Chapter 294 — County
and Municipal Financial Administration
2011 EDITION
MUNICIPAL FINANCIAL ADMINISTRATION
PUBLIC FINANCIAL ADMINISTRATION
GENERAL PROVISIONS
294.004 Definitions
COUNTY AND MUNICIPAL FINANCIAL
ADMINISTRATION
(Generally)
294.005 Definitions
for ORS 294.005 to 294.025
294.010 Surrender
of warrants upon payment
294.015 Payment
on lost, stolen or destroyed warrants upon affidavit of owner, payee or
representative
294.025 Effect
of wrongful payment; liability of officer
294.027 Provisions
relating to warrants and payment of claims
294.028 Payment
of warrants by depository
294.029 Provisions
of ORS 294.027 and 294.028 not mandatory
294.030 Deductions
for bonds from compensation of municipal and other employees; purchasing bonds
in advance
294.033 Investment
of deferred compensation funds
294.035 Investment
of surplus funds of political subdivisions; approved investments
294.040 Restriction
on investments under ORS 294.035
294.046 List
of approved securities for investment under ORS 294.035; distribution
294.047 Loss
of principal on liquidation of investments
294.048 Borrowing
money when premature withdrawal or liquidation of certain investments would
cause loss
294.050 County
borrowing money from county general road fund
294.052 Definitions;
investment by municipality of proceeds of bonds
294.053 Investment
by county in master warrants of county
294.055 Use
by counties of moneys received from federal government under the Mineral
Leasing Act
294.060 Apportionment
of moneys received by counties from federal forest reserves to road and school
funds
294.065 Use
by counties of moneys received from federal government under the federal Flood
Control Act
294.070 Expenditure
of Taylor Grazing Act funds; advisory board
294.080 Disposition
of interest earned on funds held by county treasurer
294.085 Examining
books and papers of county officers
294.090 County
orders and vouchers to be numbered to correspond to warrants drawn
294.095 Action
or proceeding with respect to budget or levy; fiscal year with respect to which
taken
294.100 Public
official expending money in excess of amount or for different purpose than
provided by law unlawful; civil liability
294.120 Use
of facsimile signatures
294.125 Investment
of funds authorized by order of governing body; limitations
294.135 Investment
maturity dates
294.145 Prohibited
conduct for custodial officer
294.155 Annual
audit report; monthly report
294.160 Opportunity
for public comment on new fee or fee increase
COUNTY ASSESSMENT FUNDING ASSISTANCE
PROGRAM
294.175 Definitions;
county expenditures for assessment; determination of adequacy; certification of
adequacy; appeal of denial of certification; effect of certification
294.178 Assessment
grant to county; determination of grant amount
294.181 Alternative
method for certification
294.184 County
Assessment Function Funding Assistance Account; sources; purpose
294.187 County
Assessment and Taxation Fund; sources; purpose
PUBLICATION OF FINANCIAL REPORTS
294.250 Publication
by county governing body of schedule of expenditures and statement of
proceedings; manner of publication; notice
LOCAL BUDGET LAW
294.305 Sections
constituting Local Budget Law
294.311 Definitions
for ORS 294.305 to 294.565
294.316 Application
294.321 Purposes
294.323 Budget
period
294.331 Budget
officer
294.333 Basis
of accounting used by municipal corporation; change of basis
294.338 Compliance
with Local Budget Law required prior to expenditure or tax certification;
exceptions
294.343 Internal
service funds
294.346 Reserve
fund established without vote; review of need for reserve fund; unexpended
balances; application to system development charges
294.353 Elimination
of unnecessary fund; disposition of balance
294.358 Expenditure
and resource estimate sheets; made part of budget document
294.361 Contents
of estimate of budget resources
294.368 Determination
of estimated tax revenues
294.373 Reserving
receipts from revenue-producing property or facility; deposit in special fund
294.378 Certain
interest to be included in budget; method
294.383 Inclusions
in accrued revenues of school, education service, community college and
community college service districts using accrual basis of accounting; State
School Fund grant calculations
294.388 Estimates
and reconciliation of expenditures and other requirements; form and contents
294.393 Preparation
of estimates by school, education service and community college districts and
by municipal corporations operating public utility or hospital
294.398 Estimate
of unappropriated ending fund balance for each fund
294.403 Budget
message
294.408 Time
of making budget message and document
294.414 Budget
committee
294.423 Governing
body of certain municipal corporations to be budget committee; exception
294.426 Budget
committee meeting; notice; receipt of budget message and document; provision of
copies of document
294.428 Budget
committee hearings; approval of budget document
294.431 Submission
of budget document to tax supervising and conservation commission before date
of public hearing
294.433 Format
for notices and summaries
294.438 Publication
of notice of meeting, financial summary and budget summary; requirements of
financial summary and notice of meeting; rules
294.441 Requirements
for financial summaries of school, education service and community college
districts
294.444 County
budget summary of revenues and expenditures funded in part by state resources
294.448 Manner
of publication; alternative requirements in certain cases
294.451 Sufficiency
of publication of budget documents; notice to governing body and assessor of
publication error
294.453 Hearing
by governing body on budget document as approved by budget committee;
alternative procedure in certain cases
294.456 Governing
body to adopt budget, make appropriations, declare and categorize property tax
amount or rate; amendment of budget estimates, appropriations and tax amounts
or rates limited; requirements for appropriations and tax amounts or rates
294.458 Filing
copy of budget and certain documents with county assessor and Department of
Revenue; records
294.461 Tax
certification contrary to law voidable by Oregon Tax Court; appeal procedure
294.463 Transfers
of appropriations within fund or between funds
294.466 Appropriation
of pass-through revenues
294.468 Loans
from one fund to another; commingling cash balances of funds
294.471 Supplemental
budget in certain cases; no increase in property taxes permitted
294.473 Procedure
when supplemental budget changes estimated expenditures by more than 10 percent
294.476 Local
option tax approved after adoption of budget; supplemental budget
294.478 School
or community college district expending federal or state funds in emergency
294.481 Authorization
to receive grants or borrow or expend moneys to respond to public emergency
294.490 Department
of Revenue not to interfere with fiscal policy of municipal corporation
294.495 Department
of Revenue to construe Local Budget Law; rules
294.500 Declaratory
ruling by Department of Revenue as to its rules; rules
294.505 Division
of Audits to issue notification of budgetary irregularities; Department of
Revenue to advise municipal corporation of correct procedures
294.510 Order
for revision of budgetary procedures; enforcement
294.515 Appeal
by municipal corporation from Department of Revenue order
294.520 Priority
of appeals under Local Budget Law
294.565 Failure
to file copy of required budget, reports or other documents; effect
TAX SUPERVISING AND CONSERVATION
COMMISSION
294.605 Definitions
for ORS 294.605 to 294.705
294.608 Populous
counties; establishment of tax supervising and conservation commission or
submission of financial summary
294.610 Tax
supervising and conservation commission; members; appointment; qualifications;
term; removal; filling vacancies
294.615 Oath
of commissioner
294.620 Office
of commission; employment and compensation of assistants
294.625 Jurisdiction
of commission
294.630 Tax
supervising and conservation commission account
294.632 Commission
calculation and report of costs; municipal corporation reimbursement of
commission costs
294.635 Submission
of budget estimates by levying boards
294.640 Hearing
on budget
294.645 Consideration
of budget by commission; certifying objections or recommendations to levying
board; procedure where municipality holds hearing in place of commission
294.650 Striking
unauthorized items from budget; reducing total amount to within limits
permitted by law and Constitution
294.655 Hearing
on special tax levies and bond issues proposed for elector approval
294.660 Compiling
information as to indebtedness; including in annual report
294.665 Levying
board to submit audit report or financial statements annually
294.670 Commission
may inquire into management, books and systems; rules
294.675 Calling
joint meetings of levying boards
294.680 Certifying
excessive or unauthorized expenditures to district attorney; action by district
attorney
294.685 Annual
report by commission
294.690 Records
and files of commission open to public inspection
294.695 Attorney
General as legal advisor and counsel to commission
294.700 Proceedings
to collect penalties
294.705 Tax
supervising and conservation commission fund
294.710 Procedures
for establishing commission; annual appropriations
LOCAL GOVERNMENT EMPLOYER BENEFIT TRUST
FUND
294.725 Definitions
for ORS 294.725 to 294.755
294.730 Fund
created; State Treasurer as custodian; use of moneys; distribution of earnings
294.735 Payments
to fund by political subdivisions; benefit cost rate, account reserve ratio and
percentage rate determinations and redeterminations; effect of negative
balance; refunds; extended plans of additional payments
294.740 Refund
of account balances; payment of deficits; erroneous benefit payments
294.745 Analysis
of fund receipts and expenditures; report to Legislative Assembly
294.750 Experience
and liability of successor political subdivisions; unpaid assessment
294.755 Payment
on quarterly basis; remedies for collection
LOCAL GOVERNMENT INVESTMENT POOL
294.805 Definitions
for ORS 294.805 to 294.895
294.810 Local
governments authorized to place limited funds in pool
294.815 Period
of investments; withdrawal of funds
294.820 Establishment
of investment pools by intergovernmental agreement; conditions; powers
294.825 State
Treasurer as investment officer; bond; employment of personnel; rules
294.831 Investment
objective; limit on maturity dates
294.835 Standard
of care; investment in certain stocks prohibited
294.840 Investment
policies; review; separate policies for individual public bodies
294.845 Investment
officer to invest, reinvest pool funds
294.847 Prohibited
conduct for investment officer
294.850 Contracts
with persons to perform investment functions; compensation; bond
294.855 Legal
opinions; investment counseling services; mortgage services
294.860 Custody
of investment documents; collection of income; distribution to local
governments; calculation and allocation of profit and loss; defaulted payments
of principal and interest, collection, compromise
294.865 Monthly
deductions from income received for payment of expenses
294.870 Separate
accounts for local governments; reports on investment changes and monthly
financial statements required
294.875 Monthly
report of investments of pool funds; distribution
294.880 Program
examination and audit; report; distribution
294.882 Merger
or subsequent separation of local government investment pool and state
investment fund; preconditions
294.885 Oregon
Short Term Fund Board; members; appointment; term; vacancies
294.890 Board
members serve without compensation; selection of chairperson
294.895 Board
duties, generally
COUNCILS OF GOVERNMENTS
294.900 “Council
of governments” defined
294.905 Budget
committee; membership; term; vacancies; officers; meetings to be public
294.910 Estimates
of expenditures; organization and format; matters to be included
294.915 Notice
of budget committee meeting; public availability of documents
294.920 Hearing
on budget document
294.925 Supplemental
budget; conditions; term; publication
294.930 Authority
of Department of Revenue; budget records maintained by council of governments
MISCELLANEOUS
294.950 County
revenue sharing with cities
294.960 Collection
and disposition of amounts due counties
PENALTIES
294.990 Penalties
GENERAL PROVISIONS
294.004 Definitions.
For the purposes of this chapter, unless the context requires otherwise:
(1)
“Local government” means any county, municipality, political subdivision or
school district.
(2)
“Custodial officer” means the officer having custody of the funds of any
county, municipality, political subdivision or school district.
(3)
“Deferred compensation plan” means a plan, established by any employer that is
a county, municipality, political subdivision or school district, that has as
its purposes the deferral of compensation to employees of such employer and the
deferral of income taxation on such deferred compensation.
(4)
“Deferred employee compensation” means funds under an agreement providing for
payment at a future date by a municipal corporation for services currently
rendered by an eligible employee in fixed or variable amounts for life or for a
guaranteed number of years after retirement or termination of employment.
(5)
“Nationally recognized statistical rating organization” has the meaning given
that term in Rule 15c3-1 under the Securities Exchange Act of 1934, as amended.
(6)
“Surplus funds” means all funds that are not pension funds and that are not
required for immediate expenditure. [1975 c.359 §2; 1977 c.470 §1; subsection
(4) enacted as 1977 c.102 §1; 1995 c.245 §1; 1997 c.179 §25]
COUNTY AND MUNICIPAL FINANCIAL
ADMINISTRATION
(Generally)
294.005 Definitions for ORS 294.005 to
294.025. As used in ORS 294.005 to 294.025,
unless the context requires otherwise:
(1)
“Warrant” means a warrant issued by a subdivision.
(2)
“Subdivision” means any county, municipal corporation, quasi-municipal
corporation, or civil or political subdivision in this state.
294.010 Surrender of warrants upon payment.
Subject to ORS 294.015, no warrant issued by a subdivision shall be paid unless
such warrant is surrendered and delivered to the officer charged with the
payment thereof, contemporaneously with payment or prior thereto.
294.015 Payment on lost, stolen or
destroyed warrants upon affidavit of owner, payee or representative.
A warrant may be paid without surrender or delivery thereof if the one claiming
to be the lawful owner of the warrant:
(1)
Satisfies the officer by whom payment is to be made that the warrant has been
lost, stolen or destroyed prior to the owner having received value therefor or having negotiated the warrant; and
(2)
Furnishes to the issuing officer a written statement signed by such person
specifically alleging that the owner is the lawful owner, payee or legal
representative of the lawful owner or payee of the original instrument giving
the date of issue, the number, amount, for what services or claim the original
instrument was issued and that the original instrument has been lost, destroyed
or stolen, and has not been paid. However, if the lawful owner, payee or legal
representative is (a) a bank or national bank, (b) the federal government or
(c) this state or any board, department, commission or subdivision of this
state, or any officer thereof in the officer’s official capacity, a certificate
may be furnished in lieu of an affidavit or affirmation. The issuing officer
may also, in the officer’s discretion, require the bank or national bank to
furnish a satisfactory indemnity agreement executed by the bank or national
bank. [Amended by 1979 c.763 §6]
294.020
[Repealed by 1979 c.763 §7]
294.025 Effect of wrongful payment;
liability of officer. When any warrant is paid, other
than as authorized by ORS 294.005 to 294.025, such wrongful payment does not
relieve the political body issuing the warrant from liability to the true and
lawful owner thereof. However, the officer or person making such wrongful
payment and the sureties on the official bond of the officer or person, if any,
shall be responsible to the political body represented by the officer or person
in making such payment, for the full amount of the loss occasioned thereby. [Amended
by 2005 c.22 §222]
294.027 Provisions relating to warrants
and payment of claims. (1) In addition to any other
provisions of law for the issuance and payment of warrants of any municipal or
quasi-municipal corporation or civil subdivision of this state other than
school districts, the governing body thereof may by resolution authorize such practices
with respect to the form, issuance, delivery, indorsement
and payment of warrants as it shall deem convenient, efficient and in the
public interest, conforming substantially to those specified in subsection (1)
or (2) of this section or in ORS 294.028.
(2)
Such governing body may authorize the use of check-warrant forms, to be drawn
by its appropriate warrant issuing officer or officers upon the custodian of
its funds, so prepared that such custodian may, by subscribing a direction to
the depository of such funds to pay the same to the order of the payee, convert
the instrument to a check or, by subscribing an indorsement
that such warrant is not paid for want of funds, convert the same to an
interest-bearing warrant and such governing body may direct that such
check-warrants shall not be delivered to the payees therein named until such
direction or indorsement shall have been subscribed
by the custodian of its funds.
(3)
Such governing body may provide that when funds are available for the payment of
approved claims, the approval of claims for payment shall, without the issuance
of any warrant, be authority to the custodian of its funds to pay such claims
by check. [1953 c.664 §1]
294.028 Payment of warrants by depository.
When authorized by the governing body, any custodian of funds of any municipal
or quasi-municipal corporation or civil subdivision of this state other than a
school district may direct the depository of such funds to pay any warrant
drawn upon such custodian upon presentment of such warrant to such depository,
to the same extent and with the same effect as though such warrant were a check
drawn upon such depository by such custodian. Such direction shall be in
writing and shall identify by name and signature the warrant issuing officer or
officers and such depository may rely upon such direction and identification in
the payment of such warrants. [1953 c.664 §2]
294.029 Provisions of ORS 294.027 and
294.028 not mandatory. Nothing contained in ORS 294.027
or 294.028 shall be deemed to require any municipal or quasi-municipal
corporation or civil subdivision of this state or any custodian of public funds
to exercise any of the powers conferred by such sections. [1953 c.664 §3]
294.030 Deductions for bonds from
compensation of municipal and other employees; purchasing bonds in advance.
(1) The governing body of a municipal corporation, quasi-municipal corporation
or civil subdivision of the state may, with the approval of the relevant
employees of the municipal corporation, quasi-municipal corporation or civil
subdivision, make deductions from their salaries and wages for the purpose of
purchasing for them United States War Savings Bonds or other federal
obligations.
(2)
The governing body shall take proper precautions for the depositing, securing
and disbursing of the sums so deducted and for the delivering of all bonds or
other obligations purchased.
(3)
Balances to the credit of the accounts in which the sums so deducted are
deposited may be used for the purchase in advance, from the federal government
or from any federal reserve bank or other authorized federal agency, of war
savings bonds or other obligations of the federal government, either in blank
or in inscribed form, in convenient denominations to meet the requirements of the
purchasers thereof.
294.033 Investment of deferred
compensation funds. Funds set aside by any local
government pursuant to a deferred compensation plan may be invested in any
investment enumerated in ORS 294.035 and are not subject to the collateral requirements
of ORS chapter 295. [1977 c.470 §3; 1997 c.179 §26; 2005 c.91 §1]
294.035 Investment of surplus funds of
political subdivisions; approved investments. (1)
Subject to ORS 294.040 and 294.135 to 294.155, the custodial officer may invest
any sinking fund, bond fund or surplus funds in the custody of the custodial
officer in the bank accounts, classes of securities at current market prices,
insurance contracts and other investments listed in this section, but only
after obtaining from the governing body of the county, municipality, political
subdivision or school district a written order that has been entered in the
minutes or journal of the governing body.
(2)
This section does not:
(a)
Limit the authority of the custodial officer to invest surplus funds in other
investments when the investment is specifically authorized by another statute.
(b)
Apply to a sinking fund or a bond fund established in connection with conduit
revenue bonds issued by a county, municipality, political subdivision or school
district for private business entities or nonprofit corporations.
(3)
Investments authorized by this section are:
(a)
Lawfully issued general obligations of the United States, the agencies and
instrumentalities of the United States or enterprises sponsored by the United
States Government and obligations whose payment is guaranteed by the United
States, the agencies and instrumentalities of the United States or enterprises
sponsored by the United States Government.
(b)
Lawfully issued debt obligations of the agencies and instrumentalities of the
State of Oregon and its political subdivisions that have a long-term rating of
A or an equivalent rating or better or are rated on the settlement date in the
highest category for short-term municipal debt by a nationally recognized
statistical rating organization.
(c)
Lawfully issued debt obligations of the States of California, Idaho and
Washington and political subdivisions of those states if the obligations have a
long-term rating of AA or an equivalent rating or better or are rated on the
settlement date in the highest category for short-term municipal debt by a
nationally recognized statistical rating organization.
(d)
Time deposit open accounts, certificates of deposit and savings accounts in
insured institutions as defined in ORS 706.008, in credit unions as defined in
ORS 723.006 or in federal credit unions, if the institution or credit union
maintains a head office or a branch in this state.
(e)
Share accounts and savings accounts in credit unions in the name of, or for the
benefit of, a member of the credit union pursuant to a plan of deferred
compensation.
(f)
Fixed or variable life insurance or annuity contracts as defined by ORS 731.170
and guaranteed investment contracts issued by life insurance companies
authorized to do business in this state.
(g)
Trusts in which deferred compensation funds from other public employers are
pooled, if:
(A)
The purpose is to establish a deferred compensation plan;
(B)
The trust is a public instrumentality of such public employers and described in
section (2)(b) of the Investment Company Act of 1940, 15 U.S.C. 80a-2(b), as
amended, in effect on September 20, 1985, or the trust is a common trust fund
described in ORS 709.170;
(C)
Under the terms of the plan the net income from or gain or loss due to
fluctuation in value of the underlying assets of the trust, or other change in
such assets, is reflected in an equal increase or decrease in the amount
distributable to the employee or the beneficiary thereof and, therefore, does
not ultimately result in a net increase or decrease in the worth of the public
employer or the state; and
(D)
The fidelity of the trustees and others with access to such assets, other than
a trust company, as defined in ORS 706.008, is insured by a surety bond that is
satisfactory to the public employer, issued by a company authorized to do a
surety business in this state and in an amount that is not less than 10 percent
of the value of such assets.
(h)(A)
Banker’s acceptances, if the banker’s
acceptances are:
(i) Guaranteed by, and carried on the books of, a qualified
financial institution;
(ii)
Eligible for discount by the Federal Reserve System; and
(iii)
Issued by a qualified financial institution whose short-term letter of credit
rating is rated in the highest category by one or more nationally recognized
statistical rating organizations.
(B)
For the purposes of this paragraph, “qualified financial institution” means:
(i) A financial institution that is located and licensed to
do banking business in the State of Oregon; or
(ii)
A financial institution that is wholly owned by a financial holding company or
a bank holding company that owns a financial institution that is located and
licensed to do banking business in the State of Oregon.
(C)
A custodial officer shall not permit more than 25 percent of the moneys of a
local government that are available for investment, as determined on the
settlement date, to be invested in banker’s
acceptances of any qualified financial institution.
(i)(A) Corporate indebtedness subject to a valid
registration statement on file with the Securities and Exchange Commission or
issued under the authority of section 3(a)(2) or 3(a)(3) of the Securities Act
of 1933, as amended. Corporate indebtedness described in this paragraph does
not include banker’s acceptances. The corporate
indebtedness must be issued by a commercial, industrial or utility business
enterprise, or by or on behalf of a financial institution, including a holding
company owning a majority interest in a qualified financial institution.
(B)
Corporate indebtedness must be rated on the settlement date P-1 or Aa or better by Moody’s Investors Service or A-1 or AA or
better by Standard & Poor’s Corporation or equivalent rating by any
nationally recognized statistical rating organization.
(C)
Notwithstanding subparagraph (B) of this paragraph, the corporate indebtedness
must be rated on the settlement date P-2 or A or better by Moody’s Investors
Service or A-2 or A or better by Standard & Poor’s Corporation or
equivalent rating by any nationally recognized statistical rating organization
when the corporate indebtedness is:
(i) Issued by a business enterprise that has its
headquarters in Oregon, employs more than 50 percent of its permanent workforce
in Oregon or has more than 50 percent of its tangible assets in Oregon; or
(ii)
Issued by a holding company owning not less than a majority interest in a
qualified financial institution, as defined in paragraph (h) of this
subsection, located and licensed to do banking business in Oregon or by a
holding company owning not less than a majority interest in a business
enterprise described in sub-subparagraph (i) of this
subparagraph.
(D)
A custodial officer may not permit more than 35 percent of the moneys of a
local government that are available for investment, as determined on the
settlement date, to be invested in corporate indebtedness, and may not permit
more than five percent of the moneys of a local government that are available
for investment to be invested in corporate indebtedness of any single corporate
entity and its affiliates or subsidiaries.
(j)
Repurchase agreements whereby the custodial officer purchases securities from a
financial institution or securities dealer subject to an agreement by the
seller to repurchase the securities. The repurchase agreement must be in
writing and executed in advance of the initial purchase of the securities that
are the subject of the repurchase agreement. Only securities described in
paragraph (a) of this subsection may be used in conjunction with a repurchase
agreement and such securities shall have a maturity of not longer than three
years. The price paid by the custodial officer for such securities may not
exceed amounts or percentages prescribed by written policy of the Oregon
Investment Council or the Oregon Short Term Fund Board created by ORS 294.885.
(k)
Shares of stock of any company, association or corporation, including but not
limited to shares of a mutual fund, but only if the moneys being invested are
funds set aside pursuant to a local government deferred compensation plan and
are held in trust for the exclusive benefit of participants and their
beneficiaries. [Amended by 1957 c.53 §1; 1957 c.689 §1; 1965 c.404 §1; 1973
c.157 §1; 1973 c.288 §1; 1974 c.36 §9; 1975 c.359 §3; 1977 c.300 §1; 1981 c.804
§84; 1981 c.880 §13; 1983 c.456 §2; 1985 c.256 §2; 1985 c.440 §1; 1985 c.690 §2;
1987 c.493 §1; 1991 c.459 §379; 1993 c.59 §1; 1993 c.452 §1; 1993 c.721 §1;
1995 c.79 §102; 1995 c.245 §2; 1997 c.249 §91; 1997 c.631 §446; 1999 c.601 §1;
2001 c.377 §43; 2003 c.405 §1; 2005 c.443 §§13,13a; 2009 c.821 §25]
294.040 Restriction on investments under
ORS 294.035. The bonds listed in ORS 294.035 (3)(a)
to (c) may be purchased only if there has been no default in payment of either
the principal of or the interest on the obligations of the issuing county,
port, school district or city, for a period of five years next preceding the
date of the investment. [Amended by 1995 c.245 §3; 2005 c.443 §21]
294.045
[Amended by 1959 c.224 §1; 1973 c.157 §2; repealed by 1975 c.359 §7]
294.046 List of approved securities for
investment under ORS 294.035; distribution. The
State Treasurer shall prepare and keep current a list of agencies and
instrumentalities of the United States with available obligations that any
county, municipality, political subdivision or school district may invest in
under ORS 294.035 (3)(a) and 294.040. The list shall be distributed, upon
request, to any county, municipality, political subdivision or school district.
[1973 c.157 §3; 1975 c.359 §4; 1995 c.245 §4; 2005 c.443 §22]
294.047 Loss of principal on liquidation
of investments. Whenever the custodial officer
is forced to liquidate investments made pursuant to ORS 294.035 and 294.040 to
meet current cash demands and such liquidation results in a loss of invested
principal because the securities were liquidated prior to maturity under market
conditions unfavorable to such liquidation, the loss shall be charged against
current or future investment earnings and the custodial officer shall not be
personally liable to make good such loss. [1959 c.612 §1; 1963 c.465 §1; 1975
c.359 §5]
294.048 Borrowing money when premature
withdrawal or liquidation of certain investments would cause loss.
When funds invested under ORS 294.035 (3)(d) are required to meet current cash
demands and when withdrawal or liquidation of such investments at the time
would cause a loss because the investment would be withdrawn or liquidated
prior to maturity, the custodial officer may, after receiving the approval of
the governing body, borrow funds on short-term promissory notes that shall be
secured by pledging or assigning the investments held under ORS 294.035 (3)(d).
The notes shall mature in not more than six months after date of issue. If a
lender demands physical possession of the certificates of deposit or other
evidence of an investment pledged or assigned under this section, the custodial
officer shall deliver the certificate or other evidence to the lender. [1967
c.411 §1; 1975 c.359 §6; 1995 c.245 §5; 2005 c.443 §23]
294.050 County borrowing money from county
general road fund. The county court or board of
county commissioners may borrow money from the general road fund of the county
to supplement depleted election accounts within the general fund of the county
if there is no money within the emergency fund of the county to supplement the
depleted accounts within the general fund. The amount so borrowed shall be
returned to the general road fund during the following fiscal year from the
first funds available in the general fund, or from the emergency fund. [Amended
by 1959 c.664 §29; 1969 c.616 §1]
294.052 Definitions; investment by
municipality of proceeds of bonds. (1) As used
in this section:
(a)
“Bond” has the meaning given that term in ORS 287A.001.
(b)
“Municipality” means a unit of local government within Oregon including, but
not limited to, cities, counties, school districts, special districts, public
corporations and intergovernmental corporations organized under the authority
of ORS 190.010.
(2)
Notwithstanding ORS 294.135 or 294.145 or any other law or charter provision, a
municipality may invest proceeds of bonds and amounts held in a bond payment
reserve or proceeds fund or account in float agreements, debt service deposit
agreements, forward investment agreements, guaranteed investment contracts or
other investment agreements if the agreements or contracts:
(a)
Produce a guaranteed rate of return;
(b)
Are fully collateralized by direct obligations of, or obligations guaranteed
by, the United States; and
(c)
Require that the collateral be held by the municipality, an agent of the
municipality or a third-party safekeeping agent. [1999 c.559 §21; 2001 c.537 §7;
2007 c.783 §117]
294.053 Investment by county in master
warrants of county. A county treasurer may invest
any sinking fund, bond fund or surplus of funds in the custody of the county
treasurer in master warrants of that county issued under ORS 287A.482 to
287A.488. [1959 c.208 §1]
294.055 Use by counties of moneys received
from federal government under the Mineral Leasing Act.
All funds received from the United States Government under the Mineral Leasing
Act and Acts amendatory thereof and distributed to counties pursuant to ORS
293.565 shall be used for the support of public schools or for the construction
and maintenance of public roads in such counties.
294.060 Apportionment of moneys received
by counties from federal forest reserves to road and school funds.
(1) The moneys received by each county under ORS 293.560 shall be divided 75
percent to the road fund and 25 percent to the school fund of the county and,
subject to subsection (2) of this section, the moneys shall be expended as
other moneys in those funds are expended.
(2)
The moneys apportioned to the county road fund may be applied in payment of any
outstanding road bonds or may be placed in any county road bond sinking fund
for the purpose of being so applied.
(3)
Notwithstanding the division of receipts specified in subsection (1) of this
section, in any county east of the summit of the Cascade Mountains with a
population of less than 9,000 and more than 6,500, according to the 1990
federal decennial census, moneys from the road fund in excess of $2 million may
be transferred to the school fund when the amount of money credited to the road
fund under subsection (1) of this section exceeds the amount needed for county
roads, as determined by the board of county commissioners. Any amount received
by a school district from the school fund of the county that is in excess of
the 25 percent required under subsection (1) of this section may not be
considered as a receipt that would reduce the district’s apportionments from
the State School Fund.
(4)
Notwithstanding the division of receipts specified in subsection (1) of this
section, in any county east of the summit of the Cascade Mountains with a
population of less than 58,000 and more than 55,000, according to the 1990
federal decennial census, if the moneys credited to the road fund under subsection
(1) of this section exceed the amount needed for county roads, as determined by
the county governing body, the portion of such moneys in excess of an amount
specified by the county governing body may be transferred to the school fund of
the county or may be transferred directly to the school districts of the county
in accordance with procedures established by the county governing body. The
county governing body may distribute moneys under this subsection among the
several school districts without regard to the percentage of the resident
average daily membership in each school district. Moneys transferred under this
subsection may be transferred upon the condition that any school district
receiving a share of such moneys must use the moneys only for a purpose
described in ORS 328.205 (1)(a) or (c). Any amount received by a school
district from the county under this subsection that is in excess of the 25
percent required under subsection (1) of this section may not be considered as
a receipt that would reduce the district’s apportionments from the State School
Fund.
(5)
Notwithstanding the division of receipts specified in subsection (1) of this
section, in any county east of the summit of the Cascade Mountains with a
population of less than 6,500, according to the 1990 federal decennial census,
moneys received by the county under ORS 293.560 may be divided between the road
fund and the school fund of the county as specified under an agreement between
the county governing body and the education service district board of the
county that provides for a different apportionment of those moneys. Any amount
received by a school district from the school fund of the county that is in
excess of the 25 percent required under subsection (1) of this section may not
be considered as a receipt that would reduce the district’s apportionments from
the State School Fund.
(6)
Notwithstanding the division of receipts specified in subsection (1) of this
section, in any county west of the summit of the Cascade Mountains with a
population of less than 19,500 and more than 6,500, according to the 1990
federal decennial census, moneys from the road fund in excess of $1 million may
be transferred to the school fund when the amount of money credited to the road
fund under subsection (1) of this section exceeds the amount needed for county
roads, as determined by the board of county commissioners. Any amount received
by a school district from the school fund of the county that is in excess of
the 25 percent required under subsection (1) of this section may not be
considered as a receipt that would reduce the district’s apportionments from
the State School Fund.
(7)
As used in subsections (3) to (6) of this section, “summit of the Cascade
Mountains” has the meaning for that term provided in ORS 477.001. [Amended by
1969 c.327 §1; 1971 c.539 §1; 1977 c.776 §1; 1981 c.342 §1; 1987 c.315 §1; 1989
c.579 §1; 1991 c.309 §1; 2003 c.226 §21]
Note:
Section 4, chapter 894, Oregon Laws 2007, provides:
Sec. 4. (1)
Notwithstanding ORS 294.060 and 368.705, moneys described in ORS 294.060 (1)
that are received by Douglas County and deposited into its road fund may be
expended for the patrolling of Douglas County roads by Douglas County law
enforcement officials.
(2)
Notwithstanding ORS 294.060 and 368.705, moneys described in ORS 294.060 (1)
that are received by Lane County and deposited into its road fund may be
expended for the patrolling of Lane County roads by Lane County law enforcement
officials.
(3)
This section is repealed on January 2, 2016.
(4)
This section applies to moneys described in subsections (1) and (2) of this
section that are received before, on or after September 27, 2007. [2007 c.894 §4;
2011 c.556 §1]
294.065 Use by counties of moneys received
from federal government under the federal Flood Control Act.
All moneys received from the United States Government under the federal Flood
Control Act, and Acts amendatory thereof and supplemental thereto, and
distributed to counties pursuant to ORS 293.570, shall be used for the benefit
of the public schools and public roads of the counties receiving the funds.
294.070 Expenditure of Taylor Grazing Act
funds; advisory board. (1) Except for moneys required
to be expended through the county general fund as required by subsection (5) of
this section, all moneys paid to a county under ORS 293.575 shall be deposited
with the county treasurer and credited to a special fund designated the Range
Improvement Fund of Grazing District No. _____. The county treasurer as ex
officio district treasurer shall disburse the moneys in the Range Improvement
Fund only upon the written order of the grazing advisory board.
(2)
Except as provided in subsection (4) of this section, money from grazing fees
of grazing districts shall be expended within such district as the grazing
advisory board may direct and shall be expended only for range improvements,
such as fences, reservoirs, wells, water development, maintenance and other
range improvements approved by the grazing advisory board.
(3)
Pending approval by the grazing advisory board of the expenditure of such
money, all or any part of it may be invested in United States Government
securities. In such case the securities shall be held by the county treasurer
in lieu of such money so invested and subject to liquidation and expenditure
when recommended by the grazing advisory board.
(4)
In counties receiving funds from grazing districts containing Indian lands
ceded to the United States for disposition under public land laws, funds therefrom shall be expended only for the benefit of public
schools and public roads of such county.
(5)
In counties in which there are leased lands but no grazing district, such funds
shall be expended by the county court through the county general fund.
(6)
As used in this section, “grazing advisory board” means a board appointed by
the governing body of any county receiving funds under ORS 293.575 and
authorized to expend those funds as provided in this section. [Formerly
606.230; 1969 c.255 §1; 1977 c.115 §1; 1981 c.42 §1; 1991 c.67 §73]
294.080 Disposition of interest earned on
funds held by county treasurer. (1) Except as
provided in subsections (2) and (3) of this section, the county treasurer shall
credit to the general fund of the county all interest received from any investment
made from the general cash balance of any funds in the hands of the county
treasurer. If the entire investment is made from a specific fund, however, the
treasurer shall credit the interest to the fund from which the investment was
made.
(2)
The county fiscal officer of a community college district, as defined in ORS
341.005, shall credit to the general fund of the district all interest received
from any investment made by funds in the hands of the county fiscal officer. If
the entire investment is made from a specific fund, however, the county fiscal
officer shall credit the interest to the fund from which the investment was
made.
(3)
Interest earned by investment of any moneys received by the county treasurer
from any source, which moneys have been designated for a particular municipal
corporation as defined in ORS 294.311, shall be credited to the account of the
particular municipal corporation and not to any county fund. [1963 c.316 §1;
1971 c.513 §54; 1979 c.762 §8; 1997 c.308 §33]
294.085 Examining books and papers of
county officers. (1) Twice each year while
sitting for county business, the county court or board of county commissioners
shall carefully examine all books and papers relating to the financial affairs
of the county offices of county clerk, clerk of the county court, treasurer and
sheriff of the county.
(2)
The county clerk and clerk of the county court shall exhibit the numbered
orders and vouchers referred to in ORS 294.090, together with the stubs of the
warrants, and all other books and papers relating to the financial affairs of
the county, for the inspection of the county court or board of county
commissioners twice each year during the examination of financial affairs
required by subsection (1) of this section. [Amended by 1985 c.565 §49; 2011
c.62 §1]
294.090 County orders and vouchers to be
numbered to correspond to warrants drawn. The
county clerk and clerk of the county court shall number all orders and vouchers
with numbers to correspond with warrants drawn.
294.095 Action or proceeding with respect
to budget or levy; fiscal year with respect to which taken.
Wherever it is provided by law that any action or proceeding of any county,
city, school district or other municipal corporation or body politic shall be
taken with respect to a budget or tax levy for the calendar year, or for a
fiscal year closing on any day other than June 30, each such action or
proceeding shall be taken with respect to the fiscal year commencing on July 1
and closing on June 30.
294.100 Public official expending money in
excess of amount or for different purpose than provided by law unlawful; civil liability.
(1) It is unlawful for any public official to expend any moneys in excess of
the amounts provided by law, or for any other or different purpose than
provided by law.
(2)
Any public official who expends any public moneys in excess of the amounts or
for any other or different purpose than authorized by law shall be civilly
liable for the return of the money by suit of the district attorney of the
district in which the offense is committed, or at the suit of any taxpayer of
such district, if the expenditure constitutes malfeasance in office or willful
or wanton neglect of duty.
(3)
On the demand in writing of 10 taxpayers of any municipal corporation with a
population exceeding 100,000 inhabitants, filed with the tax supervising and
conservation commission in the county in which the municipal corporation is
situated, which demand sets forth that a public official has unlawfully
expended public moneys in excess of the amount or for any other or different
purpose than provided by law and that the expenditure constitutes malfeasance
in office or willful or wanton neglect of duty, the tax supervising and
conservation commission shall make an investigation of the facts as to the
expenditure. If the tax supervising and conservation commission finds that
public moneys have been unlawfully expended and that the expenditure
constitutes malfeasance in office or willful or wanton neglect of duty, the commission
shall proceed at law in the courts against the public official who has
unlawfully expended the moneys for the return of the moneys unlawfully expended
to the treasury of the municipal corporation. A right of action hereby is
granted to the tax supervising and conservation commission for the purposes of
this section.
(4)
This section does not apply to the expenditure of revenues that are allowed to
be accrued from a fiscal year to the prior fiscal year under ORS 294.383. [Amended
by 2001 c.399 §1; 2002 s.s.4 c.1 §§9,10]
294.105
[Amended by 1963 c.9 §15; 1973 c.315 §1; repealed by 1983 c.537 §7]
294.110
[Repealed by 1953 c.306 §18]
294.115 [1953
c.655 §1; repealed by 1963 c.576 §44]
294.120 Use of facsimile signatures.
(1) When authorized to use facsimile signatures by the governing body of any
county, city, district organized for public purposes or any other public
corporation or political subdivision of the state, any person authorized to
sign any check, warrant or other instrument on behalf of the county, city,
district, public corporation or political subdivision may, in the discretion of
the person, sign the check, warrant or other instrument by facsimile signature
affixed by rubber stamp or by any mechanical equipment or device.
(2)
Where the use of facsimile signatures is authorized under this section, the
holder or drawee of any check, warrant or other
instrument bearing or purporting to bear a facsimile signature shall be under
no duty to determine the authority of the person who affixed the facsimile
signature to use facsimile signatures. [1955 c.261 §1]
294.125 Investment of funds authorized by
order of governing body; limitations. (1) Subject
to ORS 294.040 and 294.135 to 294.155, the custodial officer of any county,
municipality, school district or other political subdivision of this state may,
after having obtained a written order from the governing body of the county,
municipality, school district or other political subdivision, which order shall
be spread upon the minutes or journal of the governing body, invest any sinking
fund, bond fund or surplus funds belonging to that county, municipality, school
district or other political subdivision in the bank accounts, classes of
securities at current market prices, insurance contracts and other investments
described in ORS 294.035. However, notwithstanding any provision of ORS 190.003
to 190.250, except as provided in ORS 294.035:
(a)
No custodial officer of any political subdivision of this state may accept for
investment or invest the funds of any other political subdivision of this
state; and
(b)
No such political subdivision may tender funds for investment to the custodial
officer of any other such political subdivision.
(2)
Subject to ORS 294.040, 294.135 to 294.155 and subsection (1) of this section,
the custodial officer of a port organized under ORS chapter 777 or 778 may
invest any sinking fund, bond fund or surplus funds belonging to the port in
interest-bearing revenue bonds issued by an export trading corporation formed by
the port under ORS 777.755 to 777.800. A custodial officer of a port shall not
invest in the aggregate more than $3 million in revenue bonds issued by an
export trading corporation. [1981 c.880 §5; 1983 c.200 §17; 1995 c.245 §6]
294.135 Investment maturity dates.
(1) An investment made by a custodial officer under ORS 294.035 (3)(a) to (f),
(h) and (i) or 294.125 may not exceed a maturity of
18 months or the date of anticipated use of the funds by the county,
municipality, school district or other political subdivision to which the funds
belong, whichever period is shorter. However:
(a)
The custodial officer may make investments having a maturity longer than 18
months when the governing body of the county, municipality, school district or
other political subdivision to which the funds belong has adopted a written
investment policy that, prior to adoption, was submitted to the Oregon Short
Term Fund Board for review and comment to the governing body, that includes
guidelines concerning maximum investment maturity dates and that provides by
its terms for readoption not less than annually; or
(b)
When the funds in question are being accumulated for an anticipated use that
will occur more than 18 months after the funds are invested, then, upon the
approval of the governing body of the county, municipality, school district or
other political subdivision, the maturity of the investment or investments made
with the funds may occur when the funds are expected to be used.
(2)
The maximum term of any repurchase agreement transaction may not exceed 90
days. [1981 c.880 §§6, 8; 1987 c.389 §1; 1989 c.303 §1; 1995 c.245 §7; 2003
c.41 §1; 2005 c.443 §24; 2009 c.821 §30]
294.145 Prohibited conduct for custodial
officer. In making investments pursuant to ORS
294.035, the custodial officer may not:
(1)
Make a commitment to invest funds or sell securities more than 14 business days
prior to the anticipated date of settlement of the purchase or sale
transaction;
(2)
Enter into any agreement to invest funds or sell securities for future delivery
for a fee other than interest;
(3)
Lend securities to any person or institution, except:
(a)
On a fully collateralized basis; and
(b)
When the lending is specifically permitted under an investment policy adopted
pursuant to ORS 294.135 (1)(a);
(4)
Pay for any securities purchased by the custodial officer until the officer has
received sufficient evidence of title to the securities. Evidence of title must
be consistent with modern investment, banking and commercial practices and may
include physical possession, book entry and automated recordation of such
title. However, the custodial officer may instruct one or more custodial agents
or banks to accept or release securities as that custodial officer considers
advisable to be held in safekeeping for collection of principal and interest or
other income; or
(5)
Deliver securities to the purchaser of the securities upon sale prior to
receiving payment in full for the securities. However, the custodial officer
may deliver the securities to any custodial agent or bank upon instructions to
hold the securities pending receipt by the custodial agent or bank of full
payment for the securities. [1981 c.880 §7; 1991 c.88 §5; 1995 c.245 §8; 2008
c.18 §1]
294.155 Annual audit report; monthly report.
(1) The custodial officer for a local government that holds and invests funds
on behalf of another government unit shall at least once a year submit an
audited report to that government unit for which funds are invested. An audit
report shall be submitted to the local governmental unit or units within 30
days after receipt of the audit report by the custodial officer’s governing
body. This subsection shall not apply to municipal corporations or political
subdivisions exempt from municipal audits in ORS 297.435.
(2)
The custodial officer shall prepare a report not less than monthly to each
county, municipality, school district and other political subdivision the
segregated funds of which the custodial officer is then investing, as to
changes made in the investments of the funds of that body during the preceding
month. If requested by that body, the custodial officer shall furnish to it
details on the investment transactions for its fund. The custodial officer
shall also provide copies of any investment policy which has been adopted to
the custodial officer’s governing body upon request. [1981 c.880 §9; 1995 c.245
§9]
294.160 Opportunity for public comment on
new fee or fee increase. (1) The governing body of a
city, county or other unit of local government shall provide an opportunity for
interested persons to comment on the enactment of any ordinance or resolution
prescribing a new fee or a fee increase or an increase in the rate or other
manner in which the amount of a fee is determined or calculated.
(2)
Where a local government exercises authority to assume the responsibility for a
program delivered by the state, the local government shall provide an
opportunity to comment on the difference between the fee amount charged by the
state for such service and the proposed local fee for the service. [1995 c.576 §5;
2007 c.71 §90]
COUNTY ASSESSMENT FUNDING ASSISTANCE
PROGRAM
294.175 Definitions; county expenditures
for assessment; determination of adequacy; certification of adequacy; appeal of
denial of certification; effect of certification.
(1) As used in this section and ORS 294.178 to 294.187:
(a)
“Department” means the Department of Revenue.
(b)
“Expenditures” has the meaning given the term for purposes of ORS 294.305 to
294.520 and may be further defined by rule of the department. “Expenditures”
does not include any item or class of items that cannot reasonably be allocated
to an organizational unit.
(c)
“Expenditures for assessment and taxation” means expenditures for any of the
activities, functions or services required of a county in the assessment,
equalization, levy, collection or distribution of property taxes under ORS
chapters 305, 306, 307, 308, 308A, 309, 310, 311, 312 and 321. “Expenditures
for assessment and taxation” specifically includes expenditures for appraising
principal or secondary industrial properties, the responsibility for the making
of which has been delegated by the department to a county under ORS 306.126
(3).
(d)
“Grant” has the meaning given the term for purposes of ORS 294.305 to 294.520,
and is further described under ORS 294.178.
(2)
On or before May 1 of each year, each county shall file with the department a
true copy of its estimates of expenditures for assessment and taxation for the
ensuing year as prepared for purposes of ORS 294.388 but in accordance with any
rules adopted by the department.
(3)
Upon receipt of the estimate, the department shall review the estimate to
determine its adequacy to provide the resources needed to achieve compliance
with ORS 308.232 and 308.234, ORS chapter 309 and other laws requiring equality
and uniformity in the system of property taxation within the county in order
that the same equality and uniformity may be achieved throughout the state.
(4)
If, upon initial review of the estimate, the department determines that the
proposed expenditures, or any of them, are not at the level or of the type
needed to achieve adequacy, the department shall notify the county governing
body. The notice shall contain an explanation of the reasons for the
determination and may describe specific items or classifications of expenditure
which the department has determined are required, or are not required, in order
to achieve adequacy. The notice shall fix the date upon which a conference with
the county governing body or representatives of the county governing body shall
be held.
(5)(a)
Subject to paragraph (b) of this subsection, if, upon initial review, or upon
or after conference held on the date specified in the notice under subsection
(4) of this section, or another date or dates convenient to the department and
the county governing body, the department determines that the expenditures as
initially filed, or that the expenditures as agreed upon at the conference, are
at the level and of the type needed to achieve adequacy for that year or over a
period of years under a plan presented as described under ORS 294.181, the
department shall certify to the county governing body that its estimate of
expenditures for assessment and taxation so determined are adequate and that
the county will be included in the computation made under ORS 294.178 for the
purpose of determining the amount of that county’s quarterly grant. The
department shall include in the certification an estimate of the percentage
share of the funds available in the County Assessment Function Funding
Assistance Account that the county will receive under ORS 294.178 and an
estimate of the total amount of the grant that will be forthcoming to the
county from that account for the ensuing year on account of the certification.
(b)
The department shall not certify expenditures under this subsection that the
department determines are in excess of the expenditures necessary to meet the
requirements of subsection (3) of this section.
(6)
Any certification issued under subsection (5) of this section shall be issued
as of the June 15 following the filing of the estimate of expenditures under
subsection (2) of this section. If, as of June 15, agreement has not been
reached between the department and the county governing body upon the estimate,
the department shall issue a denial of certification.
(7)
A county may appeal the determination of the department under subsection (5)(b)
of this section or the denial of certification issued under subsection (6) of
this section to the Director of the Oregon Department of Administrative
Services. Appeal shall be filed within 10 days after the date that the denial
of certification is issued. The sole issue upon appeal shall be the adequacy of
expenditures for assessment and taxation as filed with the department under
subsection (2) of this section, and the determination, if any, made by the
department under subsection (5)(b) of this section. If the Oregon Department of
Administrative Services does not issue an order approving the expenditures
before July 1 of the fiscal year for which the expenditures are proposed, the
certification for purposes of ORS 294.175 to 294.187 shall be considered
denied. [1989 c.796 §2; 1995 c.748 §11; 1997 c.782 §2; 1999 c.314 §88; 2003 c.169
§9]
294.178 Assessment grant to county; determination
of grant amount. (1) Before issuing any
certificate under ORS 294.175, the Department of Revenue shall estimate the
amount available in the County Assessment Function Funding Assistance Account
created under ORS 294.184 for distribution as grants to counties for the
ensuing fiscal year.
(2)
The estimate shall be used to determine the estimated percent of the moneys
available in the County Assessment Function Funding Assistance Account that
each county will receive as grants and the total estimated grant that each
county will receive for the ensuing fiscal year. The estimates so determined
shall serve as the estimates required to be included in any certification
issued under ORS 294.175 for that county.
(3)
On or before the 28th day of the month following the close of each fiscal
quarter, the department shall pay a percentage of the moneys in the County
Assessment Function Funding Assistance Account to each county to which a
certificate has been issued under ORS 294.175.
(4)
Except as provided under subsection (5) of this section, the percentage to be
paid to each county under subsection (3) of this section shall be the
percentage that the expenditures of the county certified by the department to
the county governing body under ORS 294.175 bears to the total of all
expenditures of all counties certified by the department to counties under ORS
294.175. In determining the expenditures of a county or in determining the
total of all expenditures for purposes of this subsection:
(a)
No expenditures shall be included that have not been certified under ORS
294.175.
(b)
No expenditures of any county that did not file an estimate of expenditures
under ORS 294.175 shall be included.
(c)
No expenditures of any county for which certification has been denied shall be
included.
(d)
No expenditures of any county that does not make its appropriation under ORS
294.456 based upon 100 percent of the expenditures certified shall be included.
(e)
No expenditures of any county that does not certify compliance under ORS
294.181 shall be included.
(5)
If the expenditures of a county are not included for a fiscal quarter on
account of subsection (4) of this section, a grant may not be made to that
county under subsection (3) of this section for that fiscal quarter. If grant
funds are denied to any county under this subsection for any fiscal quarter,
the percentage determined under subsection (4) of this section shall be redetermined, excluding from the computation for that fiscal
quarter the certified expenditures of the county for which grant funds are
denied to the end that all of the funds available in the County Assessment
Function Funding Assistance Account at the time of calculating the quarterly
distribution may be distributed. [1989 c.796 §3; 1997 c.782 §3; 2003 c.273 §1;
2011 c.83 §5; 2011 c.338 §1]
294.181 Alternative method for
certification. (1) If, at a conference held pursuant
to notice under ORS 294.175, it becomes apparent that a county will be unable
to meet the level of expenditures necessary to achieve adequacy for the tax
year for which the filing under ORS 294.175 was made, the Department of Revenue
may certify to the county governing body expenditures for assessment and
taxation at the level contained in the county’s estimate on file with the
department or as adjusted by the conference agreement.
(2)
The department shall not certify expenditures under subsection (1) of this
section if the county does not present to the department at the conference a
plan to achieve adequacy in assessment and taxation within a number of years
specified by the Department of Revenue.
(3)
Any county for which expenditures are certified pursuant to this section shall
certify to the department, not less than 15 days prior to the close of the
fiscal quarter, that the county is in compliance with the conference agreement
and the plan developed at the conference agreement. [1989 c.796 §4]
294.184 County Assessment Function Funding
Assistance Account; sources; purpose. (1) There is
created under ORS 293.445 a suspense account to be known as the County
Assessment Function Funding Assistance Account. The account shall consist of:
(a)
All moneys paid over by the county treasurers as provided under ORS 294.187
(2)(a); and
(b)
All interest earned upon any moneys in the account.
(2)
Prior to each quarterly distribution of the moneys in the account under ORS
294.178, the moneys necessary to pay the following Department of Revenue
expenses shall be transferred to a suspense account of the department created
under ORS 293.445 and are continuously appropriated to the department for:
(a)
Expenses incurred in carrying out the purposes of ORS 294.175 to 294.184; and
(b)
Appraisal expenses incurred by the department in appraising principal and
secondary industrial properties identified under ORS 306.126 and property of
centrally assessed companies under ORS 308.505 to 308.665.
(3)
The amount of moneys transferred to the suspense account of the department
under subsection (2) of this section each quarter may not exceed 10 percent of
the moneys in the account.
(4)
The remainder of the moneys in the account after the transfer made under
subsection (2) of this section shall be used for the purpose of making the
grant payments to counties as required under ORS 294.178 and are continuously
appropriated to the department for that purpose. [1989 c.796 §6; 1999 c.701 §2a;
2001 c.303 §13; 2009 c.18 §3; 2011 c.83 §6]
294.187 County Assessment and Taxation
Fund; sources; purpose. (1) There is created in the
county treasury of each county a fund to be known as the County Assessment and
Taxation Fund. The fund shall consist of:
(a)
Moneys deposited in and credited to the fund under ORS 311.508.
(b)
Moneys deposited in and credited to the fund under ORS 205.323 (4)(b)(C).
(c)
Moneys deposited in and credited to the fund under ORS 205.323 (4)(c).
(d)
Interest earned upon moneys credited to the fund.
(2)
The county treasurer shall pay over the moneys in the fund, determined as of
the last day of the fiscal quarter, to the State Treasurer on or before the
10th working day of the month following the last day of the fiscal quarter as
follows:
(a)
Moneys collected under subsection (1)(a) and (b) of this section and interest
earnings on those moneys must be paid over to the Department of Revenue for
deposit in the County Assessment Function Funding Assistance Account created
under ORS 294.184.
(b)
Moneys collected under subsection (1)(c) of this section and interest earnings
on those moneys must be paid over to the Department of Revenue for deposit in
the Housing and Community Services Department accounts for housing-related
programs as follows:
(A)
76 percent of the moneys must be deposited in the General Housing Account
created under ORS 458.620;
(B)
10 percent of the moneys must be deposited in the Emergency Housing Account
created under ORS 458.620; and
(C)
14 percent of the moneys must be deposited in the Home Ownership Assistance
Account created under ORS 458.620.
(3)
If the county treasurer fails to pay over moneys, as required under subsection
(2) of this section, then any unpaid moneys shall be a debt due and owing by
the county to the state and the county shall pay the legal rate of interest
thereon from the due date until paid. Payment of interest under this section
shall not relieve the county treasurer from any penalty imposed by law for
failure to make the payments, and in addition, the county treasurer shall be
liable under ORS 311.375 (4)(a) and (b).
(4)
ORS 294.305 to 294.565 do not apply to a fund created under this section. [1989
c.796 §7; 2003 c.273 §2; 2009 c.18 §4; 2011 c.338 §2]
294.205
[Amended by 1963 c.544 §13; repealed by 1971 c.267 §16]
294.210
[Amended by 1963 c.544 §14; repealed by 1971 c.267 §16]
294.215
[Repealed by 1971 c.267 §16]
294.220
[Repealed by 1971 c.267 §16]
294.225
[Repealed by 1971 c.267 §16]
294.230
[Amended by 1957 c.153 §1; 1959 c.243 §1; 1963 c.504 §1; 1983 c.310 §17; 1991
c.683 §2; repealed by 1999 c.654 §37]
294.235
[Amended by 1957 c.153 §2; repealed by 1999 c.654 §37]
294.240
[Amended by 1957 c.153 §3; repealed by 1999 c.654 §37]
294.245
[Amended by 1957 c.153 §4; repealed by 1999 c.654 §37]
PUBLICATION OF FINANCIAL REPORTS
294.250 Publication by county governing
body of schedule of expenditures and statement of proceedings; manner of
publication; notice. (1) The county governing body of
each county shall cause to be made out and published at the expense of the
county by the last day of each month a schedule of those expenditures of the county
which singly exceed $500 for the previous month. The schedule shall also
include expenditures made to claimants who receive in excess of $500 for the
previous month in return for a combination of articles or services which
individually cost less than $500. The publication shall also include a concise
statement of the proceedings of the governing body in the transaction of county
business entered of record during the previous month.
(2)
The schedule of expenditures shall state the names of all claimants, the
general purpose of the article or service for which payment is claimed in each
bill and the amount ordered paid. The statement of proceedings shall be a true
reflection of actions taken at any public meeting of the county governing body.
(3)
Except as otherwise provided in this subsection, the county shall not be
required to publish any claim for personal services of regular county officers
and employees occupying budgeted positions. Once each year the county shall
publish the actual individual gross monthly salary of all regular officers and
employees occupying budgeted positions. The county shall identify each budgeted
position by the title of the position.
(4)
The publications required by this section shall not apply to any counties
having a tax supervising and conservation commission.
(5)
The publications required by this section shall be made by posting on the
bulletin board of the county courthouse and at all public libraries in the
county. The county shall also publish at least once each month in a newspaper
of general circulation in the county a notice stating that the information
required to be published under this section is posted and available for review
at the county courthouse and public libraries. The notice shall also state that
copies of all or part of the posted information may be obtained from the county
upon request and upon payment of a fee not exceeding the actual costs incurred
by the county in making copies of the posted information. [Amended by 1963
c.360 §1; 1979 c.651 §1; 1987 c.435 §1; 1991 c.285 §1; 2011 c.172 §1]
294.255
[Repealed by 1991 c.285 §2]
294.260
[Repealed by 1991 c.285 §2]
LOCAL BUDGET LAW
294.305 Sections constituting Local Budget
Law. ORS 294.305 to 294.565 shall be known
as the Local Budget Law.
294.310
[Amended by 1959 c.262 §1; repealed by 1963 c.576 §44]
294.311 Definitions for ORS 294.305 to
294.565. As used in ORS 294.305 to 294.565,
unless the context requires otherwise:
(1)
“Accrual basis” means the recording of the financial effects on a municipal
corporation of transactions and other events and circumstances that have cash
consequences for the municipal corporation in the periods in which those
transactions, events and circumstances occur, rather than only in the periods
in which cash is received or paid by the municipal corporation.
(2)
“Activity” means a specific and distinguishable service performed by one or
more organizational components of a municipal corporation to accomplish a
function for which the municipal corporation is responsible.
(3)
“Appropriation” means an authorization granted by the governing body to make
expenditures and to incur obligations for specific purposes. An appropriation
is limited to a single fiscal year for municipal corporations preparing annual
budgets, or to the budget period for municipal corporations preparing biennial
budgets.
(4)
“Basis of accounting” means the cash basis, the modified accrual basis or the
accrual basis.
(5)
“Budget” means a plan of financial operation embodying an estimate of expenditures
for a given period or purpose and the proposed means of financing the estimated
expenditures.
(6)
“Budget document” means the estimates of expenditures and budget resources as
set forth on the estimate sheets, tax levy and the financial summary.
(7)
“Budget period” means, for municipal corporations with the power to levy a tax
upon property, the two-year period commencing on July 1 and closing on June 30
of the second calendar year next following, and for all other municipal
corporations, an accounting period of 24 months ending on the last day of any
month.
(8)
“Budget resources” means resources to which recourse can be had to meet
obligations and expenditures during the fiscal year or budget period covered by
the budget.
(9)
“Cash basis” means a basis of accounting under which transactions are
recognized only in the period during which cash is received or disbursed.
(10)
“Current budget period” means the budget period in progress.
(11)
“Current year” means the fiscal year in progress.
(12)
“Encumbrance accounting” means the method of accounting under which outstanding
encumbrances are recognized as reductions of appropriations and the related
commitments are carried in a reserve for encumbrances until liquidated, either
by replacement with an actual liability or by cancellation. This method of
accounting may be used as a modification to the accrual basis of accounting in
accordance with generally accepted accounting principles.
(13)
“Encumbrances” means obligations in the form of purchase orders, contracts or
salary commitments which are chargeable to an appropriation and for which a
part of the appropriation is reserved. Obligations cease to be encumbrances
when paid or when the actual liability is set up.
(14)
“Ensuing budget period” means the budget period following the current budget
period.
(15)
“Ensuing year” means the fiscal year following the current year.
(16)
“Expenditure” means, if the accounts are kept on the accrual basis or the
modified accrual basis, decreases in net financial resources and may include
encumbrances. If the accounts are kept on the cash basis, the term covers only
actual disbursement, the drawing of the check or warrant for these purposes and
not encumbrances, except that deferred employee compensation shall be included
as a personnel service expenditure where an approved deferred employee
compensation plan is in effect for a municipal corporation.
(17)
“Fiscal year” means for municipal corporations with the power to impose ad
valorem property taxes, the fiscal year commencing on July 1 and closing on
June 30, and for all other municipal corporations, an accounting period of 12
months ending on the last day of any month.
(18)
“Fund balance” means the excess of the assets of a fund over its liabilities
and reserves except in the case of funds subject to budgetary accounting where,
prior to the end of a fiscal period, it represents the excess of the fund’s
assets and estimated revenues for the period over its liabilities, reserves and
appropriations for the period.
(19)
“General county resources” means resources from property taxes, state and
federal shared revenue, beginning balances available for expenditure and
interest not required to be allocated to specific programs or activities.
(20)
“Governing body” means the city council, board of commissioners, board of
directors, county court or other managing board of a municipal corporation
including a board managing a municipally owned public utility or a dock
commission.
(21)
“Grant” means a donation or contribution of cash to a governmental unit by a
third party.
(22)
“Intergovernmental entity” means an entity created under ORS 190.010 (5). The
term includes any council of governments created prior to the enactment of ORS
190.010 (5).
(23)
“Internal service fund” means a fund properly authorized to finance, on a cost
reimbursement basis, goods or services provided by one organizational unit of a
municipal corporation to other organizational units of the municipal
corporation.
(24)
“Liabilities” means probable future sacrifices of economic benefits, arising
from present obligations of a municipal corporation to transfer assets or
provide services to other entities in the future as a result of past
transactions or events. The term does not include encumbrances.
(25)(a)
“Modified accrual basis” means the accrual basis of accounting adapted to the
governmental fund-type measurement focus. Under this basis of accounting,
revenues and other financial resource increments, such as bond proceeds, are
recognized when they become susceptible to accrual, that is, when they become
both measurable and available to finance expenditures in the current period.
(b)
As used in this subsection, “available” means collectible in the current period
or soon enough thereafter to be used to pay liabilities of the current period.
Under this basis of accounting, expenditures are recognized when the fund
liability is incurred except for:
(A)
Inventories of material and supplies that may be considered expenditures either
when purchased or when used; and
(B)
Prepaid insurance and similar items that may be considered expenditures either
when paid for or when consumed.
(26)
“Municipal corporation” means any county, city, port, school district, union
high school district, community college district and all other public or
quasi-public corporations including a municipal utility or dock commission
operated by a separate board or commission. “Municipal corporation” includes an
intergovernmental entity or council of governments that proposes to impose or
imposes ad valorem property taxes.
(27)
“Net working capital” means the sum of the cash, cash equivalents, investments,
accounts receivable expected to be converted to cash during the ensuing year or
ensuing budget period, inventories, supplies and prepaid expenses less current
liabilities and, if encumbrance accounting is adopted, reserve for
encumbrances. The term is not applicable to the cash basis of accounting.
(28)
“Object” means, as used in expenditure classification, articles purchased
including, but not limited to, land, buildings, equipment and vehicles, or
services obtained including, but not limited to, administrative services,
clerical services, professional services, property services and travel, as
distinguished from the results obtained from expenditures.
(29)
“Object classification” means a grouping of expenditures on the basis of goods
or services purchased, including, but not limited to, personnel services,
materials, supplies and equipment.
(30)
“Operating taxes” has the meaning given that term in ORS 310.055.
(31)
“Organizational unit” means any administrative subdivision of a municipal
corporation, especially one charged with carrying on one or more functions or
activities.
(32)
“Population” means the number of inhabitants of a municipal corporation
according to certified estimates of population made by the State Board of
Higher Education.
(33)
“Program” means a group of related activities aimed at accomplishing a major
service or function for which the municipality is responsible.
(34)
“Public utility” means those public utility operations authorized by ORS
chapter 225.
(35)
“Publish” or “publication” means any one or more of the following methods of
giving notice or making information or documents available to members of the
general public:
(a)
Publication in one or more newspapers of general circulation within the
jurisdictional boundaries of the municipal corporation.
(b)
Posting through the United States Postal Service by first class mail, postage
prepaid, to each street address within the jurisdictional boundaries of the
municipal corporation and to each post office box and rural route number
belonging to a resident within the jurisdictional boundaries of the municipal
corporation.
(c)
Hand delivery to each street address within the jurisdictional boundaries of
the municipal corporation.
(36)
“Receipts” means cash received unless otherwise qualified.
(37)
“Reserve for encumbrances” means a reserve representing the segregation of a
portion of a fund balance to provide for unliquidated
encumbrances.
(38)
“Revenue” means the gross receipts and receivables of a governmental unit
derived from taxes, licenses, fees and from all other sources, but excluding
appropriations, allotments and return of principal from investment of surplus
funds.
(39)
“Special revenue fund” means a fund properly authorized and used to finance
particular activities from the receipts of specific taxes or other revenues. [1963
c.576 §3; 1971 c.513 §55; 1975 c.319 §2; 1977 c.102 §4; 1977 c.305 §1; 1979 c.686
§1; 1997 c.308 §3; 1997 c.541 §322; 1999 c.632 §1; 2001 c.104 §102; 2001 c.135 §3;
2003 c.235 §1; 2009 c.477 §4; 2011 c.473 §27]
294.315
[Repealed by 1963 c.576 §44]
294.316 Application.
The provisions of ORS 294.305 to 294.565 do not apply to the following
municipal corporations and entities:
(1)
Drainage districts organized under ORS chapter 547;
(2)
District improvement companies organized under ORS chapter 554;
(3)
Highway lighting districts organized under ORS chapter 372;
(4)
Irrigation districts organized under ORS chapter 545;
(5)
Road districts organized under ORS chapter 371;
(6)
Soil and water conservation districts organized under ORS chapter 568 that will
not levy an ad valorem tax during the ensuing year or ensuing budget period;
(7)
Municipal public utilities operating under separate boards or commissions,
authorized under ORS chapter 225 and city charters, and people’s utility
districts organized under ORS chapter 261, both operating without ad valorem
tax support during the ensuing year or ensuing budget period;
(8)
Housing authorities organized under ORS 446.515 to 446.547 and ORS chapter 456
that are not carrying out urban renewal activities using a division of ad
valorem taxes under ORS 457.440 during the ensuing year or ensuing budget
period;
(9)
Water control districts organized under ORS chapter 553 that will not levy an
ad valorem tax during the ensuing year or ensuing budget period;
(10)
Hospital financing authorities organized under ORS 441.525 to 441.595;
(11)
Export trading corporations organized under ORS 777.755 to 777.800;
(12)
Diking districts organized under ORS chapter 551;
(13)
Health districts organized under ORS 440.315 to 440.410; and
(14)
Intergovernmental entities created under ORS 190.010, including councils of
governments described in ORS 294.900 to 294.930, except that an
intergovernmental entity or a council of governments that proposes to impose ad
valorem property taxes for the ensuing year or budget period is subject to ORS
294.305 to 294.565 for the budget prepared for that year or period. [1963 c.576
§35; 1965 c.451 §1; 1979 c.621 §8a; 1979 c.686 §9; 1981 c.918 §5; 1983 c.200 §18;
1985 c.361 §1; 1999 c.632 §2; 2001 c.135 §4; 2001 c.251 §3; 2003 c.235 §2]
294.320
[Repealed by 1963 c.576 §44]
294.321 Purposes.
The purposes of ORS 294.305 to 294.565 are:
(1)
To establish standard procedures for the preparation, presentation,
administration and appraisal of budgets of municipal corporations;
(2)
To provide for a brief description of the programs of a municipal corporation
and the fiscal policy which is to accomplish these programs;
(3)
To provide for estimation of revenues, expenditures and proposed taxes;
(4)
To provide specific methods for obtaining public views in the preparation of
fiscal policy;
(5)
To provide for the control of revenues and expenditures for the promotion of
efficiency and economy in the expenditure of public funds; and
(6)
To enable the public, taxpayers and investors to be apprised of the financial
policies and administration of the municipal corporation in which they are
interested. [1963 c.576 §2; 1997 c.308 §4; 1997 c.541 §323]
294.323 Budget period.
(1) A municipal corporation, by ordinance, resolution or charter, may provide
that the budget and budget documents for the municipal corporation be prepared
for a period of 24 months. Unless so authorized by ordinance, resolution or
charter, a municipal corporation may not prepare a budget and budget documents
for a period longer than one fiscal year.
(2)
When the governing body of a municipal corporation prepares a biennial budget,
the governing body shall certify to the assessor for each fiscal year of the
budget period the ad valorem property tax amount or rate for the ensuing fiscal
year. [2001 c.135 §2]
Note: 294.323
was added to and made a part of 294.305 to 294.565 by legislative action but
was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
294.325
[Amended by 1961 c.397 §1; repealed by 1963 c.576 §44]
294.326 [1963
c.576 §4; 1965 c.451 §2; 1977 c.102 §2; 1979 c.310 §1; 1987 c.280 §1; 1991
c.902 §110; 1995 c.333 §8; 1997 c.308 §5; 1997 c.541 §324; 1999 c.632 §3; 2001
c.135 §5; 2003 c.195 §25; 2005 c.443 §14; 2007 c.783 §118; 2011 c.473 §1;
renumbered 294.338 in 2011]
294.330
[Repealed by 1963 c.576 §44]
294.331 Budget officer.
The governing body of each municipal corporation shall, unless otherwise
provided by county or city charter, designate one person to serve as budget
officer. The budget officer, or the person or department designated by charter
and acting as budget officer, shall prepare or supervise the preparation of the
budget document. The budget officer shall act under the direction of the
executive officer of the municipal corporation, or where no executive officer
exists, under the direction of the governing body. [1963 c.576 §5]
294.333 Basis of accounting used by
municipal corporation; change of basis. (1) A
municipal corporation shall record its revenues and expenditures, on a fund by
fund basis, using the cash basis, the modified accrual basis or the accrual
basis of accounting, at the discretion of the municipal corporation.
(2)
The basis of accounting used by a municipal corporation must be used in the
current year or period and in each succeeding year or period until the basis is
changed in a subsequent budget.
(3)
A change in a municipal corporation’s basis of accounting must be published as
required under ORS 294.438. [Formerly 294.445]
294.335
[Repealed by 1963 c.576 §44]
294.336 [1963
c.576 §6; 1973 c.61 §1; 1979 c.310 §2; 1997 c.308 §6; 2001 c.135 §32;
renumbered 294.414 in 2011]
294.338 Compliance with Local Budget Law
required prior to expenditure or tax certification; exceptions.
(1) A municipal corporation may not expend money or certify to the assessor an
ad valorem tax rate or estimated amount of ad valorem taxes to be imposed in
any year unless the municipal corporation has complied with ORS 294.305 to
294.565.
(2)
Subsection (1) of this section does not apply to the expenditure of grants,
gifts, bequests or devises transferred to a municipal corporation in trust for
specific purposes or to other special purpose trust funds at the disposal of
municipal corporations. A municipal corporation may not make an expenditure
under this subsection unless the governing body of the municipal corporation
enacts appropriation ordinances or resolutions authorizing the expenditure.
(3)
Subsection (1) of this section does not apply:
(a)
To the extent that maintenance, repair or self-insurance reserves authorized by
ORS 294.373 or nontax funds are available or may be made available; and
(b)
If the governing body of a municipal corporation:
(A)
Adopts an ordinance or resolution to appropriate excess expenditures for a
specific purpose or purposes; and
(B)(i) Declares the existence of an occurrence or condition
that could not have been foreseen at the time of the preparation of the budget
for the current year or current budget period;
(ii)
Could not have foreseen a pressing necessity for the expenditure at the time of
the preparation of the budget for the current year or current budget period; or
(iii)
Receives a request for services or facilities, the cost of which is supplied by
a private individual, corporation or company or by another governmental unit
necessitating a greater expenditure of public money for any specific purpose or
purposes than the amount budgeted in order to provide the services for which
the governing body of the municipal corporation was responsible.
(4)
Subsection (1) of this section does not apply to the expenditure during the
current year or current budget period of the proceeds of the sale of the
following bonds, as defined in ORS 287A.001, or to the expenditure during the
current year or current budget period of other funds to pay debt service on
those bonds:
(a)
Bonds that are issued under ORS 287A.150 and for which the referral period
described in ORS 287A.150 ended after the preparation of the budget of the
current year or current budget period;
(b)
Bonds that were approved by the electors during the current year or current
budget period; or
(c)
Bonds issued during the current year or current budget period to refund
previously issued bonds or obligations.
(5)
Subsection (1) of this section does not apply to:
(a)
Expenditures of funds received from the sale of conduit revenue bonds or other
borrowings issued for private business entities or nonprofit corporations by
public bodies, as defined in ORS 287A.001, or the State of Oregon or to pay
debt service on the bonds;
(b)
Expenditures of funds that have been irrevocably placed in escrow for the
purpose of defeasing and paying bonds;
(c)
Expenditures of assessments or other revenues to redeem bonds that are payable
from the assessments or other revenues, when the assessments or other revenues
are received as a result of prepayments or other unforeseen circumstances; or
(d)
Expenditures of funds that are held as debt service reserves for bonds if the
expenditures are made to:
(A)
Pay debt service on the bonds;
(B)
Redeem the bonds; or
(C)
Fund an escrow or trust account to defease or pay the
bonds.
(6)
Subsection (1) of this section does not apply to expenditures of funds received
from assessments against benefited property for local improvements as defined
in ORS 223.001 to the extent that the cost of the improvements is payable by
owners of benefited property.
(7)
Subsection (1) of this section does not apply to the expenditure of funds
accumulated to pay deferred employee compensation.
(8)
Subsection (1) of this section does not apply to refunds or the interest on
refunds granted by counties under ORS 311.806.
(9)
Subsection (1) of this section does not apply to refunds received by a
municipal corporation when purchased items are returned after an expenditure
has been made. A municipal corporation may not make an expenditure under this
subsection unless the governing body of the municipal corporation enacts
appropriate appropriation ordinances or resolutions authorizing the
expenditure.
(10)
Subsection (1) of this section does not apply to a newly formed municipal
corporation during the fiscal year in which it was formed. If a new municipal
corporation is formed between March 1 and June 30, subsection (1) of this
section does not apply to the municipal corporation during the fiscal year
immediately following the fiscal year in which it was formed. [Formerly
294.326]
294.340
[Repealed by 1963 c.576 §44]
294.341 [1963
c.576 §7; 1997 c.308 §7; 2005 c.417 §1; 2007 c.670 §1; renumbered 294.423 in
2011]
294.343 Internal service funds.
(1) A municipal corporation may establish by ordinance or resolution one or
more internal service funds. The ordinance or resolution creating the fund
shall set forth in detail the following:
(a)
The appropriation or appropriations to be charged in order to provide the
initial money for financing the fund;
(b)
The object or purpose of the fund;
(c)
The methods for controlling of expenditures and encumbering of such funds; and
(d)
The sources from which the fund shall be replenished.
(2)
No person shall expend or encumber or authorize expenditure or encumbrance from
funds created in accordance with subsection (1) of this section in excess of
the balance of that fund, or for a purpose for which there is no appropriation
or source of reimbursement authorized at that time.
(3)
The anticipated expenditure for the ensuing year or ensuing budget period from
an internal service fund created in accordance with subsection (1) of this
section shall be budgeted as any other fund in accordance with ORS 294.305 to
294.565, appropriations shall be made for each internal service fund in
accordance with ORS 294.456 and expenditures from the internal service fund
shall be regulated thereby.
(4)
Notwithstanding the limitations in ORS 294.305 to 294.565 applicable to
increasing the appropriations of funds during the current year or current
budget period, the governing body may increase appropriations of the internal
service funds by ordinance or resolution.
(5)
The charges for services shall be computed to cover all costs for such services
and the charges shall be periodically revised to eliminate any element of
profit or loss. [Formerly 294.470]
294.345
[Amended by 1953 c.715 §2; 1955 c.250 §1; 1957 c.673 §3; repealed by 1963 c.576
§44]
294.346 Reserve fund established without
vote; review of need for reserve fund; unexpended balances; application to system
development charges. (1) Any municipal corporation,
by ordinance or resolution of its governing body, may establish one or more
reserve funds to hold moneys to be accumulated and expended for the purposes
specified in ORS 280.050, without submitting the question of establishing the
reserve fund to a vote of the electors. The municipal corporation may cause to
be credited to any reserve fund all or any portion of the revenues derived from
taxes levied under ORS 280.060 and any other taxes, charges or revenues as the
governing body may determine. The municipal corporation may also limit the
crediting of such taxes, charges or revenues to a reserve fund to a specific
period of time designated by the governing body.
(2)
Not less frequently than every 10th anniversary of the date upon which a
reserve fund is established under subsection (1) of this section, the governing
body of the municipal corporation shall review the reserve fund and determine
whether the fund will be continued or abolished. When the governing body
determines, by resolution, that it is no longer necessary to maintain such a
reserve fund:
(a)
Commencing with the next succeeding fiscal year, the political subdivision
shall discontinue the levy of any taxes under ORS 280.060 that would otherwise
be required to be credited to such fund; and
(b)
There shall be transferred to the general fund or any other fund of the political
subdivision that the governing body determines is appropriate:
(A)
Any unexpended balance in the fund to be abolished that is not required to be
held for subsequent expenditure for the purposes for which the fund was
established; and
(B)
Any subsequent receipts from tax levies that are otherwise required to be
credited to such fund, together with any penalties and interest thereon.
(3)
This section does not apply to system development charges imposed under ORS
223.297 to 223.314, and no system development charges shall be credited to any
reserve fund established under this section. [Formerly 294.525]
294.347 [1953
c.715 §3; repealed by 1963 c.576 §44]
294.348 [1957
c.673 §2; repealed by 1963 c.576 §44]
294.350
[Amended by 1953 c.715 §2; 1957 c.673 §4; repealed by 1963 c.576 §44]
294.351 [1963
c.576 §8; 1965 c.451 §3; 1971 c.516 §1; 1979 c.310 §3; repealed by 1979 c.686 §2
(294.352 enacted in lieu of 294.351)]
294.352 [1979
c.686 §3 (enacted in lieu of 294.351); 2001 c.135 §6; 2011 c.473 §2; renumbered
294.388 in 2011]
294.353 Elimination of unnecessary fund;
disposition of balance. Subject to the provisions
contained in the charter of any city or county or in any law relating to
municipal corporations, when the necessity for maintaining any fund of the
municipal corporation has ceased to exist and a balance remains in the fund,
the governing body shall so declare by ordinance or other order and upon such
declaration such balance shall forthwith be transferred to the general fund of
the municipal corporation unless other provisions have been made in the
original creation of the fund. [Formerly 294.475]
294.355
[Repealed by 1963 c.576 §44]
294.356 [1963
c.576 §§8a,9; 1971 c.513 §56; 1979 c.686 §4; 1993 c.112 §1; 2011 c.473 §3;
renumbered 294.393 in 2011]
294.358 Expenditure and resource estimate
sheets; made part of budget document. (1) The sheet
or sheets containing the estimate of expenditures shall also show in parallel
columns the actual expenditures for the two fiscal years next preceding the
current year or the actual expenditures for the two budget periods preceding
the current budget period, the estimated expenditures for the current year or
current budget period and the estimated expenditures for the ensuing year or
ensuing budget period.
(2)
The sheet or sheets containing the estimate of budget resources shall also show
in parallel columns the actual budget resources of the two fiscal years next
preceding the current year or the actual budget resources for the two budget
periods preceding the current budget period, the estimated budget resources for
the current year or current budget period and the estimated budget resources
for the ensuing year or ensuing budget period.
(3)
The estimate sheets shall be made a part of the budget document. [Formerly
294.376]
294.360
[Amended by 1957 c.673 §5; 1963 c.576 §22; renumbered 294.416]
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]
294.368 Determination of estimated tax
revenues. (1) Each municipal corporation that has
the power to levy an ad valorem property tax shall estimate, in the manner
provided in this section, the amount of revenues that will be received in the
ensuing year or ensuing budget period through the imposition of taxes upon the
taxable property within the municipal corporation.
(2)
Subject to the additional adjustments required under subsection (4) of this
section, the estimated ad valorem taxes that will be received in the ensuing
year or ensuing budget period shall not exceed the following:
(a)
The amount derived by multiplying the estimated assessed value for the ensuing
year or each fiscal year of the ensuing budget period of the taxable property
within the municipal corporation, after boundary changes have been filed in
final approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225, by whichever of the following is applicable to the
municipal corporation:
(A)
The municipal corporation’s permanent rate limit on operating taxes, as defined
in ORS 310.202 (7); or
(B)
The municipal corporation’s statutory rate limit on operating taxes, as defined
in ORS 310.202 (10).
(b)
If the municipal corporation is authorized to levy a local option tax that was
authorized by the electors as a dollar amount, the dollar amount of such local
option tax that is authorized to be levied in the ensuing year or ensuing
budget period.
(c)
If the municipal corporation is authorized to levy a local option tax that was
authorized by the electors as a tax rate, the amount derived by multiplying the
authorized rate of such local option tax for the ensuing year or ensuing budget
period by the estimated assessed value for the ensuing year or each fiscal year
of the ensuing budget period of the taxable property within the municipal
corporation.
(d)
Subject to subsection (3) of this section, the municipal corporation’s estimate
of the amount required to pay the principal and interest on bonded indebtedness
that is not subject to limitation under section 11 (11) or section 11b, Article
XI of the Oregon Constitution.
(e)
The municipal corporation’s estimate of the amount required to repay taxing
district bond obligations or pension and disability plan obligations described
in section 11 (5), Article XI of the Oregon Constitution.
(3)(a)
The estimate described in subsection (2)(d) of this section may include:
(A)
An amount equal to the total of the payments on the principal and interest on
bonded indebtedness that are due and payable in the fiscal period following the
fiscal period for which the budget is being prepared and before a sufficient
amount of property taxes to pay the bonded indebtedness are collected in that
fiscal period, pursuant to ORS 294.398.
(B)
Amounts to reimburse the municipal corporation for the payment of principal and
interest on exempt bonded indebtedness that the municipal corporation made from
other moneys because collections of taxes levied for exempt bonded indebtedness
were not sufficient to pay the exempt bonded indebtedness.
(b)
If the bonded indebtedness is a tax credit bond or other bond that bears
interest that is includable in gross income under the Internal Revenue Code, as
amended and in effect on June 25, 2009, the payments described in paragraph (a)
of this subsection may include deposits that the municipal corporation has
agreed to make in a sinking fund that is dedicated to pay the bonded
indebtedness.
(4)
The amounts determined under subsection (2)(a), (b) and (c) of this section
shall be reduced by an amount equal to the estimated amount of such taxes that
will not be collected as a result of:
(a)
The discounts allowed under ORS 311.505;
(b)
The limits imposed under ORS 310.150 (3); and
(c)
The failure of taxpayers to pay such taxes in the year for which they are
levied.
(5)(a)
The estimated ad valorem taxes determined in accordance with subsection (2)(a),
(b) and (c) of this section, prior to adjustment by subsection (4) of this
section, shall be used by the municipal corporation for purposes of complying
with the requirements of ORS 310.060 (1).
(b)
The amounts determined under subsection (2)(d) and (e) of this section shall,
for purposes of complying with the requirements of ORS 310.060 (1), be
increased by an amount equal to the estimated amount of taxes that will not be
collected as a result of:
(A)
The discounts allowed under ORS 311.505;
(B)
The limits imposed under ORS 310.150 (3); or
(C)
The failure of taxpayers to pay taxes in the year for which they are levied. [Formerly
294.381]
294.370
[Amended by 1961 c.678 §2; repealed by 1963 c.576 §44]
294.371 [1963
c.576 §13; 1965 c.451 §4; 1997 c.308 §9; 2001 c.135 §8; 2011 c.473 §4;
renumbered 294.398 in 2011]
294.373 Reserving receipts from
revenue-producing property or facility; deposit in special fund.
(1) Any port or dock commission may reserve any portion of the receipts from
any revenue-producing property or facility. Any city may reserve any portion of
the receipts from any public utility operation of such city. Any such port,
dock commission or city may reserve any proceeds from the sale of any such
property for future maintenance, alteration, repair, equipment, relocation or
replacement of such properties or facilities of the general nature and type
from which the proceeds or receipts were received or for insurance funds or
retirement pension funds, as the governing body may deem necessary or
appropriate. However, if money is received from the sale of property that has
been purchased with the proceeds from the sale of bonds or utility
certificates, the governing body shall first apply the receipts from the sale
of such property to the payment of any applicable outstanding bonded
indebtedness before allocation of any portion of the receipts to a reserve
fund.
(2)
Moneys reserved under subsection (1) of this section shall be placed in a
special fund or funds. [Formerly 294.366]
294.375
[Repealed by 1963 c.576 §44]
294.376 [1963
c.576 §14; 2001 c.135 §9; renumbered 294.358 in 2011]
294.378 Certain interest to be included in
budget; method. In the exercise of the authority
granted by ORS 287A.180, 328.565 and 341.715, specific provision for interest
must be contained in duly adopted budgets. However, reporting of anticipated
loan proceeds and related principal repayments within a particular fiscal year
or budget period may be accomplished in narrative form or by footnoted
schedules to the duly adopted budget and need not be included as a budgetary
resource or requirement. Such narrative or footnoted disclosure must indicate
that principal repayments are a liability of the applicable fund from which
they are made. [Formerly 294.443]
294.380
[Amended by 1959 c.262 §3; repealed by 1963 c.576 §44]
294.381 [1963
c.576 §15: 1979 c.762 §1; 1991 c.459 §5; 1997 c.308 §10; 1997 c.541 §328; 1999
c.186 §7; 1999 c.632 §5; 2001 c.135 §10; 2001 c.138 §1; 2003 c.46 §1; 2005
c.443 §31; 2007 c.894 §1; 2009 c.538 §16; renumbered 294.368 in 2011]
294.383 Inclusions in accrued revenues of
school, education service, community college and community college service
districts using accrual basis of accounting; State School Fund grant
calculations. (1) As used in this section, “extended ADMw” means:
(a)
For a school district, the district extended ADMw as
calculated under ORS 327.013.
(b)
For an education service district, the sum of the extended ADMw
of the school districts located within the territory of the education service
district.
(2)
Notwithstanding ORS 294.333, a school district or education service district
that uses the accrual basis method of accounting may include as accrued revenues
in the budget and financial statement of the school district or education
service district, for any fiscal year, an amount from the next fiscal year that
is to be received in the next fiscal year. The amount accrued under this
section may not be greater than the amount calculated under subsection (3)(b)
or (c) of this section multiplied by the extended ADMw
of the school district or education service district.
(3)(a)
For each fiscal year, the Department of Education shall calculate the amount
available in the State School Fund for grants and distributions to school
districts and the amount available for grants and distributions to education
service districts under ORS 327.008, 327.013 and 327.019 based on the
appropriations and allocations made to the State School Fund for that fiscal
year by the Legislative Assembly in regular session. The department may not
include in the amount calculated to be available for school districts and
education service districts under this paragraph the amounts received by the
Youth Corrections Education Program and the Juvenile Detention Education
Program under ORS 327.026 from the State School Fund or amounts transferred to
the Regional Educational Services Account as provided by ORS 327.009.
(b)
The department shall calculate for school districts an amount equal to (the
amount calculated under paragraph (a) of this subsection for school districts ¸ 12) ¸the
total statewide extended ADMw of all school
districts.
(c)
The department shall calculate for education service districts an amount equal
to (the amount calculated under paragraph (a) of this subsection for education
service districts ¸
12) ¸the
total statewide extended ADMw of all education
service districts.
(d)
The department may adjust the calculations under this subsection based on
current data for the factors used to calculate the State School Fund
distribution to school districts and education service districts under ORS
327.008, 327.013 and 327.019.
(e)
Notwithstanding paragraph (d) of this subsection, the department may not adjust
the calculation under paragraph (a) of this subsection based on changes made to
the appropriations or allocations to the State School Fund by the Legislative
Assembly in special session or by rule of the Oregon Department of Administrative
Services relating to allotting funds.
(4)
Notwithstanding ORS 294.333, a community college district or community college
service district that uses the accrual basis method of accounting may include
as accrued revenues in the budget and financial statement of the community
college district or community college service district, for any fiscal year, an
amount from the next fiscal year that is to be received in the next fiscal
year. The amount accrued under this section may not be greater than 25 percent
of the amount the community college district or community college service
district received as a Community College Support Fund grant for the fiscal year
for which the revenues are to be accrued. [Formerly 294.447]
Note:
294.383 was added to and made a part of 294.305 to 294.565 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
294.385
[Repealed by 1963 c.576 §44]
294.386 [1963
c.576 §16; 1979 c.686 §5; 1997 c.308 §11; 1997 c.541 §329; 2007 c.783 §119;
repealed by 2011 c.473 §31]
294.388 Estimates and reconciliation of
expenditures and other requirements; form and contents.
(1) Each municipal corporation shall prepare estimates of expenditures and
other requirements for the ensuing year or budget period. The estimates must be
reconciled so that the total amount of expenditures and other requirements in
each fund equals the total amount of resources in the fund for the same period.
(2)
Estimates required under subsection (1) of this section must be prepared by
organizational unit or by program. For purposes of preparing the estimates, “organizational
unit” does not apply to hospitals, school districts or education service
districts.
(3)
Estimates prepared by organizational unit pursuant to subsection (2) of this
section must be detailed under separate object classifications of personnel
services, materials and services and capital outlay. Separate estimates must be
made for operating expenses and general capital outlays that cannot reasonably
be allocated to an organizational unit and for special payments, debt service
and interfund revenue transfers.
(4)
Estimates prepared by program pursuant to subsection (2) of this section must
be arranged for each activity of a program. Estimates under each activity must
be detailed under separate object classifications of personnel services,
materials and services and capital outlay. Separate estimates must be made for
operating expenses and general capital outlays that cannot reasonably be
allocated to an activity within a program and for special payments, debt
service and interfund revenue transfers.
(5)
Estimates of expenditures for personnel services must include for each
organizational unit or activity the total budgeted cost of all officers and
employees and the number of related full-time equivalent positions. Upon
request, a municipal corporation shall make available the current salary of
each officer and employee, other than persons who receive an hourly wage or who
are hired on a part-time basis. For the purpose of preparing a list of
salaries, employees of like classification and salary range may be listed by
the number of employees, the highest and lowest salaries and the total amount
of all salaries, in each salary range.
(6)
Debt service estimates must include separate amounts for principal and interest
for each bond issue in each fund.
(7)
The estimate for a fund may include an estimate for general operating
contingencies. [Formerly 294.352]
294.390
[Repealed by 1963 c.576 §44]
294.391 [1963
c.576 §17; 1997 c.308 §12; 2001 c.135 §11; 2011 c.473 §5; renumbered 294.403 in
2011]
294.393 Preparation of estimates by
school, education service and community college districts and by municipal
corporations operating public utility or hospital.
(1) Each school district and each education service district shall prepare the
estimates of expenditures required under ORS 294.388 in accordance with the
classification of revenue and expenditure accounts prescribed by the Department
of Education in consultation with the Department of Revenue. The Department of
Revenue is responsible for determining the district’s compliance with this
subsection.
(2)
Each community college district shall prepare the estimates of expenditures
required under ORS 294.388 in accordance with the classification of revenue and
expenditure accounts prescribed by the Department of Community Colleges and
Workforce Development in consultation with the Department of Revenue. The
Department of Revenue is responsible for determining the district’s compliance
with this subsection.
(3)
Notwithstanding ORS 294.388 (2), each municipal corporation that operates a
public utility or hospital shall prepare estimates for the operations of each
public utility or hospital in accordance with:
(a)
The applicable generally accepted system of accounts for the operations; or
(b)
The general system of accounts in ORS 294.305 to 294.565. [Formerly 294.356]
294.395
[Repealed by 1963 c.576 §44]
294.396 [1963
c.576 §18; 2001 c.135 §12; renumbered 294.408 in 2011]
294.398 Estimate of unappropriated
ending fund balance for each fund. A municipal
corporation may include in its budget an estimate of unappropriated
ending fund balance for each fund, for use in the fiscal period following that
for which the budget is being prepared. The estimate authorized by this section
represents cash or net working capital which will be carried over into the year
following the ensuing fiscal year or ensuing budget period for which the budget
is being prepared. It shall not in any way reduce the cash balance or net
working capital which becomes part of the budget resources provided in ORS
294.361 (1) to (3). The unappropriated ending fund
balance authorized by this section shall become a budget resource at the close
of the ensuing fiscal year or ensuing budget period for the succeeding year or
budget period. Except as provided in ORS 294.338 (2) and 294.481, no
appropriation or expenditure shall be made in the year or budget period for
which the budget is applicable for the amount estimated pursuant to this
section. [Formerly 294.371]
294.400
[Amended by 1953 c.40 §2; 1959 c.168 §1; repealed by 1963 c.576 §44]
294.401 [1963
c.576 §19; 1965 c.451 §5; 1971 c.516 §2; 1989 c.504 §1; 1997 c.308 §13; 1999
c.632 §6; 2011 c.473 §6; renumbered 294.426 in 2011]
294.403 Budget message.
A budget message shall be prepared by or under the direction of the executive
officer of the municipal corporation or, where no executive officer exists, by
or under the direction of the presiding officer of the governing body. The
budget message shall be delivered at a meeting of the budget committee as
provided in ORS 294.426 (1). The budget message shall:
(1)
Explain the budget document;
(2)
Contain a brief description of the proposed financial policies of the municipal
corporation for the ensuing year or ensuing budget period;
(3)
Describe in connection with the financial policies of the municipal
corporation, the important features of the budget document;
(4)
Set forth the reason for salient changes from the previous year or budget
period in appropriation and revenue items;
(5)
Explain the major changes in financial policy; and
(6)
Set forth any change contemplated in the municipal corporation’s basis of accounting
and explain the reasons for the change and the effect of the change on the
operations of the municipal corporation. [Formerly 294.391]
294.405
[Repealed by 1953 c.306 §18]
294.406 [1963
c.576 §20; 1965 c.451 §6; 1997 c.308 §14; 1997 c.541 §336a; 1999 c.632 §7; 2001
c.104 §103; 2001 c.135 §13; 2009 c.477 §6; renumbered 294.428 in 2011]
294.408 Time of making budget message and
document. The budget message and budget document
shall be prepared a sufficient length of time in advance to allow the adoption
of the budget by the close of the current fiscal year or current budget period.
[Formerly 294.396]
294.410
[Repealed by 1963 c.576 §44]
294.411 [1963
c.576 §21; 1969 c.155 §1; 1991 c.459 §6; 1997 c.308 §15; 1999 c.632 §8; 2009
c.596 §3; 2011 c.473 §7; renumbered 294.431 in 2011]
294.413 [1971
c.516 §9; 1983 c.549 §1; 1993 c.742 §46; 1997 c.308 §16; renumbered 294.433 in
2011]
294.414 Budget committee.
(1) Except as provided in ORS 294.423, the governing body of each municipal
corporation shall establish a budget committee in accordance with the
provisions of this section.
(2)
The budget committee shall consist of the members of the governing body and a
number, equal to the number of members of the governing body, of electors of
the municipal corporation appointed by the governing body; if there are
electors fewer than the number required, the governing body and the electors
who are willing to serve shall be the budget committee; and if there are no
electors willing to serve, the governing body shall be the budget committee.
(3)
The members of the budget committee shall receive no compensation for their
services as members of such committee.
(4)
Appointive members of the budget committee may not be officers, agents or
employees of the municipal corporation.
(5)
Appointive members of a budget committee that prepares an annual budget shall
be appointed for terms of three years. The terms shall be staggered so that, as
near as practicable, one-third of the terms of the appointive members end each
year.
(6)
Appointive members of a budget committee that prepares a biennial budget shall
be appointed for terms of four years. The terms shall be staggered so that, as
near as practicable, one-fourth of the terms of the appointive members end each
year.
(7)
If any appointive member is unable to serve the term for which the member was
appointed, or an appointive member resigns prior to completion of the term for
which the member was appointed, the governing body of the municipal corporation
shall fill the vacancy by appointment for the unexpired term.
(8)
If the number of members of the governing body is reduced or increased by law
or charter amendment, the governing body of the municipal corporation shall
reduce or increase the number of appointive members of the budget committee so
that the number thereof shall be equal to but not greater than the number of
members of the governing body. To effect a reduction, the governing body of the
municipal corporation may remove such number of appointive members as may be
necessary. The removals shall be made so that the number remaining will be
divided into three, if the terms of the appointive members are governed by
subsection (5) of this section, or four, if the terms of the appointive members
are governed by subsection (6) of this section, equal or approximately equal
groups as to terms. In case of an increase, additional appointive members shall
be appointed for such terms so that they, together with the members previously
appointed, will be divided into three or four, as appropriate under this
section, equal or approximately equal groups as to terms.
(9)
The budget committee shall at its first meeting after its appointment elect a
presiding officer from among its members. [Formerly 294.336]
294.415
[Renumbered 294.425]
294.416
[Formerly 294.360; 1965 c.451 §7; 1971 c.516 §3; 1979 c.686 §6; 1997 c.308 §17;
2001 c.135 §14; 2011 c.473 §8; renumbered 294.438 in 2011]
294.418 [1971
c.516 §5; 1979 c.686 §7; 1997 c.308 §18; 1997 c.541 §330; 2001 c.135 §15; repealed
by 2011 c.473 §31]
294.419 [2009
c.477 §2; renumbered 294.444 in 2011]
294.420
[Renumbered 294.555]
294.421
[Formerly 294.365; 1965 c.451 §8; 1967 c.525 §1; 1969 c.155 §2; 1971 c.516 §6;
1991 c.459 §7; 1997 c.308 §19; 1997 c.541 §331; 1999 c.632 §9; 2001 c.104 §104;
2001 c.135 §16; 2009 c.477 §7; 2009 c.596 §4; 2011 c.473 §11; renumbered
294.448 in 2011]
294.423 Governing body of certain
municipal corporations to be budget committee; exception.
(1) The governing body of each municipal corporation having a population
exceeding 200,000 and that is located in a county having a tax supervising and
conservation commission shall be the budget committee for the municipal
corporation unless the governing body of the municipal corporation elects by
resolution to create a budget committee as provided in ORS 294.414.
(2)
The governing body of a city with a population of more than 400,000 is the
budget committee of an urban renewal agency created by the city under ORS
457.035. [Formerly 294.341]
294.425 [Formerly
294.415; 1997 c.308 §20; 1997 c.541 §336b; 1999 c.632 §10; 2001 c.104 §105;
2001 c.135 §17; 2009 c.477 §8; renumbered 294.451 in 2011]
294.426 Budget committee meeting; notice;
receipt of budget message and document; provision of copies of document.
(1) The budget committee established under ORS 294.414 shall hold one or more
meetings for the following purposes:
(a)
Receiving the budget message prepared under ORS 294.403 and the budget
document; and
(b)
Providing members of the public with an opportunity to ask questions about and
comment on the budget document.
(2)(a)
If a budget committee holds more than one meeting under subsection (1) of this
section, the budget message and the budget document must be received at the
first meeting.
(b)
If the budget committee does not provide members of the public with an
opportunity to ask questions about and comment on the budget document at the
first meeting, the budget committee must provide the public with the
opportunity at a subsequent meeting.
(3)(a)
Except as provided in paragraph (b) of this subsection, the budget officer
designated under ORS 294.331 shall publish prior notice of each meeting of the
budget committee held pursuant to subsection (1) of this section. The notice
must contain the information described in subsection (4) of this section and
must be published by one of the methods described in subsection (5) of this
section.
(b)(A)
If the budget committee holds more than one meeting for the purposes described
in subsection (1) of this section, the budget officer may publish a combined
notice for all the meetings.
(B)
If the budget committee holds more than one meeting for the purpose described
in subsection (1)(b) of this section, the budget officer may publish notice of
only the first meeting. Notice of subsequent meetings may be given as provided
in ORS 294.428 (2). If notice is published for a meeting under this
subparagraph and it is subsequently determined that the meeting is unnecessary,
notice of cancellation of the meeting must be published as provided in ORS
294.428 (2).
(4)
The notice required under subsection (3) of this section must state:
(a)
The purpose, time and place of the meeting or meetings and the place where the
budget document is available;
(b)
That the meeting is a public meeting where deliberations of the budget
committee will take place; and
(c)
If the meeting described in the notice is a meeting at which the budget
committee will receive questions and comments from members of the public, that
any person may ask questions about and comment on the budget document at that
time.
(5)(a)
If the notice required under subsection (3) of this section is published only
by publication in a newspaper, the notice must be published at least two
separate times, not more than 30 days before the meeting date and not less than
five days before the meeting date.
(b)
The notice may be published once in a newspaper, not more than 30 days before
the meeting date and not less than five days before the meeting date, and once
on the municipal corporation’s Internet website, in a prominent manner and
maintained on the website for at least 10 days before the meeting date. The
newspaper notice must contain the Internet website address at which the notice
is posted.
(c)
If the notice is published by mailing or hand delivery, the notice must be
placed with the United States Postal Service or hand delivered not less than 10
days before the meeting date.
(6)(a)
At any time before the first meeting required under subsection (1) of this
section, the budget officer may provide one copy of the budget document to each
member of the budget committee solely for the information and use of the
individual members. The budget committee may not deliberate on the budget
document as a body before the first meeting.
(b)
If the budget officer does not provide copies of the budget document to the
members of the budget committee under paragraph (a) of this subsection, the
budget officer shall provide copies at the first meeting required under
subsection (1) of this section.
(7)
The budget officer shall file a copy of the budget document in the office of
the governing body of the municipal corporation immediately following
presentation of the budget document to the members of the budget committee
under subsection (6) of this section. The copy is a public record of the
municipal corporation.
(8)
The governing body of the municipal corporation must provide to individuals
upon request a copy of the budget document or the means of readily obtaining a
copy of the budget document. [Formerly 294.401]
294.428 Budget committee hearings; approval
of budget document. (1) The budget committee shall
approve the budget document as submitted by the budget officer or the budget
document as revised and prepared by the budget committee. The budget document
as approved by the budget committee shall specify the ad valorem property tax
amount or rate for all funds.
(2)
In addition to the meetings held under ORS 294.426 (1), the budget committee
may meet from time to time at its discretion. All meetings of the budget
committee shall be open to the public. Except for a meeting of the budget
committee held under ORS 294.426 (1), prior notice of each meeting of the
budget committee shall be given at the same time as is required for notice of
meetings of the governing body of the municipal corporation and may be given in
the same manner as notice of meetings of the governing body or by any one or
more of the methods described in ORS 294.311 (35).
(3)
The budget committee may demand and receive from any officer, employee or
department of the municipal corporation any information the committee requires
for the revision and preparation of the budget document. The budget committee
may compel the attendance of any such officer or employee at its meetings. [Formerly
294.406]
294.430 [1963
c.576 §24; 1969 c.155 §3; 1991 c.459 §8; 1997 c.308 §21; 2011 c.473 §12;
renumbered 294.453 in 2011]
294.431 Submission of budget document to
tax supervising and conservation commission before date of public hearing.
(1) A municipal corporation that has a population not exceeding 200,000, is
located in a county having a tax supervising and conservation commission, has
not made an election under ORS 294.625 (2) and has not submitted its approved
budget document to the tax supervising and conservation commission for a public
hearing pursuant to ORS 294.453 (3) shall submit its approved budget document
to the tax supervising and conservation commission in the county at least 30
days before the date of the public hearing in accordance with ORS 294.453.
(2)
A municipal corporation that has a population exceeding 200,000, or a municipal
corporation that has a population not exceeding 200,000, has not made an
election under ORS 294.625 (2) and requests the tax supervising and
conservation commission to conduct the public hearing described in ORS 294.453,
shall submit its approved budget document to the tax supervising and
conservation commission in the county at least 20 days before the date of the
public hearing in accordance with ORS 294.453.
(3)
If the real market value of all property subject to taxation by a municipal
corporation in a county having a tax supervising and conservation commission is
greater than the real market value of all property subject to taxation by the
municipal corporation in any other county, the municipal corporation shall
submit its approved budget document to the tax supervising and conservation
commission pursuant to subsection (1) or (2) of this section. As used in this
subsection, “real market value” means the real market value computed according
to ORS 308.207 from the assessment rolls last in the process of collection.
(4)
Upon timely application in writing by a municipal corporation, a tax
supervising and conservation commission may for good cause allow the municipal
corporation to submit its approved budget document later than required under
subsections (1) and (2) of this section. [Formerly 294.411]
294.433 Format for notices and summaries.
Format for publication of notices and summaries required by ORS 294.438 shall
be prescribed by the Department of Revenue. [Formerly 294.413]
294.435 [1963
c.576 §25; 1965 c.451 §9; 1969 c.682 §1; 1971 c.516 §7; 1977 c.305 §2; 1979
c.310 §5; 1979 c.686 §8a; 1993 c.270 §3; 1997 c.308 §22; 1997 c.541 §332; 1999
c.632 §11; 2001 c.135 §18; 2001 c.753 §5; 2003 c.14 §145; 2011 c.473 §13;
renumbered 294.456 in 2011]
294.437 [2001
c.753 §4; 2007 c.350 §1; renumbered 294.476 in 2011]
294.438 Publication of