CHAPTER 2.40: ANNEXATION AND BOUNDARY CHANGE FEES AND CHARGES

Section

   2.40.010   Definitions.

   2.40.020   Administrative cost to be paid.

   2.40.030   Boundary change deposit fee.

   2.40.040   Payment required notwithstanding boundary change action.

   2.40.050   Exclusions.

   2.40.090   Enforcement.

   2.40.110   Public service and utility priority.

§ 2.40.010 Definitions.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   Application includes a petition or any other form of initiatory action for an annexation or boundary change.

   Boundary Change means a major or minor boundary change.

   Boundary Change Procedure means the procedure defined and required by O.R.S. 199.460 to 199.534 inclusive.

   Boundary Commission or Commission refers to the local boundary commission created in accordance with O.R.S. 199.430.

§ 2.40.020 Administrative cost to be paid.

   Any applicant for a boundary change for the city, including proposed annexations, shall assume and pay or cause to be paid, the city’s actual costs of the boundary change procedure, including though not exclusively the costs of title reports, maps, aerial photos, engineering studies and surveys, if required by the city, filing fees assessed by the Boundary Commission, publication costs for required notices, attorney fees and legal expenses, and the city’s costs of any appeal from any final order of the Boundary Commission.

§ 2.40.030 Boundary change deposit fee.

   Each applicant for a boundary change shall pay to the City Recorder with the filing of the application a minimum fee in an amount set by Council resolution and any additional amount which the City Council may determine reasonably necessary to fully pay all the costs. Upon the conclusion of the matter and prior to the entry of the final order by the Boundary Commission, the balance, if any, of the costs shall be paid in full without interest.

§ 2.40.040 Payment required notwithstanding boundary change action.

   The city’s costs for boundary change shall be assumed and paid by the applicant, and notwithstanding the fact that the application is withdrawn by the applicant, denied by the Council, the Boundary Commission or a court on appeals.

§ 2.40.050 Exclusions.

   The provisions of this chapter relating to the deposit for costs, as required by § 2.40.030, shall not apply to boundary changes initiated by the Boundary Commission, the City Planning Commission, or on the Council’s own motion.

§ 2.40.090 Enforcement.

   A.   The Recorder of the city may use those means of collection as may be provided by the laws of the state or permitted by the Charter and ordinances of the city, and including though not exclusively a suit to foreclose liens as provided by O.R.S. Chapter 88.

   B.   If a court suit or action is instituted to collect the city’s administrative costs or the boundary change deposit fee, the city shall be entitled to collect, in addition to costs and disbursements as provided by statutes, those additional sums as any court, including any appellate court, may adjudge reasonable as attorneys’ fees in the suit or action.