221.735 Continuation of collection service after incorporation; authority of city
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221.735 Continuation of collection service after incorporation; authority of city. When a city is incorporated after November 1, 1981:
(1)The city and the holder of any license, certificate or franchise for collection service within the city issued by a county under ORS 459.085 prior to incorporation may mutually agree on continued service within the city.
(2)When no agreement has been reached under subsection
(1)of this section, the service shall continue within the city under the same terms and conditions including, without limitation, renewal. The city may exercise all the rights granted to the county by ordinance or governing document including the right to suspend, modify or revoke the right to continue service based on inadequate service. The city may determine the types of, and rates for, services and may otherwise adopt regulations necessary to maintain the quality and extent of service and to protect against nuisances or hazards to health, safety or the environment.
(3)The right to continue service under subsection
(2)of this section is limited to two years from the date of incorporation. [1981 c.890 §10; 1993 c.560 §108]
Note: 221.735 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.