ORS 457.095
Approval of plan by ordinance

  • required contents of ordinance
  • notice

(1)

The governing body of a municipality, upon receipt of a proposed urban renewal plan and report from the municipality’s urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission and taxing district recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance that incorporates the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135 (Conclusive presumption of plan validity), shall be published by the governing body of the municipality in accordance with ORS 457.115 (Manner of newspaper notice) no later than four days following the ordinance adoption.

(2)

The ordinance shall include determinations and findings by the governing body of the municipality that:

(a)

Each urban renewal area is blighted;

(b)

The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality;

(c)

The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes;

(d)

Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 (Definitions for ORS 35.500 to 35.530) to 35.530 (Federal law controls) and, except in the relocation of elderly individuals or individuals with disabilities, without displacing on priority lists persons already waiting for existing federally subsidized housing;

(e)

If acquisition of real property is provided for, it is necessary;

(f)

Adoption and carrying out of the urban renewal plan is economically sound and feasible; and

(g)

The municipality shall assume and complete any activities prescribed it by the urban renewal plan. [1979 c.621 §3; 1989 c.224 §121; 2007 c.70 §263; 2019 c.580 §6]

Source: Section 457.095 — Approval of plan by ordinance; required contents of ordinance; notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors457.­html.

Notes of Decisions

Even if territory of urban renewal plan is all located entirely within city’s corporate limits, this section requires approval of plan or substantial plan amendment by governing body of county in which territory is located, as well as approval of governing body of city. Dennehy v. City of Portland, 87 Or App 33, 740 P2d 806 (1987)

Where proposed amendment of city’s urban renewal plan affected particular property in single ownership, city’s decision to approve amendment was quasi-judicial rather than legislative, even though underlying proposal was not “bound to result in a decision,” if a decision was made and decision involved application of preexisting criteria to concrete facts and affected a closely circumscribed factual situation and a small number of individuals. Estate of Gold v. City of Portland, 87 Or App 45, 740 P2d 812 (1987), Sup Ct review denied

457.010
Definitions
457.020
Declaration of necessity and purpose
457.025
Powers supplemental to other laws
457.035
Urban renewal agencies
457.045
Election of method of exercise of urban renewal agency’s powers
457.055
Transfer of urban renewal agency powers
457.065
Advisory board for housing authority acting as urban renewal agency
457.075
Termination of urban renewal agency
457.085
Urban renewal plan requirements
457.087
Report required to accompany proposed urban renewal plan
457.089
Urban renewal plan and report to planning commission and affected taxing districts for recommendations before approval by municipality
457.095
Approval of plan by ordinance
457.105
Approval of plan by other municipalities
457.115
Manner of newspaper notice
457.120
When additional notice required
457.125
Recording of plan upon approval
457.135
Conclusive presumption of plan validity
457.160
Exceptions to plan requirements for disaster areas
457.170
Urban renewal agency’s powers in planning or undertaking an urban renewal project
457.180
Powers of urban renewal agencies in general
457.190
Acquisition of funds by urban renewal agency
457.210
Applicability of housing cooperation law to urban renewal projects
457.220
Plan amendment
457.230
Disposition of land in urban renewal project
457.240
Tax status of land leased under a plan
457.320
Municipal assistance under plan
457.420
Plan may provide for division of property taxes
457.430
Certification of assessed value of property in urban renewal area
457.435
Property tax collection methods for existing plans
457.437
Consultation with municipalities
457.440
Computation of amounts to be raised from property taxes
457.445
Consolidated billing tax rate
457.450
Notice to tax assessor
457.455
Limiting collections
457.460
Agency financial statement required
457.470
Modification of assessed value
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