2017 ORS 457.445¹
Consolidated billing tax rate
  • election of alternative

(1)(a) The consolidated billing tax rate of the following urban renewal plans shall be determined under paragraph (b) of this subsection:

(A) An existing urban renewal plan (other than an existing urban renewal plan designated as an Option Three plan under ORS 457.435 (Property tax collection methods for existing plans) (2)(c));

(B) 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 (Property tax collection methods for existing plans) (2)(c)) and that was substantially amended as described in ORS 457.085 (Urban renewal plan requirements) (2)(i)(A) or (B) on or after October 6, 2001; and

(C) An urban renewal plan adopted on or after October 6, 2001.

(b)(A) The consolidated billing tax rate of an urban renewal plan described in paragraph (a) of this subsection equals the total of all district tax rates used to extend taxes after any adjustment to reflect tax offsets under ORS 310.105 (Rate adjustments to reflect nontimber offsets).

(B) Notwithstanding subparagraph (A) of this paragraph, the consolidated billing tax rate of an urban renewal plan described in paragraph (a) of this subsection excludes any rate derived from:

(i) An urban renewal special levy under ORS 457.435 (Property tax collection methods for existing plans).

(ii) A local option tax, as defined in ORS 280.040 (Definitions for ORS 280.040 to 280.145), that is approved by taxing district electors after October 6, 2001.

(iii) 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 Article XI, section 11 (5), of the Oregon Constitution), as defined in ORS 310.140 (Legislative findings), that is approved by taxing district electors after October 6, 2001.

(iv) The increase in the rate of ad valorem property tax allowable under Article XI, section 11 (5)(d), of the Oregon Constitution, for a school district with a statutory rate limit on July 1, 2003, that is greater than $4.50 per $1,000 of assessed value, to the extent that the increase is excluded from local revenues, as that term is used in ORS chapter 327, and provided that the school district notifies the county assessor of the rate to be excluded for the current fiscal year not later than July 15.

(2)(a) The consolidated billing tax rate of all other urban renewal plans equals 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 (Rate adjustments to reflect nontimber offsets).

(b) Notwithstanding paragraph (a) of this subsection, the consolidated billing tax rate of urban renewal plans referred to in paragraph (a) of this subsection excludes:

(A) An urban renewal special levy rate under ORS 457.435 (Property tax collection methods for existing plans).

(B) A new local option tax.

(3)(a) Notwithstanding subsection (2)(b)(B) of this section, the consolidated billing tax rate of urban renewal plans referred to in subsection (2)(a) of this section includes a new local option tax imposed in a fiscal year for which the urban renewal agency files with the county assessor an impairment certificate in the manner described in paragraph (b) of this subsection not later than the May 1 immediately preceding the beginning of the fiscal year.

(b) An impairment certificate must:

(A) Identify the urban renewal plan to which it relates;

(B) Instruct the county assessor to include the new local option tax in the consolidated billing tax rate for the urban renewal plan for the ensuing fiscal year;

(C) State that the urban renewal agency has reasonably determined that excluding the new local option tax from the consolidated billing tax rate for the fiscal year under this subsection would impair contracts that the agency has entered into with owners of indebtedness incurred before October 7, 2013, to carry out an urban renewal plan described in subsection (2) of this section; and

(D) Be signed by an authorized representative of the agency.

(4)(a) Notwithstanding subsection (2) of this section, the governing body of a municipality that adopted an urban renewal plan before December 5, 1996 (other than an existing urban renewal plan designated as an Option Three plan under ORS 457.435 (Property tax collection methods for existing plans) (2)(c)), that would otherwise be required to use a consolidated billing tax rate determined under subsection (2) of this section may, by resolution or ordinance, irrevocably elect to have amounts collected by dividing the taxes for the urban renewal plan pursuant to ORS 457.440 (Computation of amounts to be raised from property taxes) be determined under subsection (1)(b) of this section.

(b) An election made pursuant to this subsection applies first to the assessment roll next following if the assessor has received notice of the election from the urban renewal agency before January 1.

(5) As used in this section, “new local option tax” means a local option tax, as defined in ORS 280.040 (Definitions for ORS 280.040 to 280.145), that is approved by taxing district electors after January 1, 2013. [2009 c.317 §2; 2013 c.579 §2]

Note: 457.445 (Consolidated billing tax rate) 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.

Notes of Decisions

Tax incre­ment financing pro­ce­dure did not violate Article XI, sec­tion 11 of Oregon Constitu­tion which prohibits taxing unit’s 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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 457, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano457.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.