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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Engrossed.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 183

                           A-Engrossed

                         House Bill 4089
                Ordered by the House February 15
          Including House Amendments dated February 15

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

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Allows owner of territory not contiguous to city to annex to
city if land is within   { - 500 - }   { + 200 + } feet of
existing city boundary { + , + }
  { - and - }  city was under jurisdiction of boundary commission
on January 1, 2007 { + , and owner acquired interest in territory
prior to January 1, 1973 + }.
  Sunsets   { - July 1, 2014 - }  { +  January 1, 2013 + }.
  Declares emergency, effective on passage.

                        A BILL FOR 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.
    { - (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. + }
                         ----------