Oregon Statutes - Chapter 223 - Local Improvements and Works Generally

• 223.001   Definitions.
  As used in ORS 223.112 to 223.132, 223.205 to 223.295, 223.297 to 223.314, 223.317 to 223.327, 223.387 to 223.399, 223.405 to 223.485, 223.505 to 223.595,...
• 223.005   Condemnation for public use within and without city limits.
  Any incorporated city may: (1) Appropriate any private real property, water, watercourse and riparian rights to any public or municipal use or for the general...
• 223.010   Right of city to enter upon, survey, examine and select property to be condemned.
  For the purposes of ORS 223.005, a city may enter upon, survey and examine property in the manner provided by ORS 35.220 and may select...
• 223.015   Manner of condemnation; compensation.
  After selection of such rights and property under ORS 223.010 in such manner as the council provides, the city seeking to make the appropriation may...
• 223.020   Scope of condemnation.
  Appropriation of property under ORS 223.005 may extend beyond the corporate limits of the city to or along and including any lake, spring, stream or...
• 223.025   [Repealed by 1963 c.297 §1]
• 223.030   [Repealed by 1963 c.297 §1]
• 223.035   [Repealed by 1963 c.297 §1]
• 223.040   [Repealed by 1963 c.297 §1]
• 223.105   Proceedings to condemn property for city improvements when owner and city disagree on price.
  (1) The provisions of this section apply to every city, whether organized under general law or otherwise. (2) Whenever the council of any incorporated city...
• 223.110   [Repealed by 1971 c.741 §38]
• 223.112   Definitions for ORS 223.112 to 223.132.
  As used in ORS 223.112 to 223.132, unless the context requires otherwise: (1) “Council” means the city council or other controlling body of a city....
• 223.114   Economic improvement; assessment ordinance.
  (1) A council may enact an ordinance establishing a procedure to be followed by the city in making assessments for the cost of an economic...
• 223.115   [Repealed by 1971 c.741 §38]
• 223.117   Requirements of assessment ordinance.
  (1) An ordinance adopted under ORS 223.114, shall provide for enactment of an assessment ordinance that: (a) Describes the economic improvement project to be undertaken...
• 223.118   Remonstrance against assessment; exclusion of property.
  (1) In addition to the requirements listed in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of...
• 223.119   Advisory committee; functions.
  An ordinance adopted under ORS 223.114, may require creation, for each economic improvement district, of an advisory committee to allocate expenditure of moneys for economic...
• 223.120   [Repealed by 1971 c.741 §38]
• 223.122   Effect of urban renewal districts or local improvement districts.
  The existence of local improvement districts or urban renewal districts in a city does not affect the creation of economic improvement districts under ORS 223.112...
• 223.124   Extension of assessment period.
  When the council considers it necessary to levy assessments upon property in an economic improvement district for longer than the period of time specified in...
• 223.125   [Repealed by 1971 c.741 §38]
• 223.127   Application of certain assessment statutes to economic improvement districts.
  (1) ORS 223.387 and 223.391 to 223.395 apply to economic improvement districts created by a city in accordance with ORS 223.112 to 223.132. (2) The...
• 223.129   Expenditure of assessment revenues; liability for unauthorized expenditures.
  (1) A city council shall not expend any moneys derived from assessments levied under ORS 223.112 to 223.132 for any purpose different from the purpose...
• 223.130   [Repealed by 1971 c.741 §38]
• 223.132   Formation of economic improvement districts as additional power of cities.
  The authority granted to cities by ORS 223.112 to 223.132, is in addition to any other authority a city may have under state law, its...
• 223.135   [Repealed by 1971 c.741 §38]
• 223.140   [Repealed by 1971 c.741 §38]
• 223.141   Definitions for ORS 223.141 to 223.161.
  As used in ORS 223.141 to 223.161, unless the context requires otherwise: (1) “Business license fee” means any fee paid by a person to a...
• 223.144   Economic improvement district; business license ordinance.
  (1) A council, on its own motion or after receiving a petition for the formation of an economic improvement district signed by 33 percent or...
• 223.145   [Repealed by 1971 c.741 §38]
• 223.147   Requirements of business license fee ordinance.
  (1) An ordinance adopted under ORS 223.144, shall provide for enactment of a business license fee ordinance that: (a) Describes the economic improvement project to...
• 223.150   [Repealed by 1971 c.741 §38]
• 223.151   Advisory committee; functions.
  An ordinance adopted under ORS 223.144, may require creation, for each economic improvement district, of an advisory committee to develop a plan and to allocate...
• 223.154   Extension of business licensing period.
  When the council considers it necessary to impose business license fees upon persons conducting business in an economic improvement district for longer than the period...
• 223.155   [Repealed by 1971 c.741 §38]
• 223.157   Expenditure of business license revenues; liability for unauthorized expenditures.
  (1) A city council shall not expend any moneys derived from business license fees levied under ORS 223.141 to 223.161 for any purpose different from...
• 223.160   [Repealed by 1971 c.741 §38]
• 223.161   Effect of urban renewal districts or local improvement districts.
  (1) The existence of local improvement districts or urban renewal districts in a city does not affect the creation of economic improvement districts under ORS...
• 223.165   [Repealed by 1971 c.741 §38]
• 223.170   [Repealed by 1971 c.741 §38]
• 223.175   [Repealed by 1971 c.741 §38]
• 223.205   Scope and application; validation of bond issues by cities of 100,000 or more.
  (1) ORS 223.205 and 223.210 to 223.295 may be cited as the Bancroft Bonding Act. (2) The provisions of the Bancroft Bonding Act are not...
• 223.207   Purpose of ORS 223.208.
  The Legislative Assembly hereby declares that the purpose of ORS 223.208 and this section is to provide purchasers of homes or multifamily dwellings with Bancroft...
• 223.208   System development and connection charges of local government subject to Bancroft Act.
  (1) Subject to subsection (2) of this section, the rights and duties accorded local governments and the owners of property for financing and assessments under...
• 223.210   Right of property owners to apply for installment payment of assessment.
  (1) If the governing body of a local government has proceeded to cause any local improvement to be constructed or made within the corporate limits...
• 223.212   Right of educational, religious, fraternal or charitable organizations and public corporations to bond the assessment.
  Any educational, religious, fraternal or charitable organization or public corporation owning property assessed for its proportionate share of the cost of constructing a local improvement...
• 223.215   Contents of application to pay in installments; computation of installments.
  (1)(a) The installment application shall state that the applicant does thereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause the...
• 223.220   [Amended by 1957 c.103 §4; 1957 c.397 §2; 1975 c.642 §2; repealed by 1991 c.902 §121]
• 223.225   Record of application to be kept.
  The recorder of the local government shall: (1) Keep all applications filed under ORS 223.210 in convenient form for examination. The applications received for each...
• 223.230   Lien docket; interest; priority; public access.
  (1) After expiration of the time for filing application under ORS 223.210, the local government shall enter in a docket kept for that purpose, under...
• 223.235   Issuance of bonds; limitations.
  (1) When in any local government a bond lien docket is made up, as provided in ORS 223.230, as to the final assessments for any...
• 223.240   [Amended by 1959 c.653 §5; 1971 c.100 §2; 1975 c.320 §3; 1975 c.642 §3; repealed by 1991 c.902 §121]
• 223.245   Budget to include bond payments.
  The interest on the bonds and the amounts of the installments of maturing bonds shall be included in the annual budget of the issuing local...
• 223.250   [Amended by 1971 c.183 §1; 1975 c.642 §4; 1981 c.94 §11; 1983 c.349 §4; repealed by 1991 c.902 §121]
• 223.255   [Amended by 1957 c.103 §8; 1967 c.239 §2; 1983 c.349 §5; repealed by 1991 c.902 §121]
• 223.260   Sale of bonds; disposition of proceeds from bond sales.
  (1) The proceeds of any bonds or notes authorized to be issued under ORS 223.235 shall be paid by the purchaser to the treasurer of...
• 223.262   Assessment contracts; transfer of contract rights by local government; use of proceeds.
  (1) As used in ORS 223.205 and 223.210 to 223.295: (a) “Assessment contract” means the obligation to pay final assessments in installments that arise when...
• 223.265   Payment of installments; due dates.
  (1) The installments due and payable under an assessment contract shall be due and payable periodically as the governing body of the local government shall...
• 223.270   Procedure for collection on default.
  (1) If the owner neglects or refuses to pay installments under ORS 223.265 as they become due and payable for a period of one year,...
• 223.275   Notice to pay; receipts and entries on lien docket.
  The recorder of a local government shall, when installments and interest on any final assessment in the bond lien docket are due, make the proper...
• 223.280   Right of owner to prepay balance and discharge lien.
  At any time after issuance of bonds under ORS 223.235, any owner of a lot against which the final assessment is made and lien docketed...
• 223.285   Separate funds kept for moneys received; investments authorized.
  Any treasurer receiving any payments of final assessments or interest on unpaid installments by virtue of the Bancroft Bonding Act, shall account for the payments...
• 223.290   Payments entered on lien docket; lien discharge.
  Entries of payments of installments, interest and late payment penalties or charges, made under the Bancroft Bonding Act, shall be made in the lien docket...
• 223.295   Limit on city indebtedness.
  (1) A city may incur indebtedness in the form of general obligation bonds and general obligation interim financing notes pursuant to ORS 223.235 to an...
• 223.297   Policy.
  The purpose of ORS 223.297 to 223.314 is to provide a uniform framework for the imposition of system development charges by local governments, to provide...
• 223.299   Definitions for ORS 223.297 to 223.314.
  As used in ORS 223.297 to 223.314: (1)(a) “Capital improvement” means facilities or assets used for the following: (A) Water supply, treatment and distribution; (B)...
• 223.300   [Repealed by 1975 c.642 §26]
• 223.301   Certain system development charges and methodologies prohibited.
  (1) As used in this section, “employer” means any person who contracts to pay remuneration for, and secures the right to direct and control the...
• 223.302   System development charges; use of revenues; review procedures.
  (1) Local governments are authorized to establish system development charges, but the revenues produced therefrom must be expended only in accordance with ORS 223.297 to...
• 223.304   Determination of amount of system development charges; methodology; credit allowed against charge; limitation of action contesting methodology for imposing charge; notification request.
  (1)(a) Reimbursement fees must be established or modified by ordinance or resolution setting forth a methodology that is, when applicable, based on: (A) Ratemaking principles...
• 223.305   [Repealed by 1971 c.325 §1]
• 223.307   Authorized expenditure of system development charges.
  (1) Reimbursement fees may be spent only on capital improvements associated with the systems for which the fees are assessed including expenditures relating to repayment...
• 223.309   Preparation of plan for capital improvements financed by system development charges; modification.
  (1) Prior to the establishment of a system development charge by ordinance or resolution, a local government shall prepare a capital improvement plan, public facilities...
• 223.310   [Amended by 1957 c.397 §3; repealed by 1971 c.325 §1]
• 223.311   Deposit of system development charge revenues; annual accounting.
  (1) System development charge revenues must be deposited in accounts designated for such moneys. The local government shall provide an annual accounting, to be completed...
• 223.312   [1957 c.95 §4; repealed by 1971 c.325 §1]
• 223.313   Application of ORS 223.297 to 223.314.
  (1) ORS 223.297 to 223.314 shall apply only to system development charges in effect on or after July 1, 1991. (2) The provisions of ORS...
• 223.314   Establishment or modification of system development charge not a land use decision.
  The establishment, modification or implementation of a system development charge, or a plan or list adopted pursuant to ORS 223.309, or any modification of a...
• 223.315   [Repealed by 1971 c.325 §1]
• 223.317   Apportionment of special assessment among parcels in subsequent partition of tract.
  (1) Notwithstanding any other law, a local government may apportion a final assessment levied by it against a single tract or parcel of real property...
• 223.320   [Amended by 1957 c.397 §4; repealed by 1971 c.325 §1]
• 223.322   Prorate of unpaid installments.
  When a final assessment is being paid in installments under the Bancroft Bonding Act or ORS 450.897, if the final assessment is apportioned among smaller...
• 223.325   [Repealed by 1971 c.325 §1]
• 223.327   Procedure for equitable apportionment by ordinance or regulation.
  A local government that imposes final assessments shall adopt an ordinance or other regulations establishing procedures for the equitable apportionment of final assessments under ORS...
• 223.330   [Amended by 1969 c.531 §4; repealed by 1971 c.325 §1]
• 223.335   [Repealed by 1971 c.325 §1]
• 223.340   [Repealed by 1971 c.325 §1]
• 223.345   [Repealed by 1971 c.325 §1]
• 223.350   [Repealed by 1971 c.325 §1]
• 223.355   [Amended by 1969 c.531 §5; repealed by 1971 c.325 §1]
• 223.360   [Repealed by 1971 c.325 §1]
• 223.365   [Repealed by 1971 c.325 §1]
• 223.370   [Repealed by 1971 c.325 §1]
• 223.375   [Repealed by 1971 c.325 §1]
• 223.380   [Repealed by 1971 c.325 §1]
• 223.385   [Repealed by 1971 c.325 §1]
• 223.387   Description of real property; effect of error in name of owner.
  In levying, collecting and enforcing assessments for local improvement, the following shall apply: (1) Real property may be described by giving the subdivision according to...
• 223.389   Procedure in making local assessments for local improvements.
  (1) The governing body of a local government may prescribe by ordinance or resolution the procedure to be followed in making estimated assessments and final...
• 223.391   Notice of proposed assessment to owner of affected lot.
  If a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to...
• 223.393   Estimated and final assessments become liens.
  Estimated and final assessments shall become a lien upon the property assessed from and after the passage of the ordinance or resolution spreading the same...
• 223.395   Deficit assessments or refunds when initial assessment based on estimated cost.
  If the initial assessment has been made on the basis of estimated cost, and upon the completion of the work the cost is found to...
• 223.397   [1959 c.219 §§6,7; repealed by 1963 c.507 §1]
• 223.399   Powers of local government concerning assessments for local improvements.
  The governing body of a local government may impose additional procedural requirements. The procedural provisions of ORS 223.387 to 223.399 shall apply only where the...
• 223.401   Review of assessment.
  Notwithstanding any of the provisions of ORS 223.387 to 223.399, owners of any property against which an assessment for local improvements has been imposed may...
• 223.405   Definitions for ORS 223.405 to 223.485.
  As used in ORS 223.405 to 223.485, unless the context requires otherwise, “objection” includes remonstrances. [Amended by 1965 c.282 §5; 1991 c.902 §42]
• 223.410   Authority of governing body to make reassessment.
  Whenever all or part of any estimated or final assessment for local improvements was or is declared void or set aside for any reason or...
• 223.415   Basis for, amount and method of reassessment.
  The reassessment shall be based upon the special and peculiar benefit of the local improvement to the respective lots at the time of the original...
• 223.420   Effect of reassessment; exceptions.
  The reassessment when made shall become a charge upon the property upon which it is laid notwithstanding the omission, failure or neglect of any officer,...
• 223.425   Resolution to reassess.
  The proceedings required by the charter or other law for making of the original estimated or final assessment are not required with reference to the...
• 223.430   Publication of notice of reassessment; contents.
  After the proposed reassessment is filed in the office of the recorder, the recorder shall give notice thereof by not less than four successive publications...
• 223.435   Personal notice to each owner; right to file objections.
  The recorder shall, within five days after the date of first publication of the notice, mail or personally deliver to the owner of each lot...
• 223.440   Hearing on objections; revision of reassessment.
  At the time and place appointed in the notice the governing body shall hear and determine all objections filed under ORS 223.435. The governing body...
• 223.445   Reassessment ordinance or resolution.
  When the governing body has determined what in its judgment is a fair, just and reasonable reassessment, it shall pass an ordinance or resolution setting...
• 223.450   Lien docket entry; crediting prior payments.
  When the reassessment is duly made it shall be entered in the lien docket of the local government. All provisions for bonding and paying by...
• 223.455   Right of purchaser at sale under prior assessment.
  In cases where a sale was made under the original final assessment or any previous reassessment, with reference to such local improvement, and the property...
• 223.460   [Repealed by 1965 c.71 §1]
• 223.462   Review of reassessment.
  Notwithstanding any of the provisions of ORS 223.405 to 223.485, owners of any property against which a reassessment for local improvements has been imposed may...
• 223.465   [Repealed by 1965 c.71 §1]
• 223.470   [Repealed by 1965 c.71 §1]
• 223.475   [Repealed by 1965 c.71 §1]
• 223.480   [Repealed by 1965 c.71 §1]
• 223.485   Additional reassessment procedure; time limitation.
  (1) The authority granted in ORS 223.405 to 223.455 does not apply to any local government if the local government has provided a method of...
• 223.505   Definitions for ORS 223.505 to 223.595.
  As used in ORS 223.505 to 223.595, unless the context requires otherwise, “treasurer” means the officer designated by charter or ordinance of the local government...
• 223.510   Authority to sell property for delinquent liens and assessments.
  In addition to the method provided by law, ordinance or the charter of any local government for the sale of real property for delinquent liens...
• 223.515   Preparation, transmission and contents of delinquent list.
  If any installment on any lien bonded, as provided by law, ordinances or charter of the local government, is delinquent for a period of one...
• 223.520   Procedure in collecting delinquencies.
  Upon receipt of the list described in ORS 223.515, the treasurer shall proceed to collect the unpaid liens or final assessments named in the list...
• 223.523   Notice of sale; publication; personal notice to property owner and occupant.
  (1) Before a sale of real property under ORS 223.505 to 223.590 takes place, the treasurer shall have notice of the sale printed once a...
• 223.525   Conduct of foreclosure sale.
  Each piece or tract of land shall be sold, separately, and for a sum equal to but not exceeding the unpaid lien or final assessment...
• 223.530   Title of purchaser.
  A sale of real property under ORS 223.505 to 223.590 conveys to the purchaser, subject to redemption as provided in ORS 223.565 to 223.590, all...
• 223.535   Record of sales; receipts for lien payments.
  The treasurer shall enter into columns provided for that purpose in the list transmitted to the treasurer by the recorder the date of the sale,...
• 223.540   Payment of sale price.
  Real property when sold for or to satisfy a delinquent final assessment or lien, or both, must be sold for lawful money of the United...
• 223.545   Purchase by local government in absence of bids.
  If no bid is received for the sale of the property, the local government may purchase the property by bidding therefor the amount of the...
• 223.550   Certificate of sale; contents.
  The treasurer shall immediately, after having sold any real property upon the list described in ORS 223.515, make and deliver to the purchaser a certificate...
• 223.555   Lien docket entries mandatory.
  The treasurer shall, within three days after sale, return to the recorder the delinquent list, with all collections and sales noted thereon. The recorder shall...
• 223.560   Unsold property reoffered; exceptions.
  If any property remains unsold at the sale, it may, in the discretion of the recorder, again be offered for sale in like manner, but...
• 223.565   Procedure and conditions of redemption.
  (1) The owner, or legal representatives of the owner, or the successor in interest of the owner, or any person having a lien by judgment...
• 223.570   Execution and contents of deed to purchaser.
  After the expiration of one year from the date of the certificate of sale, if no redemption has been made, the treasurer shall execute to...
• 223.575   Legal and evidentiary effect of deed.
  The effect of the deed shall be to convey to the grantee therein named the legal and equitable title in fee simple, to the real...
• 223.580   Grantee of deed entitled to possession.
  The grantee named in the deed described in ORS 223.570 shall upon delivery thereof be entitled to the immediate possession of the real property therein
• 223.585   Time limitation on actions to recover sold property.
  Every action, suit or proceeding which may be commenced for the recovery of land sold by the treasurer for any final assessment or lien or...
• 223.590   Tender of purchase price in action to recover property.
  In any action, suit or proceeding referred to in ORS 223.585, whether before or after the issuance of the deed, the party claiming to be...
• 223.593   Alternate redemption procedure; cash payment required.
  (1) Notwithstanding ORS 223.565 and 223.650, when a local government sells real property under ORS 223.510 to 223.590 or pursuant to a judgment of foreclosure...
• 223.594   Lien for water service to certain real property through single water meter; owner as water user; foreclosure.
  (1) When water service is provided to a multifamily building with five or more units with a single water meter, the owner of the real...
• 223.595   Validation of prior foreclosure proceedings.
  All foreclosure proceedings had or taken prior to May 28, 1927, by any municipal corporation which substantially comply with the provisions of ORS 223.505 to...
• 223.605   Definition for ORS 223.605 to 223.650.
  As used in ORS 223.605 to 223.650, “liens” means liens, final assessments or installments of final assessments and includes any of those terms. [Amended by...
• 223.610   Foreclosure of certain liens by suits in equity.
  In addition to methods now provided by law, charters, ordinances or acts of incorporation for the foreclosure or collection of liens, any local government may...
• 223.615   Recovery of attorney fees in foreclosure proceeding.
  In any action authorized by ORS 223.610, the court may award reasonable attorney fees to the local government bringing the action if the local government...
• 223.620   Laws applicable to foreclosure proceedings.
  Suits authorized by ORS 223.610 shall be governed by ORS 88.010 to 88.100 and 93.760 and by all other laws relating to suits in equity...
• 223.625   Liens which may be included in foreclosure suit.
  In any suit authorized by ORS 223.610, the local government may include any number of lots upon which it has delinquent liens though the liens...
• 223.630   Joinder of parties in interest as defendants.
  In any suit authorized by ORS 223.610, the record owner and all persons and corporations claiming some right, title, lien or interest in and to...
• 223.635   Complaint served on owner; issues tried separately.
  In addition to the service of summons, each record owner of a lot involved in the foreclosure suit shall be served with complaint in the...
• 223.640   Allegations of jurisdictional facts.
  In any suit authorized by ORS 223.610, it shall be a sufficient allegation of jurisdictional facts authorizing the local government to make and levy any...
• 223.645   Right of local government to bid at execution sale.
  The local government may bid at the sale on execution of the property involved in the foreclosure suit any amount not exceeding the sum found...
• 223.650   Redemption; no deficiency judgment.
  The time and manner for redemption of property from sales on execution in suits authorized by ORS 223.610 shall be the same as provided by...
• 223.670   [1985 c.656 §2; 1991 c.902 §76; renumbered 223.593 in 1991]
• 223.705   Rebonding of unpaid assessments.
  Subject to the prior approval of the governing body of the local government, the owner of any property assessed for local improvements under state law...
• 223.710   Rebonding application; form; prerequisites.
  (1) The applications for rebonding shall be in the same form and preserved as original bonding applications. The officer charged with keeping the records of...
• 223.715   Payment of rebonded assessment.
  The amount of the assessment to be rebonded shall constitute a new principal and shall be paid in such number of equal periodic installments as...
• 223.720   Amount of lien; priority.
  The amount of the unpaid rebonded assessments entered in the rebonding assessment docket, with interest on unpaid rebonded assessments at the rate per annum determined...
• 223.725   Issuance and sale of bonds.
  Each local government may, by ordinance or resolution of its governing body from time to time, issue and sell pursuant to rebonding applications, bonds of...
• 223.730   Application of proceeds from sale of bonds.
  The proceeds from the sale of bonds issued under ORS 223.725 shall be applied as follows: (1) The amount provided under ORS 223.705 to be...
• 223.735   Debt limitation of local government not applicable.
  The bonds and the amount thereof authorized pursuant to ORS 223.705 shall not be counted in calculating the limited indebtedness of any local government, fixed...
• 223.740   General provisions applicable.
  Except as otherwise provided in ORS 223.705 to 223.750, the provisions of ORS 223.205 and 223.210 to 223.295 or any charter shall apply to the...
• 223.745   Scope of power granted.
  The power granted by ORS 223.705 to 223.750 is vested in each local government and is self-operating therein without further necessity of enacting charter or...
• 223.750   Enactment of rulemaking ordinances; effect of irregularities.
  (1) Each local government, through its governing body, may provide, by such ordinances, rules and regulations as may be needed, for accepting rebonding applications, issuing...
• 223.755   Reinstatement of delinquent bonded assessments authorized.
  (1) As used in this section, “bonded assessment” means any assessment for a local improvement levied by any local government where application to pay such...
• 223.760   H.O.L.C. bonds accepted in payment of assessment liens.
  The governing body of any incorporated city may by ordinance provide that any or all special assessments levied against any tract or part thereof within...
• 223.765   Bonds accepted as payment for assessment liens.
  Any local government may, by ordinance duly passed by its governing body, authorize the acceptance by such local government of the general obligation bonds or...
• 223.770   Assessment of public property benefited by improvements.
  (1) Whenever all or any part of the cost of public improvements made by any local government is to be assessed to the property benefited...
• 223.775   Assessment of property of cemetery authority benefited by certain improvements.
  (1) As used in subsections (2) to (5) of this section: (a) “Cemetery authority” means a nonprofit cemetery or crematory corporation. (b) “Sale” includes a...
• 223.785   [1969 c.505 §1; 1983 c.349 §7; 1983 c.713 §1; repealed by 1991 c.902 §121]
• 223.805   Short title of ORS 223.805 to 223.845.
  ORS 223.805 to 223.845 shall be known as the Motor Vehicle Parking Facilities Act.
• 223.810   Establishment of motor vehicle parking facilities.
  Any incorporated city may establish one or more off-street motor vehicle parking facilities for the general use and benefit of the people of the city,...
• 223.815   Acquisition of property for parking facilities.
  For the purposes of ORS 223.810, a city may acquire property at or below the surface of the earth, by purchase, condemnation, exchange or other...
• 223.820   Planning, constructing and contracting for the operation of or leasing parking facilities.
  For the purposes of ORS 223.810, a city may: (1) Plan, design and locate the parking facilities. (2) Construct, alter, enlarge, repair and maintain buildings,...
• 223.825   Financing of parking facilities.
  For the purposes of ORS 223.810, a city may finance the parking facilities by any one or any combination of the following methods: (1) General...
• 223.830   Service concessions in parking facilities.
  For the purposes of ORS 223.810, a city may rent or lease to any individual, firm or corporation any portion of the premises established as...
• 223.835   Fees and regulations of parking facilities.
  For the purposes of ORS 223.810, a city may: (1) Charge such fees as the legislative authority of the city finds fair and reasonable for...
• 223.840   Disposing of property acquired for parking facilities.
  For the purposes of ORS 223.810, a city may sell, encumber, lease, exchange or otherwise dispose of property and property rights acquired as may be...
• 223.845   Limitation on operation of parking facilities; use of revenues after issuance of revenue bonds; excess revenues.
  (1) If a city establishes an off-street motor vehicle parking facility under ORS 223.810, the city may operate the off-street motor vehicle parking facility or...
• 223.849   [1957 c.430 §1; repealed by 1959 c.653 §12]
• 223.850   [Renumbered 223.880]
• 223.851   Special assessment for street lighting, street maintenance and street cleaning; approval by electors.
  When authorized at any properly called election, the governing body of a city may assess, levy and collect annual assessments upon any real property within...
• 223.852   [1957 c.430 §2; repealed by 1959 c.653 §12]
• 223.854   [1957 c.430 §3 repealed by 1959 c.653 §12]
• 223.855   [Renumbered 223.882]
• 223.856   Measure imposing assessments; contents.
  (1) A measure authorizing assessments under ORS 223.851 to 223.876 shall specify the services proposed to be financed by the assessments, the maximum amount that...
• 223.857   [1957 c.430 §4; repealed by 1959 c.653 §12]
• 223.859   [1957 c.430 §5; repealed by 1959 c.653 §12]
• 223.860   [Renumbered 223.884]
• 223.861   Basis of assessment.
  Assessments shall be based upon any reasonable basis of assessment related to services received by the assessed property for the period specified in the measure....
• 223.862   [1957 c.430 §6; repealed by 1959 c.653 §12]
• 223.864   [1957 c.430 §7; repealed by 1959 c.653 §12]
• 223.865   [Renumbered 223.886]
• 223.866   Levy of assessment; manner of collection; effect of nonpayment.
  (1) The city each year shall estimate assessments needed and the amount of assessment for each tax account, and the amount thereof may be levied...
• 223.867   [1957 c.430 §8; repealed by 1959 c.653 §12]
• 223.869   [1957 c.430 §9; repealed by 1959 c.653 §12]
• 223.870   [Renumbered 223.888]
• 223.871   [1983 c.234 §6; repealed by 1991 c.902 §121]
• 223.872   [1957 c.430 §10; repealed by 1959 c.653 §12]
• 223.874   [1957 c.430 §11; repealed by 1959 c.653 §12]
• 223.875   [Renumbered 223.900]
• 223.876   Charter authority not affected.
  ORS 223.851 to 223.876 are in addition to and not a limitation on authority a city may exercise under its charter. [1983 c.234 §7]
• 223.877   [1957 c.430 §12; repealed by 1959 c.653 §12]
• 223.878   Inclusion of property outside city in city assessment for local street improvement.
  (1) The governing body of a city may include property located outside the city as part of the property to be improved or to be...
• 223.879   [1957 c.430 §13; repealed by 1959 c.653 §12]
• 223.880   Public roads included in sidewalk improvement district; assessment on property benefited.
  Any incorporated city, in addition to powers granted by law or charter, may include in any sidewalk improvement district within the city all county roads...
• 223.882   Acquisition of property by city to aid water commerce.
  In order to secure benefit from the United States Bonneville electrical and navigation project, all cities may purchase, acquire by condemnation, or lease, real property...
• 223.884   Authority to take property within and without city limits.
  In carrying out the powers granted by ORS 223.882, cities are granted the right of eminent domain and the right to take private property for...
• 223.886   Loans authorized to finance improvements; security for loans; consent of electors.
  In carrying out the powers conferred by ORS 223.882, the city may borrow money from any person, corporation or agency of the United States Government...
• 223.888   Authority of city to carry out law.
  In the execution of powers conferred by ORS 223.882 to 223.886, a city may act through its council, commission of public docks, or other administrative...
• 223.900   Leasing property to individuals.
  In leasing or renting any part or portion of the real property acquired pursuant to the authority of ORS 223.882 to any individual or corporation,...
• 223.905   [Repealed by 2007 c.783 §234]
• 223.910   [Repealed by 2007 c.783 §234]
• 223.915   [Repealed by 2007 c.783 §234]
• 223.920   [Repealed by 2007 c.783 §234]
• 223.925   [Repealed by 2007 c.783 §234]
• 223.930   Streets along city boundaries or partly within and without city.
  (1) Any city may construct, improve, maintain and repair any street the roadway of which, as defined in the Oregon Vehicle Code, is along or...
• 223.935   Basis for legalization of road.
  A city governing body may initiate proceedings to legalize a city road within the city under ORS 223.935 to 223.950 if any of the following...
• 223.940   Proceedings for legalization of roads; report; notice.
  (1) If proceedings for legalization of a road are initiated under ORS 223.935, the city governing body shall: (a) Cause the road to be surveyed...
• 223.945   Compensation for property affected by road legalization.
  (1) A city governing body shall provide for compensation under this section to any person who has established a structure on real property if the...
• 223.950   Order under road legalization proceeding.
  (1) After considering matters presented in a proceeding to legalize a road under ORS 223.935 to 223.950, a city governing body shall determine whether legalization...

Last modified: August 7, 2008