Bill Text: OR SB478 | 2013 | Regular Session | Introduced
Bill Title: Relating to urban renewal; declaring an emergency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB478 Detail]
Download: Oregon-2013-SB478-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3312
Senate Bill 478
Sponsored by Senator KRUSE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires approval of urban renewal plan by electors of
municipality proposing plan.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to urban renewal; amending ORS 457.085, 457.095, 457.125
and 457.135; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 457.095 is amended to read:
457.095. { + (1) + } The governing body of the municipality,
upon receipt of a proposed urban renewal plan and report from the
municipality's urban renewal agency and after public notice and
hearing and consideration of public testimony and planning
commission recommendations, if any, may approve the urban renewal
plan { + , subject to approval by registered electors of the
municipality pursuant to subsection (3) of this section + }.
{ + (2) + } The approval shall be by nonemergency
ordinance { + , + } which shall incorporate the plan by reference
{ - . Notice of adoption of the ordinance approving the urban
renewal plan, and the provisions of ORS 457.135, shall be
published by the governing body of the municipality in accordance
with ORS 457.115 no later than four days following the ordinance
adoption. The ordinance shall - } { + and + } include
determinations and findings by the governing body that:
{ - (1) - } { + (a) + } Each urban renewal area is
blighted;
{ - (2) - } { + (b) + } The rehabilitation and
redevelopment is necessary to protect the public health, safety
or welfare of the municipality;
{ - (3) - } { + (c) + } The urban renewal plan conforms to
the comprehensive plan and economic development plan, if any, of
the municipality as a whole and provides an outline for
accomplishing the urban renewal projects the urban renewal plan
proposes;
{ - (4) - } { + (d) + } Provision has been made to house
displaced persons within their financial means in accordance with
ORS 35.500 to 35.530 and, except in the relocation of elderly
individuals or individuals with disabilities, without displacing
on priority lists persons already waiting for existing federally
subsidized housing;
{ - (5) - } { + (e) + } If acquisition of real property is
provided for, that it is necessary;
{ - (6) - } { + (f) + } Adoption and carrying out of the
urban renewal plan is economically sound and feasible; and
{ - (7) - } { + (g) + } The municipality shall assume and
complete any activities prescribed it by the urban renewal plan.
{ + (3) Upon adoption of the ordinance approving the plan,
the governing body of the municipality shall refer the ordinance
to the electors for their approval or rejection at the next
election date specified in ORS 203.085 if the municipality is a
county or ORS 221.230 if the municipality is a city, that is not
sooner than the 90th day following the date of adoption of the
ordinance.
(4) If the electors approve the plan pursuant to subsection (3)
of this section, the governing body of the municipality shall
publish notice of the adoption ordinance and the provisions of
ORS 457.135 in accordance with ORS 457.115 no later than seven
days following the election. + }
SECTION 2. ORS 457.085 is amended to read:
457.085. (1) An urban renewal agency shall provide for public
involvement in all stages in the development of an urban renewal
plan.
(2) An urban renewal plan proposed by an urban renewal agency
shall include all of the following:
(a) A description of each urban renewal project to be
undertaken.
(b) An outline for the development, redevelopment,
improvements, land acquisition, demolition and removal of
structures, clearance, rehabilitation or conservation of the
urban renewal areas of the plan.
(c) A map and legal description of the urban renewal areas of
the plan.
(d) An explanation of its relationship to definite local
objectives regarding appropriate land uses and improved traffic,
public transportation, public utilities, telecommunications
utilities, recreational and community facilities and other public
improvements.
(e) An indication of proposed land uses, maximum densities and
building requirements for each urban renewal area.
(f) A description of the methods to be used for the temporary
or permanent relocation of persons living in, and businesses
situated in, the urban renewal area of the plan.
(g) An indication of which real property may be acquired and
the anticipated disposition of said real property, whether by
retention, resale, lease or other legal use, together with an
estimated time schedule for such acquisition and disposition.
(h) If the plan provides for a division of ad valorem taxes
under ORS 457.420 to 457.460, the maximum amount of indebtedness
that can be issued or incurred under the plan.
(i) A description of what types of possible future amendments
to the plan are substantial amendments and require the same
notice, hearing and approval procedure required of the original
plan under ORS 457.095 as provided in ORS 457.220, including but
not limited to amendments:
(A) Adding land to the urban renewal area, except for an
addition of land that totals not more than one percent of the
existing area of the urban renewal area.
(B) Increasing the maximum amount of indebtedness that can be
issued or incurred under the plan.
(j) For a project which includes a public building, an
explanation of how the building serves or benefits the urban
renewal area.
(3) An urban renewal plan shall be accompanied by a report
which shall contain:
(a) A description of physical, social and economic conditions
in the urban renewal areas of the plan and the expected impact,
including the fiscal impact, of the plan in light of added
services or increased population;
(b) Reasons for selection of each urban renewal area in the
plan;
(c) The relationship between each project to be undertaken
under the plan and the existing conditions in the urban renewal
area;
(d) The estimated total cost of each project and the sources of
moneys to pay such costs;
(e) The anticipated completion date for each project;
(f) The estimated amount of money required in each urban
renewal area under ORS 457.420 to 457.460 and the anticipated
year in which indebtedness will be retired or otherwise provided
for under ORS 457.420 to 457.460;
(g) A financial analysis of the plan with sufficient
information to determine feasibility;
(h) A fiscal impact statement that estimates the impact of the
tax increment financing, both until and after the indebtedness is
repaid, upon all entities levying taxes upon property in the
urban renewal area; and
(i) A relocation report which shall include:
(A) An analysis of existing residents or businesses required to
relocate permanently or temporarily as a result of agency actions
under ORS 457.170;
(B) A description of the methods to be used for the temporary
or permanent relocation of persons living in, and businesses
situated in, the urban renewal area in accordance with ORS 35.500
to 35.530; and
(C) An enumeration, by cost range, of the existing housing
units in the urban renewal areas of the plan to be destroyed or
altered and new units to be added.
(4) An urban renewal plan and accompanying report shall be
forwarded to the planning commission of the municipality for
recommendations, prior to presenting the plan to the governing
body of the municipality for approval under ORS 457.095.
(5) An urban renewal plan and accompanying report shall be
forwarded to the governing body of each taxing district affected
by the urban renewal plan and the agency shall consult and confer
with the taxing districts prior to presenting the plan to the
governing body of the municipality for approval under ORS
457.095. Any written recommendations of the governing body of
each taxing district shall be accepted, rejected or modified by
the governing body of the municipality in adopting the plan.
(6) No urban renewal plan shall be carried out until the plan
has been approved by { - the governing body of - } each
municipality pursuant to ORS 457.095 and 457.105.
SECTION 3. ORS 457.125 is amended to read:
457.125. A copy of the ordinance approving an urban renewal
plan under ORS 457.095 shall be sent by the governing body of the
municipality to the urban renewal agency. A copy of the
resolution approving an urban renewal plan under ORS 457.105
shall be sent by the governing body of a municipality to the
urban renewal agency. Upon receipt of the necessary approval of
each municipality
{ - governing body - } { + pursuant to ORS 457.095 + }, the
urban renewal plan shall be recorded by the urban renewal agency
with the recording officer of each county in which any portion of
an urban renewal area within the plan is situated.
SECTION 4. ORS 457.135 is amended to read:
457.135. After October 3, 1979, any urban renewal plan
purported to be adopted in conformance with applicable legal
requirements shall be conclusively presumed valid for all
purposes 90 days after { - adoption of the plan by ordinance of
the governing body of the municipality - } { + approval of the
plan by the electors of the municipality pursuant to ORS
457.095 + }. No direct or collateral attack on the action may
thereafter be commenced.
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
