2017 ORS 376.825¹
Improvements on mall
  • payment of costs

(1) The city and its legislative body shall have the power to improve a pedestrian mall as provided in ORS 376.720 (Powers of city with respect to pedestrian mall) (1)(d), and for the accomplishment, in whole or in part, of that purpose may use ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) or any similar special assessment law. Any work or improvement permitted by such statutes shall be deemed to be work or improvement permitted to be done under any such Act or law. The city may also pay the whole or any part of the cost and expenses of improving a pedestrian mall from its general funds or from any other available money and may let contracts for the work in any manner permitted by law or charter.

(2) A pedestrian mall established or to be established pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) may be so improved either concurrently with the proceedings taken under ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) for the establishment of the pedestrian mall or at any time subsequent to the establishment of the city mall, but no contract for the work or improvement shall be awarded until moneys have been fully provided for the payment of all claims allowed pursuant to ORS 376.770 (Allowing claims for damages) and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant hereof. If in connection with the establishment of a pedestrian mall and concurrently with the proceedings taken pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall), the legislative body proposes to improve the proposed pedestrian mall and for that purpose uses ORS 223.005 (Appropriation and condemnation for public use within and without city limits) to 223.105 (Proceedings to condemn property for city improvements when owner and city disagree on price) and 223.205 (Scope and application) to 223.930 (Streets along city boundaries or partly within and without city) or any similar special assessment law, the legislative body may combine any part of the proceedings taken pursuant to ORS 376.705 (Definitions for ORS 376.705 to 376.825) to 376.825 (Improvements on mall) with any part of the proceedings taken under any such special assessment law, to the end that duplication of ordinances, resolutions, notices, hearings and other acts or proceedings may be avoided. [1961 c.666 §§35,36]

Atty. Gen. Opinions

Applica­tion of Ballot Measure 47 (Oregon Constitu­tion Article XI, sec­tion 11 g) to issuance of bonds for specific local improve­ments, (1996) Vol 48, p 67

1 Legislative Counsel Committee, CHAPTER 376—Ways of Necessity; Special Ways; Pedestrian Malls, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors376.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 376, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano376.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.