Urban Renewal

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]

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 to 456.235, 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


Source

Last accessed
Jun. 26, 2021