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Oregon Revised Statutes

Chapter 221 — Organization and Government of Cities

163 sections

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 e…

221.010 Definitions for ORS 221.020 to 221.100

As used in ORS 221.020 to 221.100, unless the context requires otherwise: “County court” means a county court or board of county commissioners. “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. “Population” means a city’s population as shown by the latest a…

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221.030 [Amended by 1965 c.579 §2; 1973 c.432 §2; repealed by 1981 c.890 §2 (221.031 enacted in lieu of 221.030)]repealed

No operative statutory text appears at this designation in the selected edition.

221.031 Petition to incorporate; filing; form; contents; approval by boundary commission

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: The county clerk of the county in which the proposed city lies; or If the proposed city lies in more than one county, the county clerk of the county in which th…

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 followi…

221.034 Incorporation of rural unincorporated community and contiguous lands

As used in this section: “Neighboring city” means a city that has any part of its territory situated within three miles of the area proposed to be incorporated. “Rural unincorporated community” means a settlement with a boundary identified in an acknowledged comprehensive plan of a county and that: Is made up primarily of lands subject to an exception to …

221.035 Economic feasibility statement; contents

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. …

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 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…

221.040 Hearing on petition to incorporate; order fixing date of election on approved petition

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 …

221.050 Incorporation election; election of first city council; proclamation of results

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. ORS chapters 246 to 260 govern the conduct of an election under this section, including the nominatio…

221.060 [Repealed by 1981 c.890 §8 (221.061 enacted in lieu of 221.060)]repealed

No operative statutory text appears at this designation in the selected edition.

221.061 Election expenses

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 …

221.070 [Amended by 1979 c.316 §10; repealed by 1983 c.350 §331a]repealed

No operative statutory text appears at this designation in the selected edition.

221.080 [Repealed by 1983 c.350 §331a]repealed

No operative statutory text appears at this designation in the selected edition.

221.090 Terms of office of first city council

Members of the first city council shall serve the following terms: 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 The three members receiving the three next highest number of votes shall hold office until the f…

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 …

221.102 [1973 c.64 §1; repealed by 1975 c.326 §5]repealed

No operative statutory text appears at this designation in the selected edition.

221.104 [1973 c.64 §2; repealed by 1975 c.326 §5]repealed

No operative statutory text appears at this designation in the selected edition.

221.106 Prohibitions related to signing of incorporation petition; violation

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. Violation of subsection (1) of this section is a Class C felony.

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.

221.120 City council; terms; vacancies; powers; meetings

Concerning the council of a city created under ORS 221.010 to 221.100: Three councillors shall be elected biennially. 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 …

221.130 Mayor; term; functions

Concerning the mayor of a city created under ORS 221.010 to 221.100: Only councillors shall be eligible to serve as mayor. The council shall appoint a mayor at its first meeting of each odd-numbered year. The mayor’s term of office shall be two years. The mayor shall be presiding officer of the council and shall authenticate with the signature of the may…

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

As a qualification for the office, a municipal judge must: Be a member of the Oregon State Bar; 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 Have completed, or complete within 12 months after app…

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. 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…

221.150 [Repealed by 1983 c.350 §331a]repealed

No operative statutory text appears at this designation in the selected edition.

221.160 Special elections to fill council vacancies; appointment of council members when all positions vacant

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…

221.170 [Amended by 1957 c.608 §225; 1979 c.317 §2; repealed by 1983 c.350 §331a]repealed

No operative statutory text appears at this designation in the selected edition.

221.180 Procedure for nomination of candidates for city offices

This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities. 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 el…

221.190 [Amended by 1957 c.608 §227; repealed by 1983 c.350 §331a]repealed

No operative statutory text appears at this designation in the selected edition.

221.200 Law governing city elections

ORS chapters 246 to 260 govern the conduct of all city elections.

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.

221.230 Election dates; emergency elections

Except as provided in subsection 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: 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 subsection (3) …

221.240 Disclosure to city auditor of legally protected material

As used in this section, “legally protected material” means: Information and records of a city that are protected by attorney-client privilege held by the city; and Attorney work product prepared in the course of providing legal services to the city. The disclosure of legally protected material by a city, or any officer, employee or agent of the city, to …

221.275 Definitions for ORS 221.275 to 221.290

As used in ORS 221.275 to 221.290: “Owner” or “owner of a vehicle” means the person listed as the owner of a vehicle in the records of the Department of Transportation. “Rental or leasing company” means any person engaged in the business of renting or leasing motor vehicles to the public.

221.277 Violation of city parking ordinance; affirmative defense

It is an offense to be the registered owner of a motor vehicle parked in violation of a city ordinance. 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.

221.280 [1995 c.533 §4; repealed by 1997 c.522 §2]repealed

No operative statutory text appears at this designation in the selected edition.

221.283 [1995 c.533 §5; repealed by 1997 c.522 §2]repealed

No operative statutory text appears at this designation in the selected edition.

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

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. If a no…

221.287 Recovery of fine from renter or lessee of vehicle

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. A car rental or leasing company may bill a customer directly for the fine paid or may charge the fine paid as an ancillary…

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.

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 neces…

221.310 Effective date of ordinances, resolutions and franchises; emergency measures

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 im…

221.315 Enforcement of charter provisions and ordinances; disposition of fines

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 …

221.320 [Repealed by 1967 c.195 §1]repealed

No operative statutory text appears at this designation in the selected edition.

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 ado…

221.333 Parking ordinance violation; mode of charging defendant; notice as complaint; requirement to pay fine or bail for access to court prohibited

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: The date, place and nature of the charge. The time and place for defendant’s appearance in court. The name of the issuing officer or other person authorized to issue the …

221.335 [1989 c.679 §4; 1999 c.1051 §265; renumbered 221.355 in 1999]renumbered

No operative statutory text appears at this designation in the selected edition.

221.336 Establishment of municipal court

Any city of this state may establish a municipal court by charter or by ordinance.

221.337 [1995 c.532 §1; 1997 c.801 §150; 1999 c.1051 §266; renumbered 221.357 in 1999]renumbered

No operative statutory text appears at this designation in the selected edition.

221.339 Jurisdiction of municipal court; prosecutions by city attorney

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. 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…

221.340 [Amended by 1973 c.737 §1; 1987 c.687 §8; 1991 c.741 §13; renumbered 221.333 in 1999]renumbered

No operative statutory text appears at this designation in the selected edition.

221.342 Method by which municipal court becomes court of record

Any municipal court may become a court of record by: The passage of an ordinance by the governing body of the city in which the court is located; and The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) of this section. Before a municipal court may become a court of record, the governing body…

221.343 Method by which municipal court ceases to operate as court of record

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 ma…

221.344 Registration of municipal court; effect of registration

A judgment docketed by a municipal court may be enforced in the manner provided in ORS 221.346 and 221.351 if: The municipality has registered the court with the Department of Revenue; and The municipality has provided to the Department of Revenue the name and address of a person authorized to act on behalf of the court. Any municipality that has register…

221.345 [Repealed by 1981 c.48 §8]repealed

No operative statutory text appears at this designation in the selected edition.

221.346 Enforcement of judgments of municipal court

Subject to the requirements of ORS 221.344, enforcement proceedings on a judgment docketed by a municipal court may include: Writ of execution proceedings for personal property under ORS 18.252 to 18.993. Proceedings in support of execution under ORS 18.265, 18.268 and 18.270. Garnishment proceedings under ORS 18.600 to 18.850. In addition to the enforce…

221.347 [1989 c.839 §35; repealed by 1993 c.735 §15]repealed

No operative statutory text appears at this designation in the selected edition.

221.348 [1957 c.378 §1; 1999 c.788 §50; renumbered 221.353 in 1999]renumbered

No operative statutory text appears at this designation in the selected edition.

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]renumbered

No operative statutory text appears at this designation in the selected edition.

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]renumbered

No operative statutory text appears at this designation in the selected edition.

221.351 Liens based on municipal court judgment; recording judgment or lien; recording fee

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: The judgment when docketed in the municipal court exceeds $3…

221.352 Municipal court docket

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: The title of every action or proceeding commenced in the court, with the names of the parties thereto and the time of commencement thereof. The date of making or filing any pl…

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…

221.354 Trial by jury in criminal cases

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 jur…

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 …

221.357 Provision of judicial services to city by circuit court

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. A circuit court providing services to a city under an agreement entered into under subsection (1) of this section shall have all judicial jurisdi…

221.358 Audio recording or reporting of municipal court proceedings

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. A reporter providing stenographic reporting services under this section must be certified in shorthand…

221.359 Appeals from conviction in municipal court

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 govern…

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…

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 cas…

221.390 Trial, procedure and sentence in circuit court on appeal from municipal court

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 ci…

221.400 [Repealed by 1971 c.633 §8]repealed

No operative statutory text appears at this designation in the selected edition.

221.410 Power of city to control local affairs; limitation of floating indebtedness

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. 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 employe…

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,…

221.417 [1989 c.484 §3; repealed by 1999 c.1093 §21]repealed

No operative statutory text appears at this designation in the selected edition.

221.420 Municipal regulation of public utilities

As used in this section: “Public utility” has the meaning for that term provided in ORS 757.005. “Commission” means the Public Utility Commission of Oregon. “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. “Municipality” means any town, city…

221.430 [Amended by 1967 c.359 §684; repealed by 1973 c.33 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.440 [Repealed by 1973 c.33 §1]repealed

No operative statutory text appears at this designation in the selected edition.

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 b…

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

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 v…

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. 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 Oreg…

221.480 [Repealed by 1981 c.288 §1]repealed

No operative statutory text appears at this designation in the selected edition.

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…

221.490 [Repealed by 1981 c.288 §1]repealed

No operative statutory text appears at this designation in the selected edition.

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: Regulating entry into the business of providing taxicab, …

221.500 [Repealed by 1981 c.288 §1]repealed

No operative statutory text appears at this designation in the selected edition.

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 establi…

221.510 Municipal regulation of telecommunications carriers

As used in this section: “Telecommunications carrier” has the meaning given that term in ORS 133.721. “Commission” means the Public Utility Commission of Oregon. “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. “Municipality” mea…

221.515 Privilege tax on telecommunications carriers; maximum rate; deduction of additional fees

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 a…

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 disincor…

221.620 [Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]repealed

No operative statutory text appears at this designation in the selected edition.

221.621 Disincorporation procedure; petition; election

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. The requirements for preparing, circulating and filing a petition and calling an election under this section shall b…

221.630 [Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]repealed

No operative statutory text appears at this designation in the selected edition.

221.640 [Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]repealed

No operative statutory text appears at this designation in the selected edition.

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 s…

221.655 Privilege tax on distribution utilities; maximum rate; allocation of tax among customers

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 highway…

221.660 [Repealed by 1983 c.350 §26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]repealed

No operative statutory text appears at this designation in the selected edition.

221.710 [Amended by 2001 c.779 §8; repealed by 2003 c.518 §2]repealed

No operative statutory text appears at this designation in the selected edition.

221.720 Situs of cities; jurisdiction of cities coextensive with boundaries

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. Notwithstanding any other provision of law the jurisdiction and application of government of cities shall be coextensive with the ext…

221.725 Sale of real property by city; publication of notice; public hearing

Except as provided in ORS 221.727 and 221.729, 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. The notice required by su…

221.727 Alternative procedure for sale of city-owned 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 proced…

221.729 Sale of city-owned real property to develop affordable housing; proposal process; covenant required

As used in this section, “low income household” and “moderate income household” have the meanings given those terms in ORS 456.270. Notwithstanding ORS 221.725, and in lieu of a program established under ORS 221.727, as provided in this section, a city council may sell city-owned real property for the purpose of developing affordable rental and owner-occupi…

221.730 [Repealed by 1955 c.33 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.735 Continuation of collection service after incorporation; authority of city

When a city is incorporated after November 1, 1981: 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. When no agreement has been reached under subsection (1) of this section, the service …

221.740 [Repealed by 1955 c.33 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.745 [1981 c.602 §6; repealed by 1983 c.216 §4]repealed

No operative statutory text appears at this designation in the selected edition.

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 operatio…

221.760 Prerequisites for cities in counties of over 100,000 population to receive revenues from cigarette, gas and liquor taxes

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 i…

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

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. The officer responsible for distributing funds to cities under this section shall distribute the funds for a fiscal year beginning on July 1 only if the officer is reasonably satisfied that the cit…

221.780 [1977 c.831 §2; repealed by 1987 c.406 §3]repealed

No operative statutory text appears at this designation in the selected edition.

221.785 Effect of challenge of validity of incorporation

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 u…

221.845 [1955 c.475 §1; renumbered 190.510]renumbered

No operative statutory text appears at this designation in the selected edition.

221.850 [1955 c.475 §5; 1957 c.252 §1; renumbered 190.520]renumbered

No operative statutory text appears at this designation in the selected edition.

221.855 [1955 c.475 §6; 1957 c.252 §2; renumbered 190.530]renumbered

No operative statutory text appears at this designation in the selected edition.

221.860 [1955 c.475 §9; 1957 c.252 §3; renumbered 190.540]renumbered

No operative statutory text appears at this designation in the selected edition.

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: Is on land acquired under a United States patent; Does not have a sufficient number of registered electors permanently residing within the city to fill all offices provided for under its charter; and Is of historic interest. Note: 221.862 to 221.87…

221.865 [1955 c.475 §2; renumbered 190.550]renumbered

No operative statutory text appears at this designation in the selected edition.

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…

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: A person who is an elector within the city. A person who owns and maintains property within the city and is an elector of the county in which the historic ghost …

221.870 [1955 c.475 §3; renumbered 190.560]renumbered

No operative statutory text appears at this designation in the selected edition.

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. Note: See note under 221.862.

221.875 [1955 c.475 §4; renumbered 190.570]renumbered

No operative statutory text appears at this designation in the selected edition.

221.880 [1955 c.475 §7; renumbered 190.580]renumbered

No operative statutory text appears at this designation in the selected edition.

221.885 [1955 c.475 §8; renumbered 190.590]renumbered

No operative statutory text appears at this designation in the selected edition.

221.890 [1955 c.475 §10; renumbered 190.600]renumbered

No operative statutory text appears at this designation in the selected edition.

221.894 [1955 c.561 §1; repealed by 1957 c.241 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.896 [1955 c.561 §2; repealed by 1957 c.241 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.898 [1955 c.561 §3; repealed by 1957 c.241 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.900 [1955 c.561 §4; repealed by 1957 c.241 §1]repealed

No operative statutory text appears at this designation in the selected edition.

221.901 Cities organized under 1893 Act; officers; “city” defined for ORS 221.901 to 221.928

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. Unless the context indicates otherwise, “city” as used in OR…

221.902 City officers; elective; appointive; terms

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 …

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, treas…

221.904 Vacancies

The council shall fill any vacancy occurring in any of the offices provided for in ORS 221.902 by appointment. 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 r…

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 the…

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.

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.

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 ea…

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 …

221.910 Council to judge qualifications of members

The council shall judge the qualifications of its members.

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…

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…

221.913 Claims against cities; how presented and paid

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…

221.914 Prosecution for violation of ordinance; place of imprisonment; city liable for expenses

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. Any person sentenced to imprisonment for the violation of an ordinance may …

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 or…

221.916 Powers of common council

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: 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…

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 pro…

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.

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 c…

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…

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]repealed

No operative statutory text appears at this designation in the selected edition.

221.923 [Amended by 1961 c.290 §1; repealed by 2011 c.597 §309]repealed

No operative statutory text appears at this designation in the selected edition.

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…

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 t…

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 an…

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 …

221.929 [Repealed by 1953 c.57 §2]repealed

No operative statutory text appears at this designation in the selected edition.

221.930 [Repealed by 1973 c.64 §3]repealed

No operative statutory text appears at this designation in the selected edition.