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

 

2017 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 boundary commission

 

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 expenses

 

221.090     Terms of office of first city council

 

221.100     Validation of incorporation under prior laws

 

221.106     Prohibitions related to signing of incorporation petition; violation

 

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

 

221.142     Qualifications for municipal judges; extensions

 

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 city elections

 

221.210     Referendum and initiative for municipal measures and charter amendments

 

221.230     Election dates; emergency elections

 

221.240     Disclosure to city auditor of legally protected material

 

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 or leasing company; effect when notice not given; effect of prompt payment of amount specified in citation; procedure to substitute renter or lessee 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 charter provisions and ordinances; 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

 

221.358     Audio recording or reporting of municipal court proceedings

 

APPEALS

 

221.359     Appeals from conviction in municipal court

 

221.360     Appeal on issue of constitutionality of charter provision or ordinance

 

221.370     Validity of charter or ordinance provision 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 after 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 regulation of 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

 

(Temporary provisions relating to disincorporation of City of Damascus are compiled as notes following ORS 221.650)

 

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 of over 100,000 population to receive revenues from cigarette, gas and liquor taxes

 

221.770     Revenue sharing to cities; conditions for receipt; apportionment formula

 

221.785     Effect of challenge of validity of incorporation

 

GHOST TOWNS

 

221.862     “Historic ghost town” defined

 

221.867     Filling vacancies in city council of historic ghost town to form quorum

 

221.869     Preference for appointment to city council of historic ghost town

 

221.872     State shared 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     Council to judge qualifications of members

 

221.911     Rules on council’s granting franchise or payment of money

 

221.912     Procedures applicable to ordinances

 

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 within the urban unincorporated community of White City, west of Oregon Route 62.

      (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; 2016 c.121 §3]

      Sec. 11. Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026. [2005 c.539 §11; 2016 c.121 §6]

 

      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 boundary commission. (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 expenses. (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 Prohibitions related to signing of incorporation petition; violation. (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.

 

      221.142 Qualifications for municipal judges; extensions. (1) As a qualification for the office, a municipal judge must:

      (a) Be a member of the Oregon State Bar;

      (b) Have completed a course on courts of special jurisdiction offered by the National Judicial College, or complete the course within 12 months after appointment or election to the office of municipal judge; or

      (c) Have completed, or complete within 12 months after appointment or election to the office of municipal judge, a course that is equivalent to the course described in paragraph (b) of this subsection, proposed by the municipal judge and approved by the Chief Justice of the Supreme Court.

      (2) If exigent circumstances prevent a municipal judge from completing the course required under subsection (1)(b) of this section within 12 months after appointment or election to the office of municipal judge, the presiding judge of the judicial district in which the municipal court is located may grant the municipal judge one extension of time to complete the course. The extension may not exceed 12 months. The presiding judge may require the municipal judge to complete additional educational requirements during an extension granted under this subsection.

      (3) Notwithstanding subsection (1) of this section, a municipal judge in a municipal court that is a court of record under ORS 221.342 must be a member of the Oregon State Bar.

      (4) Any person serving temporarily as a municipal judge must possess the qualifications for the office of municipal judge described in this section. [2015 c.570 §8]

 

      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 city elections. 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 Referendum and initiative for municipal measures and charter amendments. 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; emergency elections. (1) Except as provided in subsection (3) of this section, no election on a city measure referred by the city governing body 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) Except as provided in subsection (3) of this section, no election on a city measure other than a city measure referred by the city governing body shall be held on any date other than:

      (a) The third Tuesday in May; or

      (b) The first Tuesday after the first Monday in November.

      (3) An emergency election may be held on a date other than those provided in subsection (1) or (2) 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.

      (4) 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) or (2) of this section.

      (5) 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 (4) 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; 2015 c.44 §2]

 

      221.240 Disclosure to city auditor of legally protected material. (1) As used in this section, “legally protected material” means:

      (a) Information and records of a city that are protected by attorney-client privilege held by the city; and

      (b) Attorney work product prepared in the course of providing legal services to the city.

      (2) The disclosure of legally protected material by a city, or any officer, employee or agent of the city, to the elected auditor of the city, or any employee or agent of the elected auditor who is employed for the purpose of auditing or investigating the city, does not waive the privilege with respect to any other person, to the extent the legally protected material is disclosed for the purpose of an audit or investigation. [2017 c.528 §1]

 

      Note: 221.240 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.

 

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 or leasing company; effect when notice not given; effect of prompt payment of amount specified in citation; procedure to substitute renter or lessee 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 charter provisions and ordinances; 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) Subject to subsection (3) of this section, 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, and subject to subsection (3) of this section, 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.

      (3) If the full amount of the fine imposed by a circuit court under this section is collected and a surcharge is imposed on the fine under ORS 1.188, the last $5 of the amount collected shall be paid to the county for deposit in the county’s courthouse surcharge account established under ORS 1.189. If the full amount of the fine imposed is not collected, the $5 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. [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; 2016 c.78 §6]

 

      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 or designated drug-related misdemeanors as defined in ORS 423.478.

      (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; 2017 c.706 §21]

 

      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.

 

      221.358 Audio recording or reporting of municipal court proceedings. (1) In any proceeding conducted in open court in a municipal court, any party may arrange for audio recording or reporting of the proceeding by stenographic or other means. The court may not prohibit recording or reporting of the proceeding under this section.

      (2) A reporter providing stenographic reporting services under this section must be certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally recognized certification program. A party arranging for reporting of the proceeding by stenographic means must provide the court with the name of the reporter and an address and telephone number where the reporter may be contacted.

      (3) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section may be used by the parties during the proceeding.

      (4) If all parties to the proceeding and the court agree, the audio recording or stenographic or other reporting of the proceeding arranged under this section is the official record of the proceeding.

      (5) Unless other parties agree to pay all or part of the cost of the audio recording or stenographic or other reporting of the proceeding, the party arranging for the recording or reporting must pay all costs of the recording or reporting. [2015 c.623 §11]

 

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 constitutionality of charter provision 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 provision 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 221.420, 221.450 and 261.305 and this section 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 after 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 regulation of 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]

 

(Temporary provisions relating to disincorporation of City of Damascus)

 

      Note: Section 1, chapter 637, Oregon Laws 2015, provides:

      Sec. 1. (1) As soon as practicable after the operative date determined under section 2, chapter 637, Oregon Laws 2015 [May 17, 2016], and until the 60th day following the operative date, the City of Damascus shall post notices in at least two public locations in the city and on the website of the city stating that:

      (a) Under subsection (2) of this section, the city is required to satisfy all current and pending debts and obligations for which the city is liable; and

      (b) Persons believing themselves to be creditors of the city should present claims to the city as soon as possible to ensure that all valid debts and obligations for which the city is liable will be timely paid.

      (2) Notwithstanding ORS 221.650, during the period that begins on the 30th day following the operative date determined under section 2, chapter 637, Oregon Laws 2015, and ends on the 60th day following the operative date:

      (a) The City of Damascus shall expend moneys in the funds of the city to satisfy:

      (A) Current and pending debts and obligations for which the city is liable, including, but not limited to, debt service payments, lease obligations, financing arrangements and similar obligations;

      (B) Outstanding obligations relating to employment of city employees, including pension and other employee benefit obligations; and

      (C) Other debts, obligations, liabilities and expenses requiring financial satisfaction by a disincorporating city.

      (b) As soon as practicable after making the expenditures required under paragraph (a) of this subsection, the city shall transfer:

      (A) All moneys in the city road fund to Clackamas County for deposit in a separate account in the county road fund created for purposes of this subparagraph. Moneys in the separate account shall be expended by the county for the purposes for which moneys in the county road fund may be expended, solely in the territory within the corporate boundaries of the City of Damascus as they existed on the operative date determined under section 2, chapter 637, Oregon Laws 2015.

      (B) An amount not to exceed $3 million to Clackamas County for deposit in a separate account in the county general fund created for purposes of this subparagraph. Moneys in the separate account shall be expended by the county for expenses related to the employment of employees of the City of Damascus by Clackamas County pursuant to ORS 236.605 to 236.640, contracted law enforcement services within the territory of the disincorporated city and other current service expenses in the budget of the City of Damascus on the operative date determined under section 2, chapter 637, Oregon Laws 2015, and the administration by the county of this subparagraph, including but not limited to the processing of expenditures under this subparagraph.

      (c) The City of Damascus shall transfer all moneys in the funds of the city in excess of the moneys required to be expended under paragraph (a) of this subsection and transferred under paragraph (b) of this subsection to Clackamas County for deposit in a separate account in the county general fund created for purposes of this paragraph. Excess moneys in the separate account shall be distributed by the county as provided in subsection (3) of this section.

      (3)(a) Excess moneys transferred to Clackamas County under subsection (2)(c) of this section shall be distributed by the county on or as soon as practicable after January 1, 2018, to each person that owned taxable property as of June 30, 2016, for which property taxes were paid in full to the City of Damascus for the property tax year beginning on July 1, 2015, in an amount determined by multiplying the amount of all excess moneys to be distributed under this subsection by the ratio of the cumulative amount of ad valorem property taxes certified by the city and paid with respect to the property owned by the person for the property tax years beginning on July 1, 2013, and ending on June 30, 2016, to the cumulative amount of ad valorem property taxes certified by the city and paid with respect to property owned by all persons eligible for the distribution under this subsection for the property tax years beginning on July 1, 2013, and ending on June 30, 2016.

      (b) Notwithstanding paragraph (a) of this subsection, amounts that would otherwise be distributed under paragraph (a) of this subsection to a taxpayer with respect to a homestead granted deferral under ORS 311.666 to 311.701 shall be paid to the credit of the account maintained for the deferred property by the Department of Revenue pursuant to ORS 311.676. The county shall notify the taxpayer upon making a payment to the department under this paragraph.

      (c) A distribution is not required under this subsection if the amount of the distribution would be $10 or less.

      (d) Before making the distributions described in this subsection, the county may retain an amount of the excess moneys equal to the actual costs of the county in making the distributions.

      (e) Excess moneys to be distributed under this subsection that remain unclaimed on January 1, 2019, shall be transferred to the general fund of Clackamas County and may be expended by the county in the same manner as other moneys in the general fund.

      (4)(a) Notwithstanding any other provision of law, in order to compensate Clackamas County for the distribution of excess moneys under subsection (3) of this section, for the period that begins on the 61st day following the operative date determined under section 2, chapter 637, Oregon Laws 2015, and ending 10 years later:

      (A) Funds that would otherwise have been distributed to the City of Damascus under ORS 323.455, 403.240 and 471.810 shall be distributed to Clackamas County for deposit in a separate account in the general fund of the county created for purposes of this subparagraph.

      (B) Funds that would otherwise have been distributed to the City of Damascus under ORS 366.785 to 366.820 shall be distributed to Clackamas County for deposit in a separate account in the general fund of the county created for purposes of this subparagraph.

      (b)(A) Moneys described in paragraph (a)(A) of this subsection shall be expended by the county on costs, including the actual costs of the county in administering this subsection, related to public safety and law enforcement, urban comprehensive planning, code enforcement and waste water and surface water management that are incurred solely in the territory within the corporate boundaries of the City of Damascus as they existed on the operative date determined under section 2, chapter 637, Oregon Laws 2015.

      (B) Moneys described in paragraph (a)(B) of this subsection shall be expended by the county for uses permitted under Article IX, section 3a, of the Oregon Constitution, solely in the territory within the corporate boundaries of the City of Damascus as they existed on the operative date determined under section 2, chapter 637, Oregon Laws 2015.

      (c) Territory that is removed from the Metro urban growth boundary or that is annexed to another city during the period described in paragraph (a) of this subsection shall, from the effective date of the removal or annexation, be considered outside the corporate boundaries of the City of Damascus for purposes of this subsection. [2015 c.637 §1; 2017 c.750 §132]

 

      Note: Pursuant to section 2, chapter 637, Oregon Laws 2015, section 1, chapter 637, Oregon Laws 2015, became operative on May 17, 2016, the date on which a majority of the voters of the City of Damascus approved chapter 603, Oregon Laws 2015, pursuant to section 2, chapter 603, Oregon Laws 2015.

 

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 of 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; apportionment formula. (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 city council of historic ghost town to form quorum. 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 shared 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 Council to judge qualifications of members. The council shall judge the qualifications of its members. [Amended by 1983 c.350 §32]

 

      221.911 Rules on council’s granting franchise or 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 Procedures applicable to ordinances. 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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