Title 21 — CITIES
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…
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…
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.
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…
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…
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 …
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. …
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…
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 b…
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…
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 …
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…
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 …
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. CITY GOVERNMENT; OFFICERS; NOMINATIONS AND ELECTIONS; CHARTER AMENDMENT…
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.
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 …
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…
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.
As a qualification for the office, a municipal judge must: Be a licensee 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 a…
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 …
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…
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…
ORS chapters 246 to 260 govern the conduct of all city elections.
The city council may refer and the people may initiate municipal measures or amendments to the charter of the 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. Notwithstanding the charter of the city or any other provision of law, the adoption, amendment, revision, repeal or surrender of a …
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: 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 (…
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 …
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.
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.
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…
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…
ORS 221.275 to 221.290 apply to any city with a population exceeding 300,000.
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…
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…
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 …
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…
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 …
MUNICIPAL COURTS
Any city of this state may establish a municipal court by charter or by ordinance.
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…
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…
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…
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…
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…
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…
The case record of a municipal court consists of the docket as provided in subsection (2) of this section and the case file as provided in subsection (3) of this section. A municipal court of this state that registers under ORS 221.344 shall maintain a docket. The docket is a record wherein the clerk or court administrator of the municipal court shall enter…
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…
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…
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 …
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…
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…
In any municipal court that has not become a court of record under ORS 221.342, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the case transferred to the circuit court for the county in which the municipal court is located. The election must be made within 10 day…
When entering a judgment in an action for a violation or a misdemeanor, a municipal court shall, by including a notification in the judgment document or by another effective manner, notify the defendant that the defendant may request the name and contact information of the government official or entity upon which service of a notice of appeal is required und…
As used in ORS 221.369 to 221.407, “matter” means: On appeal from a judgment of conviction and sentence, the entire case; or On appeal from a pretrial order or order entered after trial, or an amended or corrected judgment, the order or judgment from which the appeal is taken and any issue, factual or legal, necessary to decide the appeal.
If a municipal court has become a court of record under ORS 221.342: An appeal in a proceeding involving a violation shall be taken to the Court of Appeals as provided in ORS 138.057. An appeal in a proceeding involving a misdemeanor shall be taken to the Court of Appeals as provided in ORS 138.010 to 138.310 for appeals from a circuit court. If a municip…
Except as provided in subsection (2) of this section, a notice of appeal must be filed and served within 30 days of the date of entry in the municipal court docket of the judgment or order being appealed. If a motion for a new trial or motion in arrest of judgment is timely served and filed, a notice of appeal must be served and filed within 30 days from th…
The notice of appeal must contain: The title of the cause in the municipal court. The party appealing is known as the appellant and the adverse party as the respondent, but the title of the action is otherwise unchanged. The name of each party and the party’s attorney, if the party is represented by an attorney. A notice to each party that appeared in the…
The appellant shall: File written notice of appeal with the municipal court from which the appeal is taken with proof of service of a copy on the adverse party, or an acknowledgment of service signed by the adverse party; and Serve a copy of the notice of appeal on the adverse party or, if the adverse party is represented by an attorney, the party’s attorn…
On appeal from a municipal court to the circuit court in an action involving only the commission of a violation, the parties are subject to the circuit court fees described in ORS 21.135 when filing a notice of appeal or other first appearance in the appellate proceeding. The appellant shall either tender payment of the circuit court filing fee to the munic…
The circuit court has jurisdiction to exercise judicial authority in the matter upon the filing of the notice of appeal. Timely filing of the notice of appeal and timely service on the adverse party is jurisdictional, and except as otherwise provided in this section, neither the municipal court nor the circuit court may waive or extend the time limits for f…
The municipal court shall submit the case record described in ORS 221.352 to the circuit court immediately and no later than 30 days after the date the notice of appeal was filed, or 10 days if the defendant is in custody. The circuit court by order may extend the time for the municipal court to submit the case record. If the municipal court and the circui…
The circuit court may dismiss an appeal that is not properly taken or perfected, including the failure to include a claim in the notice of appeal if required by ORS 221.371 (1)(i), except that the circuit court may not dismiss an appeal because the municipal court has failed to submit the municipal court case record to the circuit court. The circuit court s…
The circuit court shall render a judgment as defined in ORS 18.005 conclusively disposing of the appeal. Except as otherwise provided in ORS 221.369 to 221.407: If the circuit court determines that any of the terms of the municipal court judgment should be reversed or modified, the circuit court shall render a judgment as if the case had been originally co…
The right of a party in a municipal court to appeal under ORS 221.369 to 221.407 may not be construed to prevent any party from seeking review in the circuit court under ORS 34.010 to 34.100 for errors in law appearing on the face of the judgment entered by the municipal court or the proceedings connected therewith or, in a proceeding charging a violation or…
Except as provided in subsection (6) of this section, in a proceeding involving a violation or misdemeanor, a defendant may appeal from: A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed. A judgment ordering payment of restitution but not specifying the amount of restitution, or a s…
The state or a city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by state law, in which event the appeal is in the name of the state. The city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by city charter or ordina…
Except as provided in ORS 221.405: On appeal of a matter in a case charging a violation or misdemeanor, the circuit court shall try the matter pursuant to the statutes that prescribe the procedure for trial of violations or misdemeanors, respectively, in the circuit court, except that the prosecution may be handled by an attorney provided by the city that e…
On appeal by the defendant or the prosecution of an order or judgment other than the judgment of conviction and sentence, except as otherwise specified by law, the circuit court may review only the order or judgment from which the appeal is taken and any issue necessary to decide the appeal, but may receive and consider evidence as necessary to decide the ma…
On appeal by a defendant of any conviction based on a plea of guilty or no contest, the circuit court shall treat the plea as though it was entered in and accepted by the circuit court. If the defendant has included a claim of legal error in the notice of appeal as required by ORS 221.371 (1)(i), the circuit court shall sentence the defendant anew without de…
On appeal by the defendant of a judgment under ORS 221.389 (1)(a) or (d) involving a misdemeanor, after the circuit court has decided the appeal, and notwithstanding whether the circuit court affirms, reverses or modifies any term of the municipal court judgment, the circuit court shall render a judgment as provided in ORS 221.385 (2)(a). On appeal by the d…
A defendant filing notice of appeal from a judgment of conviction and sentence of a misdemeanor described in this subsection does not stay enforcement of the judgment unless the defendant: If sentenced to confinement, executes a release agreement or makes a security release deposit as provided in ORS 135.230 to 135.290; or On conviction of a traffic crime …
Whenever a defendant is charged with violating a provision of a city charter or ordinance and the defendant challenges the validity of the charter or ordinance provision, a municipal judge shall determine such issue and enter an order thereon before deciding the case on its merits. If the municipal judge declares the charter or ordinance provision invalid, …
The state or a city may appeal an order or judgment of the circuit court to the Court of Appeals: In a proceeding involving a violation, as provided in ORS 138.057. In a proceeding involving a misdemeanor, as provided in ORS 138.010 to 138.310. In any case in which only a violation or violations are charged, the state may not appeal from an order dismissi…
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…
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 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…
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…
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.
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…
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 Orego…
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…
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, …
(Telecommunications Carriers)
The Legislative Assembly recognizes that significant changes have occurred in the regulation, technology and marketing of telecommunications carriers as defined in ORS 133.721 over the past decade. It is the intent of the Legislative Assembly in adopting the privilege tax authorized by ORS 221.505 to 221.515 and 759.219 to respond to these changes by establi…
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…
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…
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…
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…
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…
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…
MISCELLANEOUS PROVISIONS
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…
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…
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…
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…
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 …
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…
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…
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…
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…
GHOST TOWNS
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…
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…
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 …
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.
THE 1893 INCORPORATION ACT
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…
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 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…
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…
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…
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.
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.
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…
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 …
The council shall judge the qualifications of its members.
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…
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; …
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…
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 …
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…
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…
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…
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.
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…
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…
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.
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…
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…
Every city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, may pass any and all necessary ordinances for the purpose of carrying into force and effect any provisions of ORS 221.901 to 221.928 or any other laws concerning city government.
Upon the passage of any ordinance, the enrolled copy thereof, attested by the recorder, shall be submitted to the mayor by the recorder, and if the mayor approves the same the mayor shall write upon it “Approved,” with the date thereof and sign it with the name of office of the mayor. Thereupon, unless otherwise provided, such ordinance shall become a law an…
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 …
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