71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3215
Sponsored by Representative SHETTERLY; Representatives BATES,
BECK, BROWN, CARLSON, HASS, KAFOURY, WILLIAMS, WITT
CHAPTER ................
AN ACT
Relating to urban renewal; creating new provisions; amending ORS
457.010; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 457.010 is amended to read:
457.010. 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;
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(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)) or an urban renewal
plan adopted on or after the effective date of this 2001 Act, the
total of all district tax rates used to extend taxes after any
adjustment to reflect tax offsets under ORS 310.105 and 310.108,
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 the effective date of
this 2001 Act; 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 the
effective date of this 2001 Act; 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 and 310.108, 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,
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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.
SECTION 2. { + The amendments to ORS 457.010 by section 1 of
this 2001 Act apply to the division of tax for urban renewal
occurring in tax years beginning on or after July 1, 2002. + }
SECTION 3. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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Passed by House May 3, 2001
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Chief Clerk of House
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Speaker of House
Passed by Senate May 22, 2001
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President of Senate
Enrolled House Bill 3215 (HB 3215-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 3215 (HB 3215-A) Page 4