Or. Admin. Code § 123-623-1975

Current through Register Vol. 64, No. 1, January 1, 2025

Section 123-623-1975 - Mandatory Parties to Community Service Fee Agreement

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.

Or. Admin. Code § 123-623-1975

OBDD 14-2024, adopt filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075 & 285C.615(7)

Statutes/Other Implemented: ORS 285C.609 & 285C.623