Oregon Revised Statutes
Each county is a body politic and corporate for the following purposes: To sue and be sued; To purchase and hold for the use of the county lands lying within its own limits and any personal estate; To make all necessary contracts; and To do all other necessary acts in relation to the property and concerns of the county.
A county may enter into a contract for the purchase or for the lease with option to purchase of real or personal property when: The period of time allowed for payment under the contract does not exceed 30 years; and The county is not obligated to make payments under the contract in any fiscal year unless the county governing body includes such payments in …
As used in ORS 203.030 to 203.075, “governing body” means the representative body vested with legislative power by statute or charter.
Subject to subsection (3) of this section, the governing body or the electors of a county may by ordinance exercise authority within the county over matters of county concern, to the fullest extent allowed by Constitutions and laws of the United States and of this state, as fully as if each particular power comprised in that general authority were specifical…
Except by consent of the governing body or the electors of a city and except in cities not regularly operating as such through elected governmental officials, ordinances adopted under ORS 203.030 to 203.075 in exercise of the police power shall not apply inside an incorporated city.
This section does not apply to a county that prescribes by charter the manner of adopting ordinances for the county or to an ordinance authorized by a statute other than ORS 203.035. The ordaining clause of an ordinance adopted under ORS 203.035 shall read: In case of adoption by the county governing body only, “The (name of the governing body) ordains as …
Any ordinance, adopted by a county governing body under ORS 203.035 and imposing, or providing an exemption from, taxation shall receive the approval of the electors of the county before taking effect.
Ordinances adopted under ORS 203.030 to 203.075 shall be subject to judicial review and invalidation on account of unreasonableness, procedural error in adoption, or conflict with paramount state law or constitutional provision.
Subject to ORS 153.025, violation of an ordinance adopted by a county governing body under ORS 203.030 to 203.075 is a Class A violation. By ordinance, a county governing body may establish a specific fine violation as described in ORS 153.015 that provides for a higher fine than established under ORS 153.018 for Class A violations. The violator of a county…
When a county governing body orders the construction of a local improvement and levies an assessment for all or part of the cost of the improvement against property benefited by the improvement, if there is a conflict between ORS 223.205 to 223.295, 223.387 to 223.399, 223.405 to 223.485 and 223.770 and a county charter, county ordinance or another statute, …
Except as provided in subsection (3) of this section, no election on a county measure referred by the county governing body or for a county office shall be held on any date other than: The second Tuesday in March; The third Tuesday in May; The fourth Tuesday in August; or The first Tuesday after the first Monday in November. Except as provided in subsec…
For purposes of providing assistance to counties in fiscal distress, there is created in the Governor’s office a service delivery technical assistance program. The service delivery technical assistance program shall: Award, to public bodies as defined in ORS 174.109, and administer grants for service delivery innovation. Enter into agreements with public …
COUNTY GOVERNING BODIES
Unless otherwise provided by county charter, a county court shall be the governing body and shall exercise general legislative authority over all matters of county concern and shall consist of the county judge and two county commissioners and a majority of those persons shall constitute a quorum.
A county governing body shall not change the amount of a fee it has set pursuant to statute within six months after setting that fee.
The governing body of a county may include property located outside the county or within a city as part of the property to be improved or to be assessed for a public improvement, subject to the following conditions: The type of improvement is one which the county has authority to finance by assessments against the property that is within the county and outs…
In addition to any other powers granted to a county under state law or county charter, a county governing body may exercise the power of eminent domain under ORS chapter 35 to acquire any right or interest in real property for: Public road, trail or other public easement purposes. Public park or recreation area purposes. Public building or public institut…
As used in this section, “board” means board of county commissioners, county court or county governing body of a county, as the case may be. Unless otherwise provided by county charter or legislation enacted pursuant thereto, the board of each county may appoint a person or persons licensed to practice law in the State of Oregon as counsel to advise the boa…
The county governing body may establish by ordinance a fund to be known as the Public Land Corner Preservation Fund. Moneys in the Public Land Corner Preservation Fund shall be used only to pay expenses incurred and authorized by the county surveyor in the establishment, reestablishment and maintenance of corners of government surveys under ORS 209.070 (5) a…
BOARDS OF COUNTY COMMISSIONERS
The county court of any county which has not adopted a county charter pursuant to ORS 203.710 to 203.770, and in which the county judge has no judicial function, may order the office of county judge abolished and create in lieu thereof a third county commissioner. The order shall transfer all powers and duties of the county court and county judge to the boar…
A board of county commissioners shall: Have the powers and duties and be otherwise subject to the laws applicable to county courts sitting for the transaction of county business. Unless provided otherwise by county charter or ordinance, consist of three county commissioners. A majority of the board is required to transact county business. Except as otherw…
COUNTY HOME RULE
The designation of county officers to perform functions under ORS 203.710 to 203.770 extends to those officers who, under a county charter or legislation enacted pursuant thereto, may be designated to perform the same functions. References to the county court in ORS 203.710 to 203.770 include the board of county commissioners. As used in ORS 203.710 to 203…
The electors of the county, by majority vote of such electors voting on the question at any legally called election, may adopt, amend, revise or repeal a county charter. The charter, or legislation passed by the county pursuant to the charter, shall provide a method whereby the electors of the county, by majority vote of such electors voting on the question…
A proposed amendment to a county charter, whether proposed by the county governing body or by the people of the county in the exercise of the initiative power, shall embrace but one subject and matters properly connected therewith. When two or more amendments to a county charter are submitted to the electors of the county for their approval or rejection at …
A county charter may be proposed by a committee appointed after the filing with the county clerk of: A resolution requesting appointment of the committee, adopted by a majority of the county court; or A petition requesting appointment of the committee, signed by such number of electors of the county as is equal to at least four percent of the whole number …
Within 60 days after the county clerk finds that a petition for the appointment of a committee is sufficient, or within 60 days after the county court has filed with the county clerk its resolution requesting that a committee be appointed, a committee shall be appointed as provided in this section. Only one committee is to be in existence at any given period…
Notwithstanding ORS 294.305 to 294.565, if the county court is notified of the sufficiency of a petition requesting the appointment of a committee, or if it files its resolution requesting the appointment of a committee, the county, acting through the county court, shall cause to be made available from funds of the county an amount equal at least to one cent…
The committee shall submit its proposed charter to the county clerk not later than the 90th day before the election at which the proposed charter is to be voted upon. Before the proposed charter is submitted to the county clerk, the committee shall conduct at least one public hearing thereon. After the proposed charter is submitted to the county clerk, the c…
Duplicate certificates shall be made, setting forth the county charter adopted and a statement of its ratification, signed by the officers or members of the body canvassing election returns. One of such certified copies shall be deposited in the office of the Secretary of State, the other shall be kept as a permanent record of the county. All courts shall ta…
As used in this section: “County law” means a county charter adopted pursuant to ORS 203.710 to 203.770 and legislation passed by a charter county or any ordinance enacted by a general law county. “County offense” means any crime or offense defined or made punishable by county law. Except as may be provided otherwise by county law: The justice courts and…