ORS 225.020
Ownership and operation of utilities by city within and without city limits


(1)

When the power to do so is conferred by or contained in its charter or act of incorporation, any city may build, own, operate and maintain waterworks, water systems, railways and railroads, electric light and power plants, within and without its boundaries for the benefit and use of its inhabitants and for profit. To that end it may:

(a)

Acquire water systems and use, sell and dispose of its water for domestic, recreational, industrial, and public use and for irrigation and other purposes within and without its boundaries.

(b)

Build, acquire, own and operate railways operated by steam, electric or other power within and without its boundaries and running from such city to other towns, cities and points without its boundaries.

(c)

Acquire right of way, easements or real property within and without its boundaries for any such purpose.

(2)

In exercising such powers, any city may bring actions for the condemnation or taking of private property for public use in the same manner as private corporations are now authorized or permitted by law to do. [Amended by 1967 c.306 §1]

Source: Section 225.020 — Ownership and operation of utilities by city within and without city limits, https://www.­oregonlegislature.­gov/bills_laws/ors/ors225.­html.

Notes of Decisions

This statute and ORS 225.030 should be construed together. Bell v. City of Corvallis, 25 Or App 821, 551 P2d 125 (1976)

The words “and for profit” should be taken as a broadening of a city’s authority to facilitate the furnishing of water to outside areas. Bell v. City of Corvallis, 25 Or App 821, 551 P2d 125 (1976)

City’s purchase of water company whose facilities and service area were adjacent to but outside city limits was valid where authorized by city charter pursuant to this section. Kassel v. City of Salem, 34 Or App 739, 579 P2d 874 (1978)

Attorney General Opinions

Municipal ownership and purchase of a franchised utility, (1973) Vol 36, p 521

Law Review Citations

54 OLR 546 (1975)

225.010
Definition of “city.”
225.020
Ownership and operation of utilities by city within and without city limits
225.030
Utility may provide services within or without city limits
225.040
Validation of prior municipal contracts
225.050
Joint construction, ownership and operation of waterworks
225.060
Several or joint ownership, operation and financing of municipal utilities in another state
225.070
Use of surplus city waters for federal military purposes
225.080
Financing costs of municipal waterworks or water system
225.085
Klamath Cogeneration Project
225.110
Ownership and operation of telephone system by city within or without city limits
225.120
Interconnections
225.130
Right to acquire property
225.140
Condemnation of private property for telephone system
225.150
Compensation
225.160
Alternate condemnation proceeding
225.210
Compliance with rate statutes
225.220
Enforcement of statutory requirements
225.230
Rates set in accordance with estimates of annual expenses
225.240
Sole authority to set rates
225.250
Application of earnings
225.260
Use of proceeds of bond issues
225.270
Use of surplus revenue
225.280
Warrants on future income
225.290
Right to acquire use of unappropriated state waters
225.300
Filing for use of unappropriated state waters
225.310
Definitions for ORS 225.310 to 225.400
225.320
Ownership and operation of irrigation and fire protection facilities by city within or without city limits
225.330
Acquisition of property for facilities
225.340
Establishing rates
225.350
Recovery of service charges
225.360
Approval, issuance, payment of bonds
225.370
Terms of bonds
225.380
Application of debt limitations
225.390
Preparation and examination of plans
225.400
Scope of municipal authority
225.450
Definitions for ORS 225.450 to 225.490
225.460
Policy
225.470
Authority of city to acquire interest in power facilities
225.480
City liability
225.490
Use of municipal money or property
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