Chapter 280 Financing of Local Public Projects and Improvements; City and County Economic Development

LOCAL OPTION TAXES FOR PUBLIC IMPROVEMENTS

280.040 Definitions for ORS 280.040 to 280.145; use of certain tax revenues

As used in ORS 280.040 to 280.145: “Local option tax” means a tax described under section 11 (4) or (7)(c), Article XI of the Oregon Constitution. “Subdivision” includes only such counties, municipal corporations, quasi-municipal corporations and civil or political corporations or subdivisions as are empowered by law to levy ad valorem property taxes, exce…

280.050 Providing funds for financing cost of services, projects, property and equipment

Funds may be obtained as prescribed in ORS 280.040 to 280.145 for the purpose of financing the cost of any service, project, property or equipment which a subdivision has lawful power to perform, construct or acquire, and of repairs and improvements thereto and of maintenance and replacement thereof.

280.055 Obtaining and advancing of funds to county service districts

Funds may be obtained by a county as prescribed by ORS 280.040 to 280.145 for the purpose of advancing funds to a district established under ORS 451.410 to 451.610 to finance the cost of any service facility which the district is authorized to construct, maintain and operate.

280.057 Local option taxes for community colleges; maximum amount

A local option tax levied by a community college district or community college service district may not exceed the amount of reduction in ad valorem property taxes caused under ORS 310.200 to 310.242. Note: 280.057 was added to and made a part of 280.040 to 280.145 by legislative action but was not added to any smaller series therein. See Preface to Oregon …

280.060 Levy of local option taxes outside constitutional limitation; duration of levy; approval of levy as approval of bonds

Upon approval of a majority of the electors of a subdivision in a manner that qualifies under section 11 (8), Article XI of the Oregon Constitution, a subdivision may levy local option taxes outside the limitation imposed by section 11 (3), Article XI, Oregon Constitution, over the period of time that is authorized by the electors. The amount levied each yea…

280.064 Period for use of revenues raised by local option tax

Subject to ORS 294.305 to 294.565 and the applicable provisions of a charter, ordinance or resolution of a subdivision, a subdivision may use revenues raised by a local option tax beyond the period of years during which the subdivision is authorized to levy the local option tax if the revenue is used for the purpose authorized by the electors. Note: 280.064…

280.070 Manner of holding elections for local option tax or permanent rate limit; additional statement in ballot title

An election within a county for the purpose of approving a tax levy or tax rate under ORS 280.060 shall be called by the county court or board of county commissioners and shall be held on a date specified in ORS 203.085. An election within a city for the purpose of approving a tax levy or tax rate under ORS 280.060 or under section 11 (3)(c), Article XI of …

280.075 Ballot statements for local option tax measures

Notwithstanding any other law and when not inconsistent with or otherwise provided for in the Oregon Constitution, whenever a proposed local option tax is submitted to a vote of the people by any subdivision, the statement in the ballot title for the measure that explains the chief purpose of the measure and gives reasons for the measure shall state the tota…

280.080 Contents of order, resolution or ordinance calling election

The order, resolution or ordinance, as the case may be, pursuant to which the election required by ORS 280.060 is called and held, shall set forth: The purpose for which the funds to be provided by the tax levies are to be expended. The estimated total outlay for such purpose. The period of time authorized by the electors pursuant to ORS 280.060 (3).

280.090 Submission of several proposals to impose local option taxes

If more than one proposal to impose local option taxes is submitted to the electors at the same election, the several ballot measures shall be voted upon separately. However, not more than four separate ballot measures proposing local option taxes may be submitted to the electors under the provisions of ORS 280.040 to 280.145 within a single calendar year.

280.100 [Repealed by 1997 c.308 §38]

280.110 [Repealed by 1997 c.308 §38 and 1997 c.541 §308c]

280.120 [Repealed by 1997 c.308 §38 and 1997 c.541 §308c]

280.130 [Repealed by 1997 c.308 §38 and 1997 c.541 §308c]

280.140 [Repealed by 1997 c.308 §38]

280.145 Serial levy under former law

Notwithstanding the amendments to ORS 280.040, 280.060, 280.070 and 280.080 by sections 302 to 305, chapter 541, Oregon Laws 1997, a serial levy described in section 11 (7)(b), Article XI of the Oregon Constitution, may be levied by the subdivision, including a school district, as provided in ORS 280.040 to 280.140 (1995 Edition). FINANCING OF JOINT FACILIT…

280.150 Appropriating money and issuing bonds to construct, operate and maintain joint facilities

Incorporated cities, school districts and counties of this state may jointly, in such manner as they shall agree upon, construct, acquire, own, equip, operate and maintain facilities which will directly aid each participating governmental unit in performing a duty or duties imposed upon it or aid in exercising a power or powers conferred upon it, and may app…

280.160 [Formerly 280.990; repealed by 1997 c.308 §38]

280.250 [1985 c.806 §1; 1987 c.769 §14; renumbered 285.067 in 1991]

280.255 [1985 c.806 §3; 1989 c.908 §28; renumbered 285.070 in 1991]

280.260 [1985 c.806 §§2,4; 1989 c.908 §29; renumbered 285.075 in 1991]

280.265 [1985 c.806 §5; 1989 c.908 §30; renumbered 285.080 in 1991]

280.270 [1985 c.806 §13; 1989 c.908 §31; renumbered 285.065 in 1991]

280.310 [1975 c.316 §1; 1983 c.459 §1; renumbered 285.310 in 1991]

280.315 [1975 c.316 §2; 1983 c.459 §2; 1989 c.908 §32; renumbered 285.315 in 1991]

280.320 [1975 c.316 §3; 1977 c.147 §1; 1979 c.182 §8; 1981 c.282 §1; 1983 c.459 §9; 1985 c.806 §6; 1987 c.158 §38; 1989 c.908 §33; 1991 c.878 §1; renumbered 285.320 in 1991]

280.325 [1975 c.316 §4; 1989 c.908 §34; renumbered 285.325 in 1991]

280.330 [1975 c.316 §10; 1989 c.547 §1; 1989 c.908 §35; renumbered 285.330 in 1991]

280.335 [1975 c.316 §7; 1983 c.459 §10; renumbered 285.335 in 1991]

280.340 [1975 c.316 §8; 1989 c.908 §36; renumbered 285.340 in 1991]

280.345 [1975 c.316 §9; 1983 c.459 §11; renumbered 285.345 in 1991]

280.350 [1975 c.316 §6; 1983 c.459 §3; renumbered 285.350 in 1991]

280.355 [1975 c.316 §5; 1977 c.147 §2; renumbered 285.355 in 1991]

280.360 [1975 c.316 §11; 1983 c.459 §4; renumbered 285.360 in 1991]

280.365 [1975 c.316 §12; renumbered 285.365 in 1991]

280.370 [1975 c.316 §13; renumbered 285.370 in 1991]

280.375 [1975 c.316 §14; renumbered 285.375 in 1991]

280.380 [1975 c.316 §15; renumbered 285.380 in 1991]

280.385 [1975 c.316 §16; 1983 c.459 §12; renumbered 285.385 in 1991]

280.390 [1975 c.316 §17; 1979 c.284 §130; renumbered 285.390 in 1991]

280.393 [1983 c.459 §6; 1989 c.908 §37; renumbered 285.393 in 1991]

280.395 [1983 c.459 §7; 1989 c.966 §14; renumbered 285.395 in 1991]

280.397 [1983 c.459 §8; 1985 c.806 §7; 1987 c.840 §5; 1989 c.908 §38; renumbered 285.397 in 1991]

CITY AND COUNTY ECONOMIC DEVELOPMENT PROJECTS (Cities)

280.410 Definitions for ORS 280.410 to 280.485

As used in ORS 280.410 to 280.485 unless the context requires otherwise: “Economic development project” includes any properties, real or personal, used or useful in connection with a revenue producing enterprise. “Economic development project” also includes multiple unit residential housing development, including low income single room occupancy housing, o…

280.415 Legislative findings

The Legislative Assembly finds that: Cities with a population of 70,000 or more should be granted the powers granted to the state by ORS 285B.320 to 285B.371 in order to reduce substantially within their boundaries the occurrence of economic conditions requiring more expensive remedial action. There exist in Oregon’s larger cities substantial adverse econom…

280.417 [1979 c.865 §2b; repealed by 2003 c.286 §10]

280.420 Eligibility of projects for financing; standards; ordinance for applications

Prior to exercising any power granted by ORS 280.410 to 280.485 the governing body of a city shall: Adopt by ordinance standards to determine the eligibility of economic development projects. In determining such standards, the governing body shall consider all relevant data without giving priority to one factor over others. The governing body may consider b…

280.422 Exception to eligibility standards

Low income single room occupancy housing projects need not meet the standards of an eligible project and any city standards adopted pursuant to ORS 280.410 to 280.485.

280.424 Bond-financed single room occupancy rental housing to conform with federal law

Single room occupancy rental housing financed with bonds authorized by ORS 280.410, 280.415, 280.422 to 280.425 and 280.431 must conform to the requirements of the Federal Mortgage Subsidy Bond Tax Act of 1980.

280.425 City powers concerning property

In carrying out the provisions of ORS 280.410 to 280.485, a city may: Acquire by agreement, donation or exercise of eminent domain, construct and hold in whole or in part any lands, buildings, easements, water and air rights, improvements to lands and buildings and capital equipment to be located permanently or used exclusively on such lands or in such buil…

280.430 Contractual powers of city; requirements for project loans and leases

In addition to any other powers granted by law or charter, a city may: Make loans from bond proceeds to finance eligible projects or lease or sublease eligible projects to any person, firm or public or private corporation or federal or state governmental subdivision or agency. Such agreement shall provide that: The borrower or lessee shall operate, repair …

280.431 Required condition of purchase for low income single room occupancy housing project

Low income single room occupancy housing projects shall not be sold to any purchaser who does not agree as a condition of purchase to maintain the property as low income single room occupancy housing for at least 30 years or the term of the mortgage, whichever period is shorter.

280.432 Limitations on housing loans from bond proceeds; discrimination; relocation; conversion

Cities, in purchasing or servicing or making commitments to purchase or service residential mortgage loans under ORS 280.430 (5), shall not participate in the refinancing of housing by existent owners or purchasers of that housing and shall not allow the assumption of those loans by persons not eligible for them. No owner-purchaser shall have more than one …

280.435 Limitation on city power

Except as provided in ORS 280.425 (2), the city shall not have power to operate any eligible project as a business or in any manner whatsoever, and nothing in ORS 280.410 to 280.485 authorizes the city to expend any funds on any eligible project, other than the revenues of such projects, or the proceeds of revenue bonds issued hereunder, or other funds grant…

280.440 Authority to issue revenue bonds

A city may authorize and issue revenue bonds secured by revenues from eligible economic development projects to finance or refinance in whole or part the cost of acquisition, construction, reconstruction, improvement or extension of projects. The bonds shall be identified by project. A city may also authorize and issue revenue bonds secured by revenues from…

280.442 [1979 c.865 §2c; 1981 c.368 §4; 1987 c.696 §1; repealed by 2003 c.286 §10]

280.445 Factors considered in determining whether to issue bonds

In determining whether to issue revenue bonds under ORS 280.410 to 280.485, the governing body of the city shall consider: The bond market for the types of bonds proposed for issuance. The terms and conditions of the proposed issue. Whether the borrower, lessee or purchaser is financially responsible and fully capable and willing to fulfill its obligation…

280.450 Issuance of bonds

Bonds authorized under ORS 280.410 to 280.485 shall be issued in accordance with the provisions of the charter of the city relating to bonds payable from income of revenue producing facilities. Bond issues may mature at any time within 40 years from the date of issue. Bonds shall be issued as prescribed in ORS chapter 287A.

280.455 Administrative expenses

The administrative expenses of the city with respect to bonds issued under ORS 280.410 to 280.485 shall be charged against bond proceeds or project revenues.

280.460 Refunding bonds

The city shall have the power, whenever it deems refunding expedient, to refund any bonds issued under ORS 280.410 to 280.485 by the issuance of new bonds, whether the bonds to be refunded have or have not matured. The refunding bonds may be exchanged for bonds to be refunded and the proceeds applied to the purchase, redemption or payment of such bonds.

280.465 Validity of bonds

The validity of bonds issued under ORS 280.410 to 280.485 shall not be dependent on or be affected by the validity or regularity of any proceeding relating to the acquisition, purchase, lease, construction, installation, reconstruction, improvement, betterment or extension of the eligible project for which the bonds are issued. The official action authorizin…

280.470 Covenants in bonds allowed

The official action authorizing the issuance of bonds under ORS 280.410 to 280.485 to finance or refinance in whole or in part, the acquisition, construction, installation, reconstruction, improvement, betterment or extension of any eligible project may contain covenants, notwithstanding that such covenants may limit the exercises of powers conferred by ORS …

280.475 Limitations of bonds; recitals

Revenue bonds issued under ORS 280.410 to 280.485: Shall not be payable from nor charged upon any funds other than the revenue pledged to the payment thereof, except as provided in this section, nor shall the city be subject to any liability thereon. No holder or holders of such bonds shall ever have the right to compel any exercise of the taxing power of t…

280.480 Powers and rights of bondholders

Subject to any contractual limitation binding upon the holders of any issue of revenue bonds, or a trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or any trustee therefor, for the equal benefit and protection of all bondholders similarly…

280.482 Report required; contents

A city shall report to the Oregon Housing Stability Council and the Legislative Assembly, not later than February 1 of each odd-numbered year on the disposition within that city of the proceeds of bonds issued for the purposes of making mortgage loans under ORS 280.425 (3) and 280.430 (5). The report shall, as a minimum, identify the population, income level…

280.485 Effect of ORS 280.410 to 280.485 on powers of city

ORS 280.410 to 280.485 is additional, alternative and supplemental authority for cities with a population of 70,000 or more and shall not abrogate any power, right or authority otherwise granted by law or charter to such cities. (Counties)

280.500 County economic development plan; criteria

In addition to, and not in lieu of, any of the powers granted counties under the laws of this state, a county may develop and implement a program of economic development. To do so, a county shall have the power to: Following public hearings, adopt an economic development plan, either through its own efforts or in combination with other public bodies and adv…

280.505 Coordination of plan with other local governments and plans

In developing and implementing a plan of economic development under ORS 280.500, a county shall: Provide that each city within the plan boundaries may by resolution of the city governing body become a part of, or exclude itself from, the economic development plan within the city. Assure that all city governing bodies wishing to participate are fairly repre…

280.507 [1987 c.584 §2; 1991 c.11 §3; renumbered 285.680 in 1991]

280.508 County public purpose revolving loan fund

When moneys are received by a county upon condition or with the intent of the receiving county that the moneys be used for a public purpose revolving loan fund, the county may dedicate the moneys for the purposes of the revolving loan fund and payment of the expenses of administering the fund by enacting an ordinance that: Establishes a separate fund into w…

280.510 [1987 c.584 §1; renumbered 285.683 in 1991]

280.513 [1987 c.584 §3; renumbered 285.685 in 1991]

280.515 [1987 c.584 §4; renumbered 285.687 in 1991]

280.517 [1987 c.584 §5; renumbered 285.690 in 1991]

(Lottery Financed Projects)

280.518 Display of information that program is financed by State Lottery

Any economic development program financed with proceeds from the state lottery authorized by section 4, Article XV of the Oregon Constitution, and ORS chapter 461 shall have displayed conspicuously on the site or as part of the program information specifying that the program is being financed by the state lottery.

280.520 [1981 c.286 §1; 1983 c.41 §3; 1989 c.547 §2; 1989 c.908 §39; 1989 c.1085 §10; 1991 c.11 §4; renumbered 285.403 in 1991]

280.532 [1981 c.286 §5; 1983 c.41 §5; 1985 c.806 §8; 1987 c.769 §15; 1989 c.1015 §23; 1989 c.1043 §12; 1989 c.1085 §11; 1991 c.11 §18; 1991 c.67 §§69,70; 1991 c.878 §3; renumbered 285.413 in 1991]