2007 ORS 457.095¹
Approval of plan by ordinance
  • required contents of ordinance
  • notice

The governing body of the 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 recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate 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. The ordinance shall include determinations and findings by the governing body that:

(1) Each urban renewal area is blighted;

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

(3) 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;

(4) 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;

(5) If acquisition of real property is provided for, that it is necessary;

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

(7) 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]

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

Chapter 457

Notes of Decisions

Provisions of this chapter creating urban renewal agencies, and pro­vi­sions of Housing Authorities Law, ORS 456.055 (General definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities), are parallel statutory schemes, and thus identical pro­vi­sions in the two acts will be given same effect. Housing Authority of Lane County v. Board of Commissioners, 35 Or App 785, 582 P2d 844 (1978), Sup Ct review denied

Atty. Gen. Opinions

Authority of urban renewal agency in selec­tion of projects and de­linea­tion of project boundaries, (1977) Vol 38, p 1062

1 Legislative Counsel Committee, CHAPTER 457—Urban Renewal, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­457.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 457, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­457ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.