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CITY OF EUGENE <br /> <br /> INTER-DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY - CIVIl, DEPARTMENT <br /> <br />To: Denny Braud, PDD/CDD Date: October 6, 2004 <br /> <br />Subject: Enterprise Zone - Additional Condition Re: Brownfields <br /> <br /> You have asked whether it would be lawfi~l for the City of Eugene and Lane County to <br />include as an additional condition for enterprise zone tax exemption eligibility that thc development <br />occur only on brownfields, m~d not greenfields~ For the lbllowing reasons, it would not be lawfill <br />for thc City and County to impose such a condition. <br /> <br /> ORS 285C.135 provides the state-prescribed eligibility criteria lbr enterprise zone tax <br />exemptions. In general, and subject to certain restrictions, a business is eligible for thc exemption <br />if it is engaged in, or proposes to engage in, within thc enteq~rise zone, "providing goods, products <br />or services to businesses or other organizations tlu-ough activities including but not limited to, <br />manufacturing, assembly, fabrication, processing, shipping or storage." ORS 285C. 135(1). For the <br />most part, if the business meets the state criteria, it is eligible for the exemption, hz addition to thc <br />state criteria, ORS 285C. 150 al lows a "sponsor" o t'an enterprise zone, i .c. a city or county, to impose <br />additional conditions that the business must satisfy in order to receive the tax exemption. Hoxvever, <br />the additional conditions "must be reasonably related to the public purpose ot' providing <br />opportnnities for groups of persons, as defined by thc sponsor, to obtain employment, including but <br />not limited to providing training to these groups of persons." <br /> <br /> The condition yon have proposed, i.e. requiring thc business development to occur only on <br />brownfields, does not affect whether a business meets the state eligibility criteria, and is unlikely to <br />be ~'ound to be reasonably related to the public purpose of providing people with employment <br />opportunitics. Thercfi)re, we do not believe it would be lawfill for the City and County to impose <br />such a condition. <br /> <br /> IIARRANG LONG GARY RIJDNICK P.C. - <br /> CITY ATTORNEYS <br /> <br /> Sivh~a-g~6 <br /> <br />GK:abm <br /> <br /> <br />