(1) Notwithstanding ORS § 285C.095, a city shall be designated for electronic commerce if the city:

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(a) By resolution of the governing body of the city, declares itself a city designated for electronic commerce;

(b) As of January 1, 2002, has a population of more than 1,500 but less than 2,000;

(c) Is located less than 25 miles from a city with a population of more than 500,000; and

(d) Is located less than 10 miles from a city with a high concentration of high technology firms and with a population that, as of January 1, 2002, does not exceed 85,000.

(2) Only one city may be designated for electronic commerce under this section, and that designation shall be made without consideration of the numeric limits imposed by ORS § 285C.095.

(3)(a) A city does not need to sponsor an enterprise zone to be designated for electronic commerce under this section.

(b) The governing body of a city designated for electronic commerce under this section does not need to comply with the requirements of ORS § 285C.067 or 285C.090, but the governing body must take all actions that are required of a sponsor of a rural enterprise zone under ORS § 285C.050 to 285C.250 with respect to business firms seeking exemption under ORS § 285C.175.

(c) A business firm that is engaged in electronic commerce at a location inside a city designated for electronic commerce under this section and that seeks an exemption under ORS § 285C.175 must take all actions required of a qualified business firm under ORS § 285C.050 to 285C.250, except that the business firm does not need to be located within an enterprise zone.

(d) A business firm described in paragraph (c) of this subsection:

(A) Shall be an eligible business firm, the qualified property of which is exempt from taxation under ORS § 285C.175 as if the qualified property were located in an enterprise zone under ORS § 285C.095; and

(B) May claim the tax credit under ORS § 315.507.

(4) Designation of a city for electronic commerce under this section is not final until a positive determination in favor of the city has been made by the Oregon Business Development Department under ORS § 285C.102.

(5) For the purpose of determining the boundaries of a city designated for electronic commerce, ‘city’ includes:

(a) Territory that is annexed into the city, as of the date of the annexation;

(b) Land within the urban growth boundary of the city; and

(c) Territory that is added to the urban growth boundary described in paragraph (b) of this subsection, as of the date the urban growth boundary is extended to such territory. [Formerly 285B.673; 2005 c.94 § 5; 2015 c.648 § 12]