Oregon Statutes 457.190 – Acquisition of funds by urban renewal agency; maximum amount of indebtedness
(1) An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects.
Terms Used In Oregon Statutes 457.190
- agency: means an urban renewal agency created under ORS § 457. See Oregon Statutes 457.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- authority: means any housing authority established pursuant to the Housing Authorities Law. See Oregon Statutes 457.010
- Certified statement: means the statement prepared and filed pursuant to ORS § 457. See Oregon Statutes 457.010
- Contract: A legal written agreement that becomes binding when signed.
- Existing urban renewal plan: means an urban renewal plan that provides for a division of ad valorem property taxes as described under ORS § 457. See Oregon Statutes 457.010
- Maximum indebtedness: means the amount of the principal of indebtedness included in a plan pursuant to ORS § 457. See Oregon Statutes 457.010
- Municipality: means any county or any city in this state. See Oregon Statutes 457.010
- 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. See Oregon Statutes 457.010
- project: means any work or undertaking carried out under ORS § 457. See Oregon Statutes 457.010
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(2) An urban renewal agency may do all things necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for federal financial aid to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder, in the same manner as a housing authority may do to secure such aid in connection with blighted area clearance and housing projects under the Housing Authorities Law.
(3)(a) Each urban renewal plan adopted by ordinance on or after July 14, 1997, that provides for a division of taxes pursuant to ORS § 457.440 shall include in the plan the maximum amount of indebtedness that may be issued or incurred under the plan. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan, the urban renewal agency may not issue indebtedness for which taxes divided under ORS § 457.440 are to be pledged to carry out the plan.
(b) Each urban renewal plan adopted by ordinance on or after December 6, 1996, and before July 14, 1997, that provides for a division of taxes pursuant to ORS § 457.440 but does not include a maximum amount of indebtedness that may be issued or incurred under the plan shall be changed, by substantial plan amendment pursuant to ORS § 457.220, to include the maximum amount of indebtedness that may be issued or incurred under the plan before July 1, 2000. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan on or before July 1, 2000, the urban renewal agency may not on or after July 1, 2000, issue indebtedness for which taxes divided under ORS § 457.440 are to be pledged to carry out the plan.
(c)(A) Each existing urban renewal plan that provides for a division of taxes pursuant to ORS § 457.420 to 457.470 may be changed by substantial amendment no later than July 1, 1998, to include a maximum amount of indebtedness that may be issued or incurred under the plan determined as described in subparagraph (B) of this paragraph. The additional notices required under ORS § 457.120 are not required for an amendment adopted pursuant to this paragraph.
(B) The maximum amount of indebtedness that may be issued or incurred under the plan, as determined for purposes of meeting the requirements of this paragraph, shall be based upon good faith estimates of the scope and costs of projects, including but not limited to increases in costs due to reasonably anticipated inflation, in the existing urban renewal plan and the schedule for their completion as completion dates were anticipated as of December 5, 1996. The maximum amount of indebtedness shall be specified in dollars and cents.
(C) Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not adopted for an existing urban renewal plan as described in this paragraph before July 1, 1998, the urban renewal agency may not collect funds under ORS § 457.435.
(4) For an urban renewal plan initially approved on or after January 1, 2010, other than for a large metropolitan plan as defined in ORS § 457.470, the initial maximum indebtedness that may be issued or incurred under the plan shall be established as follows:
(a) If the total assessed value in the certified statement under ORS § 457.430 is less than or equal to $50 million, the initial maximum indebtedness may not exceed $50 million.
(b) If the total assessed value in the certified statement is more than $50 million and less than or equal to $150 million, the initial maximum indebtedness may not exceed $50 million plus 50 percent of the total assessed value in the certified statement that is over $50 million.
(c) If the total assessed value in the certified statement exceeds $150 million, the initial maximum indebtedness may not exceed $100 million, plus 35 percent of the total assessed value in the certified statement that is over $150 million.
(d) Beginning July 1, 2010, the dollar limits set forth in this subsection may be increased on July 1 of each year by the index used in the urban renewal report to compute the future costs of projects that will be financed under the plan.
(e) The limits in this subsection do not apply if the agency obtains concurrence as provided in ORS § 457.470. [1957 c.456 § 14; 1991 c.459 § 333; 1997 c.541 § 446; 2007 c.606 § 12; 2009 c.700 § 1]
Section 335e, chapter 459, Oregon Laws 1991, provides:
Notwithstanding ORS § 457.190, an urban renewal agency may issue bonded indebtedness to undertake an urban renewal project to carry out an urban renewal plan if, prior to September 29, 1991, a written contract or other written agreement for the project was made, the instrument setting forth the contract or agreement was executed and the parties were bound. The urban renewal agency of the municipality may use any of the money available to it from the issuance of the bonds for carrying out the project in accordance with the contract or agreement. [1991 c.459 § 335e; 1997 c.541 § 446a]