Current through Register Vol. 63, No. 9, September 1, 2024
An effective agreement under ORS
285C.609(7) or
285C.623(6) for
purposes of OAR 123-623-1950 must include at
least:
(1) The County
government;
(2) Any city government
described OAR 123-623-1950(1)(b);
(3) Any port described in OAR
123-623-1950(1)(c);
(4) Any local taxing district described in
OAR 123-623-1950(1)(d),
except if using an SIZ, that is:
(a) A health
district organized under ORS
440.305, and that provides
ambulance or other medical emergency response service;
(b) A rural fire protection district
organized under ORS chapter 478;
(c) A 9-1-1 communications district organized
under ORS 403.300; or
(d) A county service district organized under
ORS chapter 451 or other such special district that provides:
(A) Public safety services including but not
limited to police or sheriff;
(B)
Fire prevention or response services; or
(C) Ambulance, other emergency medical
response or emergency communication services; and
(5) A sufficient number of local
taxing districts described in OAR
123-623-1950(1)(d)(A)-
i.e., those under ORS
198.010 and
198.180-to account for at least
75 percent of the total property tax rate authority of all such districts
(except a port). In calculating the 75 percent:
(a) Property tax rate authority is each
district's permanent rate authority (plus its local option rate authority, if
any), whether currently used or unused, but excluding any rate based on a true
levy such as for bonded indebtedness.
(b) Property tax rate authorities may be
prorated based on the anticipated proportion of the Approved Project to be
located in respective tax code areas for an agreement encompassing districts in
two or more tax code areas.
(c)
Property tax rate authorities of districts participating in the agreement are
added together and divided by the total of all such districts' property tax
rate authorities, such that the numerator and denominator shall:
(A) Include every district otherwise required
by section (4) of this rule that is also listed under ORS
198.010 or
198.180; and
(B) Exclude any port district in section (3)
of this rule [as well as any city or county], even within an SIZ.
Statutory/Other Authority: ORS
285A.075 &
285C.615(7)
Statutes/Other Implemented: ORS
285C.609 &
285C.623
