2011 ORS § 285C.609¹
Request by county
- • community services fee agreement
- • distribution of fee proceeds
(1) A determination under ORS 285C.606 (Determination of projects for tax exemption) (1) by the Oregon Business Development Commission that a project shall be exempt from property taxation under ORS 307.123 (Property of strategic investment program eligible projects) must be requested by official action of the governing body of the county taken at a regular or duly called special meeting thereof by the affirmative vote of a majority of its members.
(2) The governing body of any Oregon county shall forward appropriate prospective eligible projects to the Oregon Business Development Department for processing.
(3) For purposes of this section, for projects located on a federally recognized Oregon Indian reservation, the governing body of a county shall be considered to be the governing body of the federally recognized Oregon Indian tribe.
(4) The county may not make the request under subsection (1) of this section unless, after a public hearing:
(a) The county and, if the proposed eligible project will be located within a city, the city have entered into an agreement with the business firm, as described in this subsection.
(b) The agreement provides for the payment of a fee by the business firm, as follows:
(A) The fee shall be for community services support that relates to the direct impact of the eligible project on public services.
(B) The fee shall be in an amount equal to 25 percent of the property taxes that would, but for the exemption, be due on the exempt property in each assessment year, but not exceeding $2 million in any year or, if the eligible project is located in a rural area, $500,000 in any year.
(C) The fee shall be paid annually during the tax exemption period, as of a date set forth in the agreement.
(c) The agreement provides for the refunding or crediting of overpayments, for interest on late payments or underpayments and for the manner in which the appeal of the assessed value of the property included in the project will affect the fee.
(5) The agreement described in subsection (4) of this section may provide for any other requirements related to the project.
(6)(a) The fee collected under subsection (4)(b) of this section shall be distributed by the county based on an agreement. The agreement is effective only if:
(A) The county and the city, if any, in which the eligible project is located have entered into the agreement; and
(B) Local taxing districts listed in ORS 198.010 (District defined for chapter) or 198.180 (District defined for ORS 198.190) that constitute at least 75 percent of the property tax authority of all local taxing districts listed in ORS 198.010 (District defined for chapter) or 198.180 (District defined for ORS 198.190) in the code area in which the eligible project is located have entered into the agreement.
(b) If an effective agreement is not entered into under paragraph (a) of this subsection within three months after the date of the determination by the commission under ORS 285C.606 (Determination of projects for tax exemption) (1), the commission shall, by official action, establish a formula for distributing the fee collected under subsection (4)(b) of this section. [Formerly 285B.386]