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Sherwood council approves ballot language to give city authority over annexations
Summary
The council approved a charter amendment referral amending Section 3 (boundaries) to require voter-approved annexations except in public health emergencies and to assert the city’s exclusive authority over annexation procedures, saying the change preserves local control against state preemption.
Sherwood’s City Council unanimously approved ballot language Oct. 28 referring a proposed charter amendment that would change how annexations are decided in the city.
City staff read the proposed change to Section 3 (Boundaries) of the Sherwood City Charter, which would require voter approval for annexations except when a public health emergency (as defined in ORS 222.850 and ORS 222.855) makes that exception necessary. The amendment also declares that the city “shall have the exclusive authority to review, approve, or deny annexation requests subject to the procedures and standards adopted by ordinance,” and states that those procedures may not be preempted by state laws.
Staff and counsel said the goal is to preserve local decisionmaking authority while acknowledging existing court precedents. Ryan and land-use attorney Carrie Richters explained the language is intended to retain voter-approved annexation language in the charter and to clarify exceptions for narrowly defined public-health emergencies. Carrie noted existing case law (referred to in the meeting as the Corvallis holding) may limit the amendment’s enforceability in some circumstances.
Council discussion focused on balancing the desire to preserve voter rights with the legal realities of state case law and precedent. Councilors asked whether the passage threshold for the charter amendment is a simple majority (staff answered yes) and discussed whether the city intends to require voter approval on future annexations if voters adopt the amendment; staff said that would be a future political decision and could be constrained by case law.
The council moved, seconded and approved Resolution 2025-074 to place the annexation amendment and its explanatory statement on the special-election ballot.
Next steps: With the referral approved, staff will finalize ballot materials and publish the explanatory statement ahead of the special election. If voters approve the amendment in January, the charter language would be changed as described.
