Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of this rule "taxing
district" includes only those districts that have ad valorem taxes divided with
an urban renewal agency pursuant to ORS
457.440.
(2) An urban renewal agency must give the
notice required by ORS
457.450(2) to
each county assessor that had calculated division of tax amounts for the
agency. As soon as practicable, each assessor that is notified will:
(a) Discontinue calculating division of tax
and urban renewal special levy amounts under ORS
457.440 and
457.435 for the plan area;
and
(b) Notify the county treasurer
in writing to discontinue any future distributions to the agency for this plan
from any division of tax or urban renewal special levy.
(3) When unexpended moneys in the agency
special fund for a plan must be turned over to the county treasurer under ORS
457.450(3), the
agency must apportion the moneys between each county that had calculated
division of tax amounts for the agency in proportion to the amount received
from each county for the plan in the last fiscal year before the notice
required by 457.450(2). The agency must turn over each amount that was
apportioned to a county to that county's treasurer.
(4) After the county treasurer is notified by
the assessor under section (2) of this rule about a plan or the county
treasurer receives money from an urban renewal agency under ORS
457.450(3)
regarding a plan, the treasurer must:
(a)
Discontinue any future distributions to the agency for that plan from the
division of tax and any special levy;
(b) Prepare a schedule to allocate for each
taxing district that levied within that plan area on the last tax roll any
unexpended moneys returned by the agency under ORS
457.450(3) plus
any future moneys that otherwise would be distributed for that plan. Allocation
percentages must be in proportion to the amounts calculated to be raised from
division of tax from each taxing district for that plan on the last tax
roll;
(c) Distribute to the taxing
districts based on the schedule prepared under subsection (4)(b) of this rule
any money that otherwise would be distributed for that urban renewal plan, or
that has been returned by the agency for the plan under ORS
457.450(3);
and
(d) If a special levy for that
plan was combined with special levies for other plans of the same agency and
tax had been imposed through one special levy rate, allocate and distribute
special levy collections for that plan as follows:
(A) Prepare a schedule to allocate the
combined special levy collections for the plans that continue to receive
distributions and the plan that will no longer receive distributions. Using the
last tax roll on which that plan's special levy was combined with other special
levies of the agency, determine the allocation percentage for that plan by
dividing that plan's portion of the combined special levy amount by the total
special levy amount for the agency. Apply this allocation percentage to
allocate an amount for that plan from collections of special levy amounts for
any years that the combined special levy included an amount for that
plan.
(B) Distribute the special
levy amount allocated for that plan to the taxing districts instead of to the
urban renewal agency based on the schedule prepared under subsection (4)(b) of
this rule. Distribute the remainder of the special levy moneys to the urban
renewal agency.
Example 1
:
Preparation of Schedule under Subsection (4)(b) of this Rule: On September 20,
2006, the assessor notifies the county treasurer under section (2) of this rule
to discontinue distributions for the "Example Plan." The treasurer prepares an
allocation schedule based on information supplied by the assessor from the
2005-06 roll, which is the last fiscal year for which tax money was turned over
to the urban renewal agency for the plan, as follows: [Tables not included. See
ED. NOTE.]
Note that the Urban Renewal Special Levy was imposed in the
code area, but taxes derived from an urban renewal special levy are never
divided. Therefore, the special levy is not part of the special distribution
schedule. This example assumes all of the other ad valorem taxes in this code
area are divided between the district that imposed them and the urban renewal
plan area. Some urban renewal plans may not have all tax levies divided. Any
tax levy not divided should be treated like the urban renewal special
levy.
Example 2
: Distribution of Moneys under Subsection (4)(c) of this Rule:
The county treasurer received $25,000 that otherwise would be
distributed to the agency for the plan area from current year and delinquent
taxes. Instead, the treasurer will distribute these taxes as follows using the
percentages from Example 1: [Tables not included. See ED.
NOTE.]
Example 3
: Preparation of Special Levy Schedule under Subsection (4)(d),
Paragraph (A) of this Rule: This assumes the agency has two plans with special
levies, the "Example Plan," which is being discontinued, and the "Continuing
Plan," which will still be using tax increment financing. The last fiscal year
the agency requested a special levy for the Example Plan was 2005-06. Both
plans have imposed special levies since 2002-03, and the county combined the
special levy rate each year. [Tables not included. See ED.
NOTE.]
(5) Nothing in this rule is intended to
prevent the county from using a different allocation procedure if it results in
the same distribution to the taxing districts.
Attachment referenced is not included in rule text.
Click here for PDF of
attachment.
Stat. Auth.: ORS
305.100
Stats. Implemented: ORS
457.450
