to respond to these changes by establishing a uniform base for

759.219 to respond to these changes by establishing a uniform base for municipal charges for street use by telecommunications carriers. [1989 c.484 �1; 1999 c.1093 �8]

����� 221.510 Municipal regulation of telecommunications carriers. (1) As used in this section:

����� (a) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

����� (b) �Commission� means the Public Utility Commission of Oregon.

����� (c) �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.

����� (d) �Municipality� means any town, municipality or other municipal government wherein property of the telecommunications carrier is located.

����� (e) �Service� is used in its broadest and most inclusive sense and includes equipment and facilities.

����� (2) Every municipality may:

����� (a) Determine by contract, or prescribe by ordinance or otherwise, the terms and conditions, including payment of a privilege tax to the extent authorized by ORS 221.515 and other charges and fees, upon which any telecommunications carrier may be permitted to occupy the streets, highways or other public property within such municipality and exclude or eject any telecommunications carrier therefrom.

����� (b) Require any telecommunications carrier, by ordinance or otherwise, to make such modifications, additions and extensions to its physical equipment, facilities or plant or service within such municipality as shall be reasonable or necessary in the interest of the public, and designate the location and nature of all additions and extensions, the time within which they must be completed and all conditions under which they must be constructed.

����� (c) Provide for a penalty for noncompliance with the provisions of any charter provision, ordinance or resolution adopted by the municipality in furtherance of the powers specified in this subsection. [1989 c.484 �4; 1999 c.1093 �9]

����� 221.515 Privilege tax on telecommunications carriers; maximum rate; deduction of additional fees. (1) 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 an amount which may not exceed seven percent of the gross revenues of the telecommunications carrier currently earned within the boundaries of the municipality. The privilege tax authorized in this section shall be for each year, or part of each year, that such telecommunications carrier operates within the municipality.

����� (2) As used in this section, �gross revenues� means those revenues derived from exchange access services, as defined in ORS 403.105, less net uncollectibles from such revenues.

����� (3) A telecommunications carrier paying the privilege tax authorized by this section shall not be required to pay any additional fee, compensation or consideration, including the free use or construction of telecommunications facilities and equipment, to the municipality for its use of public streets, alleys, or highways, or all of them, and shall not be required to pay any additional tax or fee on the gross revenues that are the measure of the privilege tax. As used in this subsection, �use� includes, but is not limited to, street openings, construction and maintenance of fixtures or facilities by telecommunications carriers. As used in this subsection, �additional fee, compensation or consideration� does not include commissions paid for siting public telephones on municipal property. To the extent that separate fees are imposed by the municipality on telecommunications carriers for street openings, construction, inspection or maintenance of fixtures or facilities, such fees may be deducted from the privilege tax authorized by this section. However, telecommunications carriers shall not deduct charges and penalties imposed by the municipality for noncompliance with charter provisions, ordinances, resolutions or permit conditions from the privilege tax authorized by this section.

����� (4) For purposes of this section, �telecommunications carrier� has the meaning given that term in ORS 133.721. [1989 c.484 �5; 1999 c.1093 �10]

DISINCORPORATION

����� 221.610 Disincorporation of cities; effective date. Any city not liable for any debt or other obligation, may surrender its charter, disincorporate and cease to exist if a majority of the electors of the city authorize the surrender and disincorporation as provided in ORS 221.621 and 221.650. The surrender and disincorporation shall become effective 60 days after the city has authorized surrender and disincorporation. [Amended by 1983 c.350 �25]

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

����� 221.621 Disincorporation procedure; petition; election. (1) 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.

����� (2) The requirements for preparing, circulating and filing a petition and calling an election under this section shall be as provided for an initiative measure under ORS 250.265 to 250.346, except that notwithstanding ORS 250.325, the governing body of the city shall not consider adoption or rejection of the measure before submitting it to the electors.

����� (3) Notwithstanding subsection (2) of this section, if ORS 250.255 makes ORS