ORS 199.457
Finances

tax levy by county
donations
service charges
assessments

Text
Annotations 3

(1)

Any county located within the jurisdiction of a boundary commission may levy taxes and expend funds for the purposes of ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts).

(2)

A boundary commission may accept any funds, property or services, or the use of any property donated by any person, district, city or county in carrying out the purposes of ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts).

(3)

A boundary commission, with the approval of the advisory committee appointed under ORS 199.450 (Advisory committee), may establish and collect reasonable service charges from persons, cities, the county or counties and special districts within its jurisdiction to defray the costs of operating the commission and carrying out the purposes of ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). Such charges shall include, but not be limited to, fees for filing a petition or resolution for a boundary change with the commission.

(4)

In addition to any service charges established under subsection (3) of this section, a boundary commission may determine it is necessary to charge cities and counties within its jurisdiction for services and activities carried out under ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). If the commission determines that it is necessary to charge cities and counties within its jurisdiction for any fiscal year, the commission shall determine, with the approval of the advisory committee appointed under ORS 199.450 (Advisory committee), the total amount to be charged and shall assess each city and county with the portion of the total amount as the population of the portion of the city or county within the jurisdiction of the commission bears to the total population of the area within the jurisdiction of the commission. For the purposes of this subsection, the population of a county does not include the population of any city situated within the boundaries of that county.

(5)

In addition to any service charges, established under subsection (3) of this section, a boundary commission may determine it is necessary to charge districts within its jurisdiction for services and activities carried out under ORS 199.410 (Policy) to 199.534 (Legislative annexation of territory to cities and districts). If the commission determines that it is necessary to charge districts within its jurisdiction for any fiscal year, the commission shall determine, with the approval of the advisory committee appointed under ORS 199.450 (Advisory committee), the total amount to be charged and shall assess each district with the portion of the total amount as the assessed valuation of the district within the jurisdiction of the commission bears to the total assessed valuation of all districts within the jurisdiction of the commission. However, assessments shall not be made by a boundary commission under this subsection against a highway lighting district organized under ORS chapter 372, a vector control district organized under ORS chapter 452 or a county service district organized under ORS chapter 451 for the purpose of providing street lighting works or vector control.

(6)

For each fiscal year beginning on or after July 1, 1982, the commission shall notify each city, county or district governing body of its intent to levy an assessment under this section and the amount of the assessment for each city, county and district at least 120 days before the beginning of the fiscal year for which the assessment will be made.

(7)

The decision of the commission to assess the cities, counties and districts within its jurisdiction, and the amount of the assessment upon each, shall be binding upon those governmental bodies. Cities, counties and districts shall pay their assessment in equal quarterly payments as the commission may require except that any city or district with a total annual assessment of less than $100 shall pay the total assessment in one installment at the time specified for the second quarterly payment.

(8)

When a city or district located in a county outside the jurisdiction of a boundary commission annexes or otherwise incorporates territory located within the jurisdiction of a boundary commission, the boundary commission shall assess the city or district with the portion of the total amount determined under subsection (4) or (5) of this section as the assessed valuation of the territory of the city or district within the jurisdiction of the boundary commission bears to the total assessed valuation of the entire city or district. [Formerly 199.535; 1981 c.265 §8; 1983 c.336 §5; 1989 c.92 §14; 1997 c.516 §3; 2007 c.239 §12]

(Jurisdiction; General Procedure)

Source: Section 199.457 — Finances; tax levy by county; donations; service charges; assessments, https://www.oregonlegislature.gov/bills_laws/ors/ors199.html.

Notes of Decisions

Charges imposed on districts to finance commission activities comply with constitutional requirement for uniformity of taxation notwithstanding that some geographic areas may be located within more than one assessed district. Tualatin Fire Dist. v. Portland Metro. Area Local Government Boundary Comm., 9 OTR 281 (1983)

Boundary commission is not required to consider petition to incorporate city until required filing fee has been paid, and 120-day period for commission to approve or disapprove petition does not begin to run until fee is paid. Aloha Advisory Comm. v. Port. Metro. Area LGBC, 72 Or App 299, 695 P2d 941 (1985), Sup Ct review denied

Attorney General Opinions

Funding methods for boundary commission, (1982) Vol 42, p 277

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 199.457 Finances

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Notes of Decisions

Attorney General Opinions

ORS 199.457
Finances