2007 Oregon Code - Chapter 457 :: Chapter 457 - Urban Renewal
Chapter 457 —
Urban Renewal
2007 EDITION
URBAN RENEWAL
PUBLIC HEALTH AND SAFETY
GENERAL PROVISIONS
457.010Â Â Â Â Definitions
457.020Â Â Â Â Declaration
of necessity and purpose
457.025Â Â Â Â Powers
supplemental to other laws
URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES
457.035Â Â Â Â Urban
renewal agencies; creation; ordinance to exercise powers; jurisdiction
457.045Â Â Â Â Election
of method of exercise of urban renewal agencyÂ’s powers
457.055Â Â Â Â Transfer
of agency powers
457.065Â Â Â Â Advisory
board for housing authority acting as urban renewal agency
457.075Â Â Â Â Termination
of urban renewal agency
457.085Â Â Â Â Urban
renewal plan requirements; accompanying report; contents; approval required
457.095Â Â Â Â Approval
of plan by ordinance; required contents of ordinance; notice
457.105Â Â Â Â Approval
of plan by other municipalities
457.115Â Â Â Â Manner
of newspaper notice
457.120Â Â Â Â When
additional notice required; to whom sent; content; notice by publication
457.125Â Â Â Â Recording
of plan upon approval
457.135Â Â Â Â Conclusive
presumption of plan validity
457.160Â Â Â Â Exception
to plan requirements for disaster areas
457.170Â Â Â Â Urban
renewal agencyÂ’s powers in planning or undertaking an urban renewal project
457.180Â Â Â Â Powers
of urban renewal agencies in general
457.190Â Â Â Â Acquisition
of funds by urban renewal agency; maximum amount of indebtedness
Note         Bonded
indebtedness if project agreed to prior to September 29, 1991--1991 c.459 §335e
457.210Â Â Â Â Applicability
of housing cooperation law to urban renewal projects; delegation of powers and
functions
457.220Â Â Â Â Plan
amendment; limit on additional land
457.230Â Â Â Â Disposition
of land in urban renewal project; determination of value; obligations of
purchaser or lessee; recordation
457.240Â Â Â Â Tax
status of land leased under an urban renewal plan
457.320Â Â Â Â Municipal
assistance under plan; assumption by agency of general obligation bond payments
of municipality
TAX INCREMENT FINANCING OF URBAN RENEWAL
INDEBTEDNESS
457.420Â Â Â Â Plan
may provide for division of property taxes; limits on land area
457.430Â Â Â Â Certification
of assessed value of property in urban renewal area; amendment
457.435Â Â Â Â Property
tax collection methods for existing plans; special levies
457.437Â Â Â Â Consultation
with municipalities; resolution requirements
457.440Â Â Â Â Computation
of amounts to be raised from property taxes; notice; rules
457.450Â Â Â Â Notice
to tax assessor; provision for debt retirement; distribution of remaining tax
increment funds
457.460Â Â Â Â Financial
report required for agency; contents; notice
GENERAL PROVISIONS
     457.010
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Blighted areas” means areas that, by
reason of deterioration, faulty planning, inadequate or improper facilities,
deleterious land use or the existence of unsafe structures, or any combination
of these factors, are detrimental to the safety, health or welfare of the
community. A blighted area is characterized by the existence of one or more of
the following conditions:
     (a) The existence of buildings and
structures, used or intended to be used for living, commercial, industrial or
other purposes, or any combination of those uses, that are unfit or unsafe to
occupy for those purposes because of any one or a combination of the following
conditions:
     (A) Defective design and quality of
physical construction;
     (B) Faulty interior arrangement and
exterior spacing;
     (C) Overcrowding and a high density of
population;
     (D) Inadequate provision for ventilation,
light, sanitation, open spaces and recreation facilities; or
     (E) Obsolescence, deterioration,
dilapidation, mixed character or shifting of uses;
     (b) An economic dislocation, deterioration
or disuse of property resulting from faulty planning;
     (c) The division or subdivision and sale
of property or lots of irregular form and shape and inadequate size or
dimensions for property usefulness and development;
     (d) The laying out of property or lots in
disregard of contours, drainage and other physical characteristics of the
terrain and surrounding conditions;
     (e) The existence of inadequate streets
and other rights of way, open spaces and utilities;
     (f) The existence of property or lots or
other areas that are subject to inundation by water;
     (g) A prevalence of depreciated values,
impaired investments and social and economic maladjustments to such an extent
that the capacity to pay taxes is reduced and tax receipts are inadequate for
the cost of public services rendered;
     (h) A growing or total lack of proper
utilization of areas, resulting in a stagnant and unproductive condition of
land potentially useful and valuable for contributing to the public health,
safety and welfare; or
     (i) A loss of population and reduction of
proper utilization of the area, resulting in its further deterioration and
added costs to the taxpayer for the creation of new public facilities and
services elsewhere.
     (2) “Certified statement” means the
statement prepared and filed pursuant to ORS 457.430 or an amendment to the
certified statement prepared and filed pursuant to ORS 457.430.
     (3) “City” means any incorporated city.
     (4) “Consolidated billing tax rate” means:
     (a) If the urban renewal plan is an
existing urban renewal plan (other than an existing urban renewal plan
designated as an Option Three plan under ORS 457.435 (2)(c)), an urban renewal
plan that was an existing urban renewal plan on October 6, 2001, (other than an
existing urban renewal plan designated as an Option Three plan under ORS
457.435 (2)(c)) and that was substantially amended as described in ORS 457.085
(2)(i)(A) or (B) on or after October 6, 2001, or an urban renewal plan adopted
on or after October 6, 2001, the total of all district tax rates used to extend
taxes after any adjustment to reflect tax offsets under ORS 310.105, but does
not include any rate derived from:
     (A) Any urban renewal special levy under
ORS 457.435;
     (B) A local option tax, as defined in ORS
280.040, that is approved by taxing district electors after October 6, 2001; or
     (C) A tax pledged to repay exempt bonded
indebtedness (other than exempt bonded indebtedness used to fund local
government pension and disability plan obligations that, until funded by the
exempt bonded indebtedness, were described in section 11 (5), Article XI of the
Oregon Constitution), as defined in ORS 310.140, that is approved by taxing
district electors after October 6, 2001; and
     (b) In the case of all other urban renewal
plans, the total of all district ad valorem property tax rates used to extend
taxes after any adjustments to reflect tax offsets under ORS 310.105, except
that “consolidated billing tax rate” does not include any urban renewal special
levy rate under ORS 457.435.
     (5)(a) “Existing urban renewal plan” means
an urban renewal plan that provides for a division of ad valorem property taxes
as described under ORS 457.420 to 457.460 adopted by ordinance before December
6, 1996, that:
     (A) Except for an amendment made on
account of ORS 457.190 (3) and subject to paragraph (b) of this subsection, is
not changed by substantial amendment, as described in ORS 457.085 (2)(i)(A) or
(B), on or after December 6, 1996; and
     (B) For tax years beginning on or after
July 1, 1998, includes the limit on indebtedness as described in ORS 457.190
(3).
     (b) If, on or after July 1, 1998, the
maximum limit on indebtedness (adopted by ordinance before July 1, 1998,
pursuant to ORS 457.190) of an existing urban renewal plan is changed by
substantial amendment, then “indebtedness issued or incurred to carry out the
existing urban renewal plan” for purposes of ORS 457.435 includes only the
indebtedness within the indebtedness limit adopted by ordinance under ORS 457.190
(3)(c) before July 1, 1998.
     (6) “Fiscal year” means the fiscal year
commencing on July 1 and closing on June 30.
     (7) “Governing body of a municipality”
means, in the case of a city, the common council or other legislative body
thereof, and, in the case of a county, the board of county commissioners or
other legislative body thereof.
     (8) “Housing authority” or “authority”
means any housing authority established pursuant to the Housing Authorities
Law.
     (9) “Increment” means that part of the
assessed value of a taxing district attributable to any increase in the
assessed value of the property located in an urban renewal area, or portion
thereof, over the assessed value specified in the certified statement.
     (10) “Maximum indebtedness” means the
amount of the principal of indebtedness included in a plan pursuant to ORS
457.190 and does not include indebtedness incurred to refund or refinance
existing indebtedness.
     (11) “Municipality” means any county or
any city in this state. “The municipality” means the municipality for which a
particular urban renewal agency is created.
     (12) “Taxing body” or “taxing district”
means the state, city, county or any other taxing unit which has the power to
levy a tax.
     (13) “Urban renewal agency” or “agency”
means an urban renewal agency created under ORS 457.035 and 457.045.
     (14) “Urban renewal area” means a blighted
area included in an urban renewal plan or an area included in an urban renewal
plan under ORS 457.160.
     (15) “Urban renewal project” or “project”
means any work or undertaking carried out under ORS 457.170 in an urban renewal
area.
     (16) “Urban renewal plan” or “plan” means
a plan, as it exists or is changed or modified from time to time for one or
more urban renewal areas, as provided in ORS 457.085, 457.095, 457.105,
457.115, 457.120, 457.125, 457.135 and 457.220. [Amended by 1957 c.456 §1; 1969
c.225 §1; 1979 c.621 §10; 1991 c.67 §128; 1991 c.459 §330; 1997 c.541 §442;
1999 c.21 §76; 1999 c.579 §25; 2001 c.477 §1; 2003 c.621 §106; 2007 c.884 §1]
     457.020
Declaration of necessity and purpose. It hereby is found and declared:
     (1) That there exist within the state
blighted areas.
     (2) That such areas impair economic values
and tax revenues.
     (3) That such areas cause an increase in
and spread of disease and crime and constitute a menace to the health, safety,
morals and welfare of the residents of the state and that these conditions
necessitate excessive and disproportionate expenditures of public funds for
crime prevention and punishment, public health, safety and welfare, fire and
accident protection and other public services and facilities.
     (4) That certain blighted areas may
require acquisition and clearance since the prevailing condition of decay may
make impracticable the reclamation of the area by conservation or
rehabilitation, but other areas or portions thereof may be susceptible of
conservation or rehabilitation in such manner that the conditions and evils
mentioned in subsections (1), (2) and (3) of this section may be eliminated,
remedied or prevented and that such areas should, if possible, be conserved and
rehabilitated through appropriate public action and the cooperation and
voluntary action of the owners and tenants of property in such areas.
     (5) That the acquisition, conservation,
rehabilitation, redevelopment, clearance, replanning and preparation for
rebuilding of these areas, and the prevention or the reduction of blight and
its causes, are public uses and purposes for which public money may be spent
and private property acquired and are governmental functions of state concern.
     (6) That there are also certain areas
where the condition of the title, the diverse ownership of the land to be
assembled, the street or lot layouts or other conditions prevent a proper
development of the land, and that it is in the public interest that such areas,
as well as blighted areas, be acquired by eminent domain and made available for
sound and wholesome development in accordance with a redevelopment or urban
renewal plan, and that the exercise of the power of eminent domain and the
financing of the acquisition and preparation of land by a public agency for
such redevelopment or urban renewal is likewise a public use and purpose.
     (7) That redevelopment and urban renewal
activities will stimulate residential construction which is closely correlated
with general economic activity; that undertakings authorized by this chapter
will aid the production of better housing and more desirable neighborhood and
community development at lower costs and will make possible a more stable and
larger volume of residential construction, which will assist materially in
maintaining full employment.
     (8) That the necessity in the public
interest for this chapter is a matter of legislative determination. [Amended by
1957 c.456 §2; 1979 c.621 §11]
     457.025
Powers supplemental to other laws. The powers conferred by this chapter are in addition and supplemental
to the powers conferred by any other law. [Formerly 457.110]
     457.030 [Amended by 1957 c.456 §18; repealed by 1979
c.621 §28]
URBAN RENEWAL
AGENCIES; PLANS; ACTIVITIES
     457.035
Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction. (1) In each municipality, as defined in ORS
457.010, there hereby is created a public body corporate and politic to be
known as the “urban renewal agency” of the municipality. However, the urban
renewal agency shall not exercise its powers until or unless the governing body
of the municipality, by nonemergency ordinance, declares that blighted areas
exist in the municipality and that there is need for an urban renewal agency to
function in the municipality and elects to have the powers of an urban renewal
agency exercised in any of the three ways provided in ORS 457.045.
     (2) An urban renewal agency, upon
activation under subsection (1) of this section, shall have authority to
exercise its powers within the same area of operation given a housing authority
of the municipality under ORS 456.060. [Formerly 457.130]
     457.040 [Repealed by 1979 c.621 §28]
     457.045
Election of method of exercise of urban renewal agencyÂ’s powers. The governing body of a municipality shall,
in the ordinance adopted under ORS 457.035, elect to have the powers of an
urban renewal agency under this chapter exercised in one of the following ways:
     (1) By a housing authority of the
municipality established pursuant to the Housing Authorities Law in which case
the name of the body corporate and politic shall be the “housing authority and
urban renewal agency” of the municipality.
     (2) By appointing a board or commission
composed of not less than three members.
     (3) By the governing body, itself,
provided, however, that any act of the governing body acting as the urban
renewal agency shall be, and shall be considered, the act of the urban renewal
agency only and not of the governing body. [Formerly 457.140]
     457.050 [Amended by 1953 c.230 §3; 1957 c.456 §19;
repealed by 1979 c.621 §28]
     457.055
Transfer of agency powers.
At any time following adoption of the ordinance under ORS 457.035, or for urban
renewal agencies activated before October 3, 1979, at any time following
adoption of a proper resolution or ordinance of the governing body of the
municipality, the governing body of a municipality may, by ordinance, transfer
the authority to exercise the powers of the urban renewal agency to any other
body authorized to exercise those powers under ORS 457.045. All duties and
obligations of the urban renewal agency shall thereafter be assumed by the body
to which those powers are transferred. [1979 c.621 §16 (enacted in lieu of
457.145)]
     457.060 [Repealed by 1979 c.621 §28]
     457.065
Advisory board for housing authority acting as urban renewal agency. For the purpose of coordinating its
activities and undertakings under this chapter with the needs and undertakings
of other local organizations and groups, a housing authority exercising the
powers of an urban renewal agency under ORS 457.045 shall establish an advisory
board consisting of the chairperson of the authority, who shall be chairperson
of the advisory board, and of sufficient members, to be appointed by the
chairperson, to represent as far as practicable:
     (1) The general public and consumers of
housing.
     (2) General business interests.
     (3) Real estate, building and home
financing interests.
     (4) Labor.
     (5) Any official planning body in the
locality.
     (6) Church and welfare groups. [Formerly
457.100]
     457.070 [Repealed by 1979 c.621 §28]
     457.075
Termination of urban renewal agency. If the governing body of a municipality which has an urban renewal
agency under ORS 457.035 finds that there no longer exists a need for an urban
renewal agency in the municipality, the governing body shall provide, by
ordinance, for a termination of the agency and a transfer of the agencyÂ’s
facilities, files and personnel to the municipality. The termination of an
urban renewal agency shall not affect any outstanding legal actions, contracts
or obligations of the agency and the municipality shall be substituted for the
agency and, for the purpose of those legal actions, contracts or obligations,
shall be considered a continuation of the urban renewal agency and not a new
entity. No urban renewal agency shall be terminated under this section unless
all indebtedness to which a portion of taxes is irrevocably pledged for payment
under ORS 457.420 to 457.460 is fully paid. [1979 c.621 §6; 1991 c.459 §331;
1997 c.541 §443]
     457.080 [Repealed by 1979 c.621 §28]
     457.085
Urban renewal plan requirements; accompanying report; contents; approval
required. (1) An urban
renewal agency shall provide for public involvement in all stages in the
development of an urban renewal plan.
     (2) An urban renewal plan proposed by an
urban renewal agency shall include all of the following:
     (a) A description of each urban renewal
project to be undertaken.
     (b) An outline for the development,
redevelopment, improvements, land acquisition, demolition and removal of
structures, clearance, rehabilitation or conservation of the urban renewal
areas of the plan.
     (c) A map and legal description of the
urban renewal areas of the plan.
     (d) An explanation of its relationship to
definite local objectives regarding appropriate land uses and improved traffic,
public transportation, public utilities, telecommunications utilities,
recreational and community facilities and other public improvements.
     (e) An indication of proposed land uses,
maximum densities and building requirements for each urban renewal area.
     (f) A description of the methods to be
used for the temporary or permanent relocation of persons living in, and businesses
situated in, the urban renewal area of the plan.
     (g) An indication of which real property
may be acquired and the anticipated disposition of said real property, whether
by retention, resale, lease or other legal use, together with an estimated time
schedule for such acquisition and disposition.
     (h) If the plan provides for a division of
ad valorem taxes under ORS 457.420 to 457.460, the maximum amount of
indebtedness that can be issued or incurred under the plan.
     (i) A description of what types of
possible future amendments to the plan are substantial amendments and require
the same notice, hearing and approval procedure required of the original plan
under ORS 457.095 as provided in ORS 457.220, including but not limited to
amendments:
     (A) Adding land to the urban renewal area,
except for an addition of land that totals not more than one percent of the
existing area of the urban renewal area.
     (B) Increasing the maximum amount of
indebtedness that can be issued or incurred under the plan.
     (j) For a project which includes a public
building, an explanation of how the building serves or benefits the urban
renewal area.
     (3) An urban renewal plan shall be
accompanied by a report which shall contain:
     (a) A description of physical, social and
economic conditions in the urban renewal areas of the plan and the expected
impact, including the fiscal impact, of the plan in light of added services or
increased population;
     (b) Reasons for selection of each urban
renewal area in the plan;
     (c) The relationship between each project
to be undertaken under the plan and the existing conditions in the urban
renewal area;
     (d) The estimated total cost of each
project and the sources of moneys to pay such costs;
     (e) The anticipated completion date for
each project;
     (f) The estimated amount of money required
in each urban renewal area under ORS 457.420 to 457.460 and the anticipated
year in which indebtedness will be retired or otherwise provided for under ORS
457.420 to 457.460;
     (g) A financial analysis of the plan with
sufficient information to determine feasibility;
     (h) A fiscal impact statement that
estimates the impact of the tax increment financing, both until and after the
indebtedness is repaid, upon all entities levying taxes upon property in the
urban renewal area; and
     (i) A relocation report which shall
include:
     (A) An analysis of existing residents or
businesses required to relocate permanently or temporarily as a result of
agency actions under ORS 457.170;
     (B) A description of the methods to be
used for the temporary or permanent relocation of persons living in, and
businesses situated in, the urban renewal area in accordance with ORS 35.500 to
35.530; and
     (C) An enumeration, by cost range, of the
existing housing units in the urban renewal areas of the plan to be destroyed
or altered and new units to be added.
     (4) An urban renewal plan and accompanying
report shall be forwarded to the planning commission of the municipality for
recommendations, prior to presenting the plan to the governing body of the
municipality for approval under ORS 457.095.
     (5) An urban renewal plan and accompanying
report shall be forwarded to the governing body of each taxing district
affected by the urban renewal plan and the agency shall consult and confer with
the taxing districts prior to presenting the plan to the governing body of the
municipality for approval under ORS 457.095. Any written recommendations of the
governing body of each taxing district shall be accepted, rejected or modified
by the governing body of the municipality in adopting the plan.
     (6) No urban renewal plan shall be carried
out until the plan has been approved by the governing body of each municipality
pursuant to ORS 457.095 and 457.105. [1979 c.621 §2; 1983 c.544 §1; 1987 c.668 §1;
1987 c.447 §130; 1991 c.459 §332; 1997 c.541 §444]
     457.090 [Repealed by 1979 c.621 §28]
     457.095
Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon
receipt of a proposed urban renewal plan and report from the municipalityÂ’s
urban renewal agency and after public notice and hearing and consideration of
public testimony and planning commission recommendations, if any, may approve
the urban renewal plan. The approval shall be by nonemergency ordinance which
shall incorporate 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. The ordinance
shall include determinations and findings by the governing body that:
     (1) Each urban renewal area is blighted;
     (2) The rehabilitation and redevelopment
is necessary to protect the public health, safety or welfare of the
municipality;
     (3) 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;
     (4) 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;
     (5) If acquisition of real property is
provided for, that it is necessary;
     (6) Adoption and carrying out of the urban
renewal plan is economically sound and feasible; and
     (7) 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]
     457.100 [Amended by 1979 c.621 §12; renumbered
457.065]
     457.105
Approval of plan by other municipalities. In addition to the approval of a plan by the governing body of the
municipality under ORS 457.095, when any portion of the area of a proposed
urban renewal plan extends beyond the boundaries of the municipality into any
other municipality and, in the case of a proposed plan by a county agency, when
any portion of such area is within the boundaries of a city, the governing body
of the other municipality may approve the plan and may do so by resolution,
rather than by ordinance. A proposed plan for an urban renewal area which is
wholly within the boundaries of a city, or which is wholly within the
boundaries of a county and does not include any area within the boundaries of a
city, must be approved only by the governing body of the municipality in
accordance with ORS 457.095. [1979 c.621 §3a; 1987 c.668 §2]
     457.110 [Renumbered 457.025]
     457.115
Manner of newspaper notice.
Notice of adoption of an urban renewal plan required under ORS 457.095 and
notice of filing of an annual financial statement required under ORS 457.460
shall be published in the newspaper, as defined in ORS 193.010, having the
greatest circulation in the municipality and which is published within the
municipality. If no newspaper is published within the municipality, the
required notice shall be published in the newspaper having greatest circulation
within the municipality published nearest to the municipality. [1979 c.621 §3b]
     457.120
When additional notice required; to whom sent; content; notice by publication. (1) In addition to any required public
notice of hearing on a proposed urban renewal plan or substantial amendment or
change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the
municipality shall cause notice of a hearing by the governing body on a
proposed plan for a new urban renewal area or on a proposed change containing
one of the types of amendments specified in ORS 457.085 (2)(i) to be mailed to
each individual or household in one of the following groups:
     (a) Owners of real property that is
located in the municipality;
     (b) Electors registered in the
municipality;
     (c) Sewer, water, electric or other
utility customers in the municipality; or
     (d) Postal patrons in the municipality.
     (2) If the urban renewal area governed by
the plan or substantial amendment thereof extends beyond the boundaries of the
municipality, notice shall also be sent to each individual in the selected
group who is located in the urban renewal area.
     (3) The notice required by this section
shall contain a statement in plain language that:
     (a) The governing body, on a specified
date, will hold a public hearing and consider an ordinance adopting or
substantially amending an urban renewal plan;
     (b) The adoption or amendment may impact
property tax rates;
     (c) States the proposed maximum amount of
indebtedness that can be issued or incurred under the plan or amendment;
     (d) The ordinance, if approved, is subject
to referendum; and
     (e) A copy of the ordinance, urban renewal
plan and accompanying report can be obtained by contacting a designated person
within the municipality.
     (4) If the municipality which activated
the urban renewal agency is a county:
     (a) The notice required by subsection (1)
of this section shall be sent to each individual or household in one of the
groups listed in subsections (1)(a) to (d) of this section, except that the
notice need be sent only to those individuals or households located in a school
district with territory affected or to be affected by the tax increment
financing for the new urban renewal area or proposed change.
     (b) In addition to the notice under
paragraph (a) of this subsection, the county shall cause notice to be published
in a paper of general circulation throughout the county. The published notice
shall contain the information described in subsection (3) of this section, be
published in an advertisement not less than three inches in height and three
inches in width and be located in a general interest section of the newspaper
other than the classified advertisement section. [1991 c.459 §335f; 1997 c.541 §445]
     Note: 457.120 was added to and made a part of ORS
chapter 457 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     457.125
Recording of plan upon approval. A copy of the ordinance approving an urban renewal plan under ORS
457.095 shall be sent by the governing body of the municipality to the urban
renewal agency. A copy of the resolution approving an urban renewal plan under
ORS 457.105 shall be sent by the governing body of a municipality to the urban
renewal agency. Upon receipt of the necessary approval of each municipality
governing body, the urban renewal plan shall be recorded by the urban renewal
agency with the recording officer of each county in which any portion of an
urban renewal area within the plan is situated. [1979 c.621 §4]
     457.130 [1957 c.456 §§4,5; 1979 c.621 §13;
renumbered 457.035]
     457.135
Conclusive presumption of plan validity. After October 3, 1979, any urban renewal plan purported to be adopted
in conformance with applicable legal requirements shall be conclusively
presumed valid for all purposes 90 days after adoption of the plan by ordinance
of the governing body of the municipality. No direct or collateral attack on
the action may thereafter be commenced. [1979 c.621 §5]
     457.140 [1957 c.456 §6; 1975 c.246 §1; 1979 c.621 §14;
renumbered 457.045]
     457.145 [1967 c.311 §2; repealed by 1979 c.621 §15
(457.055 enacted in lieu of 457.145)]
     457.150 [1957 c.456 §8; repealed by 1979 c.621 §28]
     457.160
Exception to plan requirements for disaster areas. Notwithstanding any other provisions of ORS
chapters 455 and 456 or this chapter and ORS 446.515 to 446.547, where the
governing body of a municipality certifies that an area is in need of
redevelopment or rehabilitation as a result of a flood, fire, hurricane,
earthquake, storm or other catastrophe respecting which the Governor has
certified the need for disaster assistance under federal law, the governing
body may declare a need for an urban renewal agency, if necessary, and may
approve an urban renewal plan and an urban renewal project for such area
without regard to the provisions requiring:
     (1) That the urban renewal plan conform to
the comprehensive plan and economic development plan, if any, for the
municipality as a whole.
     (2) That the urban renewal area be a
blighted area. [1957 c.456 §15; 1979 c.621 §18; 1993 c.18 §114]
     457.170
Urban renewal agencyÂ’s powers in planning or undertaking an urban renewal
project. An urban renewal
agency may plan or undertake any urban renewal project to carry out an approved
urban renewal plan. In planning or undertaking an urban renewal project, the
urban renewal agency has the power:
     (1) To carry out any work or undertaking
and exercise any powers which a housing authority is authorized to perform or
exercise under ORS 456.055 to 456.235, subject to the provisions of this
chapter provided, however, that ORS 456.155 and 456.160 do not limit the power
of an agency in event of a default by a purchaser or lessee of land in an urban
renewal plan to acquire property and operate it free from the restrictions in
those sections.
     (2) To carry out any rehabilitation or
conservation work in an urban renewal area.
     (3) To acquire real property, by
condemnation if necessary, when needed to carry out the plan.
     (4) To clear any areas acquired, including
the demolition, removal or rehabilitation of buildings and improvements.
     (5) To install, construct or reconstruct
streets, utilities and site improvements in accordance with the urban renewal
plan.
     (6) To carry out plans for a program of
the voluntary repair and rehabilitation of buildings or other improvements in
an urban renewal area in accordance with the urban renewal plan.
     (7) To assist in relocating persons living
in, and property situated in, the urban renewal area in accordance with the
approved urban renewal plan and to make relocation payments.
     (8) To dispose of, including by sale or
lease, any property or part thereof acquired in the urban renewal area in
accordance with the approved urban renewal plan.
     (9) To plan, undertake and carry out
neighborhood development programs consisting of urban renewal project
undertakings in one or more urban renewal areas which are planned and carried
out on the basis of annual increments in accordance with the provisions of this
chapter for planning and carrying out urban renewal plans.
     (10) To accomplish a combination of the
things listed in this section to carry out an urban renewal plan. [1957 c.456 §7;
1969 c.225 §2; 1969 c.539 §1; 1979 c.621 §19; 1995 c.79 §268]
     457.180
Powers of urban renewal agencies in general. An urban renewal agency, in addition to its other powers, may:
     (1) Make plans for carrying out a program
of voluntary repair and rehabilitation of buildings and improvements.
     (2) Make plans for the enforcement of
laws, codes and regulations relating to:
     (a) The use of land.
     (b) The use and occupancy of buildings and
improvements.
     (c) The repair, rehabilitation, demolition
or removal of buildings and improvements.
     (3) Make plans for the relocation of
persons and property displaced by an urban renewal project.
     (4) Make preliminary plans outlining urban
renewal activities for neighborhoods to embrace two or more urban renewal
areas.
     (5) Conduct preliminary surveys to
determine if the undertaking and carrying out of an urban renewal project is
feasible.
     (6) Develop, test and report methods and
techniques and carry out demonstrations and other activities for the prevention
and the elimination of urban blight.
     (7) Engage in any other housing or
community development activities specifically delegated to it by the governing
body of the municipality including but not limited to land acquisition and
disposition, conservation and rehabilitation, residential or business relocation,
construction, leasing or management of housing, and the making of grants and
loans from any available source. [1957 c.456 §10; 1975 c.382 §1]
     457.190
Acquisition of funds by urban renewal agency; maximum amount of indebtedness. (1) An urban renewal agency may borrow money
and accept advances, loans, grants and any other form of financial assistance
from the federal government, the state, county or other public body, or from
any sources, public or private, for the purposes of undertaking and carrying
out urban renewal projects.
     (2) An urban renewal agency may do all
things necessary or desirable to secure such financial aid, including
obligating itself in any contract with the federal government for federal
financial aid to convey to the federal government the project to which the
contract relates upon the occurrence of a substantial default thereunder, in
the same manner as a housing authority may do to secure such aid in connection
with blighted area clearance and housing projects under the Housing Authorities
Law.
     (3)(a) Each urban renewal plan adopted by
ordinance on or after July 14, 1997, that provides for a division of taxes
pursuant to ORS 457.440 shall include in the plan the maximum amount of
indebtedness that may be issued or incurred under the plan. Notwithstanding
subsection (1) of this section, if a maximum amount of indebtedness is not
included in the plan, the urban renewal agency may not issue indebtedness for
which taxes divided under ORS 457.440 are to be pledged to carry out the plan.
     (b) Each urban renewal plan adopted by
ordinance on or after December 6, 1996, and before July 14, 1997, that provides
for a division of taxes pursuant to ORS 457.440 but does not include a maximum
amount of indebtedness that may be issued or incurred under the plan shall be
changed, by substantial plan amendment pursuant to ORS 457.220, to include the
maximum amount of indebtedness that may be issued or incurred under the plan
before July 1, 2000. Notwithstanding subsection (1) of this section, if a
maximum amount of indebtedness is not included in the plan on or before July 1,
2000, the urban renewal agency may not on or after July 1, 2000, issue
indebtedness for which taxes divided under ORS 457.440 are to be pledged to
carry out the plan.
     (c)(A) Each existing urban renewal plan
that provides for a division of taxes pursuant to ORS 457.420 to 457.460 may be
changed by substantial amendment no later than July 1, 1998, to include a
maximum amount of indebtedness that may be issued or incurred under the plan
determined as described in subparagraph (B) of this paragraph. The additional
notices required under ORS 457.120 are not required for an amendment adopted
pursuant to this paragraph.
     (B) The maximum amount of indebtedness
that may be issued or incurred under the plan, as determined for purposes of
meeting the requirements of this paragraph, shall be based upon good faith
estimates of the scope and costs of projects, including but not limited to
increases in costs due to reasonably anticipated inflation, in the existing
urban renewal plan and the schedule for their completion as completion dates
were anticipated as of December 5, 1996. The maximum amount of indebtedness
shall be specified in dollars and cents.
     (C) Notwithstanding subsection (1) of this
section, if a maximum amount of indebtedness is not adopted for an existing
urban renewal plan as described in this paragraph before July 1, 1998, the
urban renewal agency may not collect funds under ORS 457.435. [1957 c.456 §14;
1991 c.459 §333; 1997 c.541 §446; 2007 c.606 §12]
     Note: Section 335e, chapter 459, Oregon Laws 1991,
provides:
     Sec.
335e. Bonded indebtedness if project agreed to prior to September 29, 1991. Notwithstanding ORS 457.190, an urban
renewal agency may issue bonded indebtedness to undertake an urban renewal
project to carry out an urban renewal plan if, prior to September 29, 1991, a
written contract or other written agreement for the project was made, the
instrument setting forth the contract or agreement was executed and the parties
were bound. The urban renewal agency of the municipality may use any of the
money available to it from the issuance of the bonds for carrying out the
project in accordance with the contract or agreement. [1991 c.459 §335e; 1997
c.541 §446a]
     457.210
Applicability of housing cooperation law to urban renewal projects; delegation
of powers and functions. (1)
Any state public body, as defined in ORS 456.305, shall have the same rights
and powers to cooperate with and assist urban renewal agencies with respect to
urban renewal projects that such state public body has pursuant to ORS 456.305
to 456.325 to cooperate and assist housing authorities with respect to housing
projects in the same manner as though those sections were applicable to urban
renewal agencies and projects under this chapter.
     (2) Any state public body, as defined in
ORS 456.305, hereby is authorized to enter into agreements with any other
public body, including an urban renewal agency, respecting action to be taken
pursuant to any of the powers granted by this chapter, including, but not
limited to, the furnishing of funds or other assistance in connection with an
urban renewal plan or urban renewal project.
     (3) An urban renewal agency hereby is
authorized to delegate any of its powers or functions to the municipality or
other state public body, as defined in ORS 456.305, with respect to the
planning or undertaking of an urban renewal project in the area in which such
municipality or other state public body is authorized to act. The municipality,
or other state public body to which the powers or functions are delegated
hereby is authorized to carry out or perform such powers or functions. [1957
c.456 §11]
     457.220
Plan amendment; limit on additional land. (1) Except for the provisions of subsection (2) of this section, an
urban renewal agency shall carry out the urban renewal plan approved under ORS
457.095.
     (2) Any substantial change made in the
urban renewal plan shall, before being carried out, be approved and recorded in
the same manner as the original plan.
     (3) No land equal to more than 20 percent
of the total land area of the original plan shall be added to the urban renewal
areas of a plan by amendments. [1957 c.456 §9; 1979 c.621 §20]
     457.230
Disposition of land in urban renewal project; determination of value;
obligations of purchaser or lessee; recordation. (1) The urban renewal agency shall, in
accordance with the approved urban renewal plan, make land in an urban renewal
project available for use by private enterprise or public agencies. Such land
shall be made available at a value determined by the urban renewal agency to be
its fair reuse value, which represents the value, whether expressed in terms of
rental or capital price, at which the urban renewal agency in its discretion
determines such land should be made available in order that it may be
developed, redeveloped, cleared, conserved or rehabilitated for the purposes
specified in such plan.
     (2) To assure that land acquired in an
urban renewal project is used in accordance with the urban renewal plan, an
urban renewal agency, upon the sale or lease of such land, shall obligate
purchasers or lessees:
     (a) To use the land for the purposes
designated in the urban renewal plan.
     (b) To begin the building of their
improvements within a period of time which the urban renewal agency fixes as
reasonable.
     (3) Any obligations by the purchaser shall
be covenants and conditions running with the land where the urban renewal
agency so stipulates.
     (4) Any contract for the transfer of any
interest in land by the urban renewal agency may be recorded in the land
records of the county in which the land is situated in the same manner as any
other contract for the transfer of an interest in land is recorded. [1957 c.456
§12; 1965 c.571 §1; 1967 c.312 §1]
     457.240
Tax status of land leased under an urban renewal plan. Any property which the urban renewal agency
leases to private persons as defined in ORS 174.100 under an urban renewal plan
shall have the same tax status as if such leased property were owned by such
private individuals or corporations. [1957 c.456 §13; 1983 c.327 §11]
     457.310 [1957 c.456 §16; repealed by 1979 c.621 §28]
     457.320
Municipal assistance under plan; assumption by agency of general obligation
bond payments of municipality.
In addition to the other powers granted a municipality under this chapter, a
municipality may exercise any of its powers otherwise provided by law to assist
in the planning or the carrying out of an urban renewal plan. Without limiting
the powers granted by the preceding sentence, a municipality may issue its
general obligation bonds for the purpose of assisting in the planning or the
carrying out of an urban renewal plan. The urban renewal agency of the
municipality may assume payment of the general obligation bonds and may use any
of the moneys available to it for that purpose. [1957 c.456 §17; 1979 c.621 §21]
     457.410 [1961 c.554 §2; repealed by 1979 c.621 §28]
TAX INCREMENT
FINANCING OF URBAN RENEWAL INDEBTEDNESS
     457.420
Plan may provide for division of property taxes; limits on land area. (1) Any urban renewal plan may contain a
provision that the ad valorem taxes, if any, levied by a taxing district in
which all or a portion of an urban renewal area is located, shall be divided as
provided in section 1c, Article IX of the Oregon Constitution, and ORS 457.420
to 457.460. Ad valorem taxes shall not be divided if there is no provision in
the urban renewal plan for the division.
     (2) No plan adopted after October 3, 1979,
shall provide for a division of ad valorem taxes under subsection (1) of this
section if:
     (a) For municipalities having a population
of more than 50,000, according to the latest state census:
     (A) The assessed value for the urban
renewal areas of the plan, when added to the total assessed value previously
certified by the assessor for other urban renewal plans of the municipality for
which a division of ad valorem taxes is provided exceeds a figure equal to 15
percent of the total assessed value of that municipality, exclusive of any
increased assessed value for other urban renewal areas; or
     (B) The urban renewal areas of the plan
when added to the areas included in other urban renewal plans of the
municipality providing for a division of ad valorem taxes, exceed a figure equal
to 15 percent of the total land area of that municipality.
     (b) For municipalities having a population
of less than 50,000, according to the latest state census:
     (A) The assessed value for the urban
renewal areas of the plan, when added to the total assessed value previously
certified by the assessor for other urban renewal plans of the municipality for
which a division of ad valorem taxes is provided exceeds a figure equal to 25
percent of the total assessed value of that municipality, exclusive of any
increased assessed value for other urban renewal areas; or
     (B) The urban renewal areas of the plan,
when added to the areas included in other urban renewal plans of the
municipality providing for a division of ad valorem taxes, exceed a figure
equal to 25 percent of the total land area of that municipality.
     (3) Property may not be included in more
than one urban renewal area. [1961 c.554 §3; 1969 c.539 §2; 1971 c.544 §4; 1979
c.621 §24; 1991 c.459 §334; 1997 c.541 §447]
     457.430
Certification of assessed value of property in urban renewal area; amendment. (1) As soon as practicable after the
approval of a plan containing a provision authorized by ORS 457.420, the county
assessor of each county in which an urban renewal area is located shall
prepare, in duplicate, a certified statement of the total assessed value, as
shown on the county assessment roll last certified prior to the effective date
of the ordinance approving the plan, of all of the taxable real and personal
property contained in the urban renewal area in the county.
     (2) Wherever only a part of an urban
renewal area is located in a taxing district, the assessor also shall show in
the statement required by subsection (1) of this section the assessed value of
the real and personal property in the part of the urban renewal area located in
the taxing district.
     (3) One copy of the certified statement
shall be filed by the assessor with the agency and the other copy shall
constitute a part of the public records of the county assessorÂ’s office.
     (4) Whenever a part of an urban renewal
area comes within the territory of a taxing district either by annexation,
incorporation of a new taxing district or consolidation, after the approval of
a plan containing a provision authorized by ORS 457.420, the county assessor
shall in the same manner as under subsection (3) of this section file a
certified statement or an amendment to a certified statement to show the
assessed value of the real and personal property in that part of the urban
renewal area incorporated by annexation or consolidation into the taxing
district. The assessed value of the real and personal property so incorporated
shall be determined in the same manner and as of the same date as provided in
subsections (1) and (2) of this section.
     (5) When a certified statement is filed as
required by subsection (1) of this section, if the law provides a reduction or
increase of the valuation for tax purposes of the taxable property contained in
the urban renewal area at the time of the filing, the assessor shall state the
total assessed value as it is so reduced or increased. After a certified
statement has been filed as required by subsection (1) of this section, if a
law is enacted which provides a reduction or increase of the valuation for tax
purposes of the taxable property contained in the urban renewal area at the
time the certified statement was filed, the assessor shall amend the certified
statement annually or as otherwise required to reduce or increase the stated
total assessed value of the real and personal property accordingly. An
amendment to the certified statement shall be filed in the manner provided by
subsections (3) and (4) of this section.
     (6)(a) Subject to subsections (4) and (5)
of this section and paragraph (b) of this subsection, all certified statements
and amendments thereto filed under this section before July 14, 1997, shall
continue to remain in effect.
     (b) Effective as of the tax year beginning
on July 1, 1997, the assessor shall amend the amount of assessed value included
in a certified statement by applying to the certified assessed value of each
tax code area located within an urban renewal area the percentage obtained by
dividing the total assessed value within the tax code area, including growth in
assessed value over the certified assessed value, by the total real market
value within the tax code area. [1961 c.554 §4; 1969 c.539 §3; 1979 c.621 §25;
1981 c.804 §105; 1983 s.s. c.5 §24; 1991 c.459 §335; 1997 c.541 §448]
     457.435
Property tax collection methods for existing plans; special levies. (1) For each existing urban renewal plan
that includes a provision for a division of ad valorem taxes under ORS 457.420
to 457.460, the municipality that activated the urban renewal agency that is
carrying out the plan shall adopt an ordinance choosing one of the options
listed in subsection (2) of this section as the method of collecting ad valorem
property taxes sufficient to pay, when due, indebtedness issued or incurred to
carry out the plan as permitted by section 11 (16), Article XI of the Oregon
Constitution.
     (2) The options referred to in subsection
(1) of this section are as follows:
     (a) Option One: To collect amounts
sufficient to pay the obligations, as budgeted for the plan, from ORS 457.440,
and if the amount estimated to be received from ORS 457.440 is not sufficient
to meet the budgeted obligations of the plan for the tax or fiscal year, to
make a special levy in the amount of the remainder upon all of the taxable
property of the municipality that activated the urban renewal agency and upon
all of the taxable property lying outside the municipality but included in an
urban renewal area of the plan.
     (b) Option Two: To make a special levy in
the amount stated in the notice given under ORS 457.440 (2) upon all of the
taxable property of the municipality that activated the urban renewal agency,
and upon all of the taxable property lying outside the municipality but
included in an urban renewal area of the plan.
     (c) Option Three: To collect an amount
equal to the amount stated in the ordinance adopted as provided in subsection
(1) of this section by dividing the taxes pursuant to ORS 457.440, and to make
a special levy upon all of the taxable property of the municipality that
activated the urban renewal agency and upon all of the taxable property lying
outside the municipality but within an urban renewal area of the plan. The
county assessor shall adjust the amount of the total assessed value included in
the certified statement filed under ORS 457.430 so that the amount collected by
dividing the taxes pursuant to ORS 457.440 does not exceed the amount stated in
the ordinance to be collected by dividing the taxes pursuant to ORS 457.440.
     (3)(a) The total amount obtained under an
option listed in subsection (2) of this section for any plan shall not exceed
the maximum amount that could have been certified to the assessor for the plan
under ORS 457.440 (1995 Edition) for the tax year beginning July 1, 1997.
     (b) For each tax year beginning after the
1997-1998 tax year, the limitation of paragraph (a) of this subsection shall be
adjusted by a percentage change equal to the percentage change in the increment
within the urban renewal area from the preceding year.
     (4)(a) The ordinance choosing the option
referred to in subsection (1) of this section shall be adopted no later than
July 1, 1998, and shall be applicable for tax years beginning on or after July
1, 1998. If not so adopted, the municipality shall be considered to have chosen
Option One as its method of collection of ad valorem property taxes sufficient
to pay, when due, indebtedness issued or incurred to carry out the existing
urban renewal plan. An option, once chosen, may not be changed to another
option. In addition, if Option Three is chosen, the amount specified in the ordinance
choosing the option to be collected by dividing the taxes pursuant to ORS
457.440 shall not be changed by subsequent ordinance or amendment to the
certified statement.
     (b) The option chosen, together with the
particulars of the option, including but not limited to any limit on the amount
to be received from ORS 457.440, shall be reflected in the notice filed by the
urban renewal agency with the county assessor.
     (5)(a) The county assessor, or county
assessors if the taxable property is in more than one county, shall extend the
special levy against all of the taxable property of the municipality that
activated the urban renewal agency and all of the taxable property lying
outside the municipality but included in an urban renewal area of the plan.
     (b) Any amounts collected from special
levies made under this section shall be paid into the special fund or funds of
the urban renewal agency referred to in ORS 457.440 (6) and shall be used to
pay the principal and interest to finance or refinance the existing urban
renewal plan or plans of the urban renewal agency.
     (6) This section applies to existing urban
renewal plans with respect to principal and interest on indebtedness until the
indebtedness is fully paid or it is found that deposits in the special fund are
sufficient to pay the principal and interest on the indebtedness issued or
incurred under the existing urban renewal plan.
     (7) Nothing in this section shall prevent
the funding of urban renewal indebtedness as provided under ORS 457.440. [1997
c.541 §454; 1999 c.579 §32]
     457.437
Consultation with municipalities; resolution requirements. (1) Prior to the establishment of a maximum
amount of indebtedness for an urban renewal plan under ORS 457.190 and before
an option is adopted under ORS 457.435, the urban renewal agency that is
carrying out the plan shall meet with the governing bodies of the municipality
that activated the urban renewal agency and other municipalities affected by
the urban renewal plan and review the proposed maximum amount of indebtedness
for the plan and the agencyÂ’s recommended option under ORS 457.435.
     (2) After the meeting described in
subsection (1) of this section, the governing bodies shall adopt resolutions in
support of or opposition to the recommended option under ORS 457.435.
     (3) If an affected municipality adopts a
resolution in opposition to the recommended option, then the agencyÂ’s
recommendations may be adopted only by the adoption of a separate resolution by
the municipality that activated the urban renewal agency. [1997 c.541 §454a]
     457.440
Computation of amounts to be raised from property taxes; notice; rules. During the period specified under ORS
457.450:
     (1) The county assessor shall determine
the amount of funds to be raised each year for urban renewal within the county
levied by taxing districts in accordance with section 1c, Article IX of the
Oregon Constitution, and ORS 457.420 to 457.460.
     (2) Not later than July 15 of each tax
year, each urban renewal agency shall determine and file with the county assessor
a notice stating the amount of funds to be raised for each urban renewal area
as follows:
     (a) If the municipality that activated the
urban renewal agency has chosen Option One as provided in ORS 457.435 (2)(a),
the notice shall state that the maximum amount of funds that may be raised by
dividing the taxes under section 1c, Article IX of the Oregon Constitution,
shall be raised for the agency.
     (b) If the municipality that activated the
urban renewal agency has chosen Option Two as provided in ORS 457.435 (2)(b),
the notice shall state the amount of funds to be raised by the special levy.
     (c) If the municipality that activated the
urban renewal agency has chosen Option Three as provided in ORS 457.435 (2)(c),
the notice shall state the amount of funds to be raised by special levy in
addition to the amount to be raised by dividing the taxes as stated in the
ordinance adopted under ORS 457.435 (1).
     (d) If the plan is not an existing plan,
the notice shall state that the maximum amount of funds that may be raised by
dividing the taxes under section 1c, Article IX of the Oregon Constitution,
shall be raised for the agency.
     (3) If a municipality has chosen Option
Three pursuant to ORS 457.435, the maximum amount of funds that may be raised
for an urban renewal agency by dividing the taxes as provided in section 1c,
Article IX of the Oregon Constitution, may be limited by the municipality in
which the urban renewal agency is located. The decision of the municipality to
limit the amount of funds to be included in the notice filed under subsection
(2) of this section shall be reflected in the certified statement filed by the
urban renewal agency with the county assessor.
     (4) Not later than September 25 of each
tax year, the assessor of any county in which a joint district is located shall
provide, to the assessor of each other county in which the joint district is
located, the assessed values of the property in the joint district that is
located within the county, including the certified statement value and the increment
for each code area containing any urban renewal area located within the joint
district, and a copy of the notice filed by the urban renewal agency for the
area located within the joint district under subsection (2) of this section.
     (5) The maximum amount of funds that may
be raised for an urban renewal plan by dividing the taxes as provided in
section 1c, Article IX of the Oregon Constitution, shall be computed by the
county assessor as follows:
     (a) The county assessor shall compute the
total consolidated billing tax rate for each code area in which an urban
renewal area of the plan is located.
     (b) The assessor shall determine the
amount of taxes that would be produced by extending the tax rate computed under
paragraph (a) of this subsection against the increment of each code area.
     (c) The total amount determined for all
code areas containing urban renewal areas included within the urban renewal
plan is the maximum amount of funds to be raised for the urban renewal plan by
dividing the taxes.
     (6)(a) The maximum amount of funds that
may be raised for an urban renewal agency as determined under subsection (5) of
this section, or the maximum amount, as determined under subsection (2) of this
section, shall be certified by the county assessor to the tax collector. The
tax collector shall include the amount so certified in the percentage schedule
of the ratio of taxes on property prepared under ORS 311.390 and filed with the
county treasurer. Notwithstanding ORS 311.395 (6), the county treasurer shall
credit the amount to the urban renewal agency and shall distribute its
percentage amount to the urban renewal agency as determined by the schedule at
the times other distributions are made under ORS 311.395 (7).
     (b) The county assessor shall notify the urban
renewal agency of the amounts received under subsection (5) of this section or
amounts received pursuant to the notice provided in subsection (2) of this
section for each urban renewal plan area. Any amounts received by the urban
renewal agency under paragraph (a) of this subsection shall be attributed to
the urban renewal plan in which the urban renewal area is included, shall be
paid into a special fund of the urban renewal agency for the urban renewal plan
and shall be used to pay the principal and interest on any indebtedness issued
or incurred by the urban renewal agency to finance or refinance the urban
renewal plan.
     (7) Unless and until the total assessed
value of the taxable property in an urban renewal area exceeds the total
assessed value specified in the certified statement, all of the ad valorem
taxes levied and collected upon the taxable property in the urban renewal area
shall be paid into the funds of the respective taxing districts.
     (8) The agency may incur indebtedness,
including obtaining loans and advances in carrying out the urban renewal plan,
and the portion of taxes received under this section may be irrevocably pledged
for the payment of principal of and interest on the indebtedness.
     (9) The Department of Revenue shall by
rule establish procedures for giving notice of amounts to be raised for urban
renewal agencies and for determination of amounts to be raised and distributed
to urban renewal agencies.
     (10) The notice required under this
section shall serve as the notice required under ORS 310.060 for the special
levy described under ORS 457.435. [1961 c.554 §5; 1979 c.621 §26; 1981 c.804 §106;
1983 s.s. c.5 §25; 1985 c.613 §17; 1987 c.158 §87; 1991 c.459 §335a; 1997
c.541 §449; 1999 c.579 §26; 2003 c.190 §§16,17; 2007 c.537 §7]
     457.450
Notice to tax assessor; provision for debt retirement; distribution of remaining
tax increment funds. (1)(a)
ORS 457.440 shall first apply to the assessment roll next following the tax
roll referred to in ORS 457.430 if the assessor is provided notice of a plan
adoption or amendment changing area boundaries by the agency prior to January 1
before the tax year to which the plan first applies.
     (b) If the assessor is not provided notice
of plan adoption or amendment changing area boundaries by the agency prior to
January 1 before the tax year to which ORS 457.440 would otherwise first apply,
then ORS 457.440 shall first apply to the assessment roll next following the
assessment roll described in paragraph (a) of this subsection.
     (2) When the principal and interest on
indebtedness to which the portion of taxes is irrevocably pledged for payment
under ORS 457.435 or 457.440 is fully paid, or it is found that deposits in the
special fund are sufficient to fully pay principal and interest on that indebtedness
either through direct payment of the indebtedness or by payment of principal
and interest on bonds or notes issued to finance the indebtedness, the agency
shall notify the assessor of that fact.
     (3) All moneys remaining unexpended from
the special fund provided for in ORS 457.435 or 457.440, after payment of all
the principal and interest on indebtedness is provided for, shall be turned
over to the county treasurer by the agency and prorated by the treasurer back
to the taxing districts in which the area, or part thereof, is located, in
proportion to the amount of money in the fund attributable to each taxing
district for the last fiscal year in which tax levy moneys were paid into the
special fund of the agency under ORS 457.435 or 457.440. [1961 c.554 §6; 1971
c.426 §1; 1979 c.621 §27; 1991 c.459 §335b; 1997 c.541 §450]
     457.460
Financial report required for agency; contents; notice. (1) An agency shall, by August 1 of each
year, prepare a statement on the same basis on which its financial statements
are prepared containing:
     (a) The amount of money received during
the preceding fiscal year under ORS 457.420 to 457.460 and from indebtedness
incurred under ORS 457.420 to 457.460;
     (b) The purposes and amounts for which any
money received under ORS 457.420 to 457.460 and from indebtedness incurred
under ORS 457.420 to 457.460 were expended during the preceding fiscal year;
     (c) An estimate of moneys to be received
during the current fiscal year under ORS 457.420 to 457.460 and from
indebtedness incurred under ORS 457.420 to 457.460;
     (d) A budget setting forth the purposes
and estimated amounts for which the moneys which have been or will be received
under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420
to 457.460 are to be expended during the current fiscal year; and
     (e) An analysis of the impact, if any, of
carrying out the urban renewal plan on the tax collections for the preceding
year for all taxing districts included under ORS 457.430.
     (2) The statement required by subsection
(1) of this section shall be filed with the governing body of the municipality.
Notice shall be published that the statement has been prepared and is on file
with the municipality and the agency and the information contained in the
statement is available to all interested persons. The notice shall be published
once a week for not less than two successive weeks before September 1 of the
year for which the statement is required in accordance with ORS 457.115. The
notice shall summarize the information required under subsection (1)(a) to (d)
of this section and shall set forth in full the information required under
subsection (1)(e) of this section. [1979 c.621 §23; 1991 c.459 §335c; 1997
c.541 §451]
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