Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of annual payments to be received according to OAR
123-623-1900:
(1) The County shall distribute the entire
annual community service fee to:
(a) The
County;
(b) City government(s) if
any part of Approved Project is located within incorporated
territory;
(c) A port if any part
of the Approved Project is inside a port district;
(d) Any other local taxing district that
levies taxes on property located in a tax code area containing any part of the
Approved Project:
(A) Listed under ORS
198.010 or
198.180; or
(B) In addition to paragraph (A) of this
subsection; or
(e) Local
organizations or programs that provide a relevant and significant community
service, even without taxing authority.
(2) A distribution formula shall determine
the exact percentage of the community service fee received or retained by an
entity listed in section (1) of this rule. A schedule of distribution formulae
that varies from year to year is allowable.
(3) Establishment of the annual formula may
occur in one of only two ways:
(a) By
official action of the Commission, if subsection (b) of this section is not
satisfied; or
(b) By a formal
agreement that:
(A) Takes effect on or before
the same date of the third month following the Commission's determination of
the Approved Project;
(B) Parties
stipulated in OAR 123-623-1975 have effectively entered into, in writing, by
that date; and
(C) Provides
specifically and completely for annual distribution of funds consistent with
sections (1) and (2) of this rule.
(4) If local parties in OAR 123-623-1975
timely reach and effect such an agreement:
(a)
They may mutually amend or revise the agreement at a later time; and
(b) The County shall formally report the
annual distribution formula to the Department, to:
(A) Confirm that the Commission need not
establish such formula; and
(B)
Inform about the redistribution of funds received under ORS
285C.635(3).
(5) In the event that
the parties in OAR 123-623-1975 have not concluded an agreement (aside from
outstanding signatures) before the requisite three-month period, the
Commission:
(a) Shall take necessary steps as
soon as reasonably possible for purposes of subsection (3)(a), as described in
section (6), of this rule; or
(b)
May delay official action, at its sole discretion, upon learning that a
sufficient set of parties (as described in OAR 123-623-1975) is having
productive negotiations, with which they wish to continue. Under such
circumstances:
(A) The Commission may
officially sanction an agreement reached when negotiations successfully
conclude; and
(B) The parties may
not subsequently amend or revise such an agreement in any way that would
effectively modify the established distribution formula.
(6) In determining a distribution
formula, the Commission:
(a) May rely
primarily on the relative proportions of prevailing property tax rates among
affected local taxing districts;
(b) May consider adjusting such proportions
according to the Approved Project's demand or direct impact on the public
service(s) provided by each entity, taking account of expected new property tax
revenues even with the Abatement, as well as consideration of the goals and
purposes of applicable state policies;
(c) Shall set an annual distribution
percentage for each entity described in section (1) of this rule that the
Commission determines will receive a portion of the distribution; and
(d) Shall in the process of issuing the
distribution formula to the County government, notify all entities of its
official, final action.
(7) In an SIZ, each Approved Project will
entail a separate agreement or Commission action for the distribution of the
community service fee arising from it, consistent with this rule. Nevertheless,
with respect to an SIZ, the County and other applicable local parties
(including but not limited to the Port of Portland under ORS
778.010) may agree to a
generalized distribution formula and standard agreement for all future Approved
Projects.
Statutory/Other Authority: ORS
285A.075 &
285C.615(7)
Statutes/Other Implemented: ORS
285C.609,
285C.623 &
285C.635
