Title 223 · ORS Chapter 223
223.144, shall provide for enactment of a business license fee ordinance that: ����� (a) Describes the economic improvement project to be undertaken or constructed. ����� (b) Contains a preliminary
Citation: ORS 223.144
Section: 223.144
223.144, shall provide for enactment of a business license fee ordinance that:
����� (a) Describes the economic improvement project to be undertaken or constructed.
����� (b) Contains a preliminary estimate of the probable cost of the economic improvement.
����� (c) Describes the boundaries of the district in which property will be assessed.
����� (d) Specifies the number of years, to a maximum of five, in which business license fees for the economic improvement will be imposed.
����� (e) Contains provision for notices to be mailed or delivered personally to affected persons that announce the intention of the council to construct or undertake the economic improvement project and to impose a business license fee upon persons conducting business within the district for a part or all of the cost. The notice shall state the time and place of the public hearing required under paragraph (f) of this subsection.
����� (f) Provides for a hearing not sooner than 30 days after the mailing or delivery of notices to affected persons at which the persons may appear to support or object to the proposed improvement and business license fee.
����� (2) The ordinance shall also:
����� (a) Provide that if, after the hearing held under subsection (1)(f) of this section, the council determines that the economic improvement shall be made, the council shall determine whether the businesses benefited shall bear all or a portion of the cost and shall determine, based on the actual or estimated cost of the economic improvement, the amount of the business license fee.
����� (b) Require notice of such proposed business license fee to be mailed or personally delivered to each person conducting business within the proposed economic improvement district, which notice shall state the amount of the business license fee. The notice shall state the time and place of a public hearing at which affected persons may appear to support or object to the proposed business license fee. The hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices.
����� (c) Provide that the council shall consider the objections of persons subject to the proposed business license fee and may adopt, correct, modify or revise the proposed business license fee.
����� (d) Provide that the business license fee will not be imposed and the economic improvement project terminated when written objections are received at the public hearing from more than 33 percent of persons conducting business within the economic improvement district who will be subject to the proposed business license fee. [1991 c.698 �3]
����� 223.150 [Repealed by 1971 c.741 �38]
����� 223.151 Advisory committee; functions. An ordinance adopted under ORS 223.144, may require creation, for each economic improvement district, of an advisory committee to develop a plan and to allocate expenditure of moneys for economic improvement activities within the scope of ORS 223.141 to 223.161. If an advisory committee is created, the council shall appoint persons conducting business within the economic improvement district to the advisory committee. An existing association of persons conducting business within an economic improvement district may enter into an agreement with the city to provide the economic improvement. [1991 c.698 �4]
����� 223.154 Extension of business licensing period. When the council considers it necessary to impose business license fees upon persons conducting business in an economic improvement district for longer than the period of time specified in the ordinance that created the district, the council shall enact an ordinance that provides for continued business license fees for a specified number of years and grants to persons conducting business in the district the notice and right of remonstrance described in ORS 223.147 (2)(b) to (d). [1991 c.698 �5]
����� 223.155 [Repealed by 1971 c.741 �38]
����� 223.157 Expenditure of business license fees; liability for unauthorized expenditures. (1) A city council shall not expend any moneys derived from business license fees levied under ORS 223.141 to 223.161 for any purpose different from the purpose described in the ordinance adopted under ORS 223.144.
����� (2) Any public official who expends any moneys derived from business license fees levied under ORS 223.141 to 223.161 for any purpose different from the purpose described in an ordinance adopted under ORS 223.144 shall be civilly liable for the return of the moneys by suit of the district attorney of the county in which the city is located or by suit of any taxpayer of the city. [1991 c.698 �6]
����� 223.160 [Repealed by 1971 c.741 �38]
����� 223.161 Effect of local improvement districts or urban renewal districts. (1) The existence of local improvement districts or urban renewal districts in a city does not affect the creation of economic improvement districts under ORS 223.141 to 223.161.
����� (2) The authority granted to cities by ORS 223.141 to 223.161 is in addition to any other authority a city may have under state law, its charter or its ordinances to create or finance economic improvement districts. [1991 c.698 �7]
����� 223.165 [Repealed by 1971 c.741 �38]
����� 223.170 [Repealed by 1971 c.741 �38]
����� 223.175 [Repealed by 1971 c.741 �38]
FINANCING LOCAL IMPROVEMENTS (BANCROFT BONDING ACT)
����� 223.205 Scope and application; validation of bond issues by cities of 100,000 or more. (1) ORS 223.205 and 223.210 to