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Damascus, Oregon, Disincorporation of the City of Damascus Act (2016)

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Measure 93: Damascus Disincorporation Act
LocalBallotMeasures Final.png
The basics
Election date:
May 17, 2016
Status:
Approveda Approved
Topic:
Incorporation, merging and boundaries of local jurisdictions
Related articles
Incorporation, merging and boundaries of local jurisdictions on the ballot
May 17, 2016 ballot measures in Oregon
Clackamas County, Oregon ballot measures
See also
Clackamas County, Oregon
Tom Mallams recall, Klamath County commission, Oregon (2016)

The Disincorporation of the City of Damascus Act was on the ballot for Damascus voters in Clackamas County, Oregon, on May 17, 2016, as a legislatively referred measure. It was approved.

A "yes" vote was a vote in favor of disincorporating the city of Damascus.
A "no" vote was a vote to keep Damascus as an incorporated city.

Overview

Damascus was the first Oregon city in 40 years to disincorporate.[1]

Disincorporated Damascus was made subject to Clackamas County zoning regulations, which were not designed to overtly address marijuana prohibition. Damascus residents voted against a statewide ballot measure in 2014 to legalize marijuana, but county officials were still concerned about marijuana proliferation in the city after disincorporation. Jennifer Hughes, principal planner with Clackamas County, said:[1]

In January 2005, the new City of Damascus adopted the zoning code that we had in place at the time. ... They've never amended it in the 11 years since. So, yes, barring some action on our part, marijuana businesses would appear to be legal in Damascus.[2]

Election results

Damascus, Measure 93
ResultVotesPercentage
Approveda Yes 2,834 66.93%
No1,40033.07%
Election results from Oregon secretary of state

Text of measure

Ballot title

The certified ballot title is as follows:[3]

Majority yes vote disincorporates city of Damascus; property to Clackamas County, net assets to taxpayers

Result of “Yes” Vote: Majority “yes” vote disincorporates City of Damascus, city must convey property to Clackamas County, satisfy debts/obligations, pay remaining funds to taxpayers, surrender charter.

Result of “No” Vote: “No” vote continues City of Damascus as municipal corporation under 2005 City of Damascus Charter.[2]

Ballot summary

The ballot summary is as follows:[3]

Article XI, section 2, of the Oregon Constitution, gives the legal voters of every city power to enact and amend their municipal charter. The City of Damascus currently operates under a 2005 charter. Measure provides that, if majority of voters approve measure, the City of Damascus shall convey all city property to Clackamas County, satisfy all city debts, obligations, liabilities and expenses, distribute excess funds to taxpayers, surrender its charter, disincorporate and cease to exist 61 days after election. City property rights and interests shall vest in Clackamas County; city records shall be deposited in Clackamas County clerk's office, city residents will become residents of unincorporated Clackamas County. Other provisions.[2]

Full text

The full text of the HB 3085, which was the bill that referred the question to the ballot, is as follows:[4]

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

SECTION 1. (1) Notwithstanding ORS 221.650, during the period that begins on the 30th day following the date of the election held pursuant to section 2 of this 2015 Act and ends on the 60th day following the date of the election, the City of Damascus shall:

(a) Expend moneys in the funds of the city to satisfy all debts, obligations, liabilities and expenses of the city, and transfer moneys to Clackamas County, in the manner required under section 1 (2), chapter , Oregon Laws 2015 (Enrolled House Bill 3086); and

(b) Convey, grant, assign and deliver all of the city’s real property and tangible and intangible personal property, other than moneys expended or transferred under paragraph (a) of this subsection, by proper conveyance, to Clackamas County for the benefit and use of the county.

(2) Notwithstanding ORS 221.610 and 221.621, on the 61st day following the date of the election held pursuant to section 2 of this 2015 Act:

(a) The City of Damascus shall surrender its charter, disincorporate and cease to exist.

(b)(A) The city shall cease to exist in its corporate capacity without any further or other formal action;

(B) The city’s property rights and interests shall vest in Clackamas County; and

(C) The auditor, clerk or other keeper of records in the city shall deposit the records of the city in the office of the county clerk.

SECTION 2. This 2015 Act shall be submitted to the people of the City of Damascus for their approval or rejection, by a majority of the voters voting on this 2015 Act, at a special election held on the same date as the next primary election.[2]

Path to the ballot

House Bill 3085 was introduced in the house on February 20, 2015. The Oregon House of Representatives approved the measure on April 2, 2015, with 59 representatives voting "aye" with one excused vote. It was approved by the Oregon Senate on June 17, 2015, with 21 senators voting "aye" and 9 voting "nay."[5]

State profile

Demographic data for Oregon
 OregonU.S.
Total population:4,024,634316,515,021
Land area (sq mi):95,9883,531,905
Race and ethnicity**
White:85.1%73.6%
Black/African American:1.8%12.6%
Asian:4%5.1%
Native American:1.2%0.8%
Pacific Islander:0.4%0.2%
Two or more:4.1%3%
Hispanic/Latino:12.3%17.1%
Education
High school graduation rate:89.8%86.7%
College graduation rate:30.8%29.8%
Income
Median household income:$51,243$53,889
Persons below poverty level:18.4%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Oregon.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Oregon

Oregon voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, two are located in Oregon, accounting for 0.97 percent of the total pivot counties.[6]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Oregon had two Retained Pivot Counties, 1.10 of all Retained Pivot Counties.

More Oregon coverage on Ballotpedia

Related measures

No measures concerning County and municipal government are certified for the ballot in 2016. They will be listed below if and when any are certified for the ballot.

Recent news

This section links to a Google news search for the term "Oregon + Damascus + disincorporation"

See also

Footnotes