2015 ORS 457.440¹
Computation of amounts to be raised from property taxes
  • notice
  • rules

During the period specified under ORS 457.450 (Notice to tax assessor):

(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 Article IX, section 1c, of the Oregon Constitution, and ORS 457.420 (Plan may provide for division of property taxes) to 457.460 (Financial report required for agency).

(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 (Property tax collection methods for existing plans) (2)(a), the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under Article IX, section 1c, 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 (Property tax collection methods for existing plans) (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 (Property tax collection methods for existing plans) (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 (Property tax collection methods for existing plans) (1).

(d) For plans that are initially approved or substantially amended to increase maximum indebtedness on or after January 1, 2010, the notice must comply with ORS 457.470 (Modification of assessed value).

(e) If the agency limits the amount that may be raised by the division of taxes, as provided in ORS 457.455 (Limiting collections) (1), the notice shall comply with ORS 457.455 (Limiting collections) (1).

(f) If the plan is not described in paragraph (a), (b), (c), (d) or (e) of this subsection, the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under Article IX, section 1c, of the Oregon Constitution, shall be raised for the agency.

(3) If a municipality has chosen Option Three pursuant to ORS 457.435 (Property tax collection methods for existing plans), the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in Article IX, section 1c, 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 Article IX, section 1c, of the Oregon Constitution, shall be computed by the county assessor as follows:

(a) The county assessor shall compute, in the manner required under ORS 457.445 (Consolidated billing tax rate), 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 county assessor shall certify to the tax collector the amount of funds to be raised for an urban renewal agency as determined under subsection (2) of this section. 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 (Tax and interest distribution percentage schedule) and filed with the county treasurer. Notwithstanding ORS 311.395 (Periodic statements of tax collections) (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 (Periodic statements of tax collections) (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 (Notice certifying taxes) for the special levy described under ORS 457.435 (Property tax collection methods for existing plans).

(11) Notwithstanding any other provision of this chapter, a city with a population of more than 500,000 on January 1, 2010, may, in lieu of its urban renewal agency, take any actions that an urban renewal agency is authorized to take under this section and any other actions that are required to certify, collect, receive, hold and apply tax revenues raised for the urban renewal agency under Article IX, section 1c, of the Oregon Constitution, and taxes authorized for the urban renewal agency by Article XI, section 11 (16), of the Oregon Constitution. [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; 2009 c.700 §4; 2013 c.579 §3]

Notes of Decisions

Tax incre­ment financing pro­ce­dure did not violate Article XI, sec­tion 11 of Oregon Constitu­tion which prohibits taxing units use of power of levy to raise more revenue than its tax base. Dennehy v. Dept. of Rev., 305 Or 595, 756 P2d 13 (1988)

Atty. Gen. Opinions

Urban renewal financing by taxes, (1974) Vol 36, p 1005; withdrawal of funds by county assessor from urban renewal agency, (1977) Vol 38, p 1062; expected effect of Ballot Measure 47 (Oregon Constitu­tion Article XI, sec­tion 11g) on invest­ment bonds, (1996) Vol 48, p 67

Law Review Cita­tions

61 OLR 123 (1982)

Chapter 457

Notes of Decisions

Provisions of this chapter creating urban renewal agencies, and pro­vi­sions of Housing Authorities Law, ORS 456.055 (General definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities), are parallel statutory schemes, and thus identical pro­vi­sions in the two acts will be given same effect. Housing Authority of Lane County v. Board of Commissioners, 35 Or App 785, 582 P2d 844 (1978), Sup Ct review denied

Atty. Gen. Opinions

Authority of urban renewal agency in selec­tion of projects and de­linea­tion of project boundaries, (1977) Vol 38, p 1062


1 Legislative Counsel Committee, CHAPTER 457—Urban Renewal, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors457.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 457, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano457.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.