(2) ORS chapters 246 to 260 govern the conduct of an election under this section, including the nomination and election of the first city council, except as follows:
(a) A nominating or primary election for the purpose of nominating candidates for the city council shall not be held.
(b) Notwithstanding ORS 249.037, a nominating petition or declaration of candidacy must be filed with the county clerk not sooner than the 100th day and not later than the 70th day before the date of the election.
(c) At the time of filing a declaration of candidacy, a candidate for the first city council shall pay to the officer with whom the declaration is filed a fee of $25.
(d) A nominating petition shall contain at least 25 signatures of electors in the area proposed to be incorporated or a number of signatures of electors equal to at least 10 percent of the number of electors in the area proposed to be incorporated as of the date the election is ordered under ORS 221.040, whichever is less.
(3) The proposed ballot title for an election under this section shall be in compliance with ORS 250.036.
(4) Not later than the 30th day after an election called under ORS 221.040 the county court calling the election shall proclaim whether the results of the election favor incorporation. The county court also shall proclaim which candidates for city council are elected, if the results of the election favor incorporation. The results of the election favor incorporation if a majority of the votes cast on the proposition favors incorporation and:
(a) At least 50 percent of registered electors eligible to vote in the election cast a ballot; or
(b) The election is held in May or November of any year.
(5) If the results of the election favor incorporation:
(a) The area described in the notice of election is incorporated as a city from the date of the election;
(b) The proposed rate limit for operating taxes submitted to and approved by the electors at the election shall be the permanent rate limit for operating taxes for the new city; and
(c) The five council members elected under subsection (2) of this section shall take office not later than the 10th day next following the proclamation on the proposition and council election. [Amended by 1953 c.593 §3; 1983 c.350 §18; 1987 c.707 §4; 1987 c.267 §66; 1989 c.92 §§31,31b; 1995 c.607 §64; 1997 c.541 §354; 2010 c.29 §12]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 221 - Organization and Government of Cities
Section 221.005 - Legislative findings; policy.
Section 221.010 - Definitions for ORS 221.020 to 221.100.
Section 221.031 - Petition to incorporate; filing; form; contents; approval by boundary commission.
Section 221.032 - Annexation during pendency of incorporation.
Section 221.034 - Incorporation of rural unincorporated community and contiguous lands.
Section 221.035 - Economic feasibility statement; contents.
Section 221.050 - Incorporation election; election of first city council; proclamation of results.
Section 221.061 - Election expenses.
Section 221.090 - Terms of office of first city council.
Section 221.106 - Prohibitions related to signing of incorporation petition; violation.
Section 221.120 - City council; terms; vacancies; powers; meetings.
Section 221.130 - Mayor; term; functions.
Section 221.142 - Qualifications for municipal judges; extensions.
Section 221.145 - Basing compensation of city officers upon fines prohibited.
Section 221.180 - Procedure for nomination of candidates for city offices.
Section 221.230 - Election dates; emergency elections.
Section 221.240 - Disclosure to city auditor of legally protected material.
Section 221.275 - Definitions for ORS 221.275 to 221.290.
Section 221.277 - Violation of city parking ordinance; affirmative defense.
Section 221.287 - Recovery of fine from renter or lessee of vehicle.
Section 221.295 - Ordinances regulating placement or height of radio antennas.
Section 221.310 - Effective date of ordinances, resolutions and franchises; emergency measures.
Section 221.315 - Enforcement of charter provisions and ordinances; disposition of fines.
Section 221.339 - Jurisdiction of municipal court; prosecutions by city attorney.
Section 221.342 - Method by which municipal court becomes court of record.
Section 221.343 - Method by which municipal court ceases to operate as court of record.
Section 221.344 - Registration of municipal court; effect of registration.
Section 221.346 - Enforcement of judgments of municipal court.
Section 221.352 - Municipal court docket.
Section 221.354 - Trial by jury in criminal cases.
Section 221.357 - Provision of judicial services to city by circuit court.
Section 221.358 - Audio recording or reporting of municipal court proceedings.
Section 221.359 - Appeals from conviction in municipal court.
Section 221.390 - Trial, procedure and sentence in circuit court on appeal from municipal court.
Section 221.410 - Power of city to control local affairs; limitation of floating indebtedness.
Section 221.420 - Municipal regulation of public utilities.
Section 221.470 - Removal of structures after expiration of grant or franchise.
Section 221.475 - Territory annexed to city; limitation on electric service by municipal utility.
Section 221.495 - Local regulation of vehicles for hire.
Section 221.510 - Municipal regulation of telecommunications carriers.
Section 221.621 - Disincorporation procedure; petition; election.
Section 221.720 - Situs of cities; jurisdiction of cities coextensive with boundaries.
Section 221.725 - Sale of real property by city; publication of notice; public hearing.
Section 221.735 - Continuation of collection service after incorporation; authority of city.
Section 221.770 - Revenue sharing to cities; conditions for distribution; apportionment formula.
Section 221.785 - Effect of challenge of validity of incorporation.
Section 221.862 - "Historic ghost town" defined.
Section 221.867 - Filling vacancies in city council of historic ghost town to form quorum.
Section 221.869 - Preference for appointment to city council of historic ghost town.
Section 221.872 - State shared revenues not available to historic ghost town.
Section 221.902 - City officers; elective; appointive; terms.
Section 221.913 - Claims against cities; how presented and paid.