Chapter 884
AN ACT
HB 3455
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
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;
(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.
SECTION 2. The amendments to ORS 457.010 by section 1
of this 2007 Act apply to tax years beginning on or after July 1, 2007.
SECTION 3. This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth Legislative
Assembly adjourns sine die.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date September 27, 2007
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