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title=31 page=1 c.209 §5] 366.805 Allocation of appropriation to cities. (1) Except as provided in subsection (2) of this section, (1) Except as provided in subsection (2) of this section, 366.805 Allocation of appropriation to cities. 366.805 Allocation of appropriation to cities. (1) Except as provided in subsection (2) of this section, the appropriation specified in ORS 366.800 shall be allocated to the cities as provided in this subsection. the appropriation specified in ORS 366.800 shall be allocated to the cities as provided in this subsection. the appropriation specified in ORS 366.800 shall be allocated to the cities as provided in this subsection. The moneys subject to allocation under this subsection shall be distributed by the Department of The moneys subject to allocation under this subsection shall be distributed by the Department of The moneys subject to allocation under this subsection shall be distributed by the Department of Transportation according to the following: Transportation according to the following: Transportation according to the following: (a) The moneys shall be distributed to all the cities. (a) The moneys shall be distributed to all the cities. (a) The moneys shall be distributed to all the cities. (b) Each city shall receive such share of the moneys as its population bears to the total population of the (b) Each city shall receive such share of the moneys as its population bears to the total population of the (b) Each city shall receive such share of the moneys as its population bears to the total population of the cities. cities. (2) Each year, the sum of $500,000 shall be withdrawn from the appropriation specified in ORS (2) Each year, the sum of $500,000 shall be withdrawn from the appropriation specified in ORS (2) Each year, the sum of $500,000 shall be withdrawn from the appropriation specified in ORS 366.800 and $500,000 shall be withdrawn from moneys available to the Department of Transportation from 366.800 and $500,000 shall be withdrawn from moneys available to the Department of Transportation from 366.800 and $500,000 shall be withdrawn from moneys available to the Department of Transportation from the State Highway Fund and set up in a separate account to be administered by the Department of the State Highway Fund and set up in a separate account to be administered by the Department of the State Highway Fund and set up in a separate account to be administered by the Department of Transportation. The following apply to the account described in this subsection: Transportation. The following apply to the account described in this subsection: Transportation. The following apply to the account described in this subsection: (a) Money from the account shall only be used upon streets: (a) Money from the account shall only be used upon streets: (a) Money from the account shall only be used upon streets: (A) That are not a part of the state highway system; (A) That are not a part of the state highway system; (A) That are not a part of the state highway system; (B) That are within cities with populations of 5,000 or fewer persons; and (B) That are within cities with populations of 5,000 or fewer persons; and (B) That are within cities with populations of 5,000 or fewer persons; and (C) That are inadequate for the capacity they serve or are in a condition detrimental to safety. (C) That are inadequate for the capacity they serve or are in a condition detrimental to safety. (C) That are inadequate for the capacity they serve or are in a condition detrimental to safety. (b) All moneys in the account shall be allotted each year. (b) All moneys in the account shall be allotted each year. (b) All moneys in the account shall be allotted each year. (c) Subject to paragraph (d) of this subsection, the department shall determine the distribution of the (c) Subject to paragraph (d) of this subsection, the department shall determine the distribution of the (c) Subject to paragraph (d) of this subsection, the department shall determine the distribution of the expenditures after considering applications made to it therefor from the cities. expenditures after considering applications made to it therefor from the cities. expenditures after considering applications made to it therefor from the cities. (d) The department may enter into agreements with cities upon the advice and counsel of organizations (d) The department may enter into agreements with cities upon the advice and counsel of organizations (d) The department may enter into agreements with cities upon the advice and counsel of organizations representing cities to establish: representing cities to establish: representing cities to establish: (A) The method of allotting moneys from the account; or (A) The method of allotting moneys from the account; or (A) The method of allotting moneys from the account; or (B) The method of considering applications from cities and determining distribution based on the (B) The method of considering applications from cities and determining distribution based on the (B) The method of considering applications from cities and determining distribution based on the applications. [Amended by 1959 c.170 §1; 1985 c.123 §§1,2; 1989 c.865 §6; 1991 c.355 §1] applications. [Amended by 1959 c.170 §1; 1985 c.123 §§1,2; 1989 c.865 §6; 1991 c.355 §1] 366.810 Payment of appropriation to cities. Funds accrued and payable to cities under ORS 366.785 Funds accrued and payable to cities under ORS 366.785 366.810 Payment of appropriation to cities. 366.810 Payment of appropriation to cities. Funds accrued and payable to cities under ORS 366.785 to 366.820 shall be remitted on a monthly basis within 35 days after the end of the month for which a to 366.820 shall be remitted on a monthly basis within 35 days after the end of the month for which a to 366.820 shall be remitted on a monthly basis within 35 days after the end of the month for which a distribution is made by the Department of Transportation to the financial officer of each city. The funds distribution is made by the Department of Transportation to the financial officer of each city. The funds distribution is made by the Department of Transportation to the financial officer of each city. The funds appropriated shall be apportioned on or before the last day of each month by the department, which shall appropriated shall be apportioned on or before the last day of each month by the department, which shall appropriated shall be apportioned on or before the last day of each month by the department, which shall certify to the apportionment. Upon such certification, warrants shall be drawn payable to the cities in the certify to the apportionment. Upon such certification, warrants shall be drawn payable to the cities in the certify to the apportionment. Upon such certification, warrants shall be drawn payable to the cities in the amounts set out. [Amended by 1967 c.454 §44; 1973 c.436 §1; 1975 c.527 §3] amounts set out. [Amended by 1967 c.454 §44; 1973 c.436 §1; 1975 c.527 §3] 366.815 City to establish state tax street fund; accumulations. (1) A city shall set aside in a state tax (1) A city shall set aside in a state tax 366.815 City to establish state tax street fund; accumulations. 366.815 City to establish state tax street fund; accumulations. (1) A city shall set aside in a state tax street fund all money which it receives under ORS 366.785 to 366.820. street fund all money which it receives under ORS 366.785 to 366.820. street fund all money which it receives under ORS 366.785 to 366.820. (2) No money allocated to a city may be allowed to accumulate over two successive years unless the (2) No money allocated to a city may be allowed to accumulate over two successive years unless the (2) No money allocated to a city may be allowed to accumulate over two successive years unless the city perfects plans for a definite construction program allowable under ORS 366.785 to 366.820 which will city perfects plans for a definite construction program allowable under ORS 366.785 to 366.820 which will city perfects plans for a definite construction program allowable under ORS 366.785 to 366.820 which will necessitate the use of more than two years estimated allocations. The program shall receive the approval of necessitate the use of more than two years estimated allocations. The program shall receive the approval of necessitate the use of more than two years estimated allocations. The program shall receive the approval of the Chief Engineer before money allocated may be accumulated. If any city accumulates allocated funds for the Chief Engineer before money allocated may be accumulated. If any city accumulates allocated funds for the Chief Engineer before money allocated may be accumulated. If any city accumulates allocated funds for over two years, and a definite construction program is not established, the funds shall revert to the State over two years, and a definite construction program is not established, the funds shall revert to the State over two years, and a definite construction program is not established, the funds shall revert to the State Treasurer to be reallocated to other cities as though they were an additional credit to the cities Treasurer to be reallocated to other cities as though they were an additional credit to the cities Treasurer to be reallocated to other cities as though they were an additional credit to the cities appropriation under ORS 366.785 to 366.820. [Amended by 1993 c.741 §43] appropriation under ORS 366.785 to 366.820. [Amended by 1993 c.741 §43] 366.820 Limit to application of ORS 366.785 to 366.815. Nothing in ORS 366.785 to 366.815 Nothing in ORS 366.785 to 366.815 366.820 Limit to application of ORS 366.785 to 366.815. http://www.leg.state.or.us/ors/366.html (48 of 50) [11/3/2008 3:32:17 PM]