Oregon Statutes 457.435 – Property tax collection methods for existing plans; special levies
(1) For each existing urban renewal plan that includes a provision for a division of ad valorem taxes under ORS § 457.420 to 457.470, the municipality that activated the urban renewal agency that is carrying out the plan shall adopt an ordinance choosing one of the options listed in subsection (2) of this section as the method of collecting ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the plan as permitted by section 11 (16), Article XI of the Oregon Constitution.
Terms Used In Oregon Statutes 457.435
- 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.
- Certified statement: means the statement prepared and filed pursuant to ORS § 457. See Oregon Statutes 457.010
- 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
- Increment: means that part of the assessed value of a taxing district attributable to any increase in the assessed value of the property located in an urban renewal area, or portion thereof, over the assessed value specified in the certified statement. 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Urban renewal area: means a blighted area included in an urban renewal plan or an area included in an urban renewal plan under ORS § 457. See Oregon Statutes 457.010
(2) The options referred to in subsection (1) of this section are as follows:
(a) Option One: To collect amounts sufficient to pay the obligations, as budgeted for the plan, from ORS § 457.440, and if the amount estimated to be received from ORS § 457.440 is not sufficient to meet the budgeted obligations of the plan for the tax or fiscal year, to make a special levy in the amount of the remainder upon all of the taxable property of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan.
(b) Option Two: To make a special levy in the amount stated in the notice given under ORS § 457.440 (2) upon all of the taxable property of the municipality that activated the urban renewal agency, and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan.
(c) Option Three: To collect an amount equal to the amount stated in the ordinance adopted as provided in subsection (1) of this section by dividing the taxes pursuant to ORS § 457.440, and to make a special levy upon all of the taxable property of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but within an urban renewal area of the plan. The county assessor shall adjust the amount of the total assessed value included in the certified statement filed under ORS § 457.430 so that the amount collected by dividing the taxes pursuant to ORS § 457.440 does not exceed the amount stated in the ordinance to be collected by dividing the taxes pursuant to ORS § 457.440.
(3)(a) The total amount obtained under an option listed in subsection (2) of this section for any plan shall not exceed the maximum amount that could have been certified to the assessor for the plan under ORS § 457.440 (1995 Edition) for the tax year beginning July 1, 1997.
(b) For each tax year beginning after the 1997-1998 tax year, the limitation of paragraph (a) of this subsection shall be adjusted by a percentage change equal to the percentage change in the increment within the urban renewal area from the preceding year.
(4)(a) The ordinance choosing the option referred to in subsection (1) of this section shall be adopted no later than July 1, 1998, and shall be applicable for tax years beginning on or after July 1, 1998. If not so adopted, the municipality shall be considered to have chosen Option One as its method of collection of ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the existing urban renewal plan. An option, once chosen, may not be changed to another option. In addition, if Option Three is chosen, the amount specified in the ordinance choosing the option to be collected by dividing the taxes pursuant to ORS § 457.440 shall not be changed by subsequent ordinance or amendment to the certified statement.
(b) The option chosen, together with the particulars of the option, including but not limited to any limit on the amount to be received from ORS § 457.440, shall be reflected in the notice filed by the urban renewal agency with the county assessor.
(5)(a) The county assessor, or county assessors if the taxable property is in more than one county, shall extend the special levy against all of the taxable property of the municipality that activated the urban renewal agency and all of the taxable property lying outside the municipality but included in an urban renewal area of the plan.
(b) Any amounts collected from special levies made under this section shall be paid into the special fund or funds of the urban renewal agency referred to in ORS § 457.440 (6) and shall be used to pay the principal and interest to finance or refinance the existing urban renewal plan or plans of the urban renewal agency.
(6) This section applies to existing urban renewal plans with respect to principal and interest on indebtedness until the indebtedness is fully paid or it is found that deposits in the special fund are sufficient to pay the principal and interest on the indebtedness issued or incurred under the existing urban renewal plan.
(7) Nothing in this section shall prevent the funding of urban renewal indebtedness as provided under ORS § 457.440. [1997 c.541 § 454; 1999 c.579 § 32]