Local Improvements and Works Generally

ORS 223.845
Limitation on operation of parking facilities

  • use of revenues after issuance of revenue bonds
  • excess revenues


(1)

If a city establishes an off-street motor vehicle parking facility under ORS 223.810 (Establishment of motor vehicle parking facilities), the city may operate the off-street motor vehicle parking facility or lease the facility under ORS 223.820 (Planning, constructing and contracting for the operation of or leasing parking facilities). The city may not operate service concessions in an off-street motor vehicle parking facility. If a city issues revenue bonds under ORS 223.825 (Financing of parking facilities) to finance the acquisition and construction of an off-street motor vehicle parking facility, the city shall provide, for as long as those revenue bonds are outstanding, that the revenues derived from the operation of the off-street motor vehicle parking facility be disbursed by the city for some or all of the following purposes:

(a)

Payment of interest on and retirement of principal of bonds issued by the city for financing the acquisition or construction of the off-street motor vehicle parking facility or other parking facilities of the city.

(b)

Payment of the necessary costs and expenses of operating the off-street motor vehicle parking facility and other parking facilities of the city.

(c)

Creation and maintenance of a reserve account to make necessary replacements to the off-street motor vehicle parking facility and other parking facilities of the city.

(d)

Payment to the taxing bodies in lieu of taxes an amount equal to the ad valorem taxes that would be derived from the off-street motor vehicle parking facility if under private ownership.

(e)

Reimbursement of owners of real property for special assessments paid by them and levied against real property to finance the off-street motor vehicle parking facility.

(f)

Payment to the city of a fair return on its investment in parking facilities for the purpose of making additional parking and traffic improvements.

(2)

If an off-street motor vehicle parking facility generates more revenue than required for the purposes described in subsection (1) of this section, the governing body of the city shall reduce the rates charged for the use of the off-street motor vehicle parking facility. [Amended by 1959 c.653 §10; 1999 c.559 §3]
§§ 223.805 to 223.845

Atty. Gen. Opinions

Application of Ballot Measure 47 (Oregon Constitution Article XI, section 11g) to issuance of bonds for specific local improvements, (1996) Vol 48, p 67

Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021