TITLE 21
CITIES
Chapter 221. Organization and Government of Cities
222. City Boundary Changes; Mergers;
Consolidations; Withdrawals
223. Local Improvements and Works Generally
224. City Sewers and Sanitation
225. Municipal Utilities
226. City Parks, Memorials and Cemeteries
227. City Planning and Zoning
_______________
Chapter 221 — Organization
and Government of Cities
2011 EDITION
ORGANIZATION AND GOVERNMENT OF CITIES
CITIES
INCORPORATION OF CITIES
(Temporary provisions relating to
annexation of certain industrial lands are compiled as notes preceding ORS
221.005)
221.005 Legislative
findings; policy
221.010 Definitions
for ORS 221.020 to 221.100
221.020 Authority
to incorporate
221.031 Petition
to incorporate; filing; form; contents; approval by adjoining city
221.032 Annexation
during pendency of incorporation
221.034 Incorporation
of rural unincorporated community and contiguous lands
221.035 Economic
feasibility statement; contents
221.036 Inclusion
of area within urban growth boundary in incorporation of rural unincorporated
community
221.040 Hearing
on petition to incorporate; order fixing date of election on approved petition
221.050 Incorporation
election; election of first city council; proclamation of results
221.061 Election
costs
221.090 Terms
of office of first city council
221.100 Validation
of incorporation under prior laws
221.106 Prohibition
against signing by person not elector, signing false name or multiple signing
of incorporation petition
CITY GOVERNMENT; OFFICERS; NOMINATIONS
AND ELECTIONS; CHARTER AMENDMENTS
221.110 City
officers; eligibility
221.120 City
council; terms; vacancies; powers; meetings
221.130 Mayor;
term; functions
221.140 Appointment
of municipal judge and other city officers; removal; compensation
221.145 Basing
compensation of city officers upon fines prohibited
221.160 Special
elections to fill council vacancies; appointment of council members when all
positions vacant
221.180 Procedure
for nomination of candidates for city offices
221.200 Law
governing elections in cities
221.210 Charter
amendments and other municipal measures; initiative and referendum
221.230 Election
dates; procedure for emergency elections
ORDINANCES
221.275 Definitions
for ORS 221.275 to 221.290
221.277 Violation
of city parking ordinance; affirmative defense
221.285 Notice
of delinquent parking violation to rental company; effect when notice not
given; effect of prompt payment of amount specified in citation; procedure to
substitute renter as defendant
221.287 Recovery
of fine from renter or lessee of vehicle
221.290 Application
of ORS 221.275 to 221.290
221.295 Ordinances
regulating placement or height of radio antennas
221.310 Effective
date of ordinances, resolutions and franchises; emergency measures
221.315 Enforcement
of ordinance and charter provisions; disposition of fines
221.330 Publication
or posting of ordinances; exceptions
221.333 Parking
ordinance violation; mode of charging defendant; notice as complaint
MUNICIPAL COURTS
221.336 Establishment
of municipal court
221.339 Jurisdiction
of municipal court; prosecutions by city attorney
221.342 Method
by which municipal court becomes court of record
221.343 Method
by which municipal court ceases to operate as court of record
221.344 Registration
of municipal court; effect of registration
221.346 Enforcement
of judgments of municipal court
221.351 Liens
based on municipal court judgment; recording judgment or lien; recording fee
221.352 Municipal
court docket
221.353 Disqualification
of municipal judge for prejudice
221.354 Trial
by jury in criminal cases
221.355 Agreement
between cities for judicial services
221.357 Provision
of judicial services to city by circuit court
APPEALS
221.359 Appeals
from conviction in municipal court
221.360 Appeal
on issue of validity of charter or ordinance
221.370 Validity
of charter or ordinance determined before merits
221.380 Appeal
by city from invalidating order; release of defendant during appeal
221.390 Trial,
procedure and sentence in circuit court on appeal
from municipal court
AUTHORITY TO REGULATE LOCAL MATTERS;
LICENSING AND TAXATION
(Generally)
221.410 Power
of city to control local affairs; limitation of floating indebtedness
221.415 Municipal
rights of way; use by electric utilities; power of city to regulate and impose
charges
221.420 Municipal
regulation of public utilities
221.450 Privilege
tax on public utilities operating without franchise
221.460 Duration
of franchises, privileges and permits
221.470 Removal
of structures on expiration of grant or franchise
221.475 Territory
annexed to city; limitation on electric service by municipal utility
221.485 Policy
on vehicles for hire
221.495 Local
franchise authority over vehicles for hire
(Telecommunications Carriers)
221.505 Policy
221.510 Municipal
regulation of telecommunications carriers
221.515 Privilege
tax on telecommunications carriers; maximum rate; deduction of additional fees
DISINCORPORATION
221.610 Disincorporation
of cities; effective date
221.621 Disincorporation
procedure; petition; election
221.650 Property
conveyed to county; cessation of corporate existence; records deposited
DISTRIBUTION UTILITIES
221.655 Privilege
tax on distribution utilities; maximum rate; allocation of tax among customers
MISCELLANEOUS PROVISIONS
221.720 Situs of cities; jurisdiction of cities coextensive with
boundaries
221.725 Sale
of city real property; publication of notice; public hearing
221.727 Alternative
procedure for sale of city real property; public notice and hearing
221.735 Continuation
of collection service after incorporation; authority of city
221.750 Right
of cities to public areas not extinguished by adverse possession or statute of
limitations
221.760 Prerequisites
for cities in counties over 100,000 population to receive revenues from
cigarette, gas and liquor taxes
221.770 Revenue
sharing to cities; conditions for receipt; formula for distribution
221.785 Effect
of challenge of validity of incorporation
GHOST TOWNS
221.862 “Historic
ghost town” defined
221.867 Filling
vacancies in all offices of members of city council of historic ghost town
221.869 Preference
for appointment to city council of historic ghost town
221.872 State
revenues not available to historic ghost town
THE 1893 INCORPORATION ACT
221.901 Cities
organized under 1893 Act; officers; “city” defined for ORS 221.901 to 221.928
221.902 City
officers; elective; appointive; terms
221.903 Bond
and oath of officers
221.904 Vacancies
221.905 Compensation
of city officers
221.906 Election
procedure generally
221.907 Eligibility
for office
221.908 Council
meetings; notice; place of meetings
221.909 Council
meetings; attendance; records
221.910 Powers
of council regarding qualification of members
221.911 Rules
on enactment of ordinances granting franchise or for payment of money
221.912 Formalities
required to render ordinance effective
221.913 Claims
against cities; how presented and paid
221.914 Prosecution
for violation of ordinance; place of imprisonment; city liable for expenses
221.915 Nuisance
defined
221.916 Powers
of common council
221.917 Functions
and duties of mayor
221.918 Duties
of recorder
221.919 Powers
and duties of marshal; removal from office
221.920 Duties
of treasurer
221.921 Interest
of officers in city contracts
221.924 Authority
to make public improvements
221.925 Tax
deeds; tax warrants
221.926 Authority
to enact ordinances
221.927 Approval
or veto of ordinances; proceedings after veto
221.928 Record
of ordinances; compilation accepted as evidence
INCORPORATION OF CITIES
(Temporary provisions relating to
annexation of certain industrial lands)
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. (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 June 30, 2016. [2005
c.539 §11]
221.005 Legislative findings; policy.
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.
221.010 Definitions for ORS 221.020 to
221.100. 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]
221.020 Authority to incorporate.
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.
221.030
[Amended by 1965 c.579 §2; 1973 c.432 §2; repealed by 1981 c.890 §2 (221.031
enacted in lieu of 221.030)]
221.031 Petition to incorporate; filing;
form; contents; approval by adjoining city. (1)
Before circulating a petition to incorporate unincorporated territory as a
city, the petitioners shall file a petition for incorporation in a form
prescribed by rule of the Secretary of State with:
(a)
The county clerk of the county in which the proposed city lies; or
(b)
If the proposed city lies in more than one county, the county clerk of the
county in which the largest part of its territory lies.
(2)
The county clerk shall immediately date and time stamp the prospective petition
and shall authorize the circulation of the petition when the economic
feasibility statement required by ORS 221.035 is filed with the county clerk.
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.
(3)(a)
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.
(b)
The petition shall contain the name of the proposed city.
(c)
The petition shall 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.
(d)
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.
(e)
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 (2) 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.
(f)
If the petitioners propose not to extinguish a special district pursuant to ORS
222.510 (2) or a county service district pursuant to ORS 451.585 (1), the
petition shall include a statement of this proposal.
(4)
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 circulator witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet 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; 2007 c.669 §3; 2007 c.848 §21; 2010 c.41 §2]
221.032 Annexation during pendency of
incorporation. After a person files a petition for
incorporation under ORS 221.031, a city or district may not commence annexation
proceedings for any part of the area that is included in the boundaries of the
area proposed to be incorporated until after a county court removes that part
of the area from within the boundaries of the proposed city or the later of the
following:
(1)
The county court rejects the petition; or
(2)
The voters do not approve the question of incorporation at an election called
by the county court. [2007 c.669 §2]
221.034 Incorporation of rural
unincorporated community and contiguous lands.
(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” has the meaning given that term in ORS 195.137.
(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 reserves.
(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; 2007 c.723 §8]
221.035 Economic feasibility statement;
contents. (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 (3). 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; 2007
c.669 §4]
221.036 Inclusion of area within urban
growth boundary in incorporation of rural unincorporated community.
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]
221.040 Hearing on petition to
incorporate; order fixing date of election on approved petition.
(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 (3) 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; 2007 c.669 §5]
221.050 Incorporation election; election
of first city council; proclamation of results.
(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 held in May or November of any 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;
2010 c.29 §12]
221.060
[Repealed by 1981 c.890 §8 (221.061 enacted in lieu of 221.060)]
221.061 Election costs.
(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)]
221.070
[Amended by 1979 c.316 §10; repealed by 1983 c.350 §331a]
221.080
[Repealed by 1983 c.350 §331a]
221.090 Terms of office of first city
council. (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]
221.100 Validation of incorporation under
prior laws. 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]
221.102 [1973
c.64 §1; repealed by 1975 c.326 §5]
221.104 [1973
c.64 §2; repealed by 1975 c.326 §5]
221.106 Prohibition against signing by
person not elector, signing false name or multiple signing of incorporation
petition. (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
221.110 City officers; eligibility.
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]
221.120 City council; terms; vacancies;
powers; meetings. 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]
221.130 Mayor; term; functions.
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]
221.140 Appointment of municipal judge and
other city officers; removal; compensation. 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.
221.145 Basing compensation of city officers
upon fines prohibited. 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.
221.150 [Repealed
by 1983 c.350 §331a]
221.160 Special elections to fill council
vacancies; appointment of council members when all positions vacant.
(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]
221.170
[Amended by 1957 c.608 §225; 1979 c.317 §2; repealed by 1983 c.350 §331a]
221.180 Procedure for nomination of
candidates for city offices. (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]
221.190
[Amended by 1957 c.608 §227; repealed by 1983 c.350 §331a]
221.200 Law governing elections in cities.
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]
221.210 Charter amendments and other
municipal measures; initiative and referendum.
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]
221.230 Election dates; procedure for
emergency elections. (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
221.275 Definitions for ORS 221.275 to
221.290. 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]
221.277 Violation of city parking ordinance;
affirmative defense. (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]
221.280 [1995
c.533 §4; repealed by 1997 c.522 §2]
221.283 [1995
c.533 §5; repealed by 1997 c.522 §2]
221.285 Notice of delinquent parking
violation to rental company; effect when notice not given; effect of prompt
payment of amount specified in citation; procedure to substitute renter as
defendant. (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]
221.287 Recovery of fine from renter or
lessee of vehicle. (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]
221.290 Application of ORS 221.275 to
221.290. ORS 221.275 to 221.290 apply to any
city with a population exceeding 300,000. [1995 c.533 §9]
221.295 Ordinances regulating placement or
height of radio antennas. 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.
221.310 Effective date of ordinances,
resolutions and franchises; emergency measures.
(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]
221.315 Enforcement of ordinance and
charter provisions; disposition of fines. (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 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 the fine shall be credited and distributed 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, one-half of the fine shall be credited and
distributed as a monetary obligation payable to the state.
(c)
If collected by the justice court, one-half of the fine shall be credited and
distributed 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; 2011 c.597 §128]
221.320
[Repealed by 1967 c.195 §1]
221.330 Publication or posting of
ordinances; exceptions. 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.
221.333 Parking ordinance violation; mode
of charging defendant; notice as complaint. (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]
221.335 [1989
c.679 §4; 1999 c.1051 §265; renumbered 221.355 in 1999]
MUNICIPAL COURTS
221.336 Establishment of municipal court.
Any city of this state may establish a municipal court by charter or by
ordinance. [1999 c.788 §46]
221.337 [1995
c.532 §1; 1997 c.801 §150; 1999 c.1051 §266; renumbered 221.357 in 1999]
221.339 Jurisdiction of municipal court;
prosecutions by city attorney. (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.
221.340
[Amended by 1973 c.737 §1; 1987 c.687 §8; 1991 c.741 §13; renumbered 221.333 in
1999]
221.342 Method by which municipal court
becomes court of record. (1) Any municipal court may become
a court of record by:
(a)
The passage of an ordinance by the governing body of the city in which the
court is located; and
(b)
The entry of an order by the Supreme Court acknowledging the filing of the
declaration required under subsection (2) of this section.
(2)
Before a municipal court may become a court of record, the governing body of
the city in which the court is located must file a declaration with the Supreme
Court that includes:
(a)
A statement that the municipal court satisfies the requirements of this section
for becoming a court of record;
(b)
The address and telephone number of the clerk of the municipal court; and
(c)
The date on which the municipal court will commence operations as a court of
record.
(3)
The Supreme Court may not charge a fee for filing a declaration under
subsection (2) of this section. Not later than 30 days after a declaration is
filed under subsection (2) of this section, the Supreme Court shall enter an
order acknowledging the filing of the declaration and give notice of the order
of acknowledgment to the city and the public.
(4)
The city shall provide a court reporter or an audio recording device for each
municipal court made a court of record under this section.
(5)
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.
(6)
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; 2007 c.330 §4]
221.343 Method by which municipal court
ceases to operate as court of record. (1) Any
municipal court that has become a court of record under ORS 221.342 may cease
to operate as a court of record only if the governing body of the city in which
the court is located files a declaration with the Supreme Court identifying the
date on which the municipal court will cease operation as a court of record.
The date identified in the declaration may not be less than 31 days after the
date the declaration is filed.
(2)
The Supreme Court may not charge a fee for filing a declaration under
subsection (1) of this section. Not later than 30 days after a declaration is
filed under subsection (1) of this section, the Supreme Court shall enter an
order acknowledging the filing of the declaration and give notice of the order
of acknowledgment to the city and the public.
(3)
The appeal from a judgment entered in a municipal court after the date
identified in the declaration filed under this section shall be as provided in
ORS 221.359 (1) and (2). [2007 c.330 §6]
221.344 Registration of municipal court;
effect of registration. (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]
221.345
[Repealed by 1981 c.48 §8]
221.346 Enforcement of judgments of
municipal court. (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 18.993.
(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 18.993. 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)]
221.347 [1989
c.839 §35; repealed by 1993 c.735 §15]
221.348 [1957
c.378 §1; 1999 c.788 §50; renumbered 221.353 in 1999]
221.349 [1959
c.502 §§1,2,3; 1965 c.626 §1; 1971 c.633 §7; 1973 c.653 §1; 1987 c.766 §1; 1999
c.788 §51; 1999 c.1085 §7; renumbered 221.354 in 1999]
221.350
[Amended by 1985 c.342 §16; 1989 c.123 §2; 1995 c.658 §93; 1999 c.682 §12;
renumbered 221.359 in 1999]
221.351 Liens based on municipal court
judgment; recording judgment or lien; recording fee.
(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.
221.352 Municipal court docket.
(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]
221.353 Disqualification of municipal
judge for prejudice. 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]
221.354 Trial by jury in criminal cases.
(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]
221.355 Agreement between cities for
judicial services. 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 153.640 to 153.680, 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; 2011 c.597 §129]
221.357 Provision of judicial services to
city by circuit court. (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 153.640 to 153.680, 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; 2011 c.597 §130]
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
221.359 Appeals from conviction in
municipal court. (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]
221.360 Appeal on issue of validity of
charter or ordinance. 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]
221.370 Validity of charter or ordinance
determined before merits. 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.
221.380 Appeal by city from invalidating
order; release of defendant during appeal. 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]
221.390 Trial, procedure and sentence in
circuit court on appeal from municipal court.
(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]
221.400
[Repealed by 1971 c.633 §8]
AUTHORITY TO REGULATE LOCAL MATTERS; LICENSING
AND TAXATION
(Generally)
221.410 Power of city to control local
affairs; limitation of floating indebtedness. (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]
221.415 Municipal rights of way; use by
electric utilities; power of city to regulate and impose charges.
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.
221.417 [1989
c.484 §3; repealed by 1999 c.1093 §21]
221.420 Municipal regulation of public
utilities. (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)
Subject to ORS 758.025, a 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, or
Oregon Community Power, 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; 2007 c.807 §40; 2009
c.444 §3]
221.430
[Amended by 1967 c.359 §684; repealed by 1973 c.33 §1]
221.440
[Repealed by 1973 c.33 §1]
221.450 Privilege tax on public utilities
operating without franchise. Except as
provided in ORS 221.655, the city council or other governing body of every
incorporated city may levy and collect a privilege tax from Oregon Community
Power and from every electric cooperative, people’s utility district, privately
owned public utility, telecommunications carrier as defined in ORS 133.721 or
heating company. The privilege tax may be collected only if the entity is
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. The privilege tax
shall be 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, or Oregon Community Power, 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; 2007 c.807 §41]
221.460 Duration of franchises, privileges
and permits. 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.
221.470 Removal of structures on expiration
of grant or franchise. (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]
221.475 Territory annexed to city;
limitation on electric service by municipal utility.
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.
221.480
[Repealed by 1981 c.288 §1]
221.485 Policy on vehicles for hire.
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]
221.490
[Repealed by 1981 c.288 §1]
221.495 Local franchise authority over
vehicles for hire. 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]
221.500
[Repealed by 1981 c.288 §1]
(Telecommunications Carriers)
221.505 Policy.
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]
221.510 Municipal regulation of telecommunications
carriers. (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]
221.515 Privilege tax on
telecommunications carriers; maximum rate; deduction of additional fees.
(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 403.105, 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
221.610 Disincorporation of cities;
effective date. 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]
221.620
[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630,
221.640 and 221.660)]
221.621 Disincorporation procedure;
petition; election. (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]
221.630
[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630,
221.640 and 221.660)]
221.640
[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630,
221.640 and 221.660)]
221.650 Property conveyed to county;
cessation of corporate existence; records deposited.
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
221.655 Privilege tax on distribution
utilities; maximum rate; allocation of tax among customers.
(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]
221.660
[Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630,
221.640 and 221.660)]
221.710
[Amended by 2001 c.779 §8; repealed by 2003 c.518 §2]
MISCELLANEOUS PROVISIONS
221.720 Situs of
cities; jurisdiction of cities coextensive with boundaries.
(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.
221.725 Sale of city real property;
publication of notice; public hearing. (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.
221.727 Alternative procedure for sale of
city real property; public notice and hearing.
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.
221.730
[Repealed by 1955 c.33 §1]
221.735 Continuation of collection service
after incorporation; authority of city. 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.
221.740
[Repealed by 1955 c.33 §1]
221.745 [1981
c.602 §6; repealed by 1983 c.216 §4]
221.750 Right of cities to public areas
not extinguished by adverse possession or statute of limitations.
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.
221.760 Prerequisites for cities in
counties over 100,000 population to receive revenues from cigarette, gas and
liquor taxes. (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]
221.770 Revenue sharing to cities;
conditions for receipt; formula for distribution.
(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]
221.780 [1977
c.831 §2; repealed by 1987 c.406 §3]
221.785 Effect of challenge of validity of
incorporation. (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]
221.845 [1955
c.475 §1; renumbered 190.510]
221.850 [1955
c.475 §5; 1957 c.252 §1; renumbered 190.520]
221.855 [1955
c.475 §6; 1957 c.252 §2; renumbered 190.530]
221.860 [1955
c.475 §9; 1957 c.252 §3; renumbered 190.540]
GHOST TOWNS
221.862 “Historic ghost town” defined.
As 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.
221.865 [1955
c.475 §2; renumbered 190.550]
221.867 Filling vacancies in all offices
of members of city council of historic ghost town.
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.
221.869 Preference for appointment to city
council of historic ghost town. 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.
221.870 [1955
c.475 §3; renumbered 190.560]
221.872 State revenues not available to
historic ghost town. 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.
221.875 [1955
c.475 §4; renumbered 190.570]
221.880 [1955
c.475 §7; renumbered 190.580]
221.885 [1955
c.475 §8; renumbered 190.590]
221.890 [1955
c.475 §10; renumbered 190.600]
221.894 [1955
c.561 §1; repealed by 1957 c.241 §1]
221.896 [1955
c.561 §2; repealed by 1957 c.241 §1]
221.898 [1955
c.561 §3; repealed by 1957 c.241 §1]
221.900 [1955
c.561 §4; repealed by 1957 c.241 §1]
THE 1893 INCORPORATION ACT
221.901 Cities organized under 1893 Act;
officers; “city” defined for ORS 221.901 to 221.928.
(1) The officers of every municipal corporation organized under sections 1 to
6, pages 119 to 123, Oregon Laws 1893, shall be a mayor, six alderpersons, a
recorder, who shall be ex officio clerk of the common council, a marshal, a
treasurer and such subordinate officers as are provided in ORS 221.902.
(2)
Unless the context indicates otherwise, “city” as used in ORS 221.901 to
221.928 includes any area or territory incorporated under sections 1 to 6,
pages 119 to 123, Oregon Laws 1893. [Amended by 2003 c.14 §104]
221.902 City officers; elective;
appointive; terms. (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]
221.903 Bond and oath of officers.
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.
221.904 Vacancies.
(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]
221.905 Compensation of city officers.
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]
221.906 Election procedure generally.
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]
221.907 Eligibility for office.
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]
221.908 Council meetings; notice; place of
meetings. 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]
221.909 Council meetings; attendance; records.
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]
221.910 Powers of council regarding
qualification of members. The council shall judge the
qualifications of its members. [Amended by 1983 c.350 §32]
221.911 Rules on enactment of ordinances
granting franchise or for payment of money. 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]
221.912 Formalities required to render
ordinance effective. 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.
221.913 Claims against cities; how
presented and paid. (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.
221.914 Prosecution for violation of
ordinance; place of imprisonment; city liable for expenses.
(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.
221.915 Nuisance defined.
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.
221.916 Powers of common council.
(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 pool selling.
(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.
(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; 2011 c.597 §171]
221.917 Functions and duties of mayor.
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.
221.918 Duties of recorder.
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]
221.919 Powers and duties of marshal;
removal from office. 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]
221.920 Duties of treasurer.
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.
221.921 Interest of officers in city
contracts. 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.
221.922
[Repealed by 1983 c.350 §331a]
221.923
[Amended by 1961 c.290 §1; repealed by 2011 c.597 §309]
221.924 Authority to make public
improvements. 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]
221.925 Tax deeds; tax warrants.
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.
221.926 Authority to enact ordinances.
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.
221.927 Approval or veto of ordinances;
proceedings after veto. 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.
221.928 Record of ordinances; compilation
accepted as evidence. 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.
221.929
[Repealed by 1953 c.57 §2]
221.930
[Repealed by 1973 c.64 §3]
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