457.220 Plan
amendment; limit on additional land and increased maximum indebtedness. (1) Except for the provisions of
subsections (2) and (4) of this section, an urban renewal agency shall carry
out the urban renewal plan approved under ORS 457.095.
(2) Any
substantial change made in the urban renewal plan shall, before being carried
out, be approved and recorded in the same manner as the original plan.
(3) An urban
renewal agency may not by amendments add to the urban renewal areas of a plan
land that is equal to more than 20 percent of the total land area of the
original plan as calculated without taking into account any subsequent
reductions of the area.
(4) On or after
January 1, 2010, the urban renewal agency may amend a plan that is not a large
metropolitan plan as defined in ORS 457.470 to increase the maximum
indebtedness, provided that:
(a) The aggregate
of all amendments under this subsection may not exceed 20 percent of the plan’s
initial maximum indebtedness, as adjusted pursuant to paragraph (b) of this
subsection.
(b) For purposes
of computing the 20 percent limit on increases in maximum indebtedness, the
initial maximum indebtedness may be increased annually on the anniversary date
of initial approval of the plan by the index used in the urban renewal report
to compute the future costs of projects that will be financed under the plan,
beginning on the later of July 1, 1999, or the first anniversary of plan
approval. This increase may be applied only to the first amendment to the
maximum indebtedness that is made on or after January 1, 2010.
(5) The limits in
subsection (4) of this section do not apply if the agency obtains concurrence
as provided in ORS 457.470. [1957 c.456 §9; 1979 c.621 §20; 2009 c.700 §2; 2019
c.580 §9]
Notes of Decisions
Est. of Gold v. City of Portland, 740 P.2d 812 (Or. Ct. App. 1987).
· cites it 4× “[2] The conclusion that the city's amendment of its Urban Renewal Plan was a legislative act is also supported by the provisions of ORS 457.220 that "any substantial change made in the Urban Renewal Plan shall, before being carried out, be approved in the same manner as the…”
Dennehy v. City of Portland, 740 P.2d 806 (Or. Ct. App. 1987).
· cites it 2× “See ORS 457.220(2). We will use the terms "plan" and "amendment" interchangeably in our discussion.”
Umrein v. Nelson, 688 P.2d 419 (Or. Ct. App. 1984).
· cites it 2× “We hold that the proper rule is that, if any change from an urban renewal project is so substantial as to require formal amendment of the urban renewal plan under ORS 457.220(2), 4 then spending any funds for the project without a *108 formal plan amendment is unauthorized and…”
— Or. Rev. Stat. § 457.220(2) — 4 cases
Est. of Gold v. City of Portland, 740 P.2d 812 (Or. Ct. App. 1987).
“[2] The conclusion that the city's amendment of its Urban Renewal Plan was a legislative act is also supported by the provisions of ORS 457.220 that "any substantial change made in the Urban Renewal Plan shall, before being carried out, be approved in the same manner as the…”
Dennehy v. City of Portland, 740 P.2d 806 (Or. Ct. App. 1987).
“See ORS 457.220(2). We will use the terms "plan" and "amendment" interchangeably in our discussion.”
Umrein v. Nelson, 688 P.2d 419 (Or. Ct. App. 1984).
“We hold that the proper rule is that, if any change from an urban renewal project is so substantial as to require formal amendment of the urban renewal plan under ORS 457.220(2), 4 then spending any funds for the project without a *108 formal plan amendment is unauthorized and…”
— Or. Rev. Stat. § 457.220(3) — 1 case
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