The Legislative Assembly
finds that the provisions of ORS 199.476, 221.031, 221.040, 221.061,
221.106, 221.735 and this section are necessary to provide for the
orderly incorporation of territory adjoining existing cities. However,
the Legislative Assembly does not intend that the incorporation of such
territory affect the authority of special districts to enter into
agreements with cities newly incorporated under ORS 199.476, 221.031,
221.040, 221.061, 221.106, 221.735 and this section for the performance
of functions, services and activities by the district within the
boundaries of the city. [1981 c.890 §1]Note: 221.005 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. As used in ORS
221.020 to 221.100, unless the context requires otherwise:
(1) “County court” means a county court or board of county
commissioners.
(2) “City,” except in the term “incorporated city” in ORS 221.020,
means a city incorporated under ORS 221.020 to 221.100 or proposed to be
incorporated.
(3) “Population” means a city’s population as shown by the latest
annual estimate made pursuant to ORS 190.520.
(4) “Urbanized area” means territory within three miles of a city.
[Amended by 1965 c.579 §1; 1973 c.432 §1; 1983 c.83 §16] The people of an area, no part of
which lies in an incorporated city and in which 150 persons reside, may
incorporate a city by approving at an election called and held according
to ORS 221.031 to 221.061 a proposition provided by those sections for
incorporating the city.Note: Sections 5, 6 and 11, chapter 539, Oregon Laws 2005, provide:
Sec. 5. Section 6 of this 2005 Act is added to and made a part of
ORS 221.020 to 221.100. [2005 c.539 §5]
Sec. 6. Limitation on incorporation of industrial lot, parcel or
tract. (1) A lot, parcel or tract may not be included in unincorporated
territory proposed to be incorporated as a city unless the owner of the
lot, parcel or tract gives written consent to the incorporation, if the
lot, parcel or tract:
(a) Is zoned for industrial use or designated for industrial use
zoning in an acknowledged comprehensive plan;
(b) Is land on which no electors reside, unless one or more
electors living on-site are employed or engaged to provide security
services for the industrial user of the land;
(c) Has an assessed value of more than $2 million, including
improvements; and
(d) Is in unincorporated Jackson County, either:
(A) Within the urban unincorporated community of White City, west
of Oregon Route 62; or
(B) Within the urban growth boundary of the City of Medford, west
of Oregon Route 99.
(2) After incorporation of a city that includes a lot, parcel or
tract described in subsection (1) of this section, the development rights
that apply to the lot, parcel or tract under the industrial zoning
classification applicable to the lot, parcel or tract when the city is
incorporated are retained and run with the lot, parcel or tract.
(3) As used in this section, “urban unincorporated community” means
an unincorporated community that:
(a) Includes at least 150 permanent residential dwelling units;
(b) Contains a mixture of land uses, including three or more
public, commercial or industrial land uses;
(c) Includes areas served by a community sewer system; and
(d) Includes areas served by a community water system. [2005 c.539
§6]
Sec. 11. Sections 2, 4, 6, 8 and 10 of this 2005 Act are repealed
(1) Before circulating a petition to incorporate
unincorporated territory as a city, the petitioners shall file with the
county clerk of the county in which the proposed city lies or, should it
lie in more than one county, to the county clerk of the county in which
the largest part of its territory lies, a petition for incorporation in a
form prescribed by rule of the Secretary of State. If the economic
feasibility statement required by ORS 221.035 is submitted with the
petition, the county clerk shall immediately date and time stamp the
prospective petition and shall authorize the circulation of the petition.
The county clerk shall retain the prospective petition and economic
feasibility statement and shall immediately send two copies of the
prospective petition to the appropriate county court.
(2) A petition for incorporation filed with the county clerk under
subsection (1) of this section shall designate the name and residence
address of not more than three persons as chief petitioners, who shall be
electors registered within the boundaries of the proposed city. The
petition shall contain the name of the proposed city. The petition shall
also include a proposed permanent rate limit for operating taxes that
would generate operating tax revenues sufficient to support an adequate
level of municipal services. The tax rate limit shall be expressed in
dollars per thousand dollars of assessed value. The tax rate limit shall
be calculated for the latest tax year for which the assessed value of the
proposed city is available. There shall be attached to the cover sheet of
the petition a map indicating the exterior boundaries of the proposed
city. The map shall not exceed 14 inches by 17 inches in size and shall
be used in lieu of a metes and bounds or legal description of the
proposed city. If the territory proposed to be incorporated is within the
jurisdiction of a local government boundary commission, the petition
shall be accompanied by the economic feasibility analysis required under
ORS 199.476 (1). Notwithstanding subsection (1) of this section, unless
the economic feasibility analysis is approved by the local government
boundary commission as provided in ORS 199.522, the county clerk shall
not authorize the circulation of the petition.
(3) Each sheet of signatures shall be attached to a full and
correct copy of the petition for incorporation. Not more than 20
signatures on each sheet of the petition for incorporation shall be
counted. The circulator shall certify on each signature sheet that the
individuals signed the sheet in the presence of the circulator and that
the circulator believes each individual is an elector registered in the
county. If the territory proposed to be incorporated is within the
jurisdiction of a local government boundary commission, each signature
sheet shall contain a statement that the economic feasibility analysis
for the proposed city was approved by the boundary commission, that the
analysis is available for inspection at the offices of the boundary
commission and that subsequent to the gathering of the petitions the
boundary commission must review and finally approve the proposal prior to
submission at an election. [1981 c.890 §3 (enacted in lieu of 221.030);
1983 c.83 §17; 1987 c.882 §12; 1989 c.92 §29; 1997 c.541 §351; 1999 c.318
§22; 2005 c.396 §1](1) As used in this section:
(a) “Neighboring city” means a city that has any part of its
territory situated within three miles of the area proposed to be
incorporated.
(b) “Rural unincorporated community” means a settlement with a
boundary identified in an acknowledged comprehensive plan of a county and
that:
(A) Is made up primarily of lands subject to an exception to
statewide planning goals related to agricultural lands or forestlands;
(B) Either was identified in the acknowledged comprehensive plan of
a county as a “rural community,” “service center,” “rural center,”
“resort community” or similar term before October 28, 1994, or is listed
in the Department of Land Conservation and Development’s “Survey of
Oregon Unincorporated Communities” (January 30, 1997);
(C) Lies outside the urban growth boundary of a city or a
metropolitan service district; and
(D) Is not incorporated as a city.
(c) “Urban reserve area” has the meaning given that term in ORS
195.145.
(d) “Urban services” has the meaning given that term in ORS 195.065.
(2) When any of the area proposed to be incorporated as a city lies
within an urbanized area, but outside the urban growth boundary of a city
or a metropolitan service district:
(a) The area proposed to be incorporated must also be located
entirely within a designated rural unincorporated community and
contiguous lands subject to an exception to statewide planning goals
related to agricultural lands or forestlands.
(b) The petition required by ORS 221.031 must be accompanied by an
affidavit, signed by a chief petitioner, stating that:
(A) Ten percent of the electors registered within the area proposed
for incorporation favor the incorporation; and
(B) The chief petitioners have engaged the neighboring cities in
discussions concerning the effects of the proposed incorporation,
including discussions specifically relating to how those cities and the
proposed city will allow for expansion of urban growth boundaries and,
where applicable, for creation or expansion of urban reserve areas.
(c) The economic feasibility statement required by ORS 221.035 must:
(A) Indicate that the proposed city must plan for and provide urban
services in a cost-effective manner at the minimum level adequate to meet
current needs and projected growth;
(B) Contain a proposed permanent rate limit for operating taxes to
provide revenues for urban services; and
(C) Indicate that the proposed city must plan for residential
development at or above the same urban density planned for an existing
city, within the county, that has a similar geographic area within the
existing city’s urban growth boundary or, for a proposed city within
three miles of Metro’s boundary, a minimum urban residential density in
accordance with a statewide planning goal and rules pertaining to needed
housing for cities within Metro’s urban growth boundary.
(d) If the proposed city will be required to complete a public
facility plan and a transportation systems plan, the proposed city must
demonstrate the ability to provide urban services to meet current needs
and projected growth. The proposed city may meet this requirement, in
whole or in part, by establishing an agreement in principle with a city
or a district, as defined in ORS 195.060, to provide the urban services.
(3) If the governing body of a neighboring city determines that the
proposed incorporation adversely affects that city, the governing body
may ask the county court with which the petition for incorporation was
filed to reject the petition and terminate the incorporation proceedings.
The objections by the city to the incorporation shall be heard and
considered by the county court at a public hearing held under ORS 221.040.
(4) If, at the hearing held under ORS 221.040, the county court
finds that any of the requirements of subsection (2) of this section are
not met or that the proposed incorporation will adversely affect a
neighboring city, the county court shall provide by order for the
termination of the incorporation proceedings. The order shall contain the
findings of the county court relating to the proposed incorporation and
the reasons for terminating the incorporation proceedings.
(5) In the manner provided in ORS 197.830 to 197.845, the Land Use
Board of Appeals shall review, upon the petition of a party to the
incorporation proceedings, the order of the county court under subsection
(4) of this section. [2001 c.132 §2; 2005 c.396 §2]Note: 221.034 was added to and made a part of 221.020 to 221.100 by
legislative action but was not added to any other series in ORS chapter
221. See Preface to Oregon Revised Statutes for further explanation. (1) If a person
intends to file a petition for incorporation under ORS 221.031 (1), the
person may file a notice of intent to prepare an economic feasibility
statement with the county clerk of the county in which the proposed city
lies or, should it lie in more than one county, with the county clerk of
the county in which the largest part of its territory lies.
(2) When a petition for incorporation is filed under ORS 221.031
(1), an economic feasibility statement concerning the proposed city
described in the petition shall also be filed with the county clerk. The
economic feasibility statement shall be prepared by the persons
designated as the chief petitioners and shall form the basis for the
proposed permanent rate limit for operating taxes required by ORS 221.031
(2). The economic feasibility statement shall contain:
(a) A description of the services and functions to be performed or
provided by the proposed city;
(b) An analysis of the relationship between those services and
functions and other existing or needed government services; and
(c) Proposed first and third year budgets for the new city
demonstrating its economic feasibility. [1989 c.92 §28; 1997 c.541 §352;
2001 c.557 §3]For an area that
includes a rural unincorporated community, as defined in ORS 221.034, if
a notice of intent to prepare an economic feasibility statement is filed
under ORS 221.035 (1) or a petition for incorporation is filed under ORS
221.031 (1) before all or a part of the rural unincorporated community is
included in the acknowledged urban growth boundary of a metropolitan
service district organized under ORS chapter 268, the incorporation may
continue under the statutory requirements that apply to the incorporation
of a rural unincorporated community under ORS 221.034. However, the area
proposed to be incorporated may include any lands that are included in
the acknowledged urban growth boundary. [2001 c.557 §5]Note: 221.036 was added to and made a part of 221.020 to 221.100 by
legislative action but was not added to any other series in ORS chapter
221. See Preface to Oregon Revised Statutes for further explanation.(1) When a petition for incorporation
described in ORS 221.031 is signed by 20 percent or, in a county with a
population over 300,000, by 10 percent, of the electors registered in the
area proposed to be incorporated, the petition shall be filed with the
county court of the county in which the proposed petition was filed under
ORS 221.031. A petition shall not be accepted for filing unless all the
signatures on the petition were obtained within the six-month period
immediately following the date on which the petitions were filed under
ORS 221.031. Upon the filing of the petition, the county court shall fix
the time and place for the hearing of such petition and shall give notice
thereof by publication once each week for two successive weeks in a
newspaper published in the county where the petition is filed and of
general circulation within the boundaries, and by posting the notice for
the same period of time in three public places in the area proposed to be
incorporated. The notice shall state the time and place of the hearing,
describe the boundaries set forth in the petition and state the purpose
of the petition. If any portion of the proposed incorporation of a city
lies within another county or counties, then the notice shall be
published in a newspaper of general circulation in each of the counties
and in the same time and manner.
(2) At the time and place fixed for the hearing, or at any time and
place at which the hearing may be continued or postponed, any person
interested may appear and present oral or written objections to the
granting of the petition, the forming of the proposed incorporated city
or the estimated rate of taxation set forth in the petition. The court
may alter the boundaries as set forth in the petition to include all
territory which may be benefited by being included within the boundaries
of the proposed incorporated city, but shall not modify boundaries so as
to exclude any land which would be benefited by the formation of the
proposed city. No land shall be included in the proposed city which will
not, in the judgment of the court, be benefited. If the court determines
that any land has been improperly omitted from the proposed city and the
owner has not appeared at the hearing, it shall continue the hearing and
shall order notice given to the nonappearing owner requiring the owner to
appear before it and show cause, if any the owner has, why the owner’s
land should not be included in the proposed city. The notice shall be
given by publication and posting in the same manner as the original
notice for hearing and for the same period. For the purposes of this
subsection, “owner” means the legal owner of record except that if there
is a vendee under a duly recorded contract, the vendee shall be deemed to
be the owner.
(3) Upon the final hearing of the petition, the court, if it
approves the petition as originally presented or in an altered form,
shall provide by order for the holding of an election relating to the
incorporation of the proposed city. The order calling the election shall
fix the date of the election on the date of the next primary election or
general election that is not sooner than the 90th day after the date of
the order. The order shall contain:
(a) A description of the exterior boundaries of the proposed city
as determined by the court. The description shall be a metes and bounds
or legal description prepared by the county surveyor or county assessor.
The description prepared under this paragraph shall accurately describe
the exterior boundaries of the proposed city as indicated on the map
filed under ORS 221.031 (2) unless those boundaries were altered by the
county court, in which case the description shall accurately describe the
boundaries as altered;
(b) A provision requiring the county official in charge of
elections to include on the ballot for the election a description of the
boundaries of the proposed city using streets and other generally
recognized features and a statement of the proposed permanent rate limit
for operating taxes included in the petition for incorporation of the
proposed city as required by ORS 221.031, which statement shall comply
with the requirements of ORS 250.035; and
(c) The date on which the election will be held in the proposed
city. [Amended by 1953 c.593 §3; 1979 c.316 §9; 1981 c.890 §7; 1983 c.83
§18; 1983 c.350 §17; 1989 c.92 §30; 1995 c.712 §90; 1997 c.541 §353; 1999
c.21 §3](1) The county court shall submit the
proposition for incorporation determined as provided in ORS 221.040 to
the electors registered in the area proposed to be incorporated. At the
same election, five city council members for the proposed city shall be
elected.
(2) ORS chapters 246 to 260 govern the conduct of an election under
this section, including the nomination and election of the first city
council, except as follows:
(a) A nominating or primary election for the purpose of nominating
candidates for the city council shall not be held.
(b) Notwithstanding ORS 249.037, a nominating petition or
declaration of candidacy must be filed with the county clerk not sooner
than the 100th day and not later than the 70th day before the date of the
election.
(c) At the time of filing a declaration of candidacy, a candidate
for the first city council shall pay to the officer with whom the
declaration is filed a fee of $25.
(d) A nominating petition shall contain at least 25 signatures of
electors in the area proposed to be incorporated or a number of
signatures of electors equal to at least 10 percent of the number of
electors in the area proposed to be incorporated as of the date the
election is ordered under ORS 221.040, whichever is less.
(3) The proposed ballot title for an election under this section
shall be in compliance with ORS 250.036.
(4) Not later than the 30th day after an election called under ORS
221.040 the county court calling the election shall proclaim whether the
results of the election favor incorporation. The county court also shall
proclaim which candidates for city council are elected, if the results of
the election favor incorporation. The results of the election favor
incorporation if a majority of the votes cast on the proposition favors
incorporation and:
(a) At least 50 percent of registered electors eligible to vote in
the election cast a ballot; or
(b) The election is a general election in an even-numbered year.
(5) If the results of the election favor incorporation:
(a) The area described in the notice of election is incorporated as
a city from the date of the election;
(b) The proposed rate limit for operating taxes submitted to and
approved by the electors at the election shall be the permanent rate
limit for operating taxes for the new city; and
(c) The five council members elected under subsection (2) of this
section shall take office not later than the 10th day next following the
proclamation on the proposition and council election. [Amended by 1953
c.593 §3; 1983 c.350 §18; 1987 c.707 §4; 1987 c.267 §66; 1989 c.92
§§31,31b; 1995 c.607 §64; 1997 c.541 §354] (1) When a majority of votes cast in an
election held under this chapter for incorporation of a city favors
incorporation, all expenses of the election and the preparation of the
metes and bounds or legal description for the incorporation petition
under ORS 221.040 (3)(a) shall be paid from the general fund of the newly
incorporated city in the same manner that other claims against the city
are paid.
(2) When a majority of votes cast in an election held under this
chapter for incorporation of a city opposes incorporation, all expenses
of the election and the preparation of the metes and bounds or legal
description for the incorporation petition under ORS 221.040 (3)(a) shall
be paid from the general fund of the county in the same manner that other
claims against the county are paid. [1981 c.890 §9 (enacted in lieu of
221.060)] (1) Members of the
first city council shall serve the following terms:
(a) The two members receiving the two highest number of votes shall
hold office until the first Monday in January next following the second
general election held after incorporation of the city; and
(b) The three members receiving the three next highest number of
votes shall hold office until the first Monday in January next following
the first general election held after the incorporation.
(2) The county clerk shall prepare and deliver a certificate of
election to each candidate elected to the city council. [Amended by 1983
c.350 §19] Only those
cities which, prior to March 28, 1941, commenced incorporation according
to the procedure provided in sections 1 to 9, chapter 345, General Laws
of Oregon 1913, and actually completed incorporation according to
sections 1 to 7, chapter 453, Laws of Oregon 1941, are regarded as
legally incorporated cities under and subject to the provisions of ORS
221.010 to 221.090, 221.110 to 221.140 and 221.410, provided a majority
of those voting on the proposition to incorporate were in favor of
incorporation. [Amended by 1983 c.350 §20](1) No person
may sign a petition described in ORS 221.031 with a name not the person’s
own, or knowingly sign the person’s name more than once to any such
petition or sign any such petition when the person is not an elector.
(2) Violation of subsection (1) of this section is a Class C
felony. [1973 c.432 §3; 1981 c.890 §11; 1983 c.350 §21]CITY GOVERNMENT; OFFICERS; NOMINATIONS AND ELECTIONS; CHARTER AMENDMENTS The officers of a city created
under ORS 221.010 to 221.100 shall be five councillors, a municipal judge
and such other officers as the council deems necessary. Any resident of a
city shall be eligible to hold an office of the city. [Amended by 2003
c.14 §101]
Concerning the council of a city created under ORS 221.010 to 221.100:
(1) Three councillors shall be elected biennially.
(2) At an election for electing councillors, the candidates who
receive the three highest numbers of votes shall be deemed elected, and
of these three the ones receiving the two highest numbers of votes shall
hold office for four years and the remaining one shall hold office for
two years.
(3) A councillor’s term of office shall begin at the first council
meeting in the year immediately ensuing the year of the election of the
councillor.
(4) The council shall fill by appointment vacancies in its
membership.
(5) The term of office of an appointee to an office of councillor
shall be the remainder of the term of office of the immediate predecessor
of the appointee in the office.
(6) The powers of the city shall be vested in the council.
(7) A majority of the members of the council shall constitute a
quorum for action by the council.
(8) No action by the council shall have legal effect unless
concurred in by a majority of the council.
(9) The council shall meet publicly at least once each month.
[Amended by 2003 c.14 §102] Concerning the mayor of a city
created under ORS 221.010 to 221.100:
(1) Only councillors shall be eligible to serve as mayor.
(2) The council shall appoint a mayor at its first meeting of each
odd-numbered year.
(3) The mayor’s term of office shall be two years.
(4) The mayor shall be presiding officer of the council and shall
authenticate with the signature of the mayor all ordinances which the
council passes. [Amended by 2003 c.14 §103]The council of a city created under ORS 221.010 to
221.100 shall appoint a municipal judge and such other officers as it
deems necessary for the proper government of the city, who shall be
removable at the discretion of the council, receive such compensation as
the council approves, and have such powers and duties as the council
prescribes.
The amount of compensation for city police officers, municipal judges or
other city officers shall not be based upon the amount of revenues
collected from fines or any set percentage thereof. [1981 c.402 §1; 1999
c.1051 §261]Note: 221.145 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Whenever because of death,
resignation or other cause the number of the members of the governing
body of any city is insufficient to constitute a quorum for the
transaction of the business thereof, and the charter of such city does
not otherwise provide, the mayor, or if there is no mayor, a majority of
the remaining members of the governing body, may call a special election
for the purpose of electing a sufficient number of persons to fill all
the vacancies then existing in the governing body. For the purposes of
such election the mayor, or if there is no mayor, a majority of the
remaining members of the governing body, may appoint persons to act for
all offices necessary to the holding of such election where such offices
may be vacant. The appointments shall continue until a successor is
selected as provided for by the charter or law governing such city.
(2) If all positions in the governing body of a city become vacant
and if the charter of the city does not provide otherwise, the governing
body of the county in which the city maintains its seat of government
immediately shall appoint the number of persons sufficient to constitute
a quorum for the transaction of city business. The persons appointed by
the governing body of the county shall appoint a sufficient number of
persons to fill any remaining vacancies existing in the governing body of
the city. All persons appointed under this subsection shall serve until
successors are elected and qualified to serve. [Amended by 1981 c.173 §7]
(1) This section and ORS chapters 249 and 254 govern the manner of
nominating and electing candidates for municipal offices in all cities.
(2) Notwithstanding ORS 249.037, if a city does not hold a
nominating election for municipal offices, a nominating petition or
declaration of candidacy shall be filed not sooner than the 15th day
after the date of the primary election and not later than the 70th day
before the date of the general election. A candidate who is nominated
under this subsection may withdraw candidacy under ORS 249.830.
(3) All nominating petitions and declarations of candidacy shall be
filed with the city elections officer. If the city charter or ordinance
provides a manner of filing for nomination, a candidate for any office of
that city shall file in that manner. [Amended by 1957 c.608 §226; 1979
c.190 §408; 1983 c.350 §22; 1987 c.267 §67; 1995 c.712 §91] ORS chapters 246 to 260
govern the conduct of all city elections. [Amended by 1957 c.608 §228;
1979 c.317 §3; 1983 c.350 §23]The city council may refer and the people may initiate
municipal measures or amendments to the charter of a city as provided in
ORS 250.265 to 250.346, unless ORS 250.255 makes ORS 250.265 to 250.346
inapplicable to the city. [Amended by 1955 c.18 §1; 1983 c.350 §24] (1)
Except as provided in subsection (2) of this section, no election on a
city measure or for a city office shall be held on any date other than:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) An emergency election may be held on a date other than those
provided in subsection (1) of this section, if the city governing body by
resolution finds that an emergency exists that will require an election
sooner than the next available election date to avoid extraordinary
hardship to the community. A determination under this subsection as to
whether an emergency exists is within the sole discretion of the city
governing body.
(3) A city governing body, with adequate notice, shall hold a
public hearing, on a date other than a regularly scheduled council
meeting, for the purpose of making findings substantiating the fact that
an emergency exists before scheduling an election on a date other than
those specified in subsection (1) of this section.
(4) Notice of a city’s intent to hold an emergency election shall
be filed with the county elections authority no later than 47 days
preceding the desired election date. At the time the notice of election
is given to the county elections authority, the city shall also file with
the elections authority a certified copy of the ballot title and a copy
of the resolution and findings adopted by the city governing body to
authorize the emergency election as required under subsection (3) of this
section. [1979 c.316 §4; 1981 c.639 §5; 1985 c.808 §70; 1987 c.267 §68;
1989 c.923 §9; 1991 c.71 §3; 1993 c.713 §52; 1995 c.607 §65; 1995 c.712
§114]ORDINANCES As used in ORS
221.275 to 221.290:
(1) “Owner” or “owner of a vehicle” means the person listed as the
owner of a vehicle in the records of the Department of Transportation.
(2) “Rental or leasing company” means any person engaged in the
business of renting or leasing motor vehicles to the public. [1995 c.533
§2]
(1) It is an offense to be the registered owner of a motor vehicle parked
in violation of a city ordinance.
(2) It is an affirmative defense to a prosecution of the registered
owner of a motor vehicle under subsection (1) of this section that the
use of the vehicle was not authorized by the owner, either expressly or
by implication. [1995 c.533 §3](1) A
notice of delinquent parking violation containing the information
specified in ORS 221.333 shall be sent to each car rental or leasing
company that is the registered owner of a motor vehicle cited for being
parked in violation of a city ordinance within 30 days after the date on
which the citation for violation of the parking ordinance was issued.
(2) If a notice of delinquent parking violation is not sent to a
car rental or leasing company within 30 days after the date on which the
citation for violation of the parking ordinance was issued, the charge
against the car rental or leasing company of violating the parking
ordinance shall be dismissed and no further enforcement actions against
the car rental or leasing company or its vehicles may be taken.
(3) If the car rental or leasing company pays the amount specified
on the citation within 30 days after the date on which the notice of
delinquent parking violation was mailed to the car rental or leasing
company, the fine required to be paid shall not be increased beyond the
original amount specified in the citation.
(4)(a) If a court establishes a procedure for a car rental or
leasing company to provide, in a manner and format determined by the
court, information including the name, address and driver license number
of the person in whose name the vehicle was rented or leased at the time
of the violation of the parking ordinance, and the car rental or leasing
company provides the information in the required manner and format within
30 days after the date on which the notice of delinquent parking
violation was mailed to the car rental or leasing company, the renter or
lessee who had custody and control of the vehicle when the parking
violation occurred shall thereafter be the defendant in the prosecution
of the parking violation.
(b) A car rental or leasing company that provides the information
described in paragraph (a) of this subsection is discharged from any
obligation on the parking violation and is no longer a defendant in the
prosecution of the parking violation.
(c) A court may not establish a procedure pursuant to paragraph (a)
of this subsection unless the court consults and cooperates with
representatives from car rental or leasing companies.
(d) If a car rental or leasing company does not provide the
information required by the court under paragraph (a) of this subsection
within the time specified or provides the information in an incorrect
manner or format, the car rental or leasing company may recover the
amount of any fine paid to a city pursuant to ORS 221.287. [1995 c.533
§6; 1997 c.522 §1; 1999 c.1051 §262; 2001 c.715 §1] (1) A
car rental or leasing company is authorized to recover a fine paid to a
city in response to a citation for violation of a parking ordinance from
the customer who had possession of the motor vehicle at the time the
citation was issued.
(2) A car rental or leasing company may bill a customer directly
for the fine paid or may charge the fine paid as an ancillary or deferred
charge to any credit card provided by the customer.
(3) A car rental or leasing company has no liability to a customer
for any errors, omissions, negligence or fraud to the extent that the
errors, omissions, negligence or fraud resulted from acts or omissions of
the court or the city in the issuance of citations or the issuance of
notices of citations. [1995 c.533 §7; 1999 c.1051 §263]Notwithstanding ORS chapters 215 and 227, a city or county
ordinance based on health, safety or aesthetic considerations that
regulates the placement, screening or height of the antennas or antenna
support structures of amateur radio operators must reasonably accommodate
amateur radio communications and must represent the minimum practicable
regulation necessary to accomplish the purpose of the city or county.
However, a city or county may not restrict antennas or antenna support
structures of amateur radio operators to heights of 70 feet or lower
unless the restriction is necessary to achieve a clearly defined health,
safety or aesthetic objective of the city or county. [1999 c.507 §1]Note: 221.295 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) In cities having a population of 2,000 or more,
an ordinance or a franchise shall not take effect until 30 days after its
passage by the city council and approval by the mayor, unless it is
passed over the veto of the mayor. In that event, it shall not take
effect until 30 days after final passage over the mayor’s veto. However,
measures necessary for the immediate preservation of the peace, health
and safety of the city are excepted. These emergency measures shall
become immediately effective if they state in a separate section the
reasons why it is necessary that they should become immediately effective
and if they are approved by the affirmative vote of three-fourths of all
the members elected to the city council, taken by ayes and noes, and also
by the mayor. This subsection shall apply in every city in all matters
concerning the operation of the initiative and referendum in its
municipal legislation on which the city has not made or does not make
conflicting provisions.
(2) Except for ordinances necessary for the immediate health, peace
or safety, an ordinance enacted by the council of a city created under
ORS 221.010 to 221.100 shall take effect 30 days after its enactment.
(3) In cities having a population of 2,000 or more, a resolution
may take effect at any time after its passage by the city council. A
resolution shall state in a separate section the effective date of the
resolution. [Amended by 2001 c.34 §1](1)
Prosecution of violations of the charter or ordinances of a city in
circuit or justice court shall be by the city attorney and in the name of
such city. An agreement may be made between any city and, on behalf of
the state, the presiding judge for the judicial district in which all or
part of such city is located, that such violations be prosecuted for such
city in the circuit court by the district attorney in the name of the
State of Oregon. An agreement may be made, pursuant to ORS 190.010,
between any city and the county in which all or part of such city is
located, that such violations be prosecuted for such city in the justice
court by the district attorney in the name of the State of Oregon.
(2) Except as otherwise provided by an agreement made under
subsection (1) of this section in respect to the court, all fines, costs
and forfeited security deposits collected by the circuit or justice court
having jurisdiction of a violation of a city charter or ordinance shall
be paid as follows:
(a) One-half of all fines and forfeited security deposits shall be
credited and distributed under ORS 137.293 and 137.295 to the treasurer
of the city whose charter or ordinance was violated, as a monetary
obligation payable to the city.
(b) If collected by the circuit court, the costs and one-half of
the fines and forfeited security deposits shall be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation
payable to the state.
(c) If collected by the justice court, the costs and one-half of
the fines and forfeited security deposits shall be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the county
in which the court is located as a monetary obligation payable to the
county. [1973 c.645 §3; 1975 c.713 §2; 1981 s.s. c.3 §114; 1983 c.763
§48; 1987 c.905 §19; 1995 c.781 §41; 1995 c.658 §92a; 1999 c.1051 §264]
Ordinances passed by cities must be posted or published in a newspaper if
required by their respective charters; provided, that ordinances
establishing rules and regulations for the construction of buildings, the
installation of plumbing, electric wiring or other similar work, where
such rules and regulations have been printed as a code in book form, may
adopt such code or portions thereof by reference thereto without further
publication or posting thereof. Not less than three copies of such code
shall be filed, for use and examination by the public, in the office of
the city recorder of the city, prior to the adoption thereof. Cities may
adopt as ordinances any statute of the State of Oregon, the subject
matter of which is within the scope of the charter authority by reference
to the chapter or section, without further publication or posting thereof.(1) In all prosecutions for violation of motor
vehicle parking ordinances in cities, it shall be sufficient to charge
the defendant by an unsworn written notice if the notice clearly states:
(a) The date, place and nature of the charge.
(b) The time and place for defendant’s appearance in court.
(c) The name of the issuing officer or other person authorized to
issue the notice.
(d) The license number of the vehicle.
(2) The notice provided for in subsection (1) of this section shall
either be delivered to the defendant or placed in a conspicuous place
upon the vehicle involved in the violation. A duplicate original of the
notice shall serve as the complaint in the case when it is filed with the
court. In all other respects the procedure now provided by law in such
cases shall be followed, but ORS 810.365 does not apply. The officer or
person authorized to issue a citation need not have observed the act of
parking, but need only have observed that the car was parked in violation
of city ordinances. [Formerly 221.340]MUNICIPAL COURTS Any city of this state
may establish a municipal court by charter or by ordinance. [1999 c.788
§46](1) A municipal court has concurrent jurisdiction with circuit
courts and justice courts over all violations committed or triable in the
city where the court is located.
(2) Except as provided in subsections (3) and (4) of this section,
municipal courts have concurrent jurisdiction with circuit courts and
justice courts over misdemeanors committed or triable in the city.
Municipal courts may exercise the jurisdiction conveyed by this section
without a charter provision or ordinance authorizing that exercise.
(3) Municipal courts have no jurisdiction over felonies.
(4) A city may limit the exercise of jurisdiction over misdemeanors
by a municipal court under this section by the adoption of a charter
provision or ordinance, except that municipal courts must retain
concurrent jurisdiction with circuit courts over:
(a) Misdemeanors created by the city’s own charter or by ordinances
adopted by the city, as provided in ORS 3.132; and
(b) Traffic crimes as defined by ORS 801.545.
(5) Subject to the powers and duties of the Attorney General under
ORS 180.060, the city attorney has authority to prosecute a violation of
any offense created by statute that is subject to the jurisdiction of a
municipal court, including any appeal, if the offense is committed or
triable in the city. The prosecution shall be in the name of the state.
The city attorney shall have all powers of a district attorney in
prosecutions under this subsection. [1999 c.1051 §40]Note: 221.339 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) Any municipal court
may become a court of record by the passage of an ordinance by the
governing body of the city in which the court is located. The city shall
ensure that a court reporter or audio recording reporting device is
provided for each municipal court made a court of record under this
section.
(2) The appeal from a judgment entered in a municipal court that
becomes a court of record under this section shall be as provided in ORS
chapter 138 for appeals from judgments of circuit courts.
(3) As a qualification for the office, a municipal judge for any
municipal court that becomes a court of record must be a member of the
Oregon State Bar. [1999 c.682 §3; 2003 c.687 §7]
(1) A judgment docketed by a municipal court may be enforced in the
manner provided in ORS 221.346 and 221.351 if:
(a) The municipality has registered the court with the Department
of Revenue; and
(b) The municipality has provided to the Department of Revenue the
name and address of a person authorized to act on behalf of the court.
(2) Any municipality that has registered under this section must
immediately notify the Department of Revenue of any changes to the
information provided to the department under this section.
(3) At least once each year, the Department of Revenue shall
publish a registry of municipal courts in this state that includes all
information provided to the department by municipalities under this
section. The department may use electronic publication of the registry to
meet the requirements of this subsection.
(4) Registration by a municipal court under this section is
irrevocable.
(5) The provisions of this section and ORS 221.346, 221.351 and
221.352 do not apply to a circuit court exercising the jurisdiction of a
municipal court under ORS 3.136. All judgments entered by a circuit court
exercising the jurisdiction of a municipal court under ORS 3.136 may be
enforced as provided for judgments of circuit courts.
(6) The provisions of this section and ORS 221.346, 221.351 and
221.352 do not apply to proceedings for enforcement of ordinances
governing the parking of vehicles. Ordinances governing the parking of
vehicles shall be enforced as provided by other law. [1999 c.788 §7] (1) Subject to
the requirements of ORS 221.344, enforcement proceedings on a judgment
docketed by a municipal court may include:
(a) Writ of execution proceedings for personal property under ORS
18.252 to 18.850.
(b) Proceedings in support of execution under ORS 18.265, 18.268
and 18.270.
(c) Garnishment proceedings under ORS 18.600 to 18.850.
(2) In addition to the enforcement proceedings specified in
subsection (1) of this section, a docketed municipal court judgment may
be enforced by the court that rendered the judgment through the issuance
of a writ of execution on real property under ORS 18.252 to 18.850. A
writ of execution on real property may be issued by a municipal court
only after a certified copy of the judgment or a lien record abstract for
the judgment is recorded in the County Clerk Lien Record for the county
in which the municipal court is located.
(3) ORS 18.038, 18.042, 18.048 and 137.071 apply to judgments
rendered in municipal courts.
(4) The provisions of this section apply to all judgments docketed
in municipal courts, including judgments imposed in violation proceedings
and other criminal proceedings. [1999 c.788 §8; 2001 c.249 §76; 2003
c.576 §98]Note: Section 62 (4) and (5), chapter 788, Oregon Laws 1999,
provides:
Sec. 62. (4) Except as provided in subsection (5) of this section,
sections 8 and 9 of this 1999 Act [221.346 and 221.351] apply only to
judgments issued by municipal courts on or after the effective date of
this 1999 Act [October 23, 1999].
(5) A judgment issued by a municipal court before the effective
date of this 1999 Act may be enforced in the manner provided by sections
8 and 9 of this 1999 Act if:
(a) The municipal court has registered with the Department of
Revenue in the manner required by section 7 of this 1999 Act [221.344];
(b) The municipal court has established a docket that conforms to
the requirements in section 10 of this 1999 Act [221.352];
(c) The judgment has not expired under the provisions of section 17
of this 1999 Act [18.194] and has been docketed in the docket of the
municipal court; and
(d) Before the docketing of the judgment, the judgment debtor has
been given written notice of the docketing, by personal service or
certified mail, return receipt requested, and has been afforded an
opportunity to be heard. [1999 c.788 §62(4),(5)](1) Subject to the requirements of ORS 221.344, a
lien on real property of a judgment debtor may be acquired under a
judgment docketed in a municipal court in the manner provided in this
section. A lien on real property of a judgment debtor may be acquired
under the provisions of this section only if:
(a) The judgment when docketed in the municipal court exceeds
$3,000; or
(b) Two or more judgments against the same debtor are docketed in a
municipal court in favor of a single judgment creditor and the total
amount owing to the judgment creditor, determined by adding the amount of
each individual judgment as of the date the judgment is docketed, is
greater than $3,000.
(2) After a judgment is docketed in a municipal court, a certified
copy of the judgment or a lien record abstract for the judgment may be
recorded in the County Clerk Lien Record for the county that contains the
municipal court that rendered the judgment. The judgment must be in an
amount in excess of $3,000 as required by subsection (1) of this section,
or be in excess of $3,000 when added to one or more other judgments in
favor of a single judgment creditor as provided in subsection (1) of this
section. The certified copy or lien record abstract may be recorded by
the judgment creditor or by the agent of the judgment creditor at any
time after the judgment is rendered and before the judgment expires under
ORS 18.194 or is fully satisfied. From the time the judgment is recorded
in the County Clerk Lien Record, the judgment is a lien upon the real
property of the defendant in the county.
(3) A certified copy of a docketed municipal court judgment or a
lien record abstract for the judgment may be recorded in any County Clerk
Lien Record. The judgment must be in an amount in excess of $3,000 as
required by subsection (1) of this section, or be in excess of $3,000
when added to one or more other judgments in favor of a single judgment
creditor as provided in subsection (1) of this section. A certified copy
of the judgment or a lien record abstract for the judgment need not be
recorded in the county that contains the court that rendered the judgment
before a certified copy or a lien record abstract is recorded in any
other county. If a certified copy of the judgment or a lien record
abstract for the judgment has been recorded in any County Clerk Lien
Record, a lien record abstract for the judgment in the form provided by
ORS 18.170 may be recorded in the County Clerk Lien Record for any other
county. From the time the certified copy or lien record abstract is
recorded in the County Clerk Lien Record of another county, the judgment
is a lien upon the real property of the defendant in that county.
(4) A certified copy of a certificate of extension filed under ORS
18.194, or a lien record abstract for the certificate of extension, may
be recorded in a County Clerk Lien Record in the same manner as provided
for judgments under this section and with like effect. The judgment must
meet the requirements of subsection (1) of this section.
(5) The recording of a certified copy of a municipal court judgment
or a lien record abstract under this section does not extend the lien of
the judgment more than 10 years from the original entry of the judgment
in the municipal court.
(6) The fee for recording a certified copy of a municipal court
judgment or a lien record abstract under this section shall be as
provided in ORS 205.320.
(7) A municipal court and county clerk may enter into an agreement
to allow for electronic recording of judgments and lien record abstracts
under this section. [1999 c.788 §9; 2003 c.576 §99]Note: See note under 221.346. (1) A municipal court of this state
that registers under ORS 221.344 must maintain a docket. A municipal
judge must enter the following information in the docket for the
municipal court:
(a) The title of every action or proceeding commenced in the court,
with the names of the parties thereto and the time of commencement
thereof.
(b) The date of making or filing any pleading.
(c) An order allowing a provisional remedy, and the date of issuing
and returning the summons or other process.
(d) The time when each party appears, or a party’s failure to do so.
(e) Every postponement of a trial or proceeding, upon whose
application and to what time.
(f) The demand for a jury, if any, and by whom made.
(g) The order for a jury and the time appointed for trial.
(h) The return of an order for a jury, the names of the persons
impaneled and sworn as a jury and the names of all witnesses sworn and at
whose request.
(i) The verdict of the jury and when given or, if the jury
disagrees and is discharged without giving a verdict, a statement of such
disagreement and discharge.
(j) The judgment of the court and when given.
(k) The date on which any judgment is docketed in the docket.
(L) The fact of an appeal having been made and allowed, and the
date thereof, with a memorandum of the undertaking, and the justification
of the sureties.
(m) Satisfaction of the judgment or any part thereof.
(n) A memorandum of all orders relating to security release.
(o) All other matters that may be material or specially required by
any statute.
(2) The docket of a municipal court under this section may be
maintained in electronic form. [1999 c.788 §10; 1999 c.1051 §322a] No judge
of a municipal court having two or more judges shall hear to try any
action, matter or proceeding if a party thereto or an attorney appearing
therein moves the court for a change of judge on grounds of prejudice.
The motion shall be supported by an affidavit stating that the judge
before whom the action, matter or proceeding is pending is prejudiced
against the party or attorney, and that the affiant or the client of the
affiant cannot or believes that the affiant or the client of the affiant
cannot have a fair and impartial trial or hearing before the judge, and
that such motion is not filed for the purpose of delay. The motion shall
be filed before the action, matter or proceeding is to be tried or heard.
No party or attorney shall make more than one application in any action,
matter or proceeding. [Formerly 221.348] (1) In all prosecutions
for any crime defined and made punishable by any city charter or
ordinance the defendant shall have the right of trial by jury, of six in
number. Juries shall be selected from the latest tax roll and
registration books used at the last city election in the same manner in
which juries are selected for circuit courts. The verdict of the jury
shall be unanimous.
(2) Where provision is made for the payment of jury fees by the
defendant as a deposit to ensure a jury trial, and where the defendant is
found not guilty, the deposit shall be returned to the defendant.
(3) The deposit required by the municipal court to ensure the right
of trial by jury, under the charter of the city, shall not be greater
than that provided by ORS 10.061 in courts other than circuit courts for
payment for each juror sworn multiplied by the number of jurors
constituting a jury under the terms of the charter. [Formerly 221.349] Any city
may enter into an agreement pursuant to ORS 190.010 with another city for
the provision of judicial services. A municipal judge providing services
to another city pursuant to such an agreement shall have all judicial
jurisdiction, authority, powers, functions and duties of the municipal
court of the other city and the judges thereof with respect to all and
any violations of the charter or ordinances of the other city. Unless the
agreement provides otherwise, and subject to the provisions of ORS
153.630, all fines, costs and forfeited security deposits collected shall
be paid to the prosecuting city, and that city shall reimburse the city
providing judicial services for expenses incurred under the agreement.
The exercise of jurisdiction under such an agreement by a municipal judge
shall not constitute the holding of more than one office. [Formerly
221.335](1) A city having
a population of 300,000 or less may enter into an agreement with the
State Court Administrator for the provision of judicial services by the
circuit court for the county in which the city is located.
(2) A circuit court providing services to a city under an agreement
entered into under subsection (1) of this section shall have all judicial
jurisdiction, authority, powers, functions and duties of the municipal
court of the city and the municipal court judges with respect to any
violations of the charter or ordinances of the city.
(3) Unless an agreement entered into under subsection (1) of this
section provides otherwise, and subject to the provisions of ORS 153.630,
all fines, costs and forfeited security deposits collected shall be paid
to the city, and the city shall reimburse the circuit court providing
judicial services for expenses incurred under the agreement.
(4) The exercise of jurisdiction under an agreement entered into
under subsection (1) of this section by a circuit court judge shall not
constitute the holding of more than one office. [Formerly 221.337]Note: 221.357 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.APPEALS (1) Except as
provided in subsection (3) of this section, whenever any person is
convicted in the municipal court of any city of any offense defined and
made punishable by any city charter or ordinance, such person shall have
the same right of appeal to the circuit court within whose jurisdiction
the city has its legal situs and maintains its seat of city government as
now obtains from a conviction from justice courts. The appeal shall be
taken and perfected in the manner provided by law for taking appeals from
justice courts, except that in appeals taken under this section, ORS
221.360, 221.380 or 221.390:
(a) The notice thereof shall be served upon the city attorney;
(b) When the notice of appeal has been filed with the court from
which the appeal is being taken, the appellate court shall have
jurisdiction of the cause. Failure to serve a notice of appeal on the
appropriate attorney shall not preclude jurisdiction in the appellate
court; and
(c) No undertaking providing for the payment of costs and
disbursements shall be required.
(2) Except as provided in subsection (3) of this section, in a
prosecution of any offense defined and made punishable by any city
charter or ordinance, a plaintiff may appeal to the circuit court within
whose jurisdiction the city has its legal situs and maintains its seat of
city government in the manner provided by ORS 157.020 (2) for taking
appeals from justice courts.
(3) The provisions of this section apply only to municipal courts
that have not become courts of record under ORS 221.342. Appeals of
criminal judgments in municipal courts that have become courts of record
under ORS 221.342 shall be as provided in ORS chapter 138 for appeals
from judgments of circuit courts. [Formerly 221.350; 2003 c.687 §8] In all
cases involving the constitutionality of the charter provision or
ordinance under which the conviction was obtained as indicated in ORS
221.359, such person shall have the right of appeal to the circuit court
in the manner provided in ORS 221.359, regardless of any charter
provision or ordinance prohibiting appeals from the municipal court
because of the amount of the penalty or otherwise. An appeal may likewise
be taken in such cases from the judgment or final order of the circuit
court to the Court of Appeals in the same manner as other appeals are
taken from the circuit court to the Court of Appeals in other criminal
cases. Where the right of appeal in such cases depends upon there being
involved an issue as to the constitutionality of the charter provision or
ordinance, the decision of the appellate court shall be upon such
constitutional issue only. [Amended by 1969 c.198 §78; 1985 c.342 §17]
Whenever the validity of a charter or ordinance provision of any city
comes in issue in a trial for violation of charter or ordinance
provision, the trial judge shall determine such issue of validity and
make a decision and order thereon before making any decision as to the
facts in the particular case.From an order declaring a charter or ordinance
provision invalid, the city may appeal from the municipal court to the
circuit court for the county in which the city has its legal situs and
maintains its seat of city government; and, from such order by a circuit
court, may appeal to the Court of Appeals, in the same manner as appeals
are taken in criminal cases to such courts. Upon the order of the
appellate court upon such issue the case shall be remanded with
direction. If a city so appeals, pending the appellate decision thereon,
the defendant shall be released, with or without bond, for reappearance
at the discretion of the trial court, until such time as the case is
remanded. [Amended by 1975 c.227 §1; 1985 c.342 §18; 1995 c.658 §94; 1999
c.788 §52](1) When any person convicted in a municipal court
appeals to the circuit court as provided in ORS 221.359 and 221.360, such
person shall be tried in the circuit court pursuant to the statutes which
prescribe the procedure for trial of violations of the criminal statutes
of the state, except that the prosecution shall be handled by an attorney
provided by the city with the municipal court from which the appeal was
taken.
(2) Within 10 days following the return of the verdict in the
circuit court, the clerk of the court shall notify the recorder or
corresponding officer of the city, in writing, of the outcome of the
trial, and shall give like notice of any sentence imposed.
(3) Upon a verdict of guilty the circuit court judge may impose any
sentence within the limits prescribed by the charter or ordinance for
violation of which the conviction was had, and if a fine is imposed, it
shall be paid to the clerk of the court and by the clerk remitted, on or
before the 10th day of the following month, to the proper city officer.
(4) This section does not apply where the appeal involves only an
issue of constitutionality of the charter or ordinance. [Amended by 1985
c.342 §19]AUTHORITY TO REGULATE LOCAL MATTERS; LICENSING AND TAXATION(Generally)(1) Except as limited by express provision or
necessary implication of general law, a city may take all action
necessary or convenient for the government of its local affairs.
(2)(a) A city may not, unless authorized to do so by its electors,
contract a voluntary floating indebtedness in excess of the sum of $5,000
for general city purposes. A city official or employee who creates or
officially approves such an indebtedness in excess of the limitation
shall be liable for the amount of the excess.
(b) Notwithstanding paragraph (a) of this subsection, a city may
contract a voluntary floating indebtedness in excess of the sum of $5,000
for general city purposes without an election specifically approving the
indebtedness if authorized to do so by a statute or charter.
(3) As used in this section, “city” has the meaning given that term
in ORS 221.010. [Amended by 2003 c.195 §9]Recognizing the independent basis
of legislative authority granted to cities in this state by municipal
charters, the Legislative Assembly intends by ORS 221.415, 221.420,
221.450 and 261.305 to reaffirm the authority of cities to regulate use
of municipally owned rights of way and to impose charges upon publicly
owned suppliers of electrical energy, as well as privately owned
suppliers for the use of such rights of way. [1987 c.245 §1]Note: 221.415 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) As used in
this section:
(a) “Public utility” has the meaning for that term provided in ORS
757.005.
(b) “Commission” means the Public Utility Commission of Oregon.
(c) “Council” means the common council, city council, commission or
any other governing body of any municipality wherein the property of the
public utility is located.
(d) “Municipality” means any town, city or other municipal
government wherein property of the public utility is located.
(e) “Service” is used in its broadest and most inclusive sense and
includes equipment and facilities.
(f) “Heating company” means any person furnishing heat but not
electricity or natural gas to its customers.
(2) Every city may:
(a) Determine by contract or prescribe by ordinance or otherwise,
the terms and conditions, including payment of charges and fees, upon
which any public utility, electric cooperative, people’s utility district
or heating company may be permitted to occupy the streets, highways or
other public property within such city and exclude or eject any public
utility or heating company therefrom.
(b) Require any public utility, by ordinance or otherwise, to make
such modifications, additions and extensions to its physical equipment,
facilities or plant or service within such city as shall be reasonable or
necessary in the interest of the public, and designate the location and
nature of all additions and extensions, the time within which they must
be completed, and all conditions under which they must be constructed.
(c) Fix by contract, prescribe by ordinance, or in any other lawful
manner, the rates, charges or tolls to be paid to, or that may be
collected by, any public utility or the quality and character of each
kind of product or service to be furnished or rendered by any public
utility furnishing any product or service within such city. No schedule
of rates, charges or tolls, fixed in the manner provided in this
paragraph, shall be so fixed for a longer period than five years.
Whenever it is proposed by any city to enter into any contract, or to
enact any ordinance, or other municipal law or regulation concerning the
matters specified in this paragraph, a copy of such proposed contract,
ordinance or other municipal law or resolution shall be filed with the
Public Utility Commission of Oregon before the same may be lawfully
signed or enacted, as the case may be, and the commission shall
thereafter have 90 days within which to examine into the terms thereof.
If the commission is of the opinion that in any respect the provisions of
the proposed contract, ordinance or other municipal law or resolution are
not in the public interest, the commission shall file, in writing, with
the clerk or other officer who has the custody of the files and records
of the city, the commission’s reasons therefor. If the objections are
filed within said period of 90 days, no proposed contract, ordinance or
other municipal law or regulation shall be valid or go into effect until
it has been submitted to or ratified by the vote of the electors of the
city. Unless and until a city exercises its powers as provided in this
paragraph, the commission is vested with all powers with respect to the
matters specified in this paragraph. If the schedule of rates, charges
and tolls or the quality and character of each kind of product or service
is fixed by contract, ordinance or other municipal law or regulation and
in the manner provided in this paragraph, the commission has no power or
jurisdiction to interfere with, modify or change it during the period
fixed thereby. Upon the expiration of said period such powers shall again
be vested in the commission, to be exercised by the commission unless and
until a new schedule of rates or the quality and character for such
service or product is fixed or prescribed by contract, ordinance or other
municipal law or regulation in the manner provided in this paragraph.
(d) Provide for a penalty for noncompliance with the provisions of
any charter provision, ordinance or resolution adopted by the city in
furtherance of the powers specified in this subsection. [Amended by 1971
c.655 §245; 1987 c.245 §2; 1987 c.628 §1; 1989 c.5 §1; 1989 c.999 §6;
1999 c.1093 §6]Except as provided in ORS 221.655, the city council or other
governing body of every incorporated city may levy and collect from every
electric cooperative, people’s utility district, privately owned public
utility, telecommunications carrier as defined in ORS 133.721 or heating
company operating for a period of 30 days within the city without a
franchise from the city and actually using the streets, alleys or
highways, or all of them, in such city for other than travel on such
streets or highways, a privilege tax for the use of those public streets,
alleys or highways, or all of them, in such city in an amount not
exceeding five percent of the gross revenues of the cooperative, utility,
district or company currently earned within the boundary of the city.
However, the gross revenues earned in interstate commerce or on the
business of the United States Government shall be exempt from the
provisions of this section. The privilege tax authorized in this section
shall be for each year, or part of each year, such utility, cooperative,
district or company operates without a franchise. [Amended by 1987 c.245
§3; 1987 c.447 §115; 1989 c.999 §§7,8; 1999 c.865 §30; 1999 c.1093 §7] All
franchises, privileges or permits for the use of the public highways,
streets or alleys granted after June 5, 1931, by any municipal
corporation shall not be granted for a longer term than 20 years, and
shall be subject to the provision of ORS 221.470.
(1) All property and materials (including poles, posts, towers, wires,
conduits, mains, pipes, rails, tracks, ties, railways, pole lines,
telegraph, telephone or electric transmission lines, or structures or
equipment of any kind) placed in, on, upon, over, under or beneath any
public highway, street or alley of this state or municipal corporation,
under or by virtue of any grant, privilege or franchise, shall be removed
by the owners or owner of the same within one year after the expiration
of the grant, privilege or franchise, which permitted the erection or
installation of the same, unless further time is granted by the municipal
corporation having authority so to do.
(2) Except as otherwise provided in subsection (3) of this section,
if all the property and materials referred to in subsection (1) of this
section are not removed within one year after the termination or
expiration of the grant, privilege or franchise or such further time as
may be granted by the state or municipal corporation, all and every part
thereof shall be forfeited and escheated to the state or municipal
corporation wherein situated.
(3) The state or municipal corporation may notify the owner of the
property and materials referred to in subsection (2) of this section that
it waives forfeiture and escheat under subsection (2) of this section and
may thereafter compel removal of such property and materials from the
public highways, streets and alleys and restoration of the public
highways, streets and alleys and may maintain court suit to require such
removal and restoration by the owner or the payment of the cost thereof
by the owner. [Amended by 1957 c.136 §1]Nothing contained in any public facility or
comprehensive plan of any city shall confer any right on a city to
provide electric utility service in or to the annexed territory. [1987
c.737 §8]Note: 221.475 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The Legislative Assembly finds
and declares that privately owned taxicabs, limousines and other vehicles
for hire are a vital part of the transportation system within this state
and provide necessary services in response to the needs of state
residents, tourists and business representatives from outside this state.
Consequently, the safety and reliability of such vehicles and the
economic well-being and stability of their owners and operators are
matters of public concern. The regulation of such vehicles is an
essential government function and, therefore, it is the intent of the
Legislative Assembly to reaffirm the authority of political subdivisions
in this state to regulate the operation of privately owned taxicabs,
limousines and other vehicles for hire and to exempt such regulation from
liability under federal antitrust laws. [1985 c.475 §1] Cities
and counties in this state are authorized to grant franchises, to
license, control and regulate privately owned taxicabs, limousines and
other vehicles for hire that operate within their respective
jurisdictions. The power to regulate granted under this section includes,
but is not limited to:
(1) Regulating entry into the business of providing taxicab,
limousine or other similar services.
(2) Requiring a license or permit as a condition for operation of
taxicabs, limousines and other vehicles for hire and revoking, canceling
or refusing to reissue a license or permit for failure to comply with
regulatory requirements.
(3) Controlling the maximum rates charged and the manner in which
rates are calculated and collected.
(4) Regulating routes for such vehicles, including restricting
access to airports.
(5) Establishing safety, equipment and insurance requirements.
(6) Establishing any other requirements necessary to assure safe
and reliable service by such vehicles. [1985 c.475 §2](Telecommunications Carriers) The Legislative Assembly recognizes that
significant changes have occurred in the regulation, technology and
marketing of telecommunications carriers as defined in ORS 133.721 over
the past decade. It is the intent of the Legislative Assembly in adopting
the privilege tax authorized by ORS 221.505 to 221.515 and 759.219 to
respond to these changes by establishing a uniform base for municipal
charges for street use by telecommunications carriers. [1989 c.484 §1;
1999 c.1093 §8] (1) As
used in this section:
(a) “Telecommunications carrier” has the meaning given that term in
ORS 133.721.
(b) “Commission” means the Public Utility Commission of Oregon.
(c) “Council” means the common council, city council, commission or
any other governing body of any municipality wherein the property of the
telecommunications carrier is located.
(d) “Municipality” means any town, municipality or other municipal
government wherein property of the telecommunications carrier is located.
(e) “Service” is used in its broadest and most inclusive sense and
includes equipment and facilities.
(2) Every municipality may:
(a) Determine by contract, or prescribe by ordinance or otherwise,
the terms and conditions, including payment of a privilege tax to the
extent authorized by ORS 221.515 and other charges and fees, upon which
any telecommunications carrier may be permitted to occupy the streets,
highways or other public property within such municipality and exclude or
eject any telecommunications carrier therefrom.
(b) Require any telecommunications carrier, by ordinance or
otherwise, to make such modifications, additions and extensions to its
physical equipment, facilities or plant or service within such
municipality as shall be reasonable or necessary in the interest of the
public, and designate the location and nature of all additions and
extensions, the time within which they must be completed and all
conditions under which they must be constructed.
(c) Provide for a penalty for noncompliance with the provisions of
any charter provision, ordinance or resolution adopted by the
municipality in furtherance of the powers specified in this subsection.
[1989 c.484 §4; 1999 c.1093 §9](1) The council of every municipality in
this state may levy and collect from every telecommunications carrier
operating within the municipality and actually using the streets, alleys
or highways, or all of them, in such municipality for other than travel,
a privilege tax for the use of those streets, alleys or highways, or all
of them, in such municipality in an amount which may not exceed seven
percent of the gross revenues of the telecommunications carrier currently
earned within the boundaries of the municipality. The privilege tax
authorized in this section shall be for each year, or part of each year,
that such telecommunications carrier operates within the municipality.
(2) As used in this section, “gross revenues” means those revenues
derived from exchange access services, as defined in ORS 401.710, less
net uncollectibles from such revenues.
(3) A telecommunications carrier paying the privilege tax
authorized by this section shall not be required to pay any additional
fee, compensation or consideration, including the free use or
construction of telecommunications facilities and equipment, to the
municipality for its use of public streets, alleys, or highways, or all
of them, and shall not be required to pay any additional tax or fee on
the gross revenues that are the measure of the privilege tax. As used in
this subsection, “use” includes, but is not limited to, street openings,
construction and maintenance of fixtures or facilities by
telecommunications carriers. As used in this subsection, “additional fee,
compensation or consideration” does not include commissions paid for
siting public telephones on municipal property. To the extent that
separate fees are imposed by the municipality on telecommunications
carriers for street openings, construction, inspection or maintenance of
fixtures or facilities, such fees may be deducted from the privilege tax
authorized by this section. However, telecommunications carriers shall
not deduct charges and penalties imposed by the municipality for
noncompliance with charter provisions, ordinances, resolutions or permit
conditions from the privilege tax authorized by this section.
(4) For purposes of this section, “telecommunications carrier” has
the meaning given that term in ORS 133.721. [1989 c.484 §5; 1999 c.1093
§10]DISINCORPORATION Any city not
liable for any debt or other obligation, may surrender its charter,
disincorporate and cease to exist if a majority of the electors of the
city authorize the surrender and disincorporation as provided in ORS
221.621 and 221.650. The surrender and disincorporation shall become
effective 60 days after the city has authorized surrender and
disincorporation. [Amended by 1983 c.350 §25] (1) This
section establishes the procedure for determining whether a city shall
disincorporate. The question shall be decided by election. The governing
body of the city shall call an election when a petition is filed as
provided in this section.
(2) The requirements for preparing, circulating and filing a
petition and calling an election under this section shall be as provided
for an initiative measure under ORS 250.265 to 250.346, except that
notwithstanding ORS 250.325, the governing body of the city shall not
consider adoption or rejection of the measure before submitting it to the
electors.
(3) Notwithstanding subsection (2) of this section, if ORS 250.255
makes ORS 250.265 to 250.346 inapplicable to a city, the requirements for
preparing, circulating and filing a petition under this section shall be
as provided for an initiative petition under the city charter or an
ordinance adopted under the city charter.
(4) The question of disincorporation shall be submitted to the
electors of the city at an election held on the first Tuesday after the
first Monday in November in any year, but shall not be submitted more
than once in two consecutive calendar years. [1983 c.350 §27 (enacted in
lieu of 221.620, 221.630, 221.640 and 221.660); 1987 c.784 §1]Within 30 days after the authorization of
the surrender of the charter, the city shall convey, grant, assign and
deliver all its property real and personal, and property rights, by
proper conveyance, to the county in which the city is located for the
benefit and use of the county. The city at the end of 60 days from the
date of the election authorizing the surrender shall cease to exist in
its corporate capacity without any further or other formal action, and
all its property rights and interests shall vest in the county, and the
records of the city shall be deposited in the office of the county clerk
by the auditor, clerk or other keeper of records in the city. [Amended by
1983 c.350 §28]DISTRIBUTION UTILITIES(1) The city council or governing body
of an incorporated city may levy and collect from a distribution utility
providing direct access to electricity services under ORS 757.601 (1) or
757.676, except a municipal electric utility, operating for a period of
30 days within the city without a franchise from the city and actually
using the streets, alleys or highways in such city for other than travel,
a privilege tax for the use of those public streets, alleys or highways.
The privilege tax shall be based on a volumetric rate times the volume of
electric energy in kilowatt hours delivered, transmitted or distributed
to retail electricity consumers within the city by the distribution
utility, provided that the privilege tax shall not be applied to electric
energy generated by a retail electricity consumer’s own generating
facilities or to electric energy delivered by the federal government. The
volumetric rate of the privilege tax for the distribution utility may
vary by customer class.
(2) The privilege tax described in subsection (1) of this section
shall be subject to the following:
(a) The volumetric rate, in cents per kilowatt hour, for any
customer class shall not exceed five percent of the 1999 gross revenue of
an electric utility within the city for the customer class divided by the
amount of electric energy in kilowatt hours delivered to the customer
class in 1999.
(b) A city with a franchise fee or privilege tax in effect on July
1, 1999, that was less than five percent shall not establish a volumetric
rate for any customer class of the distribution utility in an amount in
excess of the city’s 1999 franchise fee or privilege tax rate times the
1999 gross revenue of any electric utility within the city from the
customer class divided by the amount of electric energy in kilowatt hours
delivered to the customer class in 1999, except following a hearing with
notice and opportunity for public comment.
(3) Subject to the limitations established in subsection (2) of
this section, once a city has established volumetric rates for the
purpose of calculating the privilege tax under this section, any
subsequent change in the volumetric rates shall be applied on an equal
percentage basis to all customer classes.
(4)(a) The Public Utility Commission shall determine the manner in
which a privilege tax under this section is collected from the customers
of an electric company. The privilege tax shall be allocated across an
electric company’s customer classes in the same proportional amounts as
levied by the city against the electric company.
(b) The governing body of an electric cooperative or people’s
utility district shall determine the manner in which a privilege tax
under this section is collected from the customers of the electric
cooperative or people’s utility district. The governing body shall
allocate the privilege tax across customer classes in the same
proportional amounts as levied by the city against the electric
cooperative or people’s utility district. [1999 c.865 §29]MISCELLANEOUS PROVISIONS(1) For the purpose of the administration of all laws
relating to incorporated cities, other than ORS 221.090, every city shall
be deemed to have its legal situs in the county in which the seat of the
city government is situated.
(2) Notwithstanding any other provision of law the jurisdiction and
application of government of cities shall be coextensive with the
exterior boundaries of such cities, regardless of county lines.(1) Except as provided in ORS 221.727, when a city council
considers it necessary or convenient to sell real property or any
interest therein, the city council shall publish a notice of the proposed
sale in a newspaper of general circulation in the city, and shall hold a
public hearing concerning the sale prior to the sale.
(2) The notice required by subsection (1) of this section shall be
published at least once during the week prior to the public hearing
required under this section. The notice shall state the time and place of
the public hearing, a description of the property or interest to be sold,
the proposed uses for the property and the reasons why the city council
considers it necessary or convenient to sell the property. Proof of
publication of the notice may be made as provided by ORS 193.070.
(3) Not earlier than five days after publication of the notice, the
public hearing concerning the sale shall be held at the time and place
stated in the notice. Nothing in this section prevents a city council
from holding the hearing at any regular or special meeting of the city
council as part of its regular agenda.
(4) The nature of the proposed sale and the general terms thereof,
including an appraisal or other evidence of the market value of the
property, shall be fully disclosed by the city council at the public
hearing. Any resident of the city shall be given an opportunity to
present written or oral testimony at the hearing.
(5) As used in this section and ORS 221.727, “sale” includes a
lease-option agreement under which the lessee has the right to buy the
leased real property in accordance with the terms specified in the
agreement. [1983 c.216 §1; 2005 c.22 §164]Note: 221.725 and 221.727 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 221 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.Notwithstanding ORS 221.725, a city council
may adopt, after public notice and hearing, a procedure for the sale of
individual parcels of a class of city-owned real properties, or any
interest therein, under a single program established within the city for
the sale of that class of properties. The city may thereafter sell any
parcel under that adopted procedure in lieu of the procedure under ORS
221.725. [1983 c.216 §2]Note: See note under 221.725.When a city is incorporated after November 1, 1981:
(1) The city and the holder of any license, certificate or
franchise for collection service within the city issued by a county under
ORS 459.085 prior to incorporation may mutually agree on continued
service within the city.
(2) When no agreement has been reached under subsection (1) of this
section, the service shall continue within the city under the same terms
and conditions including, without limitation, renewal. The city may
exercise all the rights granted to the county by ordinance or governing
document including the right to suspend, modify or revoke the right to
continue service based on inadequate service. The city may determine the
types of, and rates for, services and may otherwise adopt regulations
necessary to maintain the quality and extent of service and to protect
against nuisances or hazards to health, safety or the environment.
(3) The right to continue service under subsection (2) of this
section is limited to two years from the date of incorporation. [1981
c.890 §10; 1993 c.560 §108]Note: 221.735 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 221 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.The right of cities and towns,
whether incorporated or not, to land dedicated to or otherwise acquired
for the public use for streets, highways, parks or public places, shall
not be extinguished by any adverse possession, however long continued. No
title to such lands as against any such city or town shall be hereafter
acquired in this state through operation of the statute of limitations.(1)
The officer responsible for disbursing funds to cities under ORS 323.455,
366.785 to 366.820 and 471.805 shall disburse such funds in the case of a
city located within a county having more than 100,000 inhabitants,
according to the most recent federal decennial census, only if the
officer reasonably is satisfied that the city meets the requirements set
out in subsection (2) of this section, or if the city provides four or
more of the following municipal services:
(a) Police protection.
(b) Fire protection.
(c) Street construction, maintenance and lighting.
(d) Sanitary sewers.
(e) Storm sewers.
(f) Planning, zoning and subdivision control.
(g) One or more utility services.
(2) In the year in which any city is first incorporated and the
following two years it shall be considered a city for the purposes of ORS
323.455, 366.785 to 366.820 and 471.805 if the city charter gives the
city power to provide four or more of the municipal services enumerated
in subsection (1) of this section. [1969 c.634 §§1,2](1) A share of certain revenues of this state shall be
apportioned among and distributed to the cities of this state for general
purposes as provided in this section. A city shall not be included in
apportionments or receive distributions under this section for a fiscal
year commencing on July 1 unless the city:
(a) Elects to receive distributions under this section for the
fiscal year by enactment of an ordinance or resolution expressing that
election and filing a copy of that ordinance or resolution with the
Oregon Department of Administrative Services not later than July 31 of
the fiscal year;
(b) Holds at least one public hearing, after adequate public
notice, at which citizens have the opportunity to provide written and
oral comment to the authority responsible for approving the proposed
budget of the city for the fiscal year on the possible uses of the
distributions, including offset against property tax levies by the city
for the fiscal year, and certifies its compliance with this paragraph to
the Oregon Department of Administrative Services not later than July 31
of the fiscal year;
(c) Holds at least one public hearing, after adequate public
notice, at which citizens have the opportunity to provide written and
oral comment to, and ask questions of, the authority responsible for
adopting the budget of the city for the fiscal year on the proposed use
of the distributions in relation to the entire budget of the city for the
fiscal year, including possible offset of the distributions against
property tax levies by the city for the fiscal year, and certifies its
compliance with this paragraph to the Oregon Department of Administrative
Services not later than July 31 of the fiscal year; and
(d) Levied a property tax for the year preceding the year in which
revenue sharing is due under ORS 471.810 and this section.
(2) Not later than 35 days after the last day of each calendar
quarter ending March 31, June 30, September 30 and December 31, the
Oregon Liquor Control Commission shall determine the amount of the net
revenue under ORS 471.805, received during the preceding calendar quarter
and shall certify that amount to the Oregon Department of Administrative
Services.
(3) In addition to amounts otherwise apportioned to cities under
ORS 471.810, not later than 20 days after the date the Oregon Department
of Administrative Services receives a certification under subsection (2)
of this section, the department shall apportion among the cities of this
state in the manner provided in subsection (4) of this section an amount
equal to 14 percent of the amount so certified, and shall pay to each
city the amount so apportioned to the city. Payments shall be made from
the Oregon Liquor Control Commission Account.
(4) The amount apportioned to each city under subsection (3) of
this section shall be a percentage of the total amount to be apportioned
among the cities determined by dividing the adjusted population of the
city by the sum of the adjusted populations of all cities. The adjusted
population of a city shall be determined by multiplying the city’s
population by the sum of:
(a) The city’s local consolidated property taxes per capita divided
by the average consolidated property taxes per capita for all cities in
the state; and
(b) The amount of state income per capita divided by the amount of
city income per capita.
(5) The amount apportioned to each city shall be further limited to
an amount no greater than the amount of all property taxes levied by the
city during the year previous to the year in which distributions are made.
(6) For purposes of the formula set forth in subsection (4) of this
section, “city population” is the population of a city as last determined
under ORS 190.510 to 190.590.
(7)(a) For purposes of the formula set forth in subsection (4) of
this section, “local consolidated property taxes” has the meaning given
in subsection (8) of this section, for a city divided by the population
of the city as last determined under ORS 190.510 to 190.590.
(b) The Oregon Department of Administrative Services shall
determine the amounts of property taxes for each city during the fiscal
year closing on June 30 preceding the fiscal year commencing on July 1
for which calendar quarter apportionments are made, and that
determination shall be used for each calendar quarter apportionment for
that fiscal year commencing on July 1.
(8) For purposes of subsection (7) of this section “consolidated
property taxes” are the total of all compulsory contributions in the form
of ad valorem taxes on property located within a city levied during a
one-year period by the city, a county, any school district and any
special governmental district for public purposes and in amounts as
compiled by the Department of Revenue on the basis of application of
consolidated tax rates to assessor code area valuations.
(9) For purposes of the formula set forth in subsection (4) of this
section, “income per capita” is the estimated average annual money income
of residents of this state and of residents of each city of this state,
respectively, based upon the latest information available from the most
recent federal decennial census.
(10) A city receiving a distribution under this section may return
all or any part of the distribution to the Oregon Department of
Administrative Services, which shall deposit the returned distribution or
part thereof in the General Fund to be available for payment of the
general expenses of the state. [1977 c.831 §1; 1987 c.158 §35; 1987 c.406
§1; 1995 c.79 §79; 1997 c.108 §1; 2005 c.755 §4] (1)
Notwithstanding ORS 221.770, 323.455, 366.785 to 366.820 and 471.810,
when a proceeding challenging the validity of the incorporation of a city
is commenced before a court or administrative agency of this state within
two years after the incorporation, if the court or agency determines that
the incorporation is invalid, moneys otherwise payable to the city under
ORS 221.770, 323.455, 366.785 to 366.820 and 471.810 shall not be
distributed to the city, but shall be deposited with the State Treasurer
as provided in subsection (3) of this section.
(2) Not later than 30 days after the issuance of an order or
judgment declaring the incorporation of a city invalid, the party
challenging the incorporation shall send a certified copy of the order or
judgment to the State Treasurer, Department of Transportation, Department
of Revenue and the Oregon Liquor Control Commission.
(3) Upon receiving a certified copy of the order or judgment under
subsection (2) of this section, the state officer or department having
responsibility for the distribution of moneys under ORS 221.770, 323.455,
366.785 to 366.820 and 471.810 shall deposit those moneys in an escrow
account administered by the State Treasurer.
(4) Upon final determination of the validity of an incorporation by
judgment rendered by the highest court in which a decision could be had,
the moneys in the escrow account established under subsection (3) of this
section shall be distributed as follows:
(a) If the incorporation is determined to be valid, to the city.
(b) If the incorporation is determined to be invalid, each city in
this state shall receive such share of the moneys as its population bears
to the total population of the cities of the state.
(5) The State Treasurer, upon receiving a certified copy of the
judgment of the court which constitutes the final determination of the
validity of the challenged incorporation shall distribute moneys in the
escrow account as provided in subsection (4) of this section.
(6) The State Treasurer shall retain interest earned on moneys
deposited in the escrow account and shall distribute the interest in the
same manner as other moneys in the account are distributed. [1983 s.s.
c.6 §2; 2003 c.576 §396]GHOST TOWNSAs used in ORS 221.862 to
221.872, “historic ghost town” means an incorporated city within this
state that:
(1) Is on land acquired under a United States patent;
(2) Does not have a sufficient number of registered electors
permanently residing within the city to fill all offices provided for
under its charter; and
(3) Is of historic interest. [1983 c.355 §1]Note: 221.862 to 221.872 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 221 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.If a number of vacancies exist at the same time
in the offices of members of the city council of an historic ghost town
so that all the remaining members do not constitute a quorum for the
conduct of city business, the governing body of the county in which the
historic ghost town is situated shall appoint to the vacant offices the
minimum number of qualified persons sufficient, with the incumbent
members of the city council, to form a quorum. Persons appointed by the
county governing body under this section, together with the incumbent
members serving in office, shall appoint qualified persons to the
remaining vacant offices. A person appointed under this section shall
perform the duties of the office of member of the city council until the
date on which, under the city’s charter, an elected and qualified
successor could assume the office. On that date, the tenure of office of
persons appointed under this section shall cease. Persons appointed under
this section are eligible for reappointment. [1983 c.355 §2]
Note: See note under 221.862.In making appointments to the city council of an historic
ghost town under ORS 221.862 to 221.872, the governing body of a county
shall give preference for appointment, in the following order, to:
(1) A person who is an elector within the city.
(2) A person who owns and maintains property within the city and is
an elector of the county in which the historic ghost town is situated.
(3) A person who owns and maintains property within the city and is
an elector anywhere in this state.
(4) A person who is a resident and an elector of the county in
which the historic ghost town is situated. [1983 c.355 §3]Note: See note under 221.862. An
historic ghost town shall not receive any portion of liquor revenues,
highway funds or other state funds distributed to incorporated cities.
[1983 c.355 §4]Note: See note under 221.862.THE 1893 INCORPORATION ACT (1) The mayor,
alderpersons, recorder, treasurer, and marshal of a municipal corporation
organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893,
shall be elected to two-year terms by the electors of the city. Each term
of office commences on the first Monday in January next following the
general election and expires on the day immediately preceding the first
Monday in January next following the subsequent general election.
(2) The council may appoint an attorney, a superintendent of
streets, a civil engineer, a municipal judge and police and other
subordinate officers, and fix their compensation. These officers shall
hold office during the pleasure of the council. [Amended by 1981 c.173
§8; 1983 c.350 §29; 1999 c.788 §53; 2003 c.14 §105] The recorder, treasurer and
marshal mentioned in ORS 221.902 shall, before entering upon the duties
of their respective offices, each execute a bond to the city in such
penal sum as the council by ordinance may determine upon, conditioned for
the faithful performance of duties, including in the same bond the duties
of all offices of which the recorder, treasurer or marshal is ex officio
incumbent under ORS 221.901 to 221.928. The bond shall be approved by the
council before the officer enters upon the discharge of duties. The bonds
when approved shall be filed with the recorder, except the bond of the
recorder, which shall be filed with the mayor. All the provisions of any
law of this state relating to official bonds of officers shall apply to
such bonds, except as otherwise provided in ORS 221.901 to 221.928. Every
officer of the city, before entering upon the duties of office, shall
take and file with the recorder an oath to honestly and faithfully
discharge the duties of office, and that the officer will support the
laws and Constitution of this state and of the United States to the best
of the ability of the officer. (1) The council shall fill any vacancy occurring
in any of the offices provided for in ORS 221.902 by appointment.
(2) If the office is elective, the appointee shall hold office
until the first Monday in January after the general election next
following the appointment. At the general election next following the
appointment, a person shall be elected to serve any remaining portion of
the term. A person elected under this subsection shall take office on the
first Monday in January after the election.
(3) If a council member is absent for three consecutive meetings
without permission of the council, the council shall declare the office
vacant and fill the office by appointment. [Amended by 1983 c.350 §30] The mayor and alderpersons
mentioned in ORS 221.902 shall receive no compensation whatever for their
services as such officers. The recorder, treasurer, marshal, police and
other subordinate officers shall severally receive at stated times
compensation to be fixed by ordinance by the council, which compensation
shall not be increased nor diminished after their election, or during
their several terms of office. Nothing contained in this section shall be
construed to prevent the council from fixing several amounts of
compensation, in the first instance, during the term of office of any
such officer after the election of the officer. The compensation of all
other officers shall be fixed from time to time by ordinance, duly passed
by the council. [Amended by 2003 c.14 §106] All elections in a city
organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893,
shall be governed by ORS chapters 246 to 260. [Amended by 1983 c.350 §31] No person shall be eligible to or
hold any elective or appointive office in a city referred to in ORS
221.906 unless the person is a resident and an elector of the city.
[Amended by 1983 c.83 §22] The council
shall meet the second Tuesday in January succeeding each general
municipal election and take the oath of office. The council shall hold
regular meetings at least once in each month at such times as the council
shall fix by ordinance. Special meetings may be called at any time by the
mayor or by three councillors, by written notice delivered to each member
then present within the city at least three hours before the time
specified for the proposed meeting, which notice shall specify the object
and purpose of such special meeting. No other business shall be
transacted at any special meeting than that named in said notice and
appurtenant thereto. All meetings of the council shall be public and held
within the corporate limits of the city at such place as may be
designated by ordinance. [Amended by 2003 c.14 §107] At any
meeting of the council a majority of the councillors shall constitute a
quorum for the transaction of business. A less number may adjourn from
time to time, and may compel the attendance of absent members in such
manner and under such penalties as may be prescribed by ordinance. The
mayor shall preside at all meetings of the council when present, and in
case of the absence of the mayor the council may appoint a mayor pro
tempore. In case of the absence of the recorder, the mayor or presiding
officer pro tempore shall appoint one of the members of the council
recorder pro tempore. The person appointed to act as presiding officer
during the absence of the mayor shall not be required to take the oath of
office, but the records of the council shall show who is appointed to
serve pro tempore at any meeting. [Amended by 2003 c.14 §108] The
council shall judge the qualifications of its members. [Amended by 1983
c.350 §32]No ordinance or resolution granting any franchise for
any purpose shall be passed by the council on the day of its introduction
nor within five days thereafter, nor at any other than a regular meeting.
No resolution or order for the payment of money shall be passed at any
other time than at a regular meeting. No such ordinance, resolution or
order shall have any validity, unless passed by the votes of at least
three councillors. In case all the councillors are present and equally
divided upon any question, the mayor shall have the deciding vote.
[Amended by 2003 c.14 §109] The
enacting clause of all ordinances shall be as follows: “Be it ordained by
the common council of the city or town (as the case may be) of______.”
Every ordinance shall be signed by the mayor, or passed over the veto of
the mayor, and attested by the recorder. A copy of the ordinance shall be
published at least once in a newspaper published in such city; or, in
lieu of such publication, three copies thereof shall be posted in at
least three public places therein before it becomes a law. (1) All
claims and demands against any city referred to in ORS 221.906 shall be
presented to and audited by the council in accordance with such
regulations as it may by ordinance prescribe. Upon the allowance of any
such claim or demand, the recorder shall draw a warrant upon the
treasurer for the sum, which warrant shall be countersigned by the mayor,
and shall specify for what purpose the same is drawn.
(2) No claim against the city shall be paid until it is audited and
allowed by the council and then only by a warrant drawn upon the
treasurer by the recorder, countersigned by the mayor.(1) The violation of any
ordinance of a city referred to in ORS 221.906 shall be deemed a
misdemeanor and may be prosecuted by the authorities of such city in the
name of the people of such city, or may be redressed by civil action,
suit or proceeding, at the option of said authorities.
(2) Any person sentenced to imprisonment for the violation of an
ordinance may be imprisoned in the jail of such city; or, if the council
by ordinance so prescribes, in the county jail of the county in which
such city is situated, in which case the expense of imprisonment shall be
a charge in favor of such county and against such city. Before any such
person can be imprisoned in the county jail, the consent of the county
court shall be first obtained. Every act or thing done, or anything
existing within the limits of any city referred to in ORS 221.906, which
is or may be declared by any law of this state or by any ordinance of
such city to be a nuisance, hereby is declared to be a nuisance, and
shall be considered and treated as such in all actions, suits and
proceedings whatsoever, unless such law or ordinance is declared void by
a court of competent jurisdiction. (1) The mayor and
alderpersons shall compose the common council of any city organized under
sections 1 to 6, pages 119 to 123, Oregon Laws 1893. At any regular
council meeting, the common council may:
(a) Provide for lighting the streets and furnishing such city and
its inhabitants with gas or other lights, and with pure and wholesome
water. For such purpose it may construct such water, gas or other works,
within or without the city limits, as may be necessary or convenient
therefor. It may allow the use of the city streets and alleys to any
person, company or corporation who may desire to establish works for
supplying the city and inhabitants thereof with such water or lights upon
such reasonable terms and conditions as the common council may prescribe.
(b) Permit, allow and regulate the laying down of tracks for
streetcars and other railroads upon such streets as the common council
may designate, and upon such terms and conditions as the common council
may prescribe.
(c) Allow and regulate the erection and maintenance of poles, or
poles and wires, for telegraph, telephone, electric light or other
purposes, upon or through the streets, alleys or public grounds of such
city.
(d) Permit and regulate the use of alleys, streets and public
grounds of the city for laying down or repairing gas and water mains, for
building and repairing sewers and for erecting gas or other lights.
(e) Preserve the streets, lights, side and crosswalks, bridges and
public grounds from injury, prevent the unlawful use of the same and
regulate their use.
(f) Fix the maximum rate of wharfage, rates for gas or other
lights, rates for carrying passengers on street railways and water rates.
No city shall ever deprive itself of the right through its common council
of regulating and adjusting any such rates, so that the same shall be
reasonable for the service rendered, at least once in any period of two
years.
(g) License, tax, regulate, restrain and prohibit barrooms and
tippling houses, and all places where spirituous, vinous or malt liquors
are sold, or in any manner disposed of contrary to law. No license shall
be issued for a lesser sum than that provided by law.
(h) Prevent and suppress gaming and gambling houses, and all games
of chance, including lotteries and poolselling.
(i) Prevent and suppress bawdyhouses, lewd and lascivious
cohabitation, opium-smoking houses and places occupied or kept therefor.
(j) License, regulate and control any lawful business, trade,
occupation, profession or calling, carried on or conducted within the
corporate limits of any such city.
(k) Suppress and prohibit anything that is injurious to the public
morals, public safety or public health of the inhabitants of any such
city. The common council may define, suppress and prohibit nuisances of
every kind, including those arising out of the receipt, sale or disposal
of intoxicating liquor in violation of law.
(L) Regulate, suppress and prohibit the running at large within the
corporate limits of any and all domestic animals, including fowls, and
provide for the impoundment and sale, after notice, of such animals.
(m) Exercise any and all police regulations concerning the public
morals, public safety, public health and public convenience of the
inhabitants of any such city.
(n) Provide for the surveying of blocks and streets of the city and
for marking the boundary lines of such blocks and streets, and the
establishing of grades of the streets, sidewalks and crosswalks.
(o) Prevent and punish trespass on real and personal property
within the corporate limits of such city.
(p) Make bylaws and ordinances not inconsistent with the laws of
the United States or of this state to carry into effect the provisions of
ORS 221.901 to 221.928.
(q) Provide, in addition to such action as may be appropriate to
carry into full effect the object to be achieved, for the punishment of
persons violating any bylaws or ordinances by fine or imprisonment, or
both, and the working of such persons on the city streets or at any other
work. No fine shall exceed the sum of $50, nor shall any imprisonment
exceed 20 days.
(2) Nothing contained in ORS 221.901 to 221.928 shall be so
construed as to oust the state courts of jurisdiction to indict or punish
persons for offenses against any law of the state committed within the
limits of any such city. [Amended by 2003 c.14 §110; 2005 c.22 §165] The mayor is the executive
officer of any city referred to in ORS 221.902 and must exercise a
careful supervision over its general affairs and subordinate officers.
The mayor shall at least once each year state to the council by message
the condition, financial and otherwise, of the city, and recommend such
measures for the peace, health, improvement and prosperity of the city as
the mayor may deem expedient. The mayor shall perform such other duties
as may be required by ORS 221.901 to 221.928 or by city ordinances.The recorder referred to in ORS 221.901
shall keep a journal of the proceedings of the council, and be ex officio
assessor, and perform such other duties as required by ORS 221.901 to
221.928 or city ordinances. [Amended by 1999 c.788 §54] The
marshal shall be chief of police and shall have control over all police
officers when on duty. The marshal shall be a conservator of the peace,
and shall arrest all persons guilty of a breach thereof, or of violations
of the city ordinances, and take them before the recorder for trial. The
marshal shall make and enforce the collection of all delinquent city
taxes, as the collection of delinquent county taxes is enforced, and
shall perform such other duties as may be required of the marshal by the
common council. The marshal may suspend any police officer for negligence
or violation of duty until the case may be examined and determined by the
council. On complaint being made, charging the marshal with malfeasance
or nonfeasance in office, the alderpersons, by a unanimous vote without
the concurrence of the mayor, or by a majority vote with the concurrence
of the mayor, may remove the marshal from office at any regular meeting,
after giving the marshal an opportunity to be heard in the defense of the
treasurer, provided they find the charge is true. [Amended by 1991 c.67
§50; 2003 c.14 §111] The treasurer, as tax collector, shall
collect and receipt for all taxes levied by the council and not returned
as delinquent, and shall receive and faithfully keep the funds and moneys
of any city referred to in ORS 221.906 and pay out the same as directed
by ORS 221.901 to 221.928, or by city ordinances. When required by
ordinance, the treasurer shall make and submit to the council a statement
of the financial affairs of the city. No mayor, council
member or any other officer of any city referred to in ORS 221.906,
during the period for which the officer is elected, shall be interested
in any contract the expenses of which are to be paid out of the city
treasury. When any
person is convicted of an offense under any of the ordinances of any city
referred to in ORS 221.906 and fails to pay an adjudged fine and costs,
the person may be sentenced to labor one day for every $5 on such fine
upon the streets or other public works of the city under such officer as
the common council may prescribe. [Amended by 1961 c.290 §1] The council may,
whenever it deems it expedient, improve the public grounds within any
city referred to in ORS 221.906, and establish and open additional
streets and alleys therein. The power and authority to improve streets
includes the power and authority to construct, improve, pave, repair, and
keep in repair, sidewalks and pavements, and to determine and provide
everything convenient and necessary concerning such improvements and
repairs. [Amended by 1969 c.429 §5] In making a deed for any real
property sold for delinquent taxes, it is not necessary to recite or set
forth the proceedings prior to the sale, but it is sufficient, if it
substantially appears from such deed that the property was sold by virtue
of a warrant from any city referred to in ORS 221.906, and the date
thereof for delinquent taxes, and the amount thereof, together with the
date of the sale and the amount paid thereat by the purchaser. The style
of the warrant for the collection of delinquent taxes shall be: “In the
name of the city (or town) of______.” The warrant must require the
marshal to forthwith levy upon sufficient property of the person or
persons owing such taxes and sell the same in the manner provided by law,
and return the proceeds of such sale to the city treasurer and the
warrant to the recorder, with the doings of the marshal indorsed thereon,
together with the receipts of the city treasurer for the proceeds of such
sale as paid to the treasurer. The warrant shall have the force and
effect of an execution against real and personal property, and shall be
executed in a like manner, except as otherwise provided by law or this
section. Real property when sold for delinquent taxes may be redeemed in
like manner as real property is redeemed after sale thereof for county or
state taxes, and not otherwise. The deed of the purchaser must express
the true consideration thereof, which is the amount paid by the
purchaser, and the return of the marshal executing the warrant must
specify the amount for which each lot or part thereof is sold, and the
name of the purchaser. Every city organized under
sections 1 to 6, pages 119 to 123, Oregon Laws 1893, may pass any and all
necessary ordinances for the purpose of carrying into force and effect
any provisions of ORS 221.901 to 221.928 or any other laws concerning
city government.
Upon the passage of any ordinance, the enrolled copy thereof, attested by
the recorder, shall be submitted to the mayor by the recorder, and if the
mayor approves the same the mayor shall write upon it “Approved,” with
the date thereof and sign it with the name of office of the mayor.
Thereupon, unless otherwise provided, such ordinance shall become a law
and be of force and effect. If the mayor does not approve of the
ordinance so submitted, the mayor must, within 10 days from the receipt
thereof, return the same to the recorder with the reasons of the mayor
for not approving it, and if the mayor does not so return it, such
ordinance shall become a law as if the mayor had approved it. Upon the
first meeting of the council after the return of an ordinance from the
mayor not approved, the recorder shall deliver it to the council, with
the message of the mayor, which must be read. The ordinance shall then be
put upon its passage again, and if two-thirds of all the members
constituting the council, as then provided by law, vote in the
affirmative, it shall become a law without the approval of the mayor, and
not otherwise. The
ordinances passed by any common council or any municipal corporation
within this state, organized under sections 1 to 6, pages 119 to 123,
Oregon Laws 1893, shall be recorded in a book to be kept for that purpose
by the recorder of any such city. When so recorded, the record so made
shall be received in any court of this state as prima facie evidence of
the due passage of such ordinance as recorded. When the ordinances of any
such city are printed by authority of such municipal corporation, the
printed copies thereof shall be received as prima facie evidence that
such ordinances as printed and published were duly passed.
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