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05/16/2005 - Packet AGENDA AAA City of Tigard CamnnntyDez&pnerd ShapingA Better Camnapty TIGARD PLANNING COMMISSION MAY 16, 2005 7:00 p.m. TIGARD CIVIC CENTER-TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. URBAN RENEWAL PROCESS TRAINING WITH THE CITY ATTORNEY 6. JOINT MEETING WITH THE PLANNED DEVELOPMENT REVIEW COMMITTEE 7. OTHER BUSINESS 8. ADJOURNMENT • • CITY OF TIGARD TIGARD PLANNING COMMISSION ROLL CALL HEARING DATE: J -vS STARTING TIME: ED-1-)r COMMISSIONERS: MARK PADGETT (PRESIDENT) MARTY ANDERSON GRETCHEN BUEHNER REX CAFFALL TEDDI DULING BILL HAACK JODIE INMAN KATHY MEADS JUDY MUNRO (VICE-PRESIDENT) DAVID WALSH, ALTERNATE STAFF PRESENT: DICK BEWERSDORFF JIM HENDRYX MORGAN TRACY ✓ BARBARA SHIELDS MATT SCHEIDEGGER JULIA HAJDUK GARY PAGENSTECHER / DUANE ROBERTS KIM MCMILLAN BETH ST. AMAND GUS DUENAS • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes May 16, 2005 1. CALL TO ORDER Vice-President Munro called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: Vice-President Munro, Commissioners Anderson, Buehner, Caffall, Inman, and Meads. Also present was David Walsh, Commission alternate. Commissioners Absent: President Padgett; Commissioners Duling and Haack Staff Present: Dick Bewersdorff, Planning Manager; Barbara Shields, Planning Manager; Duane Roberts, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS Commissioner Buehner reported that the Transportation Financing Committee will go to Council in July with their recommendation on a gas tax. Commissioner Meads advised that the Park and Recreation Board met last week and received input from the public on properties to purchase with SDC and General Fund money. She noted that Dennis Koellermeier discussed putting options on property—the City may not want to get involved with options if they may lose money when an option falls through. The Board will meet with Council tomorrow night to go over their presentation that is going out to the community. They are seeking more feedback on a survey that was done a year ago. Vice-President Munro reported on the Downtown Task Force open house. They are positive about the feedback they received and the support of our partners. The Task Force had a presentation and update from the Skateboard Park Committee. Munro advised that Clean Water Services is looking at using recycled water for water features in the Downtown (fountains, etc.). It was reported that the City has received an extension of the TGM grant until the end of September to accommodate the public involvement process. Barbara Shields advised that there is a revised Council schedule for the Downtown Improvement Plan. The Planning Commission will be invited to attend the joint meetings with Council. Shields will provide a copy of the revised schedule. PLANNING COMMISSION MEETING MINUTES—May 16,2005—Page 1 • • 4. APPROVE MEETING MINUTES It was moved and seconded to approve the May 2, 2005 meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioner Caffall abstained. 5. URBAN RENEWAL PROCESS TRAINING WITH THE CITY ATTORNEY Before the training, Planning Manager Barbara Shields gave a brief introduction on the implementation phase of the Downtown Improvement Plan leading into urban renewal (Exhibits A-C). She advised that following the TGM grant program, the Downtown Task Force will be divided into 3 advisory groups (Brand Tigard, Catalyst, and Land Use Regulations). The Catalyst group will work very closely with the Urban Renewal Advisory Commission. The Council has asked for a Planning Commission liaison between the Planning Commission, the Council, and the Advisory Commission. Commissioner Buehner volunteered, however, there were several Commissioners absent, so they will also be polled before the liaison is selected. City Attorney Gary Firestone discussed the basics of urban renewal, including governance, the role of the Planning Commission, and tax increment financing (Exhibit D). He advised that City Council is Tigard's Urban Renewal Agency and will draft and administer the urban renewal plan. The Advisory Commission will. provide input and make recommendations to the Agency on development and implementation of an urban renewal plan. Once an urban renewal plan is drafted and proposed by the Urban Renewal Agency, it goes to the Planning Commission and taxing entities for review. The Planning Commission will then make a recommendation to Council. Another potential role for the Planning Commission could be after the urban renewal plan is adopted if there will be zone text changes. In Tigard, if an urban renewal plan includes tax increment financing, it must be approved by the voters. Any major changes to the approved urban renewal plan would require going through the process again. Firestone noted that the County is also looking at urban renewal that may include portions of Tigard. Anything in Tigard would require voter approval. Staff expects the Planning Commission to review the proposed urban renewal plan in September or October. 6. JOINT MEETING WITH THE PLANNED DEVELOPMENT REVIEW COMMITTEE Planned Development Review Committee members present: Alice Ellis Gaut, Ron Ellis Gaut, Sue Beilke, John Frewing, and Charles Schwartz Commissioner Buehner led the discussion on the draft recommendations of the Planned Development Review Committee (Exhibit E). She advised that Council PLANNING COMMISSION MEETING MINUTES—May 16,2005—Page 2 • • had asked the committee to look at the Development Code and make recommendations. The committee is looking for feedback from the Planning Commission. They will be meeting with Council in July or August. Buehner said the committee came up with the concept of a "toolbox" of ideas and concepts for applicants to use when developing PDs and the Planning Commission to use when considering a PD. The list of recommendations was reviewed (Exhibit E). The Planning Commission had the following comments/questions/suggestions: > Architectural detail & diversity— how will this be implemented? Architecture is very subjective; could the Planning Commission accurately review architecture? John Frewing responded by saying the concept of planned development is to provide some kind of enhanced living arrangement over and above applying subdivision rules. One of the things to look at could be architecture detail diversity. > How would you tie in these newer diverse styles with existing "box-type" neighborhoods? This would be one of the issues to consider with transition. > Commissioner Caffall likes the idea of special zones for wetlands and thinks it should be pursued. He believes the City should do an environmental impact study for the Downtown. Sue Beilke advised that there has never been a complete inventory of wetland delineation in the City. > There needs to be uniformity for PDs. > There shouldn't be an architectural review board based on a certain group of people deciding what kind of housing there should be. The Committee would like to see the general style of housing addressed on the PD application. > The Committee would like to encourage green streets and green buildings (more permeable). > Commissioner Inman commended the Committee on their positive recommendations. She likes #8 (enhance the neighborhood meeting process). > For#5, terminology of concept vs. detail is confusing; suggested using "conventional subdivision shadow plat vs. a PD shadow plat". It was suggested the concept plan be submitted at a different time than the detail plan. > For#4, the terminology "the developer/applicant should address how their project achieved the following principles" —does this mean they have to address each of the principles listed? Suggest using the word "consider" instead of"address". > Commissioner Meads likes the idea of pathways through developments. > For#3, sounds restrictive. Suggest offering more explanation. It was also suggested to get opinions of surrounding neighborhoods. > Suggested using #2 and #3 together to do some sort of transition. > For#3, suggest using the word complementary vs. consistent. > For#4 (public amenities), if there's an open space created, why couldn't that be a public amenity? > Vice-President Munro suggested the Committee have a focus group of developers review the toolbox and provide input. PLANNING COMMISSION MEETING MINUTES—May 16,2005—Page 3 • • The Committee has asked the City where Tigard is as far as density requirements. Staff responded that there is no way to determine this until the Comprehensive Plan update is done. Citywide, the density requirement is 10 units per acre. The Committee will meet during the first week in June and start putting some rough code language together. They would like to take something to Council in either July or August. 7. OTHER BUSINESS None 8. ADJOURNMENT The meeting adjourned at 9:10 p.m. 1 Jerree Gaynor, Pl.nning d•mmission Secretary 421 ax..4...d. 4.tor...44-ft4--- ATT : Vic President Judy Munro PLANNING COMMISSION MEETING MINUTES—May 16,2005—Page 4 EX A- Downtown Task Force v • Tigard Downtown Improvement Plan Pouociatior?for lrti/e rotation Council reviews the TD/P,provides , direction for Plan Implementation. a N. D 0 l7 i Brand Land IC atalyst: Urban Renewal Q o Tigard: Use Reg. Function Advisory • Design (Owners) Comma lion Jc 0 L ti Focus: Now-5 yrs Focus: 1-3 yrs. Focus: 1-20 yrs. o Q �„ Available govt. Comp.Plan, Committed funding C 3 funding for projects; Zoning Code sources;i.e.,Urban o •v appearance Amendments; Renewal; tc v Design Standards Lame-scale nroiects c v E c July 2005 Downtown Task Force u° Meets Quarterly • • D a v [J; r � o D uff 0 Gr4IJ Program Element Timeline Election Day May 91 .9 .0. Adopt Ballot Measure Jan — Feb 06 Prepare Urban Renewal Plan July — Nov 05 Develop Public Involvement Program May — June 05 Establish Commission & Board May — June 05 Recruit & Select UR Plan & April — May 05 UR Outreach Consultants 0 Developing the Urban Renewal Plan E in P 9 c, Citizens Decide May 2006 Ballot Measure 4 City Council Reviews/Adopts Urban Renewal Plan Reviews/Adopts Ballot Measure Asking Voters to Approve Urban Renewal as Funding Tool 4 Planning Commission Reviews Urban Renewal Plan Makes Recommendation to City Council 4 City Center Development Agency Reviews Urban Renewal Plan Makes Recommendation to Planning Commission and City Council 4 C52y Cc n2eT AchAsoFy Comm5ssaoo Oversees Urban Renewal Plan Development Reviews Urban Renewal Plan ` Makes Recommendation to CCDA Downtown Plan Consultants Public Involvement *Catalyst + Brand y *Produce Draft UR 10 *Open Houses Tigard Projects, Plan and Public *Comment, Input Land Use Involvement Plan • • �� . Basic Concepts URBAN RENEWAL BASICS • Urban renewal is a statutory process intended to allow local governments to plan improvements to"blighted"areas and to implement those plans • Tax increment financing is a major part of Gary Firestone urban renewal Ramis Crew Et Corrigan - The Urban Renewal Agency gets tax proceeds from the increase in property value within the urban renewal area after the urban renewal plan is adopted Establishment of Urban Renewal Agency Tigard History • ORS 457.035 established an "urban renewal • Tigard had an urban renewal agency and agency"in each city and county adopted urban renewal plan before the • The urban renewal agency is dormant unless voters terminated the plan and imposed activated by the local governing body by a apprter amendments requiring voter y g g y y approval in 1983. non-emergency ordinance declaring that • The City then reactivated the urban renewal blighted areas exist and that there is a need agency, but the plan developed at that time for an urban renewal agency was not adopted • The Council is slated to take action to resuscitate the urban renewal agency on May 10, 2005 Governance Tigard Governance • The local government can establish any • The existing code provides that the Council of the following as the urban renewal serves as the urban renewal agency, and we agency: expect that to remain unchanged - The governing body of the jurisdiction - The housing authority of the jurisdiction • The City has established an advisory commission to provide input into the urban - An appointed board or commission of at renewal agency on development and least three members(ORS 457.045) implementation of an urban renewal plan 1 • • • • Urban Renewal Plan Voter Approval • The urban renewal agency is responsible for • In Tigard, the voters must also approve any developing an urban renewal plan urban renewal plan that could involve tax - It considers input from the Advisory Commission in increment financing or tax levies outside the developing the plan it proposes to the Council • The urban renewal plan proposed by the urban urban renewal district(Charter Sections 47, renewal agency is reviewed by the Planning 48) Commission and affected taxing jurisdictions,each of which submits a recommendation or comments to the Council,which decides whether to adopt the plan Planning Commission Role Planning Commission Role After Plan Adoption • The Planning Commission reviews the urban • After adoption of an Urban Renewal renewal plan proposed by the urban renewal Plan, the Planning Commission may be agency and makes a recommendation to Council on the proposed plan (ORS asked for its recommendation to 457.085(4)) Council on zone or text changes to • The Planning Commission presumably makes allow development in urban renewal its recommendation based on the same areas as part of its normal planning criteria the Council may consider,which responsibilities include conformity with the Comprehensive Plan (ORS 457.095) Plan Contents Plan Projects • Description of area, including zoning • Urban renewal plan projects are typically • Planned projects of two types: 1. Public improvements and amenities,such as • Funding of plan projects roads,sidewalks,plazas,parking garages, • Relocation of persons and businesses transit malls/stations. 2. Private development/redevelopment,which • Financial analysis and fiscal impact may include public condemnation and eventual statement (ORS 457.085) transfer to a private entity for redevelopment. o Note that this may raise prevailing wage issues 2 • • • Financing Tax Increment Financing • Urban renewal agencies may borrow, • Tax increment financing is the main reason but the plan must set a debt limit any jurisdiction uses Urban Renewal - Local government may issue bonds • The concept is that the urban renewal • Possible sources of funds include projects will lead to increased property federal, state, local and private grants values, and that the taxes generated from • Most typical funding source is tax those increased property values should pay increment financing (referred to in the for the urban renewal projects statutes as "division of taxes" How Tax Increment Financing Tigard Issues Works • • After the adoption of the plan, property • No urban renewal plan that includes taxes within the plan area are divided into tax increment financing may be two separate components - 1-The tax on the value of the property at the implemented in Tigard without voter time the tax was adopted is distributed among approval the various taxing jurisdictions as any other property tax • Any urban renewal plan that results in - 2-The tax on any assessed value greater than the levying of a tax on properties the value at the time the plan was adopted goes outside the urban renewal area is also to the urban renewal agency •Some urban renewal agencies receive enormous subject to voter approval/rejection amounts of tax proceeds(bare land to regional mall) Current Possibilities • Both the City and the County are considering urban renewal - The City is considering downtown and Washington Square areas - The County is considering commuter rail corridor areas •The County plan is subject to City approval, including voter approval,as to portions within the City 3 • e)(. C MEMORANDUM TO PLANNING COMMISSION FROM:PLANNED DEVELOPMENT REVIEW COMMITTEE DATE: 5/12/05 RE: DRAFT COMMITTEE RECOMMENDATIONS The Planned Development Review Committee has been meeting since April, 2004 to review and make recommendations regarding changes to ordinances governing planned developments. The committee met on May 4,2005 and orally agreed on draft recommendations that the committee wants to discuss with the planning commission. Due to Morgan Tracy's absence for his wedding, Gretchen Buehner prepared minutes and the revised draft of recommendations. Individual committee members may have additional recommendations. After the meeting with planning commission, the committee will meet in early June to give direction for implementation of committee recommendations into draft ordinances. The committee plans to meet with City Council with these draft ordinances at the July or August workshop meeting. The committee appreciates the opportunity to meet with and receive input from the planning commission on the draft recommendations. MAIN COMMITTEE RECOMMENDATIONS -applying directly to PC code 1. Create a toolbox of ideas and concepts for Planning Commission and applicants to use to develop and assess the merits of proposed PD's. (You have a copy of the draft Morgan prepared before he left). 2. Create a method to transition lot sizes 3. Ensure the new development is consistent with the surrounding neighborhood(to the extent practicable in light of changing density requirements) 4. Place burden on applicant to demonstrate that a PD is a"better" solution. The developer/applicant should address how their project achieved the following principles: Housing stock diversity? Architectural Detail and Diversity? Pedestrian Amenities? Improved Public Safety? Accommodates Children and/or seniors? Sustainable Development? Preservation of significant natural resources? Integration with the existing neighborhood? 5. Clearly separate the concept from the detail plan. 6. Open space as a mandatory requirement, some portion to functional for humans. 7. Promote sustainable development, including storm water. 8. Enhance the neighborhood meeting process. 9. Encourage general additional amenities. • • 10. Develop standards that will promote walkable neighborhoods. 11. Density as a function of design excellence. 12. Re-zone to reduce density and delete unbuildable land such as CWS facilities from buildable land survey(see policy recommendations below) 13. Limit Density bonuses. 14. Limit Density transfers. 15. Application should address all of the criteria set forth in the tool box COMMITTEE SIDE RECOMMENDATIONS -relate to other code provisions or policy issues 1. Establish a mechanism for collecting a funding an open space acquisition program a. General Obligation Bonds b. Local Assessment Districts c. Create a fee in lieu program for transfers and consolidation of open spaces, don't use park SDC's for park acquisition 2. Establish an Open Space Network Master Plan to identify general areas where open space should be accepted by the city,rather than on an ad hoc basis. Alternatively, create a new zone or pass an ordinance authorizing either the Planning Commission or Parks Board to decide matters of public land acceptance. If donating land,the applicant or staff should prepare an estimate of the annual costs associated with maintenance and insurance for the property. 3. Revisions to the Tree Code to impose a more specific standard set of protection guidelines 4. Possible revisions to street and utility improvement section(TDC 18.810)to allow for other types of public,and/or develop standards for private streets, such as requiring green private streets. 5. Work with CWS to expand allowable uses in buffer areas on a site specific basis, namely passive recreation uses such as trails,signs,pedestrian bridges, seating,viewing blinds, observation decks, handicapped facilities,drinking fountains,picnic tables, interpretative facilities, and similar facilities. Also work to see if an alternative to fencing off an area can be found to clearly demarcate a sensitive area. Such ideas could include a road or driveway that separates the lots, low totems,rockery walls,all with appropriate signage. 6. Include in reports from Planning Commission appeals to Council, a summary of deliberations during the hearing. Meeting minutes are insufficient. 7. Open space issues. a. Look at policy of not accepting dedication of small parcels. All "undisturbed natural areas should be in public ownership. (No access to site, except for authorized personnel. No maintenance. This would apply to areas where there are endangered species,which need absolute freedom from any disturbance freedom from any disturbance. b. Review policy of open space in private v. public ownership. c. Create a zone for open space. d. Development should not allow density transfers for open space. e. Open space types I. Minimal Use Facilities for recreation, limited to soft-surface trails,which are minimally maintained. No other facilities would be allowed. ii. Passive Use Recreational Facilities. Facilities for recreational uses related to the functions and values of an natural area that require limited and low impact site improvement, including soft-surface trails, signs,pedestrian bridges, seating viewing blinds, observation decks,handicapped facilities, drinking fountains,picnic tables, interpretative facilities and similar facilities. iii. Active Use Recreational Facilities. Facilities for recreational uses that tend to be more organized and/or that require a greater degree of site development and conversion of natural area, including sports fields,playground equipment,group picnic shelters,hard surface pathways,permanent restrooms,accessory parking lots and similar facilities. 8, Reduce storm water runoff in PD's. • • PLANNED DEVELOPMENT REVIEW COMMITTEE May 4, 2005 Draft Meeting Minutes 1. Attendance The meeting was brought to order at 7:05 pm. In attendance: Sue Belike, Alice Ellis-Gaut, Ron Ellis-Gaut, John Frewing, Charles Schwarz, David Walsh and Gretchen Buehner. Absent: Bill Mc Monagle. Staff: None in attendance. Minutes prepared by Gretchen Buehner. 2. Open Space Discussion There was a long discussion of proposed revisions to the open space discussion in the draft "Planning Commissioners' Toolbox". Written suggestions were submitted by members John Frewing, Sue Belike and Gretchen Buehner. The committee agreed that the following ideas be incorporated into section. The "Open Space" Definition should include a minimal use recreational facility, which would limit development for recreation to soft-surface trails, to be minimally maintained. This type would be appropriate for steep slope open space areas where any significant development is inappropriate. Undisturbed Natural Area. There would be no access to site except for authorized personnel. This would be appropriate where there is high quality wild life habitat, special natural features. 3. Committee Recommendations The committee reviewed the draft Main and Side Recommendation lists prepared by Morgan. On the main list the committee approved items 1 throughl 1, and revised items 12, 14 and 15. A revised list is attached. On the side list, the committee approved revisions to items 1 through 6. The committee also included a list of policy items which should be included in the revised code. 3. Discussion of Planning Commission Joint Meeting There was a brief discussion of strategies to be used in making the presentation to the planning commission at its May 16 meeting. Gretchen Buehner agreed to write up the notes from the meeting for discussion at the planning commission meeting. 4. Next Meeting 5/16 Joint meeting with planning commission 6/7 Next committee meeting The meeting was adjourned at 9:05 pm. Chapter 457 — Urban Renewal • 4g - ,de S Page 1 of 18 The text appearing in this database was produced from material provided by the Legislative Counsel Committee of the Oregon Legislative Assembly. The official record copy is the printed published copy of the Oregon Revised Statutes. The text in the database is not the official text of Oregon law. Although efforts have been made to match the database text to the official legal text they represent, substantive errors or differences may remain. It is the user's responsibility to verify the legal accuracy of all legal text. The Legislative Counsel Committee claims copyright protection in those parts of Oregon Revised Statutes that are legally subject to copyright protection. The State of Oregon is not liable for any loss or damage resulting from errors introduced into the materials supplied by the Legislative Counsel Committee, by a user or any third party, or resulting from any defect in or misuse of any search software, drivers or other equipment. Hint: Use your browser's Find feature (usually found in the Edit menu) to get to a section more quickly. Chapter 457—Urban Renewal 2003 EDITION URBAN RENEWAL PUBLIC HEALTH AND SAFETY GENERAL PROVISIONS 457.010 Definitions 457.020 Declaration of necessity and purpose 457.025 Powers supplemental to other laws URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.035 Urban renewal agencies; creation; ordinance to exercise powers;jurisdiction 457.045 Election of method of exercise of urban renewal agency's powers 457.055 Transfer of agency powers 457.065 Advisory board for housing authority acting as urban renewal agency 457.075 Termination of urban renewal agency 457.085 Urban renewal plan requirements; accompanying report; contents; approval required http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 2 of 18 457.095 Approval of plan by ordinance; required contents of ordinance; notice 457.105 Approval of plan by other municipalities 457.115 Manner of newspaper notice 457.120 When additional notice required; to whom sent; content; notice by publication 457.125 Recording of plan upon approval 457.135 Conclusive presumption of plan validity 457.160 Exception to plan requirements for disaster areas 457.170 Urban renewal agency's powers in planning or undertaking an urban renewal project 457.180 Powers of urban renewal agencies in general 457.190 Acquisition of funds by urban renewal agency; maximum amount of indebtedness Note Bonded indebtedness if project agreed to prior to September 29, 1991--1991 c.459 §335e 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of powers and functions 457.220 Plan amendment; limit on additional land 457.230 Disposition of land in urban renewal project; determination of value; obligations of purchaser or lessee; recordation 457.240 Tax status of land leased under an urban renewal plan 457.320 Municipal assistance under plan; assumption by agency of general obligation bond payments of municipality TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS 457.420 Plan may provide for division of property taxes; limits on land area 457.430 Certification of assessed value of property in urban renewal area; amendment 457.435 Property tax collection methods for existing plans; special levies 457.437 Consultation with municipalities; resolution requirements 457.440 Computation of amounts to be raised from property taxes; notice; rules 457.450 Notice to tax assessor; provision for debt retirement; distribution of remaining tax increment funds 457.460 Financial report required for agency; contents; notice GENERAL PROVISIONS http://Iandru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 3 of 18 457.010 Definitions. As used in this chapter, unless the context requires otherwise: (1) `Blighted areas"means areas that, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions: (a) The existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of those uses, that are unfit or unsafe to occupy for those purposes because of any one or a combination of the following conditions: (A) Defective design and quality of physical construction; (B) Faulty interior arrangement and exterior spacing; (C) Overcrowding and a high density of population; (D) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or (E) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; (b)An economic dislocation, deterioration or disuse of property resulting from faulty planning; (c) The division or subdivision and sale of property or lots of irregular form and shape and inadequate size or dimensions for property usefulness and development; (d) The laying out of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; (e) The existence of inadequate streets and other rights of way, open spaces and utilities; (f) The existence of property or lots or other areas that are subject to inundation by water; (g) A prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered; (h) A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to the public health, safety and welfare; or (i)A loss of population and reduction of proper utilization of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere. (2) "Certified statement"means the statement prepared and filed pursuant to ORS 457.430 or an amendment to the certified statement prepared and filed pursuant to ORS 457.430. (3) "City" means any incorporated city. (4)"Consolidated billing tax rate"means: (a)If the urban renewal plan is an existing urban renewal plan(other than an existing urban renewal plan designated as an Option Three plan under ORS 457.435 (2)(c)) or an urban renewal plan adopted on or after October 6, 2001, the total of all district tax rates used to extend taxes after any adjustment to reflect tax offsets under ORS 310.105, but does not include any rate derived from: (A) Any urban renewal special levy under ORS 457.435; (B)A local option tax, as defined in ORS 280.040, that is approved by taxing district electors after October 6, 2001; or (C)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 section 11 (5), Article XI of the Oregon Constitution), as defined in ORS 310.140, that is approved by taxing district electors after October 6, 2001; and (b)In the case of all other urban renewal plans,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, except that"consolidated billing tax rate" does not include any urban renewal special levy rate under ORS 457.435. (5)(a) "Existing urban renewal plan" means an urban renewal plan that provides for a division of ad valorem property taxes as described under ORS 457.420 to 457.460 adopted by ordinance before December 6, 1996, that: (A)Except for an amendment made on account of ORS 457.190 (3) and subject to paragraph (b)of this subsection, is not changed by substantial amendment, as described in ORS 457.085 (2)(i)(A) or(B), on or after December 6, 1996; and (B) For tax years beginning on or after July 1, 1998, includes the limit on indebtedness as described in ORS 457.190 (3). http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 4 of 18 (b) If, on or after July 1, 1998, the maximum limit on indebtedness (adopted by ordinance before July 1, 1998, pursuant to ORS 457.190) of an existing urban renewal plan is changed by substantial amendment, then"indebtedness issued or incurred to carry out the existing urban renewal plan" for purposes of ORS 457.435 includes only the indebtedness within the indebtedness limit adopted by ordinance under ORS 457.190 (3)(c)before July 1, 1998. (6) "Fiscal year"means the fiscal year commencing on July 1 and closing on June 30. (7) "Governing body of a municipality"means, in the case of a city,the common council or other legislative body thereof, and, in the case of a county, the board of county commissioners or other legislative body thereof. (8) "Housing authority" or"authority" means any housing authority established pursuant to the Housing Authorities Law. (9) "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. (10) "Maximum indebtedness" means the amount of the principal of indebtedness included in a plan pursuant to ORS 457.190 and does not include indebtedness incurred to refund or refinance existing indebtedness. (11) "Municipality"means any county or any city in this state. "The municipality" means the municipality for which a particular urban renewal agency is created. (12) "Taxing body" or"taxing district" means the state, city, county or any other taxing unit which has the power to levy a tax. (13) "Urban renewal agency" or"agency" means an urban renewal agency created under ORS 457.035 and 457.045. (14) "Urban renewal area" means a blighted area included in an urban renewal plan or an area included in an urban renewal plan under ORS 457.160. (15) "Urban renewal project" or"project" means any work or undertaking carried out under ORS 457.170 in an urban renewal area. (16) "Urban renewal plan" or"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 457.085, 457.095, 457.105, 457.115, 457.120, 457.125, 457.135 and 457.220. [Amended by 1957 c.456 §1; 1969 c.225 §1; 1979 c.621 §10; 1991 c.67 §128; 1991 c.459 §330; 1997 c.541 §442; 1999 c.21 §76; 1999 c.579 §25; 2001 c.477 §1; 2003 c.621 §1O6] Note: The amendments to 457.010 by section 106, chapter 621, Oregon Laws 2003, apply to tax years beginning on or after July 1, 2004. See section 106a, chapter 621, Oregon Laws 2003. 457.020 Declaration of necessity and purpose. It hereby is found and declared: (1) That there exist within the state blighted areas. (2) That such areas impair economic values and tax revenues. (3) That such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health, safety and welfare, fire and accident protection and other public services and facilities. (4) That certain blighted areas may require acquisition and clearance since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may be susceptible of conservation or rehabilitation in such manner that the conditions and evils mentioned in subsections(1), (2) and (3) of this section may be eliminated, remedied or prevented and that such areas should, if possible, be conserved and rehabilitated through appropriate public action and the cooperation and voluntary action of the owners and tenants of property in such areas. (5) That the acquisition, conservation, rehabilitation, redevelopment, clearance, replanning and preparation for rebuilding of these areas, and the prevention or the reduction of blight and its causes, are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern. (6) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled,the street or lot layouts or other conditions prevent a proper development of the land, and that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain and made available for sound http://Iandru.Ieg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 5 of 18 and wholesome development in accordance with a redevelopment or urban renewal plan, and that the exercise of the power of eminent domain and the financing of the acquisition and preparation of land by a public agency for such redevelopment or urban renewal is likewise a public use and purpose. (7) That redevelopment and urban renewal activities will stimulate residential construction which is closely correlated with general economic activity; that undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in maintaining full employment. (8) That the necessity in the public interest for this chapter is a matter of legislative determination. [Amended by 1957 c.456 §2; 1979 c.621 §11] 457.025 Powers supplemental to other laws. The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law. [Formerly 457.110] 457.030 [Amended by 1957 c.456 §18; repealed by 1979 c.621 §28] URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.035 Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction. (1) In each municipality, as defined in ORS 457.010, there hereby is created a public body corporate and politic to be known as the "urban renewal agency" of the municipality. However, the urban renewal agency shall not exercise its powers until or unless the governing body of the municipality, by nonemergency ordinance, declares that blighted areas exist in the municipality and that there is need for an urban renewal agency to function in the municipality and elects to have the powers of an urban renewal agency exercised in any of the three ways provided in ORS 457.045. (2) An urban renewal agency, upon activation under subsection(1) of this section, shall have authority to exercise its powers within the same area of operation given a housing authority of the municipality under ORS 456.060. [Formerly 457.130] 457.040 [Repealed by 1979 c.621 §28] 457.045 Election of method of exercise of urban renewal agency's powers. The governing body of a municipality shall, in the ordinance adopted under ORS 457.035, elect to have the powers of an urban renewal agency under this chapter exercised in one of the following ways: (1)By a housing authority of the municipality established pursuant to the Housing Authorities Law in which case the name of the body corporate and politic shall be the "housing authority and urban renewal agency"of the municipality. (2)By appointing a board or commission composed of not less than three members. (3)By the governing body, itself, provided, however, that any act of the governing body acting as the urban renewal agency shall be, and shall be considered, the act of the urban renewal agency only and not of the governing body. [Formerly 457.140] 457.050 [Amended by 1953 c.230 §3; 1957 c.456 §19; repealed by 1979 c.621 §28] 457.055 Transfer of agency powers. At any time following adoption of the ordinance under ORS 457.035, or for urban renewal agencies activated before October 3, 1979, at any time following adoption of a proper resolution or ordinance of the governing body of the municipality, the governing body of a municipality may, by ordinance, transfer the authority to exercise the powers of the urban renewal agency to any other body authorized to exercise those powers under ORS 457.045. All duties and obligations of the urban renewal agency shall thereafter be assumed by the body to which those powers are transferred. [1979 c.621 §16 (enacted in lieu of 457.145)] 457.060 [Repealed by 1979 c.621 §28] http://Iandru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 6 of 18 457.065 Advisory board for housing authority acting as urban renewal agency. For the purpose of coordinating its activities and undertakings under this chapter with the needs and undertakings of other local organizations and groups, a housing authority exercising the powers of an urban renewal agency under ORS 457.045 shall establish an advisory board consisting of the chairperson of the authority, who shall be chairperson of the advisory board, and of sufficient members, to be appointed by the chairperson, to represent as far as practicable: (1)The general public and consumers of housing. (2) General business interests. (3)Real estate, building and home financing interests. (4)Labor. (5)Any official planning body in the locality. (6) Church and welfare groups. [Formerly 457.100] 457.070 [Repealed by 1979 c.621 §281 457.075 Termination of urban renewal agency. If the governing body of a municipality which has an urban renewal agency under ORS 457.035 finds that there no longer exists a need for an urban renewal agency in the municipality,the governing body shall provide, by ordinance, for a termination of the agency and a transfer of the agency's facilities, files and personnel to the municipality. The termination of an urban renewal agency shall not affect any outstanding legal actions, contracts or obligations of the agency and the municipality shall be substituted for the agency and, for the purpose of those legal actions, contracts or obligations, shall be considered a continuation of the urban renewal agency and not a new entity. No urban renewal agency shall be terminated under this section unless all indebtedness to which a portion of taxes is irrevocably pledged for payment under ORS 457.420 to 457.460 is fully paid. [1979 c.621 §6; 1991 c.459 §331; 1997 c.541 §443] 457.080 [Repealed by 1979 c.621 §28] 457.085 Urban renewal plan requirements; accompanying report; contents; approval required. (1)An urban renewal agency shall provide for public involvement in all stages in the development of an urban renewal plan. (2)An urban renewal plan proposed by an urban renewal agency shall include all of the following: (a)A description of each urban renewal project to be undertaken. (b)An outline for the development, redevelopment, improvements, land acquisition, demolition and removal of structures, clearance, rehabilitation or conservation of the urban renewal areas of the plan. (c)A map and legal description of the urban renewal areas of the plan. (d)An explanation of its relationship to definite local objectives regarding appropriate land uses and improved traffic,public transportation,public utilities,telecommunications utilities, recreational and community facilities and other public improvements. (e)An indication of proposed land uses, maximum densities and building requirements for each urban renewal area. (f)A description of the methods to be used for the temporary or permanent relocation of persons living in, and businesses situated in, the urban renewal area of the plan. (g)An indication of which real property may be acquired and the anticipated disposition of said real property, whether by retention, resale, lease or other legal use, together with an estimated time schedule for such acquisition and disposition. (h) If the plan provides for a division of ad valorem taxes under ORS 457.420 to 457.460, the maximum amount of indebtedness that can be issued or incurred under the plan. (i) A description of what types of possible future amendments to the plan are substantial amendments and require the same notice, hearing and approval procedure required of the original plan under ORS 457.095 as provided in ORS 457.220, including but not limited to amendments: (A) Adding land to the urban renewal area, except for an addition of land that totals not more than one percent of the existing area of the urban renewal area. (B) Increasing the maximum amount of indebtedness that can be issued or incurred under the plan. http://Iandru.Ieg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • Page 7 of 18 (j) For a project which includes a public building, an explanation of how the building serves or benefits the urban renewal area. (3)An urban renewal plan shall be accompanied by a report which shall contain: (a)A description of physical, social and economic conditions in the urban renewal areas of the plan and the expected impact, including the fiscal impact, of the plan in light of added services or increased population; (b)Reasons for selection of each urban renewal area in the plan; (c) The relationship between each project to be undertaken under the plan and the existing conditions in the urban renewal area; (d)The estimated total cost of each project and the sources of moneys to pay such costs; (e)The anticipated completion date for each project; (f) The estimated amount of money required in each urban renewal area.under ORS 457.420 to 457.460 and the anticipated year in which indebtedness will be retired or otherwise provided for under ORS 457.420 to 457.460; (g)A financial analysis of the plan with sufficient information to determine feasibility; (h)A fiscal impact statement that estimates the impact of the tax increment financing, both until and after the indebtedness is repaid, upon all entities levying taxes upon property in the urban renewal area; and (i) A relocation report which shall include: (A)An analysis of existing residents or businesses required to relocate permanently or temporarily as a result of agency actions under ORS 457.170; (B)A description of the methods to be used for the temporary or permanent relocation of persons living in, and businesses situated in, the urban renewal area in accordance with ORS 35.500 to 35.530; and (C)An enumeration, by cost range, of the existing housing units in the urban renewal areas of the plan to be destroyed or altered and new units to be added. (4)An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095. (5)An urban renewal plan and accompanying report shall be forwarded to the governing body of each taxing district affected by the urban renewal plan and the agency shall consult and confer with the taxing districts prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095. Any written recommendations of the governing body of each taxing district shall be accepted, rejected or modified by the governing body of the municipality in adopting the plan. (6)No urban renewal plan shall be carried out until the plan has been approved by the governing body of each municipality pursuant to ORS 457.095 and 457.105. [1979 c.621 §2; 1983 c.544 §1; 1987 c.668 §1; 1987 c.447 §130; 1991 c.459 §332; 1997 c.541 §444] 457.090 [Repealed by 1979 c.621 §28] 457.095 Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon receipt of a proposed urban renewal plan and report from the municipality's urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission recommendations, if any,may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate the plan by reference.Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption. The ordinance shall include determinations and findings by the governing body that: (1)Each urban renewal area is blighted; (2)The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; (3)The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; (4) Provision has been made to house displaced persons within their financial means in accordance with ORS http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal . • Page 8 of 18 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; (5)If acquisition of real property is provided for, that it is necessary; (6)Adoption and carrying out of the urban renewal plan is economically sound and feasible; and (7) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. [1979 c.621 §3; 1989 c.224 §121] 457.100 [Amended by 1979 c.621 §12; renumbered 457.065] 457.105 Approval of plan by other municipalities. In addition to the approval of a plan by the governing body of the municipality under ORS 457.095, when any portion of the area of a proposed urban renewal plan extends beyond the boundaries of the municipality into any other municipality and, in the case of a proposed plan by a county agency, when any portion of such area is within the boundaries of a city,the governing body of the other municipality may approve the plan and may do so by resolution, rather than by ordinance. A proposed plan for an urban renewal area which is wholly within the boundaries of a city, or which is wholly within the boundaries of a county and does not include any area within the boundaries of a city, must be approved only by the governing body of the municipality in accordance with ORS 457.095. [1979 c.621 §3a; 1987 c.668 §2] 457.110 [Renumbered 457.025] 457.115 Manner of newspaper notice.Notice of adoption of an urban renewal plan required under ORS 457.095 and notice of filing of an annual financial statement required under ORS 457.460 shall be published in the newspaper, as defined in ORS 193.010, having the greatest circulation in the municipality and which is published within the municipality. If no newspaper is published within the municipality, the required notice shall be published in the newspaper having greatest circulation within the municipality published nearest to the municipality. [1979 c.621 §3b] 457.120 When additional notice required; to whom sent; content; notice by publication. (1) In addition to any required public notice of hearing on a proposed urban renewal plan or substantial amendment or change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the municipality shall cause notice of a hearing by the governing body on a proposed plan for a new urban renewal area or on a proposed change containing one of the types of amendments specified in ORS 457.085 (2)(i)to be mailed to each individual or household in one of the following groups: (a) Owners of real property that is located in the municipality; (b)Electors registered in the municipality; (c) Sewer, water, electric or other utility customers in the municipality; or (d)Postal patrons in the municipality. (2)If the urban renewal area governed by the plan or substantial amendment thereof extends beyond the boundaries of the municipality, notice shall also be sent to each individual in the selected group who is located in the urban renewal area. (3) The notice required by this section shall contain a statement in plain language that: (a) The governing body, on a specified date, will hold a public hearing and consider an ordinance adopting or substantially amending an urban renewal plan; (b) The adoption or amendment may impact property tax rates; (c) States the proposed maximum amount of indebtedness that can be issued or incurred under the plan or amendment; (d) The ordinance, if approved, is subject to referendum; and (e)A copy of the ordinance, urban renewal plan and accompanying report can be obtained by contacting a designated person within the municipality. (4) If the municipality which activated the urban renewal agency is a county: (a) The notice required by subsection(1) of this section shall be sent to each individual or household in one of the groups listed in subsections (1)(a) to (d) of this section, except that the notice need be sent only to those individuals or households located in a school district with territory affected or to be affected by the tax increment financing for the http://landru.leg.state.or.us/ors/457.html • 5/10/2005 Chapter 457 - Urban Renewal • Page 9 of 18 new urban renewal area or proposed change. (b) In addition to the notice under paragraph(a) of this subsection, the county shall cause notice to be published in a paper of general circulation throughout the county. The published notice shall contain the information described in subsection(3) of this section, be published in an advertisement not less than three inches in height and three inches in width and be located in a general interest section of the newspaper other than the classified advertisement section. [1991 c.459 §335f; 1997 c.541 §445] Note: 457.120 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. 457.125 Recording of plan upon approval. A copy of the ordinance approving an urban renewal plan under ORS 457.095 shall be sent by the governing body of the municipality to the urban renewal agency. A copy of the resolution approving an urban renewal plan under ORS 457.105 shall be sent by the governing body of a municipality to the urban renewal agency. Upon receipt of the necessary approval of each municipality governing body, the urban renewal plan shall be recorded by the urban renewal agency with the recording officer of each county in which any portion of an urban renewal area within the plan is situated. [1979 c.621 §4] 457.130 [1957 c.456 §§4,5; 1979 c.621 §13; renumbered 457.035] . 457.135 Conclusive presumption of plan validity. After October 3, 1979, any urban renewal plan purported to be adopted in conformance with applicable legal requirements shall be conclusively presumed valid for all purposes 90 days after adoption of the plan by ordinance of the governing body of the municipality. No direct or collateral attack on the action may thereafter be commenced. [1979 c.621 §5] 457.140 [1957 c.456 §6; 1975 c.246 §1; 1979 c.621 §14; renumbered 457.045] 457.145 [1967 c.311 §2; repealed by 1979 c.621 §15 (457.055 enacted in lieu of 457.145)] 457.150 [1957 c.456 §8; repealed by 1979 c.621 §28] 457.160 Exception to plan requirements for disaster areas.Notwithstanding any other provisions of ORS chapters 455 and 456 or this chapter and ORS 446.515 to 446.547, where the governing body of a municipality certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the Governor has certified the need for disaster assistance under federal law, the governing body may declare a need for an urban renewal agency, if necessary, and may approve an urban renewal plan and an urban renewal project for such area without regard to the provisions requiring: (1) That the urban renewal plan conform to the comprehensive plan and economic development plan, if any, for the municipality as a whole. (2) That the urban renewal area be a blighted area. [1957 c.456 §15; 1979 c.621 §18; 1993 c.18 §114] 457.170 Urban renewal agency's powers in planning or undertaking an urban renewal project. An urban renewal agency may plan or undertake any urban renewal project to carry out an approved urban renewal plan. In planning or undertaking an urban renewal project, the urban renewal agency has the power: (1) To carry out any work or undertaking and exercise any powers which a housing authority is authorized to perform or exercise under ORS 456.055 to 456.235, subject to the provisions of this chapter provided, however, that ORS 456.155 and 456.160 do not limit the power of an agency in event of a default by a purchaser or lessee of land in an urban renewal plan to acquire property and operate it free from the restrictions in those sections. (2) To carry out any rehabilitation or conservation work in an urban renewal area. (3) To acquire real property, by condemnation if necessary, when needed to carry out the plan. (4) To clear any areas acquired, including the demolition, removal or rehabilitation of buildings and improvements. (5) To install, construct or reconstruct streets, utilities and site improvements in accordance with the urban renewal http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457— Urban Renewal • • Page 10 of 18 plan. (6) To carry out plans for a program of the voluntary repair and rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan. (7) To assist in relocating persons living in, and property situated in, the urban renewal area in accordance with the approved urban renewal plan and to make relocation payments. (8) To dispose of, including by sale or lease, any property or part thereof acquired in the urban renewal area in accordance with the approved urban renewal plan. (9) To plan, undertake and carry out neighborhood development programs consisting of urban renewal project undertakings in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this chapter for planning and carrying out urban renewal plans. (10) To accomplish a combination of the things listed in this section to carry out an urban renewal plan. [1957 c.456 §7; 1969 c.225 §2; 1969 c.539 §1; 1979 c.621 §19; 1995 c.79 §268] 457.180 Powers of urban renewal agencies in general. An urban renewal agency, in addition to its other powers, may: (1) Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements. (2) Make plans for the enforcement of laws, codes and regulations relating to: (a) The use of land. (b) The use and occupancy of buildings and improvements. (c) The repair, rehabilitation, demolition or removal of buildings and improvements. (3) Make plans for the relocation of persons and property displaced by an urban renewal project. (4) Make preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas. (5) Conduct preliminary surveys to determine if the undertaking and carrying out of an urban renewal project is feasible. (6) Develop,test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight. (7)Engage in any other housing or community development activities specifically delegated to it by the governing body of the municipality including but not limited to land acquisition and disposition, conservation and rehabilitation, residential or business relocation, construction, leasing or management of housing, and the making of grants and loans from any available source. [1957 c.456 §10; 1975 c.382 §1] 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. (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 slum 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 http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 11 of 18 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 457.460 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. [1957 c.456 §14; 1991 c.459 §333; 1997 c.541 §446] Note: Section 335e, chapter 459, Oregon Laws 1991, provides: Sec. 335e. Bonded indebtedness if project agreed to prior to September 29, 1991.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] 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of powers and functions. (1)Any state public body, as defined in ORS 456.305, shall have the same rights and powers to cooperate with and assist urban renewal agencies with respect to urban renewal projects that such state public body has pursuant to ORS 456.305 to 456.325 to cooperate and assist housing authorities with respect to housing projects in the same manner as though those sections were applicable to urban renewal agencies and projects under this chapter. (2)Any state public body, as defined in ORS 456.305, hereby is authorized to enter into agreements with any other public body, including an urban renewal agency, respecting action to be taken pursuant to any of the powers granted by this chapter, including, but not limited to, the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. (3)An urban renewal agency hereby is authorized to delegate any of its powers or functions to the municipality or other state public body, as defined in ORS 456.305, with respect to the planning or undertaking of an urban renewal project in the area in which such municipality or other state public body is authorized to act. The municipality, or other state public body to which the powers or functions are delegated hereby is authorized to carry out or perform such powers or functions. [1957 c.456 §11] 457.220 Plan amendment; limit on additional land. (1) Except for the provisions of subsection(2) of this section, an urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095. (2) Any substantial change made in the urban renewal plan shall, before being carried out, be approved and recorded in the same manner as the original plan. (3)No land equal to more than 20 percent of the total land area of the original plan shall be added to the urban renewal areas of a plan by amendments. [1957 c.456 §9; 1979 c.621 §20] 457.230 Disposition of land in urban renewal project; determination of value; obligations of purchaser or lessee; recordation. (1) The urban renewal agency shall, in accordance with the approved urban renewal plan, make land in an urban renewal project available for use by private enterprise or public agencies. Such land shall be made available at a value determined by the urban renewal agency to be its fair reuse value, which represents the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated http://Iandru.Ieg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 12 of 18 for the purposes specified in such plan. (2) To assure that land acquired in an urban renewal project is used in accordance with the urban renewal plan, an urban renewal agency, upon the sale or lease of such land, shall obligate purchasers or lessees: (a) To use the land for the purposes designated in the urban renewal plan. (b) To begin the building of their improvements within a period of time which the urban renewal agency fixes as reasonable. (3)Any obligations by the purchaser shall be covenants and conditions running with the land where the urban renewal agency so stipulates. (4)Any contract for the transfer of any interest in land by the urban renewal agency may be recorded in the land records of the county in which the land is situated in the same manner as any other contract for the transfer of an interest in land is recorded. [1957 c.456 §12; 1965 c.571 §1; 1967 c.312 §1] 457.240 Tax status of land leased under an urban renewal plan. Any property which the urban renewal agency leases to private persons as defined in ORS 174.100 under an urban renewal plan shall have the same tax status as if such leased property were owned by such private individuals or corporations. [1957 c.456 §13; 1983 c.327 §111 457.310 [1957 c.456 §16; repealed by 1979 c.621 §28] 457.320 Municipal assistance under plan; assumption by agency of general obligation bond payments of municipality. In addition to the other powers granted a municipality under this chapter, a municipality may exercise any of its powers otherwise provided by law to assist in the planning or the carrying out of an urban renewal plan. Without limiting the powers granted by the preceding sentence, a municipality may issue its general obligation bonds for the purpose of assisting in the planning or the carrying out of an urban renewal plan. The urban renewal agency of the municipality may assume payment of the general obligation bonds and may use any of the moneys available to it for that purpose. [1957 c.456 §17; 1979 c.621 §21] 457.410 [1961 c.554 §2; repealed by 1979 c.621 §28] TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS 457.420 Plan may provide for division of property taxes; limits on land area. (1) Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section 1 c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. Ad valorem taxes shall not be divided if there is no provision in the urban renewal plan for the division. (2)No plan adopted after October 3, 1979, shall provide for a division of ad valorem taxes under subsection(1) of this section if: (a)For municipalities having a population of more than 50,000, according to the latest state census: (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality. (b) For municipalities having a population of less than 50,000, according to the latest state census: (A) The assessed value for the urban renewal areas of the plan,when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided exceeds a figure equal to 25 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 13 of 18 municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of that municipality. (3) Property may not be included in more than one urban renewal area. [1961 c.554 §3; 1969 c.539 §2; 1971 c.544 §4; 1979 c.621 §24; 1991 c.459 §334; 1997 c.541 §447] 457.430 Certification of assessed value of property in urban renewal area; amendment. (1) As soon as practicable after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor of each county in which an urban renewal area is located shall prepare, in duplicate, a certified statement of the total assessed value, as shown on the county assessment roll last certified prior to the effective date of the ordinance approving the plan, of all of the taxable real and personal property contained in the urban renewal area in the county. (2) Wherever only a part of an urban renewal area is located in a taxing district, the assessor also shall show in the statement required by subsection (1) of this section the assessed value of the real and personal property in the part of the urban renewal area located in the taxing district. (3) One copy of the certified statement shall be filed by the assessor with the agency and the other copy shall constitute a part of the public records of the county assessor's office. (4) Whenever a part of an urban renewal area comes within the territory of a taxing district either by annexation, incorporation of a new taxing district or consolidation, after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor shall in the same manner as under subsection (3) of this section file a certified statement or an amendment to a certified statement to show the assessed value of the real and personal property in that part of the urban renewal area incorporated by annexation or consolidation into the taxing district. The assessed value of the real and personal property so incorporated shall be determined in the same manner and as of the same date as provided in subsections (1) and(2) of this section. (5) When a certified statement is filed as required by subsection(1) of this section, if the law provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time of the filing,the assessor shall state the total assessed value as it is so reduced or increased. After a certified statement has been filed as required by subsection (1) of this section, if a law is enacted which provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time the certified statement was filed,the assessor shall amend the certified statement annually or as otherwise required to reduce or increase the stated total assessed value of the real and personal property accordingly. An amendment to the certified statement shall be filed in the manner provided by subsections (3) and (4) of this section. (6)(a) Subject to subsections (4) and(5) of this section and paragraph(b) of this subsection, all certified statements and amendments thereto filed under this section before July 14, 1997, shall continue to remain in effect. (b) Effective as of the tax year beginning on July 1, 1997, the assessor shall amend the amount of assessed value included in a certified statement by applying to the certified assessed value of each tax code area located within an urban renewal area the percentage obtained by dividing the total assessed value within the tax code area, including growth in assessed value over the certified assessed value, by the total real market value within the tax code area. [1961 c.554 §4; 1969 c.539 §3; 1979 c.621 §25; 1981 c.804 §105; 1983 s.s. c.5 §24; 1991 c.459 §335; 1997 c.541 §448] 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 457.460, 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. (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. http://Iandru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 14 of 18 (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] 457.437 Consultation with municipalities; resolution requirements. (1) Prior to the establishment of a maximum amount of indebtedness for an urban renewal plan under ORS 457.190 and before an option is adopted under ORS 457.435, the urban renewal agency that is carrying out the plan shall meet with the governing bodies of the municipality that activated the urban renewal agency and other municipalities affected by the urban renewal plan and review the proposed maximum amount of indebtedness for the plan and the agency's recommended option under ORS 457.435. (2)After the meeting described in subsection(1) of this section, the governing bodies shall adopt resolutions in support of or opposition to the recommended option under ORS 457.435. (3)If an affected municipality adopts a resolution in opposition to the recommended option,then the agency's recommendations may be adopted only by the adoption of a separate resolution by the municipality that activated the urban renewal agency. [1997 c.541 §454a] 457.440 Computation of amounts to be raised from property taxes; notice; rules. During the period specified http://Iandru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 15 of 18 under ORS 457.450: (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 section lc, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. (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 (2)(a),the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section 1 c, Article IX 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 (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 (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 (1). (d)If the plan is not an existing plan,the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section 1c, Article IX of the Oregon Constitution, shall be raised for the agency. (3)If a municipality has chosen Option Three pursuant to ORS 457.435,the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section lc, Article IX 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 section 1 c, Article IX of the Oregon Constitution, shall be computed by the county assessor as follows: (a) The county assessor shall compute 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 maximum amount of funds that may be raised for an urban renewal agency as determined under subsection (5) of this section, or the maximum amount, as determined under subsection(2) of this section, shall be certified by the county assessor to the tax collector. 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 and filed with the county treasurer. Notwithstanding ORS 311.395 (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 (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 http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal • • Page 16 of 18 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 for the special levy described under ORS 457.435. [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] Note: Section 19, chapter 190, Oregon Laws 2003, provides: Sec. 19. The amendments to ORS 311.345, 311.385, 311.390, 311.395, 311.480 and 457.440 by sections 6, 8, 10, 12, 14 and 16, chapter 190, Oregon Laws 2003, apply to taxes, interest and related penalties: (1)Due under ORS 311.405 or 311.480 on or after the effective date of this 2003 Act [November 26, 2003]; or (2)Due pursuant to an order of a bankruptcy court issued before July 1, 2008. [2003 c.190 §19; 2003 c.704 §10] Note: The amendments to 457.440 by section 17, chapter 190, Oregon Laws 2003, apply to taxes, interest and related penalties due under 311.405 or 311.480 on or after July 1, 2008, or due pursuant to an order of a bankruptcy court issued on or after July 1, 2008. See section 20, chapter 190, Oregon Laws 2003, as amended by section 11, chapter 704, Oregon Laws 2003. The text that applies on and after July 1, 2008, is set forth for the user's convenience. 457.440. During the period specified under ORS 457.450: (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 section lc, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. (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 (2)(a),the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section lc, Article IX 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 (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 (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 (1). (d) If the plan is not an existing plan,the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section lc, Article IX of the Oregon Constitution, shall be raised for the agency. (3) If a municipality has chosen Option Three pursuant to ORS 457.435, the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section lc, Article IX 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 section lc, Article IX of the Oregon Constitution, shall be computed by the county assessor as follows: (a) The county assessor shall compute 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 http://Iandru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457— Urban Renewal • • Page 17 of 18 renewal plan is the maximum amount of funds to be raised for the urban renewal plan by dividing the taxes. (6)(a) The maximum amount of funds that may be raised for an urban renewal agency as determined under subsection(5) of this section, or the maximum amount, as determined under subsection(2) of this section, shall be certified by the county assessor to the tax collector. 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 and filed with the county treasurer. Notwithstanding ORS 311.395 (5), 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 (6). (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 for the special levy described under ORS 457.435. 457.450 Notice to tax assessor; provision for debt retirement; distribution of remaining tax increment funds. (1)(a) ORS 457.440 shall first apply to the assessment roll next following the tax roll referred to in ORS 457.430 if the assessor is provided notice of a plan adoption or amendment changing area boundaries by the agency prior to January 1 before the tax year to which the plan first applies. (b)If the assessor is not provided notice of plan adoption or amendment changing area boundaries by the agency prior to January 1 before the tax year to which ORS 457.440 would otherwise first apply, then ORS 457.440 shall first apply to the assessment roll next following the assessment roll described in paragraph(a) of this subsection. (2) When the principal and interest on indebtedness to which the portion of taxes is irrevocably pledged for payment under ORS 457.435 or 457.440 is fully paid, or it is found that deposits in the special fund are sufficient to fully pay principal and interest on that indebtedness either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness, the agency shall notify the assessor of that fact. (3) All moneys remaining unexpended from the special fund provided for in ORS 457.435 or 457.440, after payment of all the principal and interest on indebtedness is provided for, shall be turned over to the county treasurer by the agency and prorated by the treasurer back to the taxing districts in which the area, or part thereof, is located, in proportion to the amount of money in the fund attributable to each taxing district for the last fiscal year in which tax levy moneys were paid into the special fund of the agency under ORS 457.435 or 457.440. [1961 c.554 §6; 1971 c.426 §1; 1979 c.621 §27; 1991 c.459 §335b; 1997 c.541 §450] 457.460 Financial report required for agency; contents; notice. (1) An agency shall, by August 1 of each year, prepare a statement on the same basis on which its financial statements are prepared containing: (a)The amount of money received during the preceding fiscal year under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460; (b)The purposes and amounts for which any money received under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460 were expended during the preceding fiscal year; (c)An estimate of moneys to be received during the current fiscal year under ORS 457.420 to 457.460 and from http://landru.leg.state.or.us/ors/457.html 5/10/2005 Chapter 457 — Urban Renewal Page 18 of 18 indebtedness incurred under ORS 457.420 to 457.460; (d)A budget setting forth the purposes and estimated amounts for which the moneys which have been or will be received under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460 are to be expended during the current fiscal year; and (e)An analysis of the impact, if any, of carrying out the urban renewal plan on the tax collections for the preceding year for all taxing districts included under ORS 457.430. (2) The statement required by subsection (1) of this section shall be filed with the governing body of the municipality.Notice shall be published that the statement has been prepared and is on file with the municipality and the agency and the information contained in the statement is available to all interested persons. The notice shall be published once a week for not less than two successive weeks before September 1 of the year for which the statement is required in accordance with ORS 457.115. The notice shall summarize the information required under subsection (1) (a)to (d) of this section and shall set forth in full the information required under subsection(1)(e) of this section. [1979 c.621 §23; 1991 c.459 §335c; 1997 c.541 §451] http://Iandru.leg.state.or.us/ors/457.html 5/10/2005 • • TIGARD MUNICIPAL CODE Chapter 2.64 CITY CENTER domain. The powers conferred to this agency by DEVELOPMENT AGENCY. ORS Chapter 457 are in addition and supplemental to the powers conferred by any Sections: other law. (Ord. 89-05 §4, 1989). 2.64.010 Need Declared. 2.64.050 Limitation On Action. 2.64.020 Title. 2.64.030 Membership. Any act of the City Center Development 2.64.040 Powers. Agency shall be considered the act of the Urban 2.64.050 Limitation On Action. Renewal Agency only and shall not be considered 2.64.060 Advisory Commission an act of the City Council, even though Established. membership of both are identical. The City Center Development Agency shall not exercise 2.64.010 Need Declared. any power which, by Charter, requires voter approval. (Ord. 89-05 §5, 1989). Pursuant to ORS 457.035, the City Council declares that blighted areas now exist in the City 2.64.060 Advisory Commission and that there is currently a need for an Urban Established. Renewal Agency to function in the City. (Ord. 89- 05 §1, 1989). The City Center Advisory Commission is established. The Commission shall be comprised 2.64.020 Title. of seven to twelve members appointed by the City Council. The purpose of the Commission is to The Urban Renewal Agency created by this assist in implementation of the City Center chapter shall be known as the City Center Development Plan, to make recommendations to Development Agency. (Ord. 89-05 §2, 1989). the City Center Development Agency and to help inform Tigard's citizens of the plan's content and 2.64.030 Membership. activities. (Ord. 89-05 §6, 1989).11 The City Center Development Agency shall be comprised of members of the City Council as it lawfully exists from time to time. Any change in membership of the City Council shall automatically, and without need for further legislative action,constitute an identical change in the membership of the City Center Development Agency.(Ord. 89-05 §3, 1989). 2.64.040 Powers. Subject to the limitations imposed by Section 2.64.050, the City Center Development Agency shall have authority to exercise all powers available to the Agency under ORS Chapter 457, including,but not limited to,the power of eminent 2-64-1 SE Update: 12/01 • • TIGARD MUNICIPAL CODE Section 43. Existing Ordinances Continued. ordinance of the City within the meaning of ORS 457.075. Therefore, Section 45 may be amended All ordinances of the City consistent with or repealed by non-emergency ordinance adopted this Charter and in force when it takes effect shall by the City Council. The City Council may in the remain in effect until amended or repealed. future activate, create, reactivate or recreate an urban renewal agency in the City in the manner Section 44. Time Of Effect Of Charter. provided for by law, subject to the limitations of Sections 47 and 48 concerning the methods for This Charter shall take effect January 1, 1963. financing the activities of such an agency. URBAN RENEWAL CITIZENS RIGHT Section 47. TO VOTE The City shall not approve an.urban renewal Section 45. plan or an amendment of an urban renewal plan if such plan includes tax increment financing as a The voters of the City of Tigard, exercising permissible means of paying the debts and their powers as the ultimate governing body of the obligations of the agency unless, prior to the City as reserved to them by the ordinances of the activation and implementation of tax increment City and by the Constitution and laws of the State financing, such method is approved by the voters of Oregon, do hereby find and determine that of the City at a regular or special City election there no longer exists a need for an urban renewal held in May or November. agency in the City. Therefore, the Tigard Urban Renewal Agency, as established or activated, by Section 48. Ordinance No. 81-91,adopted in December, 1981, is terminated. The facilities, files and personnel Any urban renewal plan or amendment (if any) of the Tigard Urban Renewal Agency thereof hereafter proposed or adopted shall require shall be forthwith transferred to the City. The that the plan, including the method of financing termination shall not affect any outstanding legal same, shall be approved by the voters at a regular actions, contracts or obligations of said agency, or special City election in May or November, if and the City shall be substituted for said agency in such plan or amendment would or could involve respect thereto. If, at the time this section is the levying of a tax on properties outside the adopted,termination of the Tigard Urban Renewal urban renewal area to pay the debts or obligations Agency is legally prohibited by any mandatory to be incurred in carrying out the plan. provision of controlling state law, the termination Notwithstanding the foregoing, separate approval shall be postponed until such legal impediment at an election is not required for: has been removed and shall then automatically become effective; and, in the interim pending the (1) Expenditures by the City, as effective date of such termination, the City shall distinguished from the urban renewal agency, not authorize, approve or assist in the incurring of which have been duly identified and included in a any new debt or obligation or in the performance duly adopted City budget; or of any portion of the urban renewal plan. (2) Issuance of Bancroft bonds (ORS Section 46. 223.205 to 223.295) in connection with assessments for local improvement districts, if Section 45 is and shall be deemed to be an such issuance is otherwise authorized by law. C-8 SE Update: 11/01 • • TIGARD MUNICIPAL CODE Section 49. AUTHENTICATION CERTIFICATE OF CITY RECORDER As used in Sections 45,46,47 and 48: I, RALPH V. SYMONS, do hereby certify that I (1) "City" means the City of Tigard, am the duly appointed, qualified and acting Washington County, Oregon. Recorder of the City of Tigard, Washington County, State of Oregon, and as such have the (2) "Urban Renewal Agency" means an care and control of the official records of said city. agency created or existing under ORS Ch. 457 as it now exists or may hereafter be amended, or a I further certify that pursuant to resolution of the similar agency with similar powers and purposes City Council of Tigard, duly adopted at its regular created under any other provision of law. meeting of October 8, 1962, there was referred to the voters of the City of Tigard, in conformity (3) "Urban Renewal Plan" means a plan as with initiative and referendum powers contained defined in ORS 457.010 (11) as it now exists or in Ordinance No. 62-20 of said city, at the regular may hereafter be amended, or a similar plan city election of November 6, 1962,the question of adopted under any other provision of law. the adoption of the above herein and foregoing Charter of the said city, and that a total of 631 (4) "Tax Increment Financing" means the votes were cast with respect to said charter method of financing described and referred to in proposal at said election of which 456 votes were ORS 457.420 to 457.460, or a similar method of cast in favor of said charter and 175 votes were financing provided for under any other provision cast against same, and that as shown by the of law. official canvass of the returns of said election, the above herein and foregoing Charter was duly Section 50. adopted by the people of the City of Tigard at said election of November 6, 1962, by majority of the If any section or portion of this Charter votes cast. amendment (Sections 45 through 49) is determined unconstitutional or unlawful, the I further certify that I have carefully compared the remaining portions and sections shall be severable above and foregoing copy with the original of said and shall remain in effect. (Measure 51, charter proposal as filed in my office and that the September 20, 1983 election). foregoing copy is a correct transcript therefrom and the whole of said original as the same now Section 51. appears on file in my office and in my official custody. The City of Tigard shall not use the Willamette River as a drinking water source for its citizens I further certify that by resolution of the City unless the question of using the Willamette River Council of the City of Tigard, Oregon, duly as a drinking water source has been approved by passed at its regular meeting of November 26, not less than fifty percent (50%) of voters voting 1962, the above herein and foregoing Charter was in a City wide election. (Measure 34-8, September duly proclaimed and confirmed as the Charter of 21, 1999 election). the City of Tigard, Oregon, to be effective by its terms on and after January 1, 1963. In Witness Whereof I have hereunto set my hand C-9 SE Update: 11/01