ORS 221.034
Incorporation of rural unincorporated community and contiguous lands


(1)

As used in this section:

(a)

“Neighboring city” means a city that has any part of its territory situated within three miles of the area proposed to be incorporated.

(b)

“Rural unincorporated community” means a settlement with a boundary identified in an acknowledged comprehensive plan of a county and that:

(A)

Is made up primarily of lands subject to an exception to statewide planning goals related to agricultural lands or forestlands;

(B)

Either was identified in the acknowledged comprehensive plan of a county as a “rural community,” “service center,” “rural center,” “resort community” or similar term before October 28, 1994, or is listed in the Department of Land Conservation and Development’s “Survey of Oregon Unincorporated Communities” (January 30, 1997);

(C)

Lies outside the urban growth boundary of a city or a metropolitan service district; and

(D)

Is not incorporated as a city.

(c)

“Urban reserve” has the meaning given that term in ORS 195.137 (Definitions for ORS 195.137 to 195.145).

(d)

“Urban services” has the meaning given that term in ORS 195.065 (Agreements required).

(2)

When any of the area proposed to be incorporated as a city lies within an urbanized area, but outside the urban growth boundary of a city or a metropolitan service district:

(a)

The area proposed to be incorporated must also be located entirely within a designated rural unincorporated community and contiguous lands subject to an exception to statewide planning goals related to agricultural lands or forestlands.

(b)

The petition required by ORS 221.031 (Petition to incorporate) must be accompanied by an affidavit, signed by a chief petitioner, stating that:

(A)

Ten percent of the electors registered within the area proposed for incorporation favor the incorporation; and

(B)

The chief petitioners have engaged the neighboring cities in discussions concerning the effects of the proposed incorporation, including discussions specifically relating to how those cities and the proposed city will allow for expansion of urban growth boundaries and, where applicable, for creation or expansion of urban reserves.

(c)

The economic feasibility statement required by ORS 221.035 (Economic feasibility statement) must:

(A)

Indicate that the proposed city must plan for and provide urban services in a cost-effective manner at the minimum level adequate to meet current needs and projected growth;

(B)

Contain a proposed permanent rate limit for operating taxes to provide revenues for urban services; and

(C)

Indicate that the proposed city must plan for residential development at or above the same urban density planned for an existing city, within the county, that has a similar geographic area within the existing city’s urban growth boundary or, for a proposed city within three miles of Metro’s boundary, a minimum urban residential density in accordance with a statewide planning goal and rules pertaining to needed housing for cities within Metro’s urban growth boundary.

(d)

If the proposed city will be required to complete a public facility plan and a transportation systems plan, the proposed city must demonstrate the ability to provide urban services to meet current needs and projected growth. The proposed city may meet this requirement, in whole or in part, by establishing an agreement in principle with a city or a district, as defined in ORS 195.060 (Definitions), to provide the urban services.

(3)

If the governing body of a neighboring city determines that the proposed incorporation adversely affects that city, the governing body may ask the county court with which the petition for incorporation was filed to reject the petition and terminate the incorporation proceedings. The objections by the city to the incorporation shall be heard and considered by the county court at a public hearing held under ORS 221.040 (Hearing on petition to incorporate).

(4)

If, at the hearing held under ORS 221.040 (Hearing on petition to incorporate), the county court finds that any of the requirements of subsection (2) of this section are not met or that the proposed incorporation will adversely affect a neighboring city, the county court shall provide by order for the termination of the incorporation proceedings. The order shall contain the findings of the county court relating to the proposed incorporation and the reasons for terminating the incorporation proceedings.

(5)

In the manner provided in ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed), the Land Use Board of Appeals shall review, upon the petition of a party to the incorporation proceedings, the order of the county court under subsection (4) of this section. [2001 c.132 §2; 2005 c.396 §2; 2007 c.723 §8]

Source: Section 221.034 — Incorporation of rural unincorporated community and contiguous lands, https://www.­oregonlegislature.­gov/bills_laws/ors/ors221.­html.

221.005
Legislative findings
221.010
Definitions for ORS 221.020 to 221.100
221.020
Authority to incorporate
221.031
Petition to incorporate
221.032
Annexation during pendency of incorporation
221.034
Incorporation of rural unincorporated community and contiguous lands
221.035
Economic feasibility statement
221.036
Inclusion of area within urban growth boundary in incorporation of rural unincorporated community
221.040
Hearing on petition to incorporate
221.050
Incorporation election
221.061
Election expenses
221.090
Terms of office of first city council
221.100
Validation of incorporation under prior laws
221.106
Prohibitions related to signing of incorporation petition
221.110
City officers
221.120
City council
221.130
Mayor
221.140
Appointment of municipal judge and other city officers
221.142
Qualifications for municipal judges
221.145
Basing compensation of city officers upon fines prohibited
221.160
Special elections to fill council vacancies
221.180
Procedure for nomination of candidates for city offices
221.200
Law governing city elections
221.210
Referendum and initiative for municipal measures and charter amendments
221.230
Election dates
221.240
Disclosure to city auditor of legally protected material
221.275
Definitions for ORS 221.275 to 221.290
221.277
Violation of city parking ordinance
221.285
Notice of delinquent parking violation to rental or leasing company
221.287
Recovery of fine from renter or lessee of vehicle
221.290
Application of ORS 221.275 to 221.290
221.295
Ordinances regulating placement or height of radio antennas
221.310
Effective date of ordinances, resolutions and franchises
221.315
Enforcement of charter provisions and ordinances
221.330
Publication or posting of ordinances
221.333
Parking ordinance violation
221.336
Establishment of municipal court
221.339
Jurisdiction of municipal court
221.342
Method by which municipal court becomes court of record
221.343
Method by which municipal court ceases to operate as court of record
221.344
Registration of municipal court
221.346
Enforcement of judgments of municipal court
221.351
Liens based on municipal court judgment
221.352
Municipal court docket
221.353
Disqualification of municipal judge for prejudice
221.354
Trial by jury in criminal cases
221.355
Agreement between cities for judicial services
221.357
Provision of judicial services to city by circuit court
221.358
Audio recording or reporting of municipal court proceedings
221.359
Appeals from conviction in municipal court
221.360
Appeal on issue of constitutionality of charter provision or ordinance
221.370
Validity of charter or ordinance provision determined before merits
221.380
Appeal by city from invalidating order
221.390
Trial, procedure and sentence in circuit court on appeal from municipal court
221.410
Power of city to control local affairs
221.415
Municipal rights of way
221.420
Municipal regulation of public utilities
221.450
Privilege tax on public utilities operating without franchise
221.460
Duration of franchises, privileges and permits
221.470
Removal of structures after expiration of grant or franchise
221.475
Territory annexed to city
221.485
Policy on vehicles for hire
221.495
Local regulation of vehicles for hire
221.505
Policy
221.510
Municipal regulation of telecommunications carriers
221.515
Privilege tax on telecommunications carriers
221.610
Disincorporation of cities
221.621
Disincorporation procedure
221.650
Property conveyed to county
221.655
Privilege tax on distribution utilities
221.720
Situs of cities
221.725
Sale of real property by city
221.727
Alternative procedure for sale of city-owned real property
221.729
Sale of city-owned real property to develop affordable housing
221.735
Continuation of collection service after incorporation
221.750
Right of cities to public areas not extinguished by adverse possession or statute of limitations
221.760
Prerequisites for cities in counties of over 100,000 population to receive revenues from cigarette, gas and liquor taxes
221.770
Revenue sharing to cities
221.785
Effect of challenge of validity of incorporation
221.862
“Historic ghost town” defined
221.867
Filling vacancies in city council of historic ghost town to form quorum
221.869
Preference for appointment to city council of historic ghost town
221.872
State shared revenues not available to historic ghost town
221.901
Cities organized under 1893 Act
221.902
City officers
221.903
Bond and oath of officers
221.904
Vacancies
221.905
Compensation of city officers
221.906
Election procedure generally
221.907
Eligibility for office
221.908
Council meetings
221.909
Council meetings
221.910
Council to judge qualifications of members
221.911
Rules on council’s granting franchise or payment of money
221.912
Procedures applicable to ordinances
221.913
Claims against cities
221.914
Prosecution for violation of ordinance
221.915
Nuisance defined
221.916
Powers of common council
221.917
Functions and duties of mayor
221.918
Duties of recorder
221.919
Powers and duties of marshal
221.920
Duties of treasurer
221.921
Interest of officers in city contracts
221.924
Authority to make public improvements
221.925
Tax deeds
221.926
Authority to enact ordinances
221.927
Approval or veto of ordinances
221.928
Record of ordinances
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