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, shall be published by the governing body of the municipality in
accordance with ORS 457.115 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 to 35.530 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]
457.100 [Amended by 1979 c.621 §12;
renumbered 457.065]
Notes of Decisions
Dennehy v. City of Portland, 740 P.2d 806 (Or. Ct. App. 1987).
· cites it 24× “085(6) provides: "No urban renewal plan shall be carried out until the plan has been approved by the governing body of each municipality in which any portion of the area of the urban renewal plan is situated pursuant to ORS 457.095 and 457.105." ORS 457.095 provides, as…”
Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022).
· cites it 8× “220 (“[A]n urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095.”); ORS 457.170 (providing that an urban renewal agency “may plan or undertake any urban renewal project to carry out an approved urban renewal plan” and setting out the powers an…”
Est. of Gold v. City of Portland, 740 P.2d 812 (Or. Ct. App. 1987).
· cites it 8× “[2] The city's decision was made pursuant to ORS Chapter 457 and, in particular, ORS 457.095: "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…”
Umrein v. Topaz, 658 P.2d 568 (Or. Ct. App. 1983).
“055); the approval of and “substantial” amendments to an urban renewal plan must be adopted by the municipality’s governing body (ORS 457.095, 457.220); and the municipal governing body has ultimate authority to terminate an agency for which it finds there is no remaining need…”
— Or. Rev. Stat. § 457.095(1) — 2 cases
Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022).
“220 (“[A]n urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095.”); ORS 457.170 (providing that an urban renewal agency “may plan or undertake any urban renewal project to carry out an approved urban renewal plan” and setting out the powers an…”
— Or. Rev. Stat. § 457.095(2) — 1 case
Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022).
“220 (“[A]n urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095.”); ORS 457.170 (providing that an urban renewal agency “may plan or undertake any urban renewal project to carry out an approved urban renewal plan” and setting out the powers an…”
— Or. Rev. Stat. § 457.095(2)(g) — 1 case
Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022).
“220 (“[A]n urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095.”); ORS 457.170 (providing that an urban renewal agency “may plan or undertake any urban renewal project to carry out an approved urban renewal plan” and setting out the powers an…”
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