294.361
Contents of estimate of budget resources. (1) Each municipal corporation shall estimate in
detail its budget resources for the ensuing year or ensuing budget period by
funds and sources.
(2) Budget
resources include but are not limited to:
(a) The balance
of cash, cash equivalents and investments (in the case of a municipal
corporation on the cash basis) or the net working capital (in the case of a
municipal corporation on the accrual or modified accrual basis of accounting)
that will remain in each fund on the last day of the current year or current
budget period;
(b) Taxes;
(c) Fees;
(d) Licenses;
(e) Fines;
(f) Interest on
deposits or on securities of any kind;
(g) Endowments;
(h) Annuities;
(i) Penalties;
(j) Sales of property
or other assets or products of any kind;
(k) Delinquent
taxes;
(L) Judgments;
(m) Damages;
(n) Rent;
(o) Premiums on
sales of bonds;
(p) Reimbursement
for services, road or other work performed for others;
(q) Transfer or
reverter of unused balances of any kind;
(r) Reimbursement
for services provided other funds;
(s) Rebates;
(t) Refunds of
moneys heretofore paid on any account;
(u)
Apportionment, grant, contribution, payment or allocation from the federal
government, state government or any other governmental units;
(v) Taxes for the
ensuing year or ensuing budget period;
(w) Interfund
revenue transfers; and
(x) Revenues from
any and all other sources of whatsoever kind or character.
(3) Budget
resources do not include:
(a) The estimate
for the ensuing year or ensuing budget period of discounts under ORS 311.505.
(b) The estimate
of uncollectible amounts of taxes, fees or charges for the ensuing year or
ensuing budget period.
(c) Moneys
accumulated under an approved employee deferred compensation plan and interest
or investment returns earned on such moneys.
(d) Grants,
gifts, bequests or devises transferred to a municipal corporation in trust for
specific uses in the year of transfer. However, such grants, gifts, bequests or
devises shall be included as budget resources if, by the time the budget
committee approves the budget, the amount thereof that will be received in the
ensuing year or ensuing budget period can be reasonably estimated. Such grants,
gifts, bequests or devises may be placed in a trust and agency fund, to then be
appropriated from such fund or funds.
(e) Amounts
deducted from taxes pursuant to ORS 294.632. [1963 c.576 §10; subsection (4)
enacted as 1965 c.604 §11; 1969 c.612 §3; 1977 c.102 §3; 1979 c.310 §4; 1997
c.308 §8; 1999 c.632 §4; 1999 c.1051 §268; 2001 c.135 §7; 2005 c.22 §223; 2009
c.477 §5; 2009 c.596 §9]
294.363 [1971 c.516 §10; repealed by 1979
c.686 §10]
294.365 [Amended by 1957 c.310 §2; 1959
c.262 §2; 1961 c.299 §1; 1961 c.678 §1; 1963 c.576 §23; renumbered 294.421]
294.366 [1963 c.576 §12; 2005 c.22 §224;
renumbered 294.373 in 2011]
Notes of Decisions
Napier v. Lincoln Cnty. Sch. Dist., 4 Or. Tax 221 (Or. T.C. 1970).
· cites it 4× “III Did the 1970-1971 budget of the defendant comply with the requirements of the Local Budget Law with respect to the estimate of budget resources as prescribed by ORS 294.361 and 294.381? ORS 294.361 requires each municipal corporation to estimate in detail its “budget…”
Bashaw v. Bear Creek Valley Sanitary Auth., 7 Or. Tax 196 (Or. T.C. 1977).
· cites it 2× “, 4 OTR 221, 228-229 (1970): "ORS 294.361 requires each municipal corporation to estimate in detail its 'budget resources’ for the ensuing year by funds and sources.”
Lane Cnty. v. Paulus, 644 P.2d 616 (Or. Ct. App. 1982).
“See ORS 294.361(2) and 294.460(2). However, we are satisfied that those words in the budget law do not control the term “general cash balance” in ORS 294.”
Gibbons v. Umatilla Cnty. People's Util. Dist., 9 Or. Tax 176 (Or. T.C. 1982).
“352), to estimate the budget resources for the ensuing year by funds and by sources (ORS 294.361), to make the estimate of the tax levy for the ensuing year (ORS 294.”
Smith v. Colton Sch. Dist. No. 53, 10 Or. Tax 295 (Or. T.C. 1986).
“Defendant’s position is based on ORS 294.361 which requires the district to estimate budget resources by funds and sources and specifically authorizes intrafund revenue transfers.”
Sch. Dist. No. 12, Wasco Co. v. Wasco Co., 5 Or. Tax 287 (Or. T.C. 1973).
“- ORS 294.361. While the thrust of the Local Budget Law is to insure accountability and to prohibit hidden funds, some hedging against a deficit is permitted.”
Bashaw v. Bear Creek Valley Sanitary Auth., 597 P.2d 822 (Or. 1979).
“ORS 294.361 in turn directs that the estimate of "budget resources” include balances of funds which will be carried over from the current year, estimated income from a variety of sources, and "apportionment, grant, contribution, payment or allocation from the federal or state…”
Gugler v. Baker Sch. Dist. 5-J, 12 Or. Tax 162 (Or. T.C. 1992).
· cites it 3× “BUDGET RESOURCES Plaintiffs claim defendant’s budget violated ORS 294.361(1) 2 in that it did not show a resource of $722,017.”
Collier v. City of Shady Cove, 14 Or. Tax 355 (Or. T.C. 1998).
“In requiring an estimate of resources in “detail,” ORS 294.361 specifically identifies most of the types of resources had or received by municipal corporations.”
— Or. Rev. Stat. § 294.361(1) — 1 case
Gugler v. Baker Sch. Dist. 5-J, 12 Or. Tax 162 (Or. T.C. 1992).
“BUDGET RESOURCES Plaintiffs claim defendant’s budget violated ORS 294.361(1) 2 in that it did not show a resource of $722,017.”
— Or. Rev. Stat. § 294.361(2) — 2 cases
Lane Cnty. v. Paulus, 644 P.2d 616 (Or. Ct. App. 1982).
“See ORS 294.361(2) and 294.460(2). However, we are satisfied that those words in the budget law do not control the term “general cash balance” in ORS 294.”
Bashaw v. Bear Creek Valley Sanitary Auth., 7 Or. Tax 196 (Or. T.C. 1977).
“, 4 OTR 221, 228-229 (1970): "ORS 294.361 requires each municipal corporation to estimate in detail its 'budget resources’ for the ensuing year by funds and sources.”
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