Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 221.415

Municipal rights of way; use by electric utilities; power of city to regulate and impose charges

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      221.415 Municipal rights of way; use by electric utilities; power of city to regulate and impose charges. Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS 221.420, 221.450 and 261.305 and this section to reaffirm the authority of cities to regulate use of municipally owned rights of way and to impose charges upon publicly owned suppliers of electrical energy, as well as privately owned suppliers for the use of such rights of way. [1987 c.245 §1]

 

      Note: 221.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      221.417 [1989 c.484 §3; repealed by 1999 c.1093 §21]

Notes of Decisions
Cited in 9 cases, 2001–2016 · leading case: Northwest Natural Gas Co. v. City of Gresham
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Northwest Natural Gas Co. v. City of Gresham (2016) or · cites it 12× “” In addition, ORS 221.415 provides: “Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS 221.”
SPRINGFIELD UTILITY BD. v. Emerald PUD (2005) or · cites it 5× “420 includes PUDs, the board also relies upon ORS 221.415, the legislative policy statement that accompanied the addition of the words "people's utility districts" to various provisions in ORS chapter 221 in 1987.”
Rogue Valley Sewer Services v. City of Phoenix (2015) or · cites it 3× “” ORS 221.415 (emphasis added). 3 That is, the legislature apparently thought that HB 3021 was not necessary to provide cities with authority to impose taxes and fees because they already possessed that authority.”
Rogue Valley Sewer Services v. City of Phoenix (2014) orctapp · cites it 3× “ORS 221.415, which was enacted as part of the same bill that amended ORS 221.”
Springfield Utility Board v. Emerald People's Utility District (2004) orctapp · cites it 3× “The legislature explained the reason for its action in section 1 of the session law, Oregon Laws 1987, chapter 245, section 1, which is now ORS 221.415: “Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the…”
At&T Communications of Pacific Northwest, Inc. v. City of Eugene (2001) orctapp “Likewise, ORS 221.415 expressly recognizes the “independent basis” of municipal authority to regulate the use of local rights-of-way and “reaffirm [s] the authority of cities to regulate use of municipally owned rights of way.”
Springfield Utility Board v. Emerald People's Utility District (2005) or · cites it 5× “420 includes PUDs, the board also relies upon ORS 221.415, the legislative policy statement that accompanied *646 the addition of the words “people’s utility districts” to various provisions in ORS chapter 221 in 1987.”
Northwest Natural Gas Co. v. City of Gresham (2016) or · cites it 12× “” In addition, ORS 221.415 provides: “Recognizing the independent basis of legislative authority granted to cities in this state by municipal char- ters, the Legislative Assembly intends by ORS 221.”
Rogue Valley Sewer Services v. City of Phoenix (2015) or · cites it 3× “” ORS 221.415 (emphasis added).3 That is, the leg- islature apparently thought that HB 3021 was not neces- sary to provide cities with authority to impose taxes and fees because they already possessed that authority.”
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