Intergovernmental corrections entities; purposes; powers; bonds; taxes
(1)Pursuant to ORS 190.010 (Authority of local governments to make intergovernmental agreement), 190.020 (Contents of agreement) and 190.085 (Ordinance ratifying intergovernmental agreement creating entity), counties may establish, by agreement ratified by the governing body of each county as provided in ORS 190.085 (Ordinance ratifying intergovernmental agreement creating entity), an intergovernmental corrections entity for the purposes of:
(a)Making application under ORS 423.525 (Application for financial aid) to provide local correctional facilities including, but not limited to, facilities funded under ORS 423.525 (Application for financial aid), including land, structures, equipment, supplies and personnel necessary to acquire, develop, maintain and operate the local correctional facilities; and
(b)Administering local community corrections programs and services.
(2)An intergovernmental corrections entity consists of the entire combined territories of the counties establishing the entity. Notwithstanding any provision in ORS chapter 190 and subject to the provisions of this section, an intergovernmental corrections entity may issue general obligation bonds and assess, levy and collect taxes in support of the purposes of the entity. An intergovernmental corrections entity is not a district for purposes of ORS chapter 198 and is not subject to ORS chapter 451.
(3)To carry out the purposes for which the entity was established and when authorized at an election properly called for that purpose, an intergovernmental corrections entity may borrow money and sell and dispose of general obligation bonds. Approval or denial of the proposition submitted to the electors of the intergovernmental corrections entity shall be by a majority of the electors voting in the election. The proposition submitted to the electors shall make provision for the assessment, levy and collection each year of taxes on the assessed value of all taxable property within the entity to be applied for the purposes of paying the principal and interest on the general obligation bonds. Outstanding bonds may never exceed in the aggregate two percent of the real market value of all taxable property within the entity.
(4)The bonds shall be issued from time to time by the governing body of the entity on behalf of the entity as authorized by the electors of the entity. The bonds shall be issued in accordance with the applicable provisions of ORS chapter 287A.
(5)An intergovernmental corrections entity may impose operating taxes by establishing a permanent rate limit under section 11 (3)(c), Article XI of the Oregon Constitution, and the laws adopted thereunder. An intergovernmental corrections entity may impose other ad valorem property taxes in the manner provided by law.
(6)Local correctional facilities provided by or furnished to a county under this section shall be considered to be jail accommodations of the county for purposes of ORS 135.215 (Direction to sheriff), 137.167 (Imprisonment when county jail is not suitable for safe confinement) and 137.330 (Where judgment of imprisonment in county jail is executed).
(7)An intergovernmental corrections entity may exercise any of the powers granted by this section, any of the powers of an intergovernmental entity created under ORS 190.010 (Authority of local governments to make intergovernmental agreement), 190.020 (Contents of agreement) and 190.085 (Ordinance ratifying intergovernmental agreement creating entity) and any powers necessary to effectuate the purposes for which the entity is formed. These powers include, but are not limited to, the authority to contract or make agreements with third parties, governmental and private, and the authority to expend, consistent with the purposes for which the entity is formed, any tax proceeds, general obligation bond proceeds and other revenues received by the entity. This section and the powers granted by it shall be construed liberally to effectuate its purposes. [1996 c.4 §9; 1997 c.541 §340; 2007 c.783 §73]
Atty. Gen. Opinions
Authority of Motor Vehicles Division to enter into agreement to administer “license” tax by mass transit district, (1974) Vol 37, p 229; authority of Oregon Coastal Zone Management Association to file suit on behalf of member counties to challenge validity of state law, (1977) Vol 38, p 792