District No. _
to School District No. _
and School District No. _
Final Order No.
or
D.O.R. Number
Whereas a petition/resolution was filed . 19 _. to consider transfer/merger of the following property
from School District No. _ and School District No. _ .
to School District No. _ and School District No. _ .
(Property described here per requirements of ORS 308.225.) If you need more space, please use the back of this form.
All assets and liabilities of the school districts involved in the boundary change have been equitably divided in accordance
with ORS 330.123. .
The property involved in the boundary change will continue _ will not continue _ to be responsible for bonded
indebtedness of the district from which they are being served.
Dated this _ day of
19_
(K a joint district)
Attested
CIeri<
County Boundary Board
Attested
CIeri<
County Boundary Board
Attested
Attested
Superintenden~ School District No. _
Superintend.n~ School District No. _
Attested
Attested
Superintenden~ School District No. _
Superintendent, School District No. _
150-504~ (Rev. 2.iO)
.Ie.lld.r,
ell.llgc
IlIferlDallell
Oregon
Department of Revenue
1995
150-504-405 (1-951
Table of Contents
Page
Key Dates Checklist .... ....... .... ... .... ....................... .......... .......... .................. ... ..... .... ........... ............. 2
Introduction .... ........... ......... ... ....... ...................... ....................... ..... .... ..... .... ... ........ ......... ........ ...... 3
Boundaries Generally........... .................................................... .... .................... ............................. 4
Key Components in the Process ..................................................................................................... 4
Increasing a Tax Base-Annexation Method .................................................................................. 5
Example-Completing Form LB50, Notice of Property Tax Levy .................................................... 7
School District Procedures .... ........................ c............................ .:...... .... ...... ..... ........... ..... .-............ 9
Selected Statutory Boundary Change Authority by Type of Governmental Unit ............................... 9
Questions and Answers. ......... ... ...... ............................................ ...... ....... ................... ............. ...... 10
ORS 308.225-Statutory Requirements ................... ........................... ...... .... ..... ...... .............. ......... 13
Article XI, Section 11, Oregon Constitution ................................................................................... 14
Attorney General Opinion and Abstracts ........................................................................................ 17
Appendix A, School District Boundary Change Form ..................................................................... 19
j'
1
Date
Key Dates for Boundary Changes
as they Affect Taxing Authority
Boundary change map, description, and ordinance filed with the assessor and Department
of Revenue. (Must be no later than March 31 of the fiscal year the change is being made.)
Boundary change approved by the Department of Revenue. (Be sure to check with the
Department of Revenue before June 30 if you have not been notified before.)
Increased tax base levy approved by the budget committee. (Remember: To use a tax base
levy, it must be included in and justified by the regular budget.)
Boundary change is final. This must be on or before July I of the fiscal year that the tax
base increase is taken. If the tax base increase is not taken in the following year, the in-
crease is lost.
2
Introduction
This manual was designed to provide local govern-
ments with a guide and reference source when
making or planning a boundary change. It outlines
the basic process of making a boundary change, in-
cluding important dates, addresses the most com-
monly asked questions, and provides references for
further study. Two key dates are discussed. The
dates help determine increases in a district's tax
base and whether a boundary change is recognized
on the tax roll. Coordination of these dates can
have important financial and political conse-
quences.
The manual is not a stand alone guide to the pro-
cess, nor does it address the specific steps involved
with formations, dissolutions, annexations, with-
drawals, mergers or consolidations. Rather, it deals
with the effect a legal boundary change has on levy
authority and property taxation as the result of one
of these processes.
This manual is not a substitute for Oregon Re-
vised Statutes or other legal sources.
Boundary changes are important and there are
many ramifications. This manual addresses some
of the issues related to property taxation. There are
other considerations. Local governments anticipat-
ing a boundary change should consult their legal
counsel for advice on their particular circum-
stances.
For more information contact:
Department of Revenue
955 Center St. NE
Salem, OR 97310-2551
Cartographic Unit-945-8297
Finance and Taxation Unit-945-8293
3
Boundaries Generally
Local government boundaries are integral and im-
portant features of our system of government in Or-
egon. Geographic area is an essential characteristic
of a unit of government. Every governmental unit
in the state has territory. Boundaries generally mark
the territorial extent of their rights, powers, duties,
liabilities, and constituencies. The boundaries of a
taxing unit are a major factor in determining the
size of the unit's levy and which properties will pay
the unit's taxes.
Because of the effects on properties both inside and
outside a boundary change, boundary determina-
tion can be controversial. This is especially true
when a change affects taxation and land use con-
trol. A misunderstanding can result in a loss of
value when computing a district's tax base, loss of
the district's ability to levy its maximum authority,
the inability to make a boundary change, and other
consequences.
Most boundary change procedures established by
the legislature apply to a particular type of local
government unit (city, county, or special district, see
page 9), or to specific agencies capable of approv-
ing boundary changes (such as local government
boundary commissions, the State Board of Educa-
tion, and county governing bodies) Only a few
apply to all local government boundary changes.
The Department of Revenue's Role
The Department of Revenue has clearinghouse re-
sponsibility for all boundary changes for assess-
ment and taxation purposes. All boundary changes
must be filed with and approved by the department.
Requirements and deadlines for filing will be dis-
cussed below. The department's Cartographic Unit
has rule-making authority to establish guidelines
which regulate filing and approval. The
department's Finance and Taxation Unit momtors
tax levy certifications to ensure only statutory and
constitutional levies are extended on the counrv tax
roll.
New districts or districts that plan a major bound-
ary change should check with the county assessor
and the Department of Revenue CartographIC Unit
well before the filing deadline to be sure all require-
ments are met. This filing is in addition to the re-
quirements stated in ORS 198.780. Untimely filing
of the required documents can have undesirable
effects for the district. These effects are covered in
more detail in Chapters 2 and 10 of the Local Bud-
geting Manual, 1993 edition.
Key Components in the Boundary
Change Process
The boundary change process has two key compo-
nents in terms of assessment and taxation: the con-
stitutional tax base increase calculanon and the
extension of the arinexing territory's tax levy to the
annexed territory. While both of these components
relate to annexation, they operate independently of
each other.
First-Tax Base Increase for Non-Schools-
July 1
If an annexation is final and effective on or before
July 1, a taxing district may increase its tax base
by the constitutional formula, (Article XI, Section
II (4)(b)), for the ensuing fiscal year. For example:
Scenario 1
District A annexes tetritory. The effective date
of the annexation is May 31, 1995. District A
is entitled to increase its tax base by the con-
stitutional formula in Article XI, SectlOn
1l(4)(b), for the 1995-96 fiscal year.
Scenario 2
District B's annexation is effective July 21,
1995. District B cannot increase its tax base
by the constitutional formula untIl the 1996-
97 fiscal year.
Authority: Article XI, Section 11 (4)(b), of the Or-
egon Constitution permits a one-nme increase in
the tax base of a non-school distnct which annexes
property. This increase in tax base must be bud-
geted and taken for the fiscal year immediately fol-
lowing the annexation. To take the annexation tax
base increase in the next fiscal year, the annexation
must be final by July 1. If the governmental unit
fails to budget and levy the Increased lax base au-
thority from an annexatlOn, it will lose that tax base
Increase.
Second-Extending the District Tax Levy-
March 31
Even if a district's annexation is effective on or be-
fore July I, it does not mean its tax levy will ex-
tend to territory it has annexed. The district must
4
file its boundary change documents in final ap-
proved form with the Department of Revenue Car-
tographic Unit by March 31 and obtain a notice of
approval. The district tax levy can then be extended
to the annexed territory. For example:
Scenario 1
District C annexes territory effective May 31,
1995.
District C filed its boundary change docu-
ments in final approved form with the DOR
Cartographic Unit by March 31 and obtained
a notice of approval.
District C is entitled to increase its tax base
by the constitutional formula in Article XI,
Section I I (4)(b) for the 1995-96 fiscal year,
and,
The district's tax levy will be extended to the
annexed territory.
Scenario 2
District D's annexation is not effective until
July 21, 1995. Whether or not District D filed
its boundary change with the Cartographic
Unit before March 31, the tax levy will not
be extended to the annexed territory until the
1996-97 fiscal year. Also, District D cannot
legally increase its tax base through annex-
ation until 1996-97. District D's March 31,
1995 filing of boundary change with the DOR
Cartographic Unit would be approved for the
1996-97 fiscal year, based on the effective date
of the annexation. If the annexation is not
used to increase the tax base in the fiscal year
immediately following the annexation, the
benefit is forfeited.
Scenario 3
District E annexes territory effective May 31,
1995. District E filed its boundary changes
with the DOR Cartographic Unit on April 5,
1995. The district's tax levy will not be ex-
tended to the annexed territory until the 1996-
97 fiscal year. The district is entitled to
increase its tax base through the constitutional
annexation formula.
Remember: Extending the tax levy of the an-
nexing district to the annexed ter-
ritory is not automatic when the
annexation is final.
AUTHORITY: ORS 308.225 instructs the assessor
to disregard any changes or proposed changes to
the boundary lines of taxing districts for assessment
and taxation purposes in the ensuing fiscal year if
the change is not filed in final approved form by
March 31. Remember: The March 31 date and the
approval by the Department of Revenue only re-
lates to the boundary change for assessment and
taxation purposes. It does not effect or relate to
filings for any other purpose. (ORS 308.225 also
details the level of description for the boundary
change. )
Remember: The two key dates are March 31 and
July I. These dates help determine the
property affected by a boundary change
and the district's constitutional author-
ity to increase its tax base.
Increasing a Tax Base
There are four ways under the Oregon Constitution
to increase the tax base of a local government. (Ar-
ticle XI, Section II):
I. The triennial method, Article XI, Section II
(2)(a). (This applies to all local governments.)
2. The tax base election method, Article XI Sec-
tion 11 (2)(b). (This applies to all local govern-
ments. )
3. The annexation method, Article XI Section II
(4)(b). (This applies to all non-school local gov-
ernments.)
The annexation method is accomplished by add-
ing geographic area to a district. The district can
then increase its tax base proportionately by the
assessed valuation of the annexed area. The pro-
cedure is accomplished though a computation
formula. The annexation must first be used to in-
crease the tax base of the district in the fiscal year
immediately following the annexation. If the an-
nexation is not used to increase the tax base in
the fiscal year following the annexation, the ben-
efit is forfeited.
The annexation method does not apply to
school districts as defined in ORS 330.003(2),
but it does apply to Education Service Districts.
Note: Section (4)(a) limits the tax levy author-
ity of a newly created non-school taxing district,
where the new taxing district is being created
from property previously included in a similar
5
taxing unit. It does not create or increase any tax
base authority.
Section (4)(c) allows for the tax base growth af-
ter a merger of any non-school districts when the
merger occurs without expanding the territory of
the districts. The new tax base will be deter-
mined by combining the tax bases of all merged
districts.
4. The merger/summing method, Article XI, Sec-
tion II (4)(c) and Section II (I). (Subsection 4
(c) applies only to non-school district; subsection
(I) applies only to school districts.)
The merger/summing method is accomplished
by adding together the tax bases of all the tax-
ing units included in the merger. Non-school dis-
tricts use subsection 4 (c) where the merger
occurs without an expansion of territory.
Section II (I): The tax base of a school district
is equal to the sum of the tax base amounts for
each of the school districts included in the
merger as otherwise determined by Numbers 1
or 2 above. ORS 330.003 defines "merger" for
the purposes of II (I) as "any alteration, annex-
ation, merger, consolidation, lengthening the
course of study or any other change under ORS
330.090 to 330.107, 335.490 to 335.505, ORS
Chapter 333..."
Merger as defined in ORS 330.003(b) includes only
those proceedings in which the entire territory of
an involved school district is merged.
NOTE: Methods 3 or 4 are in addition to and not
in-lieu-of methods I or 2. For example, a district
could have both an annexation tax base increase
and a newly voter-approved tax base increase in the
same year. (See Attorney General Opinion, OF
2257-V; 4-11-78.)
Note that the "year following the annexation," is
the fiscal year, July I to June 30, as defined in ORS
308007 Annexations filed with the department
and the county assessor after the March 31 dead-
line, but effective on or before July I, are used for
computing tax base increases, even though the
county assessor will not make the necessary
changes to the assessment and tax roll until the
next year. In this case the tax base increase is taken
but the district: tax levy will only be extended to
the territory existing before the annexation.
The local government must follow statutes when es-
tablishing an effective date for a given annexation.
For example, if a city annexes an area, ORS
222.180 will determine the effective date of
the annexation. This statute states that the ef-
fective date is the date of the filing with the
Secretary of State. This date affects whether
the city's tax base may be increased. If an
annexation was approved by the Secretary of
State on May 30, 1995, and approved by the
Department of Revenue on August 8,1995,
the annexation must be used to increase the
tax base for fiscal 1995-1996 or the increase
would be for.feited. In this case the increased
city tax levy will only be extended against the
territory of the city before the annexation for
the 1995-1996 fiscal year.
For non-school local governments, tax base in-
creases as the result of annexations are calculated
by using the worksheet on the back page of the
Form LB-50. An example of how an increase is
calculated follows.
6
FORM
LB-50
NOTICE OF PROPERTY TAX LEVY
To assessor of 5 "'-n\ P I ~
1995-96
County
. File no later than JULY 15.
. Be sure to read instructions in the 1995-96 Notice 01 Property Tax Levy Forms and Instructions booklet.
DCheck here it this is
an amended tOnTl
On
.JlAn.l?_ d" ,1911the Bt:Ja..rd
of C:;a..inD/I!. n;st,.,'cf"
Mu"ucipLlCorporation
,.,f
D,'r"c.fors
..5<l..mol,,-
I
T//(,(stro...f;llY\
Coy
Govem<ngBoc:1y
County, Oregon. levied taxes as follows:
J ~ Vi fll1J,f. <; rre.e f
Ma/ng Address 01 DislnCl
f/n/\ ~"a..fI1 pJp_
ConlaCl Person
OR
State
~700()
'"
Au..d1P.!-()fF;c e.r
"'"
~7P,-IODJ
DaytlmeT&lfIQhone
7-1/)-'1~
Ollie
PART I: TOTAL PROPERTY TAX LEVY
o a men! '.Revenu se nl
1. Levy within the tax base (cannot exceed box 11, Part II)
..1.
1.
2. One-year levies (outside tax base) (itemize these levies in Part III) . .
2.
2.
3. Continuing levies (millage and fixed) (itemize in Part 111)
3.
3.
4. Serial levies (itemize in Part III) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.
4.
5. Amount levied for payment of bonded indebtedness
5.
5.
6. TOTAL AMOUNT to be raised by taxation (add boxes 1 through 5) . . . . . 6.
6.
PART II: TAX BASE WORKSHEET (If an annexation occurred in the preceding fiscal year, complete Part IV first)
7. VOTED TAX BASE, if any ---Mil. 1. 1'1 '10
Dale I VoIer ApprtlV1ll
................ ....... ...... I~
Amount VoIer Approved
I.fo, (JOO
.
8. CONSTITUTIONAL LIMITATION - Tax base portion of preceding three levies actually levied.
IBa
19;:-~3 I 16b itti;
9. Largest of Ba, Bb, or Be 19a. .5"1.), 'f'le I mull'phed by 1.06 =
Note: This is a constitutional limitation and can NOT be rounded up
'{'II Cj 'N
Actual Amounl LCMed
I 1'.;-";'51
Actual AmountLIMe(\
I '3:"11 I
IBC
51) 'f'J~
,
DO NOT ROUND UP
9b.
10. Annexation increase (from Part IV, box 7, on back of form) .
. . . . . . - . . . . . . . . . . . . . . . + . . . . . . . . . .
10.
11. Adjusted tax base (largest of box 9b plus box 10; or box 7 plus box' 0) .
11.
PART III: SCHEDULE OF ALL SPECIAL LEVIES - Enter all speoallevles on this Schedule II there are more than three levies, attach a sheet showing the
information !oreach
Type of levy Purpose Dale voters approved First Final Tolal tax levy authoriZed per Amount 01 tax levied
(one-year, serial. (operating. capital batlotmeasure year year to year by voters or rale II this year as a result
or continuing) construc1ion. or mixed) authorizlngtax levy leVied be levied lax rate serial or millage levy 01 voler approval
Enter value used to compute millage levies or tax rate serial levies .................... ................
lSQ.5Q4..050(Rev9-94)
1995-96
7
PART IV: ANNEXATION WORKSHEET
1.
Area
Effective Date 01 Annexation
Assessed Value 01 Anneked Area as 017-1-94
A
- ,S'
B
c
D
It more than four annexations, attach sheet showinQ the above information tor each annexation
2. Total assessed value 01 annexed araas (sum of A through D) . . . . . . .12.
13
4. Assessed value of annexing entity on July " 1994 . . . . . . . . . . . . . . .14.
SID
.
CJCJD
3. Tax base levied by annexing entity for fiscal year 1994-95
SO 1f9B
.
5. Tax base rate of annexing entity (divide box 3 by box 4)
'I I 7JS; OOD
I
IsLLCLL ~.L 1L dJ
.......... ....... 16
7. TOTAL ANNEXATION INCREASE (multIply box 6 by 1.06) I
Enter this amount In box 10. Part II, on front altorm . . . . . .. 7
6 Annexation increase (multiply box 2 by box 5)
fr:.11. ;1..0
DO NOT ROUND UP
C,5Y.:13
PART V: LIMITATIONS PER OREGON REVISED STATUTES
A. Certain Municipal Corporations - See the GAS chapter under which the municipal
corporation was formed. THIS SECTION DOES NOT APPLY TO ALL MUNICIPAL
CORPORATIONS. Does NOT apply to Bond Limitations.
1. Value of municipal corporation from most recent tax roll
3. Total dollar amount authorized by statutory limit (box 1 multiplied by box 2)
(Total of Part I, lines 1,2.3, and 4, cannot exceed thiS amount.)
1,
I
12
13
2. Statutory limitation of municipal corporallon per ORS Formation Chapter_
File with your assessor no later than JUL Y 15, unless granted an extenSion in writmg.
LB-50
1995-96
8
School District Procedures
Schools: Along with the procedures mentioned
above, school districts must file on the "School
District Boundary Change" form, (see Appendix
A), with the department and the assessor.
This form verifies that all districts affected by the
boundary change have been brought into the pro-
cess. Include the minutes of the boundary board
meeting and an accurate map outlining the affected
areas with this form.
Tax base increases through boundary changes for
school districts are described on page 6 number 4,
the "merger/summing" method. This method is
described in more detail in Article XI, Section
11(f), ORS 328.735 and ORS 330.003 to 330.435.
The "merger/summing" method is the only
method school districts may use to increase their
tax base as the result of a boundary change. The
annexation process described in subsection 4 of
Section 11, Article XI does not apply to school
districts as defined in ORS 330.003 (2).
Non-equalization Education Service Districts fol-
low non-school district annexation calculations in
Article XI, Section I I (4)(b).
See pages 13 and 14 for statute and constitutional
information.
Selected Statutory
Boundary Change Authority
For boundary change procedures that apply to a
specific type of governmental unit or municipal cor.
poration, refer to the Oregon ReVised Statutes fot
further reading. The following list IS not Intended
to be exhaustive.
ORS 198 Special Districts
Governs speCial districts in general. A gen-
erallisting of those districts covered by the
chapter are detailed in ORS 198010 The
chapter provides for formation of new diS-
tricts, dissolution procedutes, and bound-
ary changes resulting from annexations,
withdrawal of property, mergers, and con-
solidations. The definitions for each of
these terms is provided in ORS 198.705
and additIOnal districts are defined In ORS
198.710.
ORS 199 Boundary Commissions
Creates two boundary coordinating entities
(the Portland Metropolitan Area Local
Government Boundary Commission and
Lane County Local Government Bound-
ary Commission) and provides for the cre-
ation of additional entities. The chapter
further describes the authority and jurisdic-
tion of boundary commissions and requires
them to establish procedures for boundary
creation, dissolution, and changes in gen-
eral.
ORS 202 Counties
Provides for the establishment of new
counties. This authority is not frequently
used.
ORS 222 Cities
Provides for boundary changes of cities
through annexations, mergers, and consoli-
dation procedures. This chapter also de-
scribes conditions under which a city
annexes property to remove danger to pub-
lic health.
ORS 330 School Districts
Provides for boundary changes and merg-
ers of school districts. Mandatory mergers
and unification of school districts by 1996
is discussed in an uncodified sectIOn sum-
marizing Chapter 393 OR Laws 1991 di-
rectly following ORS 330.310.
ORS 334 Educational Service Districts
(ESDs)
Provides for boundary changes, including
mergers, of educational service districts,
The State Board of Education is the bound-
ary board for ESDs.
ORS 341 CommunIty Colleges
Provides for boundary changes of Commu-
nity Colleges. The State Board of Educa-
tion is established as the boundary board.
It addresses issues of elections, effective
dates, and the division of assets and liabili-
ties.
9
Questions and Answers
Q. If maps and descriptions of boundary changes
must be filed with the department and the as-
sessor on or before March 31 in final approved
form, what constitutes "final approved
form"?
A. "Final approved form" means:
The effective date of the boundary change is
on or before July I of the fiscal year in which
the changes are being filed,
The boundary descriptions have been pre-
pared to the specifications of ORS
308.225(2)(b); and
There is no action pending that can affect the
territory of the boundary change as it was
originally approved by the governing body;
e.g., appeals, court decisions, or altering the
original provisions or territory. Final ap-
proved form can include those changes
which have not become final or effective by
March 31, but which are certain to become
final or effective on or before July I of the
same year.
Q. What is the difference between a final and a
proposed boundary change?
A. A final boundary change is one that is effective
on or before March 31 or will be effective with
no further action by July I of a given year. A
proposed boundary change is a boundary
change for which all of the documentation is
complete however the effective date is after
March 31st but on or before July I. The ordI-
nance, order, or resolution creating the pro-
posed boundary change must be in final form
and submitted to the department and the asses-
sor on or before March 31. An example is
school districts which are by law always effec-
tIve May 31.
Q. What extent of detail is required in the legal
description? Is the description from the origi-
nallegal description sufficient?
A. The requirements of a legal description are out-
lined in ORS 308.225(2)(b). A description al-
ready in existence from a previous boundary
change may not meet the requirements of the
description under current law. Check the current
requirements to ensure the description con-
forms. Contact the Cartographic Unit of the De-
parttnent of Revenue to be sure you understand
the current requirements.
Q. What type of errors may be found during the
review by the Department of Revenue?
A. Errors are listed in three categories:
I. Typographical error-An uncorrected er-
ror such as an obvious transposition, a
word or number left out, or any other mi-
nor problem with the ordinance or descrip-
tion that, does not alter the intent or
meaning of the change. Most boundary
changes with typographical errors are ap-
proved with a note on the approval slip re-
questing the error be corrected.
2. Major error-The language of the bound-
ary change or description is worded such
that it might easily be misinterpreted. This
type of error generally omits critical infor-
mation on the change, information on the
description or the description and the map
that was submitted do not match. This type
of error is normally rejected and the action
necessary to correct the change for
resubmission is communicated to the tax-
ing district.
3. Fatal error-An error in the boundary
change that is submitted where the intent
cannot be determined. This type of change
will be rejected. The department will not
critique the documents submitted nor indi-
cate corrective action.
Remember, any boundary change information that
has to be corrected for any reason requires a cor-
recting ordinance, order, or resolution to be passed
by the governing body and refiled with the required
agenCIes.
Copies of boundary changes or amended bound-
ary change documents must be filed with the Sec-
retary of State, county assessor, county clerk, and
the Department of Revenue. There may be other
agencies that need boundary information also. The
filing with the department and the assessor is for
"assessment purposes only" and does not have a
bearing on any other requirement of the district.
10
Q. What does the department review?
A. Each boundary change submitted to the depart-
ment by a taxing district or the governing body
of a county or city is checked for accuracy and
conformance with the statutes applicable to as-
sessment and taxation. When the department
determines whether a change is approved or re-
jected, notification is made to the taxing dis-
tricts, assessor, and the governing body on a
form titled, "Notice to Taxing DistrIcts"
County assessors normally will not change the
boundaries of a district without this notice.
Q. Why was the March 31 date established?
A. The March 31 date was established to give the
assessors time to update their maps and records
so that taxes could be extended to the new ler-
ritory. The review time includes the
department's screening responsibilities under
ORS 308.225. The department has 30 days to
determine the status of the change and 5 days
after that determination to notify the district's
governing body. Submissions which contain er-
rors but were received and not corrected before
March 31 automatically become proposed
changes. Districts have until July I to correct the
documents and resubmit an amended version.
The corrected documents, if approved, will be
acknowledged on the tax roll for the ensuing
year.
Q. What are some of the common errors found
in boundary change documents?
A. The most common errors in the boundary
change process are:
Descriptions and maps not matching.
. No map submitted.
Descriptions are expressed in tax lot numbers.
Changes are not filed with the proper parties
Resolutions or ordinances are unsigned.
Q. When computing a tax base increase due to
annexation, the value of the territory to be an-
nexed is obtained from the county assessor. If
the assessor erroneously undervalues the ter-
ritory and the error is discovered after the tax
roll is certified the annexing entity will not be
able to levy the full benefit of the tax base in-
crease. Is there a way to correct the error so
that the entity will be able to use the proper
tax base amount in the current or future years?
A. No. No authority exists which would permit an
annexing entity to "correct" a current year er-
ror, nor are there exception provisions to the
limited window provided by the Constitution
for districts taking the "one time" tax base in-
crease.
Q. A city-annexed property's effective date for
annexation was March 1,1995. The maps and
descriptions were filed in final approved form
by March 31, 1995. In April 1995, an appeal
of the annexation is filed with the Land Use
Board of. Appeals. Does the appeal affect the
boundary change in terms of its "finality" for
the purposes of extending the district's tax
levy?
A. Yes. The purpose of ORS 308.225 is to estab-
lish a date when certainty can be given to the
assessment roll. If a city were to tax a newly
annexed area where the annexation was under
appeal, and that annexation was later found to
be void, the county as tax collector would be
required to make refunds to those owning prop-
erry in that area. Because the Land Use Board
of Appeals has the power to overturn improper
decisions, rendering them without effect, the an-
nexation cannot be considered "final" for the
purposes of extending the district's levy to the
annexed territory. The assessor should not rec-
ognize such changes.
Q. If territory is withdrawn from a district, is the
old district's tax base reduced?
A. No. A taxing district does not "lose" tax base
authority when it has territory withdrawn.
If, however, the boundary change is not filed in
conformance with ORS 308.225, the assessor
cannot recognize the withdrawal and the with-
drawing district's tax levy will continue to be ex-
tended to that territory. This could result in
properties being taxed for the same service by
two taxing districts.
Q. A city is contemplating annexation of certain
property which is temporarily receiving a tax
exemption. The city wants to maximize its tax
base growth as the result of the annexation.
If the property is annexed while it is in total
or partial exemption status is the city's tax
base annexation formula calculated using the
real market value or the specially assessed
value?
11
A. The tax base annexation formula of the city
would be calculated using the specially assessed
value for the fiscal year of the annexation. Ar-
ticle XI, Section II (4)(b) states that the tax base
of an annexing entity be, "increased by an
amount equal to the equalized assessed valua-
tion of the taxable property in the annexed ter-
ritoty..." (emphasis added). As exempt property
is by definition not taxable, the value of the non-
taxable property cannot be used to increase the
city's tax base.
Q. If a district's boundary information is not filed
with the department by March 31, can the dis-
trict levy the increase in its tax base on July
15? Assume the ananexation is final by July I
of that year.
A. Yes. The district must levy its tax base increase
in the fiscal year following an annexation or the
increase is lost, even if the boundaries are not
changed.
The assessor cannot change the district's bound-
aries for tax purposes where boundary informa-
tion is not filed by March 31. Only the patrons
within the "old" boundaries will pay the in-
crease that first year.
Q. Is there a way to receive an extension of time
to file boundary changes beyond March 3l?
A. No.
Q. Does the formation of a new district provide
the district with tax base levy authority?
A. No. New districts must receive voter approval
to levy taxes. If a district is being formed un-
der the provisions of Chapter 198 the district
may be required to ask for tax base authority
at the time of formation. ORS 198.815 (4) says
in part,
(4) When the proposal for formation in-
cludes a tax base for the proposed dis-
trict, the ballot title shall clearly indicate
that a single question is being proposed
which is:
(a) Whether the proposed district shall be
formed; and
(b) Whether the tax base specified in the
ballot title shall be adopted as the initial
tax base of that district.
(5) When the proposal for formation in-
cludes a tax base for the proposed dis-
trict, if the proposal is approved by a
majority of the votes cast, that tax base
shall be the initial tax base of the new
district.
Q. Maya district, in one resolution, order, or
ordinance both annex and withdraw
territory?
A. Yes.
12
From Oregon Revised Statutes, 1993 Replacement Part, Vol. 12
308.225 Boundary change or proposed bound-
ary change; procedure. (1) In preparing the assessment
roll in any year, a county assessor shall disregard
changes or proposed changes described in subsections
(3) and (4) of this section in the boundary lines of any
taxing district levying ad valorem taxes if the description
and map showing changes or proposed changes are not
flied in final approved form, m accordance with and at
the time required by subsection (2) of this section.
(2)(a) If a boundary change is made or pro-
posed, the person, governing body, officer, administra-
tive agency or court making the determination that the
boundary change is final shall file with the county as.
sessor and the Department of Revenue the legal descrip-
tion of the boundary change or proposed change and an
accurate map showing the change or proposed change
in final approved form, prior to the next March 3l.
(b)(A) Except as is otherwise provided in sub.
paragraph (B) of this paragraph the legal description of
the boundary change shall consist of a senes of courses
in which the first course shall start at a point of begin.
ning and the final course shall end at that point of be.
ginning. Each course shall be identified by bearings and
distances and, when available, refer to deed lines, deed
comers and other monuments, or, in lieu of bearings and
distances, be identified by reference to:
(i) Township, range, section or section subdivi-
sion lines of the U S. Rectangular survey system.
(ii) Survey center line or nght of way lines of
public roads, streets or highways.
(iii) Ordinary high water or ordmary low wa.
ter of tidal lands.
(iv) Right of way lines of railroads.
(v) Any line identified on the plat of any re-
corded subdivision defined m ORS 92.0 I O.
(vi) Donation land claims.
(vii) Line of ordinary high water and line of
ordinary low water of rivers and streams, as defined in
ORS 274.005, or the thread of rivers and streams.
(B) In lieu of the requirements of subparagraph
(A) of this paragraph, boundary change areas conform-
ing to areas of the U S. Rectangular survey may be de-
scribed by township, section, quarter-section or
quarter-quarter section, or if the areas conform to sub-
division lots and blocks, may be described by lot and
block descriptIOn.
(c) A map shall be provided to the filing body by the
county assessor or the department WIthin 14 days after
the ftling body notifies the assessor and department that
a boundary change is being proposed. The boundary
line shall then be accurately entered thereon by the per-
son, body, officer or agency making the fliing.
(d) The description and map shall be flied in
final approved form not later than March 31 prior to the
tax year to which the change applies. Proposed bound-
ary changes shall be certified to the county assessor and
the department in the same manner as boundary
changes. If the taxing district is located in more than
one county, the description and map shall be filed with
the assessor in each county and with the department
within the time provided in this subsection.
(3) For purposes of this sectton, boundary
change means the change that occurs in the boundaries
of a district by reason of:
(a) The formation of a new district;
(b) The consolidation or merger of two or more
districts or parts thereof;
(c) The annexation of territory by a district;
(d) The withdrawal of territory from a district;
or
(e) The dissolution of a district.
(4) For the purposes of this section, a proposed
change means a boundary change which has not be.
come final or effective by March 31, but which is cer-
tain to become final or effectIve on or before July I of
the same year.
(5) Each description and map filed under sub-
section (2) of this section shall be submItted to the De.
partment of Revenue and approved or disapproved
within 30 days of receipt.
(6) Within five days of IIS determination, the
Department of Revenue shall mail to each county as-
sessor with whom a filing has been made and to the fli-
ing body notice of its approval or disapproval under
subsection (5) of this section. If disapproved, the depart-
ment shall explain what steps must be taken to correct
the description or map, and shall cooperate with the fli.
ing body in helping 11 meet the requirements of this sec-
tion, and whenever possible, the filing date of March 31.
Corrected descriptions and maps must then be resub.
mitted to the department, and approved, and flied with
the assessor or assessors.
(7) The filing of the description and map un-
der this section is for assessment and taxation purposes
only and does not affect or relate to filing for any other
purpose.
13
Oregon Constitution
Section 11. Tax limitation. (1) Except
as provided in subsection (3) of this section,
no taxing umt, whether It be the state, any
county, municipality, district or other body
to which the power to levy a tax has been
delegated, shall in any year so exercise that
power to raise a greater amount of revenue
than its tax base as defined In subsectlOn (2)
of this section. The portion of any tax levied
in excess of any limitation imposed by thIS
section shall be void.
(2) The tax base of each taxing unit in a
given year shall be one of the following:
(a) The amount obtained by adding six
percent to the total amount of tax lawfully
levied by the taxing unit, exclusive of
amounts described in paragraphs (a) and (b)
of subsection (3) of this section, in anyone
of the last three years in which such a tax
was levied by the unit; or
(b) An amount approved as a new tax
base by a majority of the legal voters of the
taxing unit voting on the question submitted
to them in a form specifying in dollars and
cents the amount of the tax base in effect
and the amount of the tax base submitted for
approval. The new tax base, if approved,
shall first apply to the levy for the fiscal
year next following its approval.
(3) The limitation provided in subsectlOn
(1) of this section shall not apply to
(a) That portion of any tax ]e\'Ied whIch
JS for the payment of bonded indebtedness or
interest thereon.
(b) That portion of any tax leVIed whIch
is specifically voted outside the JimltatlOn
Imposed by subsection (1) of thIS sectIOn. bv
a majority of the legal voters of the taxIng
unit voting on the question.
(4) Notwithstanding the prOVISions of
subsections (1) to (3) of this sectIon, the fo].
lowing special rules shall applv dUrIng the
periods indicated:
(a) During the fiscal year folloWInB the
creation of a new taxing unit which mcludcs
property previously included In 3 simIlar
taxing unit, the new taxing unit and the old
taxing unit may not levy amounts on. t11e
portions of property received or retamec
greater than the amount obtained b\. addmg
six percent to the total amount of t3'\ law-
fully levied by the old taxmg U:1l1 (\!~ :~H
portion received or retained, exclu~]\T (,:
amounts described in paragraphs la' and, b
of subsection (3) of this section, In an\" ont'
of the last three years in which such 'a tax
was levied.
(b) During the fiscal year followmg the
annexation of additional propert\. to 3n ex.
isting taxing unit, the tax base of the annex.
ing unit established under subsection (2) of
this section shall be increased by an amount
equal to the equalized assessed valuation of
the taxable property in the annexed territory
for the fiscal year of annexation multiplied
by the millage rate within the tax base of the
annexing unit for the fiscal year of annex.
ation, plus six percent of such amount.
(c) Whenever any taxing unit merges
with one or more other taxing units without
expanding its territory, in the first fiscal
year of the merger, the tax base of the
merged taxing unit shall be equal to the tax
bases of all of the taxing units included in
the merger for the prior fiscal year, plus six
percent thereof.
(5) The Legislative Assembly may prOVIde
for the time and manner of calling and hold.
ing elections authorized under this section.
However, the question of establishing a new
tax base by a taxing unit other than the
state shall be submitted at a regular state.
wide general or primary election. [Created
through S.J.R. No, 33, 1961, adopted by people Nov 6,
1962 (this section adopted in lieu of former section 11
of this Article); Amendment proposed by H.J.R 28. 1985,
and adopted by people May 20, 1986]
Section lla. School district tax levy,
(1) Notwithstanding section 11 of this Arti.
cle, in any year, a school district may levy
ad valorem property taxes for operating pur.
poses in an amount that, together with other
levies, is not in excess of the amount levied
for operating purposes in the preceding year.
(2) A Ie\'\' referred to in subsectlOn (1) of
this section shall not be considered in deter-
mining the limitation imposed under sectlOn
] 1 of this Article.
(3) Notwithstanding subsectlOn '.5' of
scctlOn 11 of this Article, the questIon of es.
tablishIng a new tax base by a school distnct
may be submitted onlv once annually on a
dat'e specified by the LegislatIve Asse~,bh'
(4) The Legislative Assembly shall bv law
lmplement this section. NotV.lithstanding
5cctlons 1 and 28, Article IV and sectIOn la.
ArtIcle IX of this ConstitutIOn, the InItial
]egls]ation, chapter 16, Oregon Laws 19Ri
!Enrolled Senate Bill 278), shall take efTect
on the effective date of this section. [Cceated
:~rough S.J,R. 3, 1987, adopted by people May 19. 198'71
Section lIb. Property tax categories;
limitation on categories; exceptions. (11
Dunng and after the fiscal year 199] .92.
:a:\es lmposed upon any property shall be
separated into two categories: One which
dedIcates revenues raised specifically to fund
the public school system and one which ded.
Icates revenues raised to fund government
14
operations other than the public school sys-
tem. The taxes in each category shall be
limited as set forth in the table which fol-
lows and these limits shall apply whether the
taxes imposed on property are calculated on
the basis of the value of that property or on
some other basis:
MAXIMUM ALLOWABLE TAXES
For Each S100000 of
Property's Real Market Value
Fiscal Year School System Other than SdlOO]S
$15.00
$12.50
$10.00
$ 7.50
$ 5.00
$1000
S10.00
$10.00
$10.00
$10.00
1991-1992
1992-1993
1993-1994
1994-1995
1995-1996
and thereafter
Property tax revenues are deemed to be
dedicated to funding the public school system
if the revenues are to be used exclusively for
educational services, including support serv.
ices, provided by some unit of government,
at any level from pre-kindergarten through
post-graduate training.
(2) The following definitions shall apply
to this section:
(a) "Real market value" IS the mInImUm
amount in cash which could reasonabh. be
expected by an informed seller acting ,vith-
out compulsion, from an informed buyer act-
ing without compulsion, In an "arms-length"
transaction during the penod for whIch the
property is taxed.
(b) A "tax" is any charge Imposed by a
governmental unit upon property or upon a
property owner as a direct consequence of
ownership of that property except incurred
charges and assessments for local Improve-
ments.
(c) "Incurred charges" include and are
specifically limited to those charges b,. gov-
ernment which can be controlled or a,.oIded
by the property owner.
(i) because the charges are based on the
quantity of the goods or services used and
the owner has direct contro1 over the quan-
tity; or
(ii) because the goods or sen.'ices are
provided only on the specific request of the
property owner; or
(iii) because the goods or serYlces are
provided by the governmental unlt only after
the individual property owner has failed to
meet routine obligations of ownershIp and
such action is deemed necessary to enforce
regulations pertaining to health .or safety
Incurred charges shall not exceed the
actual costs of providing the goods or serv-
ices.
(d) A "local improvement" is a capital
construction project undertaken by a gov-
ernmental unit
(i) which provides a special benefit only
to specific properties or rectifies a problem
caused by speCIfic properties, and
(ii) the costs of which are assessed
against those properties in a single assess-
ment upon the completion of the project, and
(iil) for which the payment of the assess-
ment plus appropriate mterest may be spread
over a period of at least ten years.
The total of all assessments for a local
improvement shall not exceed the actual
costs incurred by the governmental unit in
designing, constructing and financing the
project.
(3) The limitations of subsection (1) of
this section apply to all taxes imposed on
property or property ownership except
(a) Taxes imposed to pay the principal
and interest on bonded indebtedness author-
ized by a specific provision of this Constitu-
tion.
(b) Taxes imposed to pay the principal
and interest on bonded indebtedness incurred
or to be incurred for capital construction or
improvements, provided the bonds are offered
as general obligations of the issuing govern-
mental unit and provided further that either
the bonds were issued not later than No-
vember 6, 1990, or the question of the issu-
ance of the specific bonds has been approved
by the electors of the issuing governmental
unit.
(4) In the event that taxes authorized by
any provision of this Constitution to be Im-
posed upon any property should exceed the
hmitation imposed on either category of tax-
Ing units defined in subsection (1) of this
section, then, notwithstanding any other
provision of this Constitution, the taxes im-
posed upon such property by the taxing units
in that category shall be reduced evenly by
the percentage necessary to meet the limita-
tIOn for that category. The percentages used
to reduce the taxes imposed shall be calcu-
lated separately for each category and may
vary from property to property within the
same taxing unit. The limitation imposed by
this section shall not affect the tax base of
a taxing unit.
(5) The Legislative Assembly shall re-
place from the State's general fund any re-
venue lost by the public school system
because of the limitations of this section.
15
The Legoslatlve Assembly IS authorized,
however, to adopt laws whIch would limit
the total of such replacement revenue plus
the taxes imposed within the limitations of
this section in any year to the corresponding
total for the previous year plus 6 percent.
This subsection applies only during fiscal
years 1991-92 through 1995-96, inclusive.
[Created through initiative petition filed May 8, 1990,
adopted by people Nov. 6, 1990]
Section 11c. Limits in addition to
other limits. The limits in section 11 b of
this Article are in addition to any limits im-
posed on individual taxing units by this
Constitution. [Created through initiative petition
filed May 8. 1990. adopted by people Nov. 6. 19901
Section 11d. Effect of section 11b on
exemptions and assessments. Nothing in
sections 11b to 11e of this Article is intended
to require or to prohibit the amendment of
any current statute which partially or totally
exempts certain classes of property or which
prescribes special rules for assessing certain
classes of property. unless such amendment
is required or prohibited by the implementa-
tion of the limitations imposed by section 11b
of this Article. [Created through initiative petition
filed May 8. 1990. adopted by people Nov. 6. 19901
Section 11e. Severability of sections
11b, 11c and lId. If any portion, clause or
phrase of sections 11b to 11e of this Article
is for any reason held to be invalid or un-
constitutional by a court of competent juris-
diction, the remaining portions, clauses and
phrases shall not be affected but shall remain
in full force and effect. [Created through initi-
ative petition filed May 8. 1990, adopted by people No\'.
6. 1990!
Section 11f. School district tax levy
following merger. (1) If a school district
merges with one or more other school dis-
tricts and the merger is first effective for a
fiscal year beginning on or after January I,
1991, the tax base of the school district shall
be equal to the sum of the tax base amounts
for each of the school districts included in
the merger, as otherwise determined under
subsection (2) of section 11 of this Article.
(2) Subsection (4) of section 11 of this
Article does not apply to a school district.
The Legislative Assembly shall enact legis-
lation to carry out the provisions of this
section, including the circumstances under
which mergers occur. [Created through H,J.R. 14,
1989, adopted by people Nov. 6, 1990J
Note: Section I1f was designated as "Section llb"
by H.J.R. 14, 1989, adopted by people November 6, 1990.
16
Attorney General Opinion Abstracts
Taken from the Property Tax Law Abstracts, 1993 Cumulative Edtlon
308.225. BOUNDARY CHANGE OR
PROPOSED BOUNDARY CHANGE CER-
TIFIED AFTER MARCH 31 DISRE-
GARDED. Faulty Description in Ordi-
nance. The property description as contained
in the annexation ordinance of a certain county
IS somewhat difTerent from the property de-
scription used in the notice of public hearing
on the ordinance. The map submitted by the
city to the assessor's office does not appear to
fit either description, and cannot be platted to
establish a definite and clear boundary. The
use of the terms "legal description ofthe bound-
ary change" and the phrase "an accurate map"
in ORS 308.225(2), as amended by the 1969
Legislature, imply that the map must faith-
fully follow the property description. There-
fore the assessor is not bound to accept the
faulty description and can demand an accu-
rate, legal description before he orders a change
in the city boundaries to be shown on the tax
map. [OF 1163-V; 1-21-70.]
308.225. BOUNDARY CHANGE OR
PROPOSED BOUNDARY CHANGE CER-
TIFIED AFTER MARCH 31 DISRE-
GARDED. Taxing Districts. Do cities con-
stitute taxing districts under ORS 308.255,
which provides: "(1) In preparing the assess-
ment roll in any year, county assessors shall
disregard changes in the boundary lines oftax-
ing districts as described in subsection (3) of
this section or proposed changes described in
subsection (4) of this section when the changes
or proposed changes are certified to him in
accordance with subsection (2) of this section
subsequent to March 31 of such year." There
is no statutory definition of this term. From
several Supreme Court decisions it appears
that in its broad sense "district" may include a
city. Where the legislature intended to have a
more restricted meaning, it provided statutory
definitions. See e.g., ORS 198.010, 198.110,
198.180, 198.710, 199.425, 254.105 and
259.020. In the absence of any indication to
the contrary, it would seem that the term "tax-
ing districts" was not intended by the legisla-
ture to bear a narrow, restrictive meaning,
but was intended in the same broad sense as
"taxing unit" and "governmental unit," which
includes cities. In addition, the fact that ORS
308.225 was enacted to avoid disrupting the
.tax collecting process once it has advanced to
a certain stage Harvey Alum. v. School Dis-
trict No.9, 248 Or 167, 173,433 P2d 247 (1967)
would lead to this conclusion. [OF 1750-V;
8-1-74.]
308.225. BOUNDARY CHANGE OR
PROPOSED BOUNDARY CHANGE FILED
AFTER MARCH 31 DISREGARDED. Time
Element. In January, 1979, a school district
boundary board approved a petition transfer-
ring certain property from one district to an-
other district to become efTective May 31, 1979.
One of the districts filed a remonstrance
against the boundary change with the State
Board of Education under ORS 330.101(5). On
March 19, a legal description and map show-
ing the boundary change was filed with the
assessor. On April 19, the State Board of Edu-
cation confirmed the approval of the petition.
Was the boundary change efTective for pur-
poses of assessment and taxation by March 31?
The answer is no. ORS 308.225(2) provides
that the legal description of a boundary change
or proposed change and an accurate map of
the change shall be filed with assessor and
Department prior to March 31. In the instant
case the map and description were timely filed
with the assessor. However, the boundary
change itself was still in question. While ORS
308.225(4) requires the assessor to recognize a
proposed boundary change which has not be.
come final or efTective by March 31, the pro-
posed boundary change must be "certain to
become final or efTective prior to July 1 of the
same year" Since the State Board of Educa.
tion had not acted with respect to the remon-
strance by March 31, it could not be said that
on March 31, the proposed boundary change
was certain to become final or effective prior
to July 1. The purpose of ORS 308.225, is to
avoid disrupting the tax collection process once
it has advanced to a certain stage. See, Harvey
Alum. v.
17
School District No.9, 248 Or 167. 173. 433
P2d 247 (1967). Therefore, it appears that.
since the change was not certain on March 31.
it must be disregarded by the assessor in prepa-
ration of the assessment rolls for the 1979-80
tax year, but should be recognized for the
1980-81 tax year. [OF 2303-V; 5-15-79.]
18
Appendix A
SCHOOL DISTRICT BOUNDARY CHANGE
Special Instructions:
1. The final order is to be filed in compliance w~h ORS 308.225.
2. The order is not final until after the 20 day remonstrance period has expired and shall not be filed until after that date.
If a remonstrance is filed, the order will not be deemed final.
3. A copy of the Boundary Board minutes. the area involved, and an accurate map w~h the affected properties outlined
on ~ must be attached to this form.
4. Please provide a copy of this form and the above documents to your County Assesso~s Office.
Before the Boundary Board of
County
In the matter of tranferring property
from School District No. _
and School District No. _
to School District No. _
and School District No.
Final Order No.
or
D.O.A. Number
Whereas a petition/resolution was filed , 19 _ , to consider transfer/merger of the following property
from School District No. _ and School District No. _ .
to School District No. _ and School District No. _ .
(Property described here per requirements of ORS 308.225.) If you need more space, please use the back of this torm.
All assets and liabilities of the school districts involved in the boundary change have been equnably divided in accordance
with ORS 330.123.
The property involved in the boundary change will continue _ will not continue _ to be responsible for bonded
indebtedness of the district from which they are being served.
Dated this _ day of
19_
(H a joint distrid)
Attested
Attested
CIeri<
County Boundar; Boanl
CIeri<
County Boundar; Boanl
Attested
Attested
Superintendent, School District No.
Superinwndent, School District No.
Attested
Attested
Superintendent. School District No.
Superintendent, School Disbict No.
150-SO<<l56 (Rev. 2-1lO)
19