Oregon Revised Statutes

Chapter 268 — —

96 sections

268.010 Short title

This chapter may be referred to as the Metropolitan Service District Act of 1997.

268.015 [1977 c.665 §1; repealed by 1997 c.833 §27]

As used in this chapter: “District” means a metropolitan service district established under this chapter. “District charter” means a home rule charter enacted by the electors of a district under section 14, Article XI, Oregon Constitution. “Metropolitan area” means that area which on October 4, 1997, lies within the boundaries of Clackamas, Multnomah and …

268.030 Purpose of chapter; limitation on number of districts; purpose of districts

This chapter is enacted in order to provide a method of making available in metropolitan areas public services not adequately available through previously authorized governmental agencies. To this end not more than one district may be established under this chapter in any metropolitan area. Subject to the provisions of a district charter, a district, where…

268.040 Exemption from public utility regulation

Transportation facilities operated by a district, including the rates and charges made by the district and the equipment operated by the district, and transportation facilities operated for a district by a private operator pursuant to a contract between the operator and the district, including the rates and charges made by the operator pursuant to the contra…

268.050 [1969 c.700 §28; 1981 c.173 §40; 1983 c.350 §129; 1989 c.328 §2; repealed by 1997 c.833 §27]

268.060 Costs of elections

The cost of elections to nominate or elect elected officials of the district shall be paid by the district. When a district election is held on a district measure, the election shall be conducted under ORS chapter 255.

268.070 [1989 c.321 §7; repealed by 1997 c.833 §27]

268.100 [1969 c.700 §4; 1971 c.727 §97; repealed by 1997 c.833 §27]

268.110 [1969 c.700 §5(1),(2); repealed by 1971 c.727 §203]

268.115 [1969 c.700 §5(3),(4); repealed by 1971 c.727 §191]

268.120 [1969 c.700 §6; 1971 c.727 §99; repealed by 1997 c.833 §27]

268.125 [1977 c.665 §14; repealed by 1991 c.15 §8]

268.130 [1969 c.700 §7; repealed by 1971 c.727 §191]

268.150 [1977 c.665 §5 (enacted in lieu of 268.200); 1979 c.804 §7; 1981 c.353 §3a; 1981 c.375 §3; 1983 c.350 §130; 1985 c.808 §78; 1989 c.10 §1; 1989 c.321 §1; 1995 c.712 §101; repealed by 1997 c.833 §27]

268.160 [1977 c.665 §6 (enacted in lieu of 268.200); 1979 c.804 §8; repealed by 1997 c.833 §27]

268.170 [1977 c.665 §20; repealed by 1997 c.833 §27]

268.180 [1977 c.665 §7 (enacted in lieu of 268.200); 1979 c.804 §9; 1981 c.375 §4; 1983 c.350 §131; 1987 c.349 §2; 1995 c.658 §100; repealed by 1997 c.833 §27]

268.190 [1977 c.665 §8 (enacted in lieu of 268.200); 1987 c.349 §5; repealed by 1997 c.833 §27]

268.200 [1969 c.700 §9; repealed by 1977 c.665 §4 (268.060, 268.150, 268.160, 268.180, 268.190 and 268.312 enacted in lieu of 268.200)]

268.210 [1969 c.700 §27; 1987 c.349 §6; repealed by 1997 c.833 §27]

268.215 [1987 c.349 §4; repealed by 1997 c.833 §27]

EMPLOYEE RIGHTS AND BENEFITS

268.220 Employees’ rights when district assumes a function of another public corporation, city or county

Except as otherwise provided by ORS 268.230, a district shall offer to employ every person who, on the date the district takes over a function of a public corporation, city or county in the district, is employed by the corporation, city or county to carry on the function. Where the district employs such a person, the employee shall remain an employee of the …

268.225 [1979 c.804 §2; repealed by 1997 c.833 §27]

268.230 District to protect employees’ rights when an operating public transportation system is acquired

When the district acquires an operating public transportation system, it shall make fair and equitable arrangements to protect the interests of employees and retired employees of the system. Such protective arrangements shall include, but shall not be limited to: Preservation of rights, privileges and benefits, including continuation of pension rights and p…

268.240 PERS membership for specified classes of district employees; conditions

A district that is not participating in the Public Employees Retirement System may, by application to the board, include any class of employees of the district in the system established by ORS chapters 238 and 238A without entering into a contract of integration with the board under ORS 238.680. The board shall consider an application received under this se…

268.300 Existence, status and general powers of district

A metropolitan service district has full power to carry out the objectives of its formation and the functions authorized pursuant to its charter and to that end may have and use a seal, have perpetual succession, sue and be sued in its own name, and enter into contracts. For purposes of its authorized functions, a district may enter into intergovernmental a…

268.310 Powers of district

Subject to the provisions of a district charter, a district may, to carry out the purposes of this chapter: Subject to the requirements of ORS 459.005 to 459.045, 459.065 to 459.105, 459.205 to 459.385, 459.992 (1) and (2) and 466.995 (1), dispose, and provide facilities for disposal, of solid and liquid wastes. Provide public transportation and terminal f…

268.312 [1977 c.665 §10a (enacted in lieu of 268.200); 1977 c.782 §6; 1985 c.204 §1; repealed by 1997 c.833 §27]

268.313 Acquisition or construction of major facility; conditions

Notwithstanding ORS 268.310 (4), a metropolitan service district that does not have a charter may not acquire or construct a major cultural, convention, exhibition, sports or entertainment facility unless: The financing of the acquisition or construction is approved by the electors of the district; or The facility is acquired or constructed pursuant to an …

268.315 Authority of district to levy ad valorem tax

For the purpose of performing the functions set forth in ORS 268.310 (3), the district, when authorized at any properly called election held for such purpose, shall have the power to levy an ad valorem tax on all taxable property within its boundaries not to exceed in any one year one-half of one percent (0.005) of the real market value of all taxable proper…

268.317 Solid and liquid waste disposal powers

For purposes of solid and liquid waste disposal, a district may: Build, construct, acquire, lease, improve, operate and maintain landfills, transfer facilities, resource recovery facilities and other improvements, facilities or equipment necessary or desirable for the solid and liquid waste disposal system of the district. Leases authorized by this section …

268.318 District approval required for disposal, transfer or resource recovery site or facility; criteria

No public or private disposal, transfer or resource recovery site or facility in the metropolitan service district shall be established, modified or extended without the prior approval of the district. The district may deny an application for the establishment, modification or extension of a site or facility if pursuant to its solid waste management plan the…

268.319 Reuse and recycling of electronic products

Any metropolitan service district serving a population of more than 500,000 persons shall develop and implement a program pertaining to electronic product reuse and recycling. Under the program, the metropolitan service district shall prepare educational materials relating to the collection, recycling and reuse of used consumer electronic products and develo…

268.320 Elector approval of district actions

Subject to the provisions of a district charter, the electors of a district may, from time to time, and in exercise of their power of the initiative, or by approving a proposition referred to them by the governing body of the district, authorize the district to assume additional functions.

268.330 Powers when providing local aspects of service; powers for public transportation; tax refunds

Subject to the provisions of a district charter: A district, to provide a local aspect of a public service, may take over facilities and functions of another public corporation, city or county, and may exercise powers of the corporation, city or county, in accordance with the agreement by which the district assumes the functions of the other corporation, ci…

268.335 [1977 c.665 §21; repealed by 1997 c.833 §27]

268.340 Acquisition of property; condemnation procedure; authority to lease and dispose of property; right of entry to survey lands

To the extent necessary to provide a metropolitan aspect of a public service, a district may acquire by purchase, condemnation, devise, gift or grant real and personal property or any interest therein within and without the district, including property of other public corporations. In so doing the district may proceed under ORS chapter 35. A district may le…

268.342 [1977 c.665 §23; repealed by 1997 c.833 §27]

268.343 Validation of certain easements acquired by district

Conservation easements and highway scenic preservation easements acquired by a metropolitan service district prior to May 28, 1999, are validated. Note: 268.343 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for furthe…

268.345 Limitation on condemnation power for certain facilities

Notwithstanding any power of condemnation, the district shall not acquire existent major cultural, convention, exhibition, sports or entertainment facilities owned by a public or municipal corporation without the consent of the governing body of that corporation.

268.347 Boundary change within district and urban reserves; filing boundary change with county assessor and Department of Revenue

Notwithstanding contrary provisions regarding jurisdiction under ORS chapters 198, 221 and 222, a metropolitan service district shall exercise jurisdiction, as provided in this section and ORS 268.351 and 268.354, over a boundary change within the boundaries of the district and within all territory designated as urban reserves by the district. For purposes …

268.350 [1969 c.700 §23; repealed by 1997 c.833 §27]

268.351 Definitions for ORS 268.347 and 268.354

As used in ORS 268.347 and 268.354, “boundary change” means a major boundary change or a minor boundary change, as those terms are defined in ORS 199.415. For the purpose of applying the definitions of “major boundary change” and “minor boundary change” to ORS 268.347 and 268.354, “district,” as used in those definitions, means a: Domestic water supply dis…

268.354 Boundary change procedures; standards

In addition to the requirements established by ORS chapters 198, 221 and 222 for a boundary change, a metropolitan service district, in consultation with the Metro Policy Advisory Committee, may establish requirements for a boundary change that is subject to the jurisdiction of the district pursuant to ORS 268.347. For a boundary change that is subject to t…

268.355 [1979 c.804 §3; repealed by 1997 c.833 §27]

268.356 Automatic annexation of land annexed by city within urban growth boundary

Notwithstanding the requirements for boundary changes under ORS 268.354 and ORS chapter 198, when a city within the urban growth boundary of a metropolitan service district annexes a territory under ORS chapter 222 and that territory is within the urban growth boundary of the district, the territory is annexed to the district without further proceedings.

268.357 Authority to sell certain information; marketing agreements; confidentiality

Subject to the provisions of a district charter, a district may impose and collect reasonable fees based on market prices or competitive bids for geographic data that have commercial value and are an entire formula, pattern, compilation, program, device, method, technique, process, database or system developed with a significant expenditure of public funds. …

268.360 Authority to exercise police power; ordinances; effective dates; enforcement

Subject to the provisions of a district charter: For purposes of its authorized functions a district may exercise police power and in so doing adopt the ordinances that a majority of the members of its council considers necessary for the proper functioning of the district. All legislative acts shall be by ordinance. Unless otherwise specified by the distri…

268.370 Authority to take over transit system of mass transit district; effect of transfer order

Subject to the provisions of a district charter, when a metropolitan service district organized under this chapter functions in a mass transit district organized under ORS 267.010 to 267.394, the governing body of the metropolitan district may at any time order transfer of the transit system of the transit district to the metropolitan district, whereupon: T…

268.380 Land-use planning goals and activities; coordination; review of local plans

A district may: Adopt land-use planning goals and objectives for the district consistent with goals adopted under ORS chapters 195, 196, 197 and 197A; Review the comprehensive plans in effect on January 1, 1979, or subsequently adopted by the cities and counties within the district and recommend that cities and counties, as the district considers necessary…

268.385 District as regional planning coordinator

For the purposes of ORS 195.025, the district formed under this chapter shall exercise within the district the review, advisory and coordinative functions assigned under ORS 195.025 (1) to each county and city that is within the district. ORS 195.025 (3) and (4) shall not apply to a district formed under this chapter.

268.390 Planning for activities and areas with metropolitan impact; review of comprehensive plans; urban growth boundary; regional framework plans

A district may define and apply a planning procedure that identifies and designates areas and activities having significant impact upon the orderly and responsible development of the metropolitan area, including, but not limited to, impact on: Air quality; Water quality; and Transportation. A district may prepare and adopt functional plans for those area…

268.393 Land use planning ordinance; notice to local governments and landowners

As used in this section, “owner” means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll. At least 45 days prior to the final public hearing on a proposed new or amended land use planning ordinance of a metropolitan service district, the district shall ca…

268.395 [1985 c.785 §2; repealed by 1997 c.516 §15 and 1997 c.833 §27]

268.400 [1985 c.785 §3; repealed by 1997 c.516 §15 and 1997 c.833 §27]

268.460 [1981 c.641 §2; repealed by 1997 c.833 §27]

268.465 [1981 c.641 §3; repealed by 1997 c.833 §27]

268.470 [1981 c.641 §4; repealed by 1997 c.833 §27]

268.475 [1981 c.641 §5; repealed by 1997 c.833 §27]

268.480 [1981 c.641 §6; repealed by 1997 c.833 §27]

268.485 [1981 c.641 §7; repealed by 1997 c.833 §27]

268.490 [1981 c.641 §8; repealed by 1997 c.833 §27]

268.495 [1981 c.353 §2; 1983 c.740 §70; repealed by 1995 c.333 §37]

FINANCES

268.500 Levy, collection, enforcement of ad valorem taxes; limitation; classification of property

A district may levy annually an ad valorem tax on all taxable property within its boundaries not to exceed in any one year one-half percent (0.005) of the real market value of all taxable property within the boundaries of such district, computed in accordance with ORS 308.207. The district may also annually assess, levy and collect a special tax upon all suc…

268.503 Vehicle registration fees

Subject to ORS 801.040, 801.042, 801.237 and 803.445, for the purpose of providing any service that the district, as defined in ORS 801.237, has power to provide, the district may impose registration fees on vehicles under ORS 803.445.

268.505 Income tax; rate limitation; elector approval required

Subject to the provisions of a district charter, to carry out the purposes of this chapter, a district may by ordinance impose a tax: Upon the entire taxable income of every resident of the district subject to tax under ORS chapter 316 and upon the taxable income of every nonresident that is derived from sources within the district which income is subject t…

268.507 Excise taxes

Subject to the provisions of a district charter, a district may by ordinance impose excise taxes on any person using the facilities, equipment, systems, functions, services or improvements owned, operated, franchised or provided by the district.

268.509 [1989 c.332 §2; repealed by 1997 c.833 §27]

268.510 [1969 c.700 §18; repealed by 1981 c.641 §9]

268.512 [1977 c.665 §23a; repealed by 1997 c.833 §27]

268.513 [1977 c.665 §16; 1979 c.804 §10; 1981 c.353 §5; 1985 c.210 §1; 1989 c.327 §2; repealed by 1997 c.833 §27]

268.514 [1989 c.327 §1; repealed by 1997 c.833 §27]

268.515 [Formerly 268.540; repealed by 1997 c.833 §27]

268.517 [1977 c.665 §15; repealed by 1997 c.833 §27]

GENERAL OBLIGATION BONDS

268.520 Authority to issue and sell general obligation bonds

For the purpose of performing any service that the district has power to perform, the district, when authorized at any properly called election held for such purpose, shall have the power to borrow money by the issuance and sale of general obligation bonds. Such bonds shall never exceed in the aggregate 10 percent of the real market value of all taxable prop…

268.525 Refunding bonds

Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution adopted by the district governing body without submitting to the electors the question of authorizing the issuance of the bonds.

268.530 Bond elections

Elections for the purpose of voting on the question of borrowing funds by issuance and sale of general obligation bonds shall be called by the governing body.

268.540 [1969 c.700 §§16,21,22; 1977 c.95 §5; renumbered 268.515]

REVENUE BONDS

268.590 Credit enhancement of district bonds and other obligations

As used in ORS 268.600 to 268.660: “Credit enhancement agreement” means the agreement pursuant to which a credit enhancement device is provided, given or issued. “Credit enhancement device” means any letter of credit, line of credit, municipal bond insurance or other device given or provided as security for the payment of the principal of, premium, if any,…

268.600 Issuance of revenue bonds; use of proceeds; status of bonds

For the purpose of carrying into effect all or any of the powers granted to metropolitan service districts, a district may from time to time issue and sell revenue bonds without the necessity of the electors of a district authorizing the bonds. Proceeds from the sale of such bonds may be used to cover the costs incurred in issuing such bonds, and preliminary…

268.610 Ordinance authorizing revenue bonds; content; special trust funds; trustees; enforcement

Revenue bonds issued under ORS 268.600 to 268.660 shall be authorized at a meeting by ordinance of the governing body. The ordinance may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer the funds, and may obligate a district to set aside and pay into a special trust fund for the purpose of securing …

268.620 Form and content of bonds

The revenue bonds authorized by ORS 268.600 to 268.660 shall be issued as prescribed in ORS chapter 287A.

268.630 Borrowing in anticipation of bond sale; bond anticipation notes; content; sale of notes

A district shall have the power, at any time and from time to time after the issuance of bonds under ORS 268.600 to 268.660 have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue. Bond ant…

268.640 Sale of revenue bonds

The governing body may from time to time sell revenue bonds authorized to be issued and sold pursuant to ORS 268.600 to 268.660 at public or private sale, in the manner and at such price or prices as it shall determine.

268.650 Bonds as obligation of a political subdivision

Revenue bonds, including refunding revenue bonds and bond anticipation notes issued under ORS 268.600 to 268.660, shall be considered to be bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of the state.

268.660 Effect of ORS 268.600 to 268.660

ORS 268.600 to 268.660 are additional, alternative and supplemental authority for a district and shall not abrogate any power, right or authority otherwise granted by law to a district.

268.700 [1969 c.700 §29; repealed by 1971 c.727 §203]

DISTRICT CHARTER

268.710 Electors of county may adopt, amend, revise or repeal district charter; limitation on certain actions

The electors of any metropolitan service district, by majority vote of such electors voting thereon at any legally called election, may adopt, amend, revise or repeal a charter for the district. The charter, or legislation passed by the district pursuant thereto, shall provide a method whereby the electors of the district, by majority vote of such electors v…