Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of city, port or county resolutions to designate,
re-designate or amend an enterprise zone:
(1) In the case of designation or
re-designation, the resolution by a Sponsoring Government shall be adopted
only:
(a) After establishment of school
support fee rate(s) in OAR 123-650-5300; and
(b) At least seven days after the meeting
described in OAR 123-650-5100.
(2) The resolutions shall:
(a) Acknowledge all other cosponsoring
parties to the re-/designation or boundary change, if any;
(b) Declare that the sponsor will (jointly)
fulfill duties under ORS
285C.050 to
285C.250, including but not
limited to observing ORS
285C.105 in accordance with OAR
123-668;
(c) Clarify that the zone
does not compromise or override prevailing zoning, regulatory and permitting
ordinances, processes or restrictions, or affect acknowledged comprehensive
plans for land use;
(d) As deemed
significant or appropriate by the sponsoring government, affirm goals in having
the zone, recount zone history, underscore key characteristics of the
re-/designation or boundary change, or report actions taken for purposes of
public involvement, including but not limited to the nature and outcome of
communication or interaction with local taxing districts; and
(e) Stipulate any election or restriction for
hotel/resort eligibility under ORS
285C.070 by cities and counties,
so that a business operating a hotel, motel or destination resort is eligible
under ORS 285C.135(5)(c)
in the enterprise zone or in restricted parts of the zone, for which:
(A) Any such election or restriction must be
reflected in the resolution(s) (jointly) adopted by each sponsoring city or
county and by any consenting city or county affected by a
restriction.
(B) Any restriction
makes such businesses eligible in those parts of the zone throughout the
incorporated area of the city or unincorporated area of the county, to which
the restriction pertains, which may be a city or county merely consenting to
the zone.
(C) With a boundary
change, a positive hotel/resort election or restriction may not be made, but
the jurisdiction of a city or county newly joining or consenting to an
enterprise zone may be excluded from an existing hotel/resort election, and any
such negative restriction may not be revised once the boundary change takes
effect.
(D) In the case of
re-/designation, cities and counties may (jointly) revise an election,
restriction or lack of one, regardless of what is in the resolution(s) of
re-/designation, by resolution(s) adopted not more than six months after the
effective date of re-/designation.
(E) A prior election or restriction for
hotel/resort eligibility does not carry over to any re-designation, such that
hotel/resorts are ineligible (based on the date of application for
authorization) throughout any newly re-designated zone without a positive
election or restriction as described in this subsection.
(3) The sponsor of an enterprise
zone that has an existing hotel/resort election may at any time revoke that
election in its entirety or in a particular city or county jurisdiction
(thereby effecting a restriction elsewhere), irreversibly for the remainder of
the enterprise zone's current period of designation, but:
(a) For a zone with two or more cosponsors,
the revocation must be consistently expressed in resolutions adopted by all of
them, including but not limited to any port; and
(b) Copies of the resolution(s) of such
revocation must be submitted to the Department to establish its effective date
in terms of subsequent applications for authorization by relevant business
firms.
Statutory/Other Authority: ORS
285A.075,
285C.060(1)
& 285C.067(2)
Statutes/Other Implemented: ORS
285C.065,
285C.070,
285C.074,
285C.105,
285C.115 &
285C.117
