Title 221 · ORS Chapter 221

221.106, 221.735 and this section for the performance of functions, services and activities by the district within the boundaries of the city. [1981 c.890 �1] ����� Note: 221.005 was enacted into

Citation: ORS 221.106

Section: 221.106

221.106, 221.735 and this section for the performance of functions, services and activities by the district within the boundaries of the city. [1981 c.890 �1]

����� Note: 221.005 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 Oregon Revised Statutes for further explanation.

����� 221.010 Definitions for ORS 221.020 to 221.100. As used in ORS 221.020 to 221.100, unless the context requires otherwise:

����� (1) �County court� means a county court or board of county commissioners.

����� (2) �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.

����� (3) �Population� means a city�s population as shown by the latest annual estimate made pursuant to ORS 190.520.

����� (4) �Urbanized area� means territory within three miles of a city. [Amended by 1965 c.579 �1; 1973 c.432 �1; 1983 c.83 �16]

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����� 221.030 [Amended by 1965 c.579 �2; 1973 c.432 �2; repealed by 1981 c.890 �2 (221.031 enacted in lieu of 221.030)]

����� 221.031 Petition to incorporate; filing; form; contents; approval by boundary commission. (1) 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:

����� (a) The county clerk of the county in which the proposed city lies; or

����� (b) If the proposed city lies in more than one county, the county clerk of the county in which the largest part of its territory lies.

����� (2) The county clerk shall immediately date and time stamp the prospective petition and shall authorize the circulation of the petition when the economic feasibility statement required by ORS 221.035 is filed with the county clerk. The county clerk shall retain the prospective petition and economic feasibility statement and shall immediately send two copies of the prospective petition to the appropriate county court.

����� (3)(a) A petition for incorporation filed with the county clerk under subsection (1) of this section shall designate the name and residence address of not more than three persons as chief petitioners, who shall be electors registered within the boundaries of the proposed city.

����� (b) The petition shall contain the name of the proposed city.

����� (c) The petition shall include a proposed permanent rate limit for operating taxes that would generate operating tax revenues sufficient to support an adequate level of municipal services. The tax rate limit shall be expressed in dollars per thousand dollars of assessed value. The tax rate limit shall be calculated for the latest tax year for which the assessed value of the proposed city is available.

����� (d) There shall be attached to the cover sheet of the petition a map indicating the exterior boundaries of the proposed city. The map shall not exceed 14 inches by 17 inches in size and shall be used in lieu of a metes and bounds or legal description of the proposed city.

����� (e) If the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission, the petition shall be accompanied by the economic feasibility analysis required under ORS 199.476 (1). Notwithstanding subsection (2) of this section, unless the economic feasibility analysis is approved by the local government boundary commission as provided in ORS