Incorporation as Village -vs- Inc as Township. Where can I find requirements for each?

Question

The State is Oregon. Our community is under threat of being swallowed by the neighboring township, which has a corrupt government. We are forming a citizen's group to find a way to stop it.

We need to know the requirements and first steps to take. Our local lawyers are of no help, so we have to seek outside help, but don't know who to contact (what kind of lawyer)

Answer 1

The relevant ORS (Oregon Revised Statues) for newly incorporated cities are ORS 199.476, 221.031, 221.040, 221.061, 221.106, and 221.735.

Accordingly, the place to start the process of incorporating is found in 221.031 and it says:
"Before circulating a petition to incorporate unincorporated territory as a city, the petitioners shall file with the county clerk of the county in which the proposed city lies or, should it lie in more than one county, to the county clerk of the county in which the largest part of its territory lies, a petition for incorporation in a form prescribed by rule of the Secretary of State. If the economic feasibility statement required by ORS 221.035 is submitted with the petition, the county clerk shall immediately date and time stamp the prospective petition and shall authorize the circulation of the petition. The county clerk shall retain the prospective petition and economic feasibility statement and shall immediately send two copies of the prospective petition to the appropriate county court."

So I guess your first task is to determine if your community has the financial resources to become an independent entity. Part of this would be the ability to handle the financial cost of the infrastructure of the community (water, waste water treatment, roads, sidewalks and street lights) as well as the overhead of the legal needs of the comminity, a city manager, etc. To do this you need some sort of revenue - for example, mills, factories or other businesses that will support the city coffers. If your area isn't just a community store with a few houses around it, you may be able to incorporate. If it a bedroom community outside an existing town, you may find that no one can incorporate you if you aren't already a part of their urban growth boundary. Oregon land use laws are very strick on what can or can't be added to an existing city.

Hope this helps. If you can answer these questions you are ready to find an attorney to help you. Because before the attorney can help, you will have to find the answers to these questions for them to continue.

Answer 2

I will recommend a friend of a friend: Andrew Scott Chilton, of Portland. I do not have a current address or phone number, but you can track him down through the bar association. I do not know whether he handles the kind of law you need, but he could probably recommend someone.