ORS Chapter 457
Chapter 457 — UrbanRenewal
2009 EDITION
URBANRENEWAL
PUBLICHEALTH AND SAFETY
GENERALPROVISIONS
457.010 Definitions
457.020 Declarationof necessity and purpose
457.025 Powerssupplemental to other laws
URBANRENEWAL AGENCIES; PLANS; ACTIVITIES
457.035 Urbanrenewal agencies; creation; ordinance to exercise powers; jurisdiction
457.045 Electionof method of exercise of urban renewal agency’s powers
457.055 Transferof agency powers
457.065 Advisoryboard for housing authority acting as urban renewal agency
457.075 Terminationof urban renewal agency
457.085 Urbanrenewal plan requirements; accompanying report; contents; approval required
457.095 Approvalof plan by ordinance; required contents of ordinance; notice
457.105 Approvalof plan by other municipalities
457.115 Mannerof newspaper notice
457.120 Whenadditional notice required; to whom sent; content; notice by publication
457.125 Recordingof plan upon approval
457.135 Conclusivepresumption of plan validity
457.160 Exceptionto plan requirements for disaster areas
457.170 Urbanrenewal agency’s powers in planning or undertaking an urban renewal project
457.180 Powersof urban renewal agencies in general
457.190 Acquisitionof funds by urban renewal agency; maximum amount of indebtedness
Note Bondedindebtedness if project agreed to prior to September 29, 1991--1991 c.459 §335e
457.210 Applicabilityof housing cooperation law to urban renewal projects; delegation of powers andfunctions
457.220 Planamendment; limit on additional land and increased maximum indebtedness
457.230 Dispositionof land in urban renewal project; determination of value; obligations ofpurchaser or lessee; recordation
457.240 Taxstatus of land leased under an urban renewal plan
457.320 Municipalassistance under plan; assumption by agency of general obligation bond paymentsof municipality
TAXINCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS
457.420 Planmay provide for division of property taxes; limits on land area
457.430 Certificationof assessed value of property in urban renewal area; amendment
457.435 Propertytax collection methods for existing plans; special levies
457.437 Consultationwith municipalities; resolution requirements
457.440 Computationof amounts to be raised from property taxes; notice; rules
457.445 Electionto use alternative consolidated billing tax rate
457.450 Noticeto tax assessor; provision for debt retirement; distribution of remaining taxincrement funds
457.455 Limitingcollections; notification; consultation with taxing districts
457.460 Financialreport required for agency; contents; notice
457.470 Modificationof assessed value; indexing; concurrence of taxing districts; rules
GENERALPROVISIONS
457.010Definitions.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 ofunsafe structures, or any combination of these factors, are detrimental to thesafety, health or welfare of the community. A blighted area is characterized bythe existence of one or more of the following conditions:
(a)The existence of buildings and structures, used or intended to be used forliving, commercial, industrial or other purposes, or any combination of thoseuses, that are unfit or unsafe to occupy for those purposes because of any oneor 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 andrecreation facilities; or
(E)Obsolescence, deterioration, dilapidation, mixed character or shifting of uses;
(b)An economic dislocation, deterioration or disuse of property resulting fromfaulty planning;
(c)The division or subdivision and sale of property or lots of irregular form andshape and inadequate size or dimensions for property usefulness anddevelopment;
(d)The laying out of property or lots in disregard of contours, drainage and otherphysical characteristics of the terrain and surrounding conditions;
(e)The existence of inadequate streets and other rights of way, open spaces andutilities;
(f)The existence of property or lots or other areas that are subject to inundationby water;
(g)A prevalence of depreciated values, impaired investments and social andeconomic maladjustments to such an extent that the capacity to pay taxes isreduced and tax receipts are inadequate for the cost of public servicesrendered;
(h)A growing or total lack of proper utilization of areas, resulting in a stagnantand unproductive condition of land potentially useful and valuable for contributingto the public health, safety and welfare; or
(i)A loss of population and reduction of proper utilization of the area, resultingin its further deterioration and added costs to the taxpayer for the creationof new public facilities and services elsewhere.
(2)“Certified statement” means the statement prepared and filed pursuant to ORS457.430 or an amendment to the certified statement prepared and filed pursuantto 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 anexisting urban renewal plan designated as an Option Three plan under ORS457.435 (2)(c)), an urban renewal plan that was an existing urban renewal planon October 6, 2001, (other than an existing urban renewal plan designated as anOption Three plan under ORS 457.435 (2)(c)) and that was substantially amendedas described in ORS 457.085 (2)(i)(A) or (B) on or after October 6, 2001, or anurban renewal plan adopted on or after October 6, 2001, the total of alldistrict tax rates used to extend taxes after any adjustment to reflect taxoffsets 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 taxingdistrict electors after October 6, 2001.
(C)A tax pledged to repay exempt bonded indebtedness (other than exempt bondedindebtedness used to fund local government pension and disability planobligations that, until funded by the exempt bonded indebtedness, weredescribed in section 11 (5), Article XI of the Oregon Constitution), as definedin ORS 310.140, that is approved by taxing district electors after October 6,2001.
(D)The increase in the rate of ad valorem property tax allowable under section 11(5)(d), Article XI of the Oregon Constitution, for a school district with astatutory rate limit on July 1, 2003, that is greater than $4.50 per $1,000 ofassessed value, to the extent that the increase is excluded from localrevenues, as that term is used in ORS chapter 327, and provided that the schooldistrict notifies the county assessor of the rate to be excluded for thecurrent fiscal year not later than July 15.
(b)In the case of all other urban renewal plans, the total of all district advalorem property tax rates used to extend taxes after any adjustments toreflect tax offsets under ORS 310.105, except that “consolidated billing taxrate” 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 adivision of ad valorem property taxes as described under ORS 457.420 to 457.460adopted by ordinance before December 6, 1996, that:
(A)Except for an amendment made on account of ORS 457.190 (3) and subject toparagraph (b) of this subsection, is not changed by substantial amendment, asdescribed 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 onindebtedness as described in ORS 457.190 (3).
(b)If, on or after July 1, 1998, the maximum limit on indebtedness (adopted byordinance before July 1, 1998, pursuant to ORS 457.190) of an existing urbanrenewal plan is changed by substantial amendment, then “indebtedness issued orincurred to carry out the existing urban renewal plan” for purposes of ORS457.435 includes only the indebtedness within the indebtedness limit adopted byordinance under ORS 457.190 (3)(c) before July 1, 1998.
(6)“Fiscal year” means the fiscal year commencing on July 1 and closing on June30.
(7)“Governing body of a municipality” means, in the case of a city, the commoncouncil or other legislative body thereof, and, in the case of a county, theboard of county commissioners or other legislative body thereof.
(8)“Housing authority” or “authority” means any housing authority establishedpursuant to the Housing Authorities Law.
(9)“Increment” means that part of the assessed value of a taxing districtattributable to any increase in the assessed value of the property located inan urban renewal area, or portion thereof, over the assessed value specified inthe certified statement.
(10)“Maximum indebtedness” means the amount of the principal of indebtednessincluded in a plan pursuant to ORS 457.190 and does not include indebtednessincurred 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 othertaxing unit which has the power to levy a tax.
(13)“Urban renewal agency” or “agency” means an urban renewal agency created underORS 457.035 and 457.045.
(14)“Urban renewal area” means a blighted area included in an urban renewal plan oran area included in an urban renewal plan under ORS 457.160.
(15)“Urban renewal project” or “project” means any work or undertaking carried outunder ORS 457.170 in an urban renewal area.
(16)“Urban renewal plan” or “plan” means a plan, as it exists or is changed ormodified from time to time for one or more urban renewal areas, as provided inORS 457.085, 457.095, 457.105, 457.115, 457.120, 457.125, 457.135 and 457.220. [Amendedby 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 §106;2007 c.884 §1; 2009 c.700 §11]
457.020Declaration 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 andconstitute a menace to the health, safety, morals and welfare of the residentsof the state and that these conditions necessitate excessive anddisproportionate expenditures of public funds for crime prevention andpunishment, public health, safety and welfare, fire and accident protection andother public services and facilities.
(4)That certain blighted areas may require acquisition and clearance since theprevailing condition of decay may make impracticable the reclamation of thearea by conservation or rehabilitation, but other areas or portions thereof maybe susceptible of conservation or rehabilitation in such manner that theconditions and evils mentioned in subsections (1), (2) and (3) of this sectionmay be eliminated, remedied or prevented and that such areas should, ifpossible, be conserved and rehabilitated through appropriate public action andthe cooperation and voluntary action of the owners and tenants of property insuch areas.
(5)That the acquisition, conservation, rehabilitation, redevelopment, clearance,replanning and preparation for rebuilding of these areas, and the prevention orthe reduction of blight and its causes, are public uses and purposes for whichpublic money may be spent and private property acquired and are governmentalfunctions of state concern.
(6)That there are also certain areas where the condition of the title, the diverseownership of the land to be assembled, the street or lot layouts or otherconditions prevent a proper development of the land, and that it is in thepublic interest that such areas, as well as blighted areas, be acquired byeminent domain and made available for sound and wholesome development inaccordance with a redevelopment or urban renewal plan, and that the exercise ofthe power of eminent domain and the financing of the acquisition andpreparation of land by a public agency for such redevelopment or urban renewalis likewise a public use and purpose.
(7)That redevelopment and urban renewal activities will stimulate residentialconstruction which is closely correlated with general economic activity; thatundertakings authorized by this chapter will aid the production of betterhousing and more desirable neighborhood and community development at lowercosts and will make possible a more stable and larger volume of residentialconstruction, which will assist materially in maintaining full employment.
(8)That the necessity in the public interest for this chapter is a matter oflegislative determination. [Amended by 1957 c.456 §2; 1979 c.621 §11]
457.025Powers supplemental to other laws. The powers conferred by this chapterare in addition and supplemental to the powers conferred by any other law. [Formerly457.110]
457.030 [Amended by1957 c.456 §18; repealed by 1979 c.621 §28]
URBANRENEWAL AGENCIES; PLANS; ACTIVITIES
457.035Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction. (1) In eachmunicipality, as defined in ORS 457.010, there hereby is created a public bodycorporate and politic to be known as the “urban renewal agency” of themunicipality. However, the urban renewal agency shall not exercise its powersuntil or unless the governing body of the municipality, by nonemergencyordinance, declares that blighted areas exist in the municipality and thatthere is need for an urban renewal agency to function in the municipality andelects to have the powers of an urban renewal agency exercised in any of thethree 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 operationgiven a housing authority of the municipality under ORS 456.060. [Formerly457.130]
457.040 [Repealed by1979 c.621 §28]
457.045Election of method of exercise of urban renewal agency’s powers. The governingbody of a municipality shall, in the ordinance adopted under ORS 457.035, electto have the powers of an urban renewal agency under this chapter exercised inone of the following ways:
(1)By a housing authority of the municipality established pursuant to the HousingAuthorities Law in which case the name of the body corporate and politic shallbe 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 governingbody acting as the urban renewal agency shall be, and shall be considered, theact of the urban renewal agency only and not of the governing body. [Formerly457.140]
457.050 [Amended by1953 c.230 §3; 1957 c.456 §19; repealed by 1979 c.621 §28]
457.055Transfer of agency powers. At any time following adoption of the ordinanceunder 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 thegoverning body of the municipality, the governing body of a municipality may,by ordinance, transfer the authority to exercise the powers of the urbanrenewal agency to any other body authorized to exercise those powers under ORS457.045. All duties and obligations of the urban renewal agency shallthereafter be assumed by the body to which those powers are transferred. [1979 c.621§16 (enacted in lieu of 457.145)]
457.060 [Repealed by1979 c.621 §28]
457.065Advisory board for housing authority acting as urban renewal agency. For the purposeof coordinating its activities and undertakings under this chapter with theneeds and undertakings of other local organizations and groups, a housingauthority exercising the powers of an urban renewal agency under ORS 457.045shall establish an advisory board consisting of the chairperson of theauthority, who shall be chairperson of the advisory board, and of sufficientmembers, to be appointed by the chairperson, to represent as far aspracticable:
(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 by1979 c.621 §28]
457.075Termination of urban renewal agency. If the governing body of a municipalitywhich has an urban renewal agency under ORS 457.035 finds that there no longerexists a need for an urban renewal agency in the municipality, the governingbody shall provide, by ordinance, for a termination of the agency and atransfer of the agency’s facilities, files and personnel to the municipality.The termination of an urban renewal agency shall not affect any outstandinglegal actions, contracts or obligations of the agency and the municipalityshall be substituted for the agency and, for the purpose of those legalactions, contracts or obligations, shall be considered a continuation of theurban renewal agency and not a new entity. No urban renewal agency shall beterminated under this section unless all indebtedness to which a portion oftaxes is irrevocably pledged for payment under ORS 457.420 to 457.460 is fullypaid. [1979 c.621 §6; 1991 c.459 §331; 1997 c.541 §443]
457.080 [Repealed by1979 c.621 §28]
457.085Urban renewal plan requirements; accompanying report; contents; approvalrequired.(1) An urban renewal agency shall provide for public involvement in all stagesin the development of an urban renewal plan.
(2)An urban renewal plan proposed by an urban renewal agency shall include all ofthe 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 conservationof the urban renewal areas of the plan.