Bill Text: OR HB4089 | 2012 | Regular Session | Enrolled

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Bill Title: Relating to annexation of noncontiguous territory; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-03-16 - Chapter 46, (2012 Laws): Effective date March 16, 2012. [HB4089 Detail]

Download: Oregon-2012-HB4089-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

                            Enrolled

                         House Bill 4089

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Rules)

                     CHAPTER ................

                             AN ACT

Relating to annexation of noncontiguous territory; creating new
  provisions; amending ORS 222.115; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 222.115 is amended to read:
  222.115.  { + (1)  + }A contract between a city and a landowner
  { - relating to extraterritorial provision of service and
consent to eventual annexation of property of the landowner
shall - }   { + containing the landowner's consent to eventual
annexation of the landowner's property in return for
extraterritorial services:
  (a) Must + } be recorded { + ; + } and  { - , - }
   { +  (b) + } When recorded,   { - shall be binding on all
successors with an - }   { + is binding on successors in + }
interest in that property.
   { +  (2) Notwithstanding any provision of ORS 195.205 to
195.225, 222.111 to 222.180, 222.750 or 222.840 to 222.915 or any
conflicting city charter or ordinance, the governing body of the
city may extend the boundaries of the city by the annexation of
noncontiguous territory if:
  (a) The owner of the noncontiguous territory to be annexed has
signed a contract containing the landowner's consent to eventual
annexation in exchange for provision of an extraterritorial
service pursuant to subsection (1) of this section or another
consent to annexation;
  (b) The city to which the territory will be annexed was under
the jurisdiction of a boundary commission formed under ORS
199.410 to 199.534 as of January 1, 2007;
  (c) Any portion of the territory to be annexed is within 200
feet of the existing boundary of the city to which the territory
will be annexed; and
  (d) The owner of the territory to be annexed first acquired an
interest in the property prior to January 1, 1973. + }
  SECTION 2. ORS 222.115, as amended by section 1 of this 2012
Act, is amended to read:
  222.115.   { - (1) - }  A contract between a city and a
landowner containing the landowner's consent to eventual
annexation of the landowner's property in return for
extraterritorial services:
    { - (a) - }   { + (1) + } Must be recorded; and
    { - (b) - }   { + (2) + } When recorded, is binding on
successors in interest in that property.

Enrolled House Bill 4089 (HB 4089-A)                       Page 1

    { - (2) Notwithstanding any provision of ORS 195.205 to
195.225, 222.111 to 222.180, 222.750 or 222.840 to 222.915 or any
conflicting city charter or ordinance, the governing body of the
city may extend the boundaries of the city by the annexation of
noncontiguous territory if: - }
    { - (a) The owner of the noncontiguous territory to be
annexed has signed a contract containing the landowner's consent
to eventual annexation in exchange for provision of an
extraterritorial service pursuant to subsection (1) of this
section or another consent to annexation; - }
    { - (b) The city to which the territory will be annexed was
under the jurisdiction of a boundary commission formed under ORS
199.410 to 199.534 as of January 1, 2007; - }
    { - (c) Any portion of the territory to be annexed is within
200 feet of the existing boundary of the city to which the
territory will be annexed; and - }
    { - (d) The owner of the territory to be annexed first
acquired an interest in the property prior to January 1,
1973. - }
  SECTION 3.  { + The amendments to ORS 222.115 by section 2 of
this 2012 Act become operative on January 1, 2013. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by House February 17, 2012

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate February 24, 2012

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 4089 (HB 4089-A)                       Page 2

Received by Governor:

......M.,............., 2012

Approved:

......M.,............., 2012

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2012

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 4089 (HB 4089-A)                       Page 3