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 corporation, city or county for
purposes of any pension or retirement plan the employee has been included
in by the corporation, city or county and shall continue to have rights
and benefits thereunder as if the person had remained an employee of the
corporation, city or county, until the district provides a similar plan
for its employees and the employee is included in the plan. Until the
employee is so included, the district shall deduct from the compensation
of the employee the amount the employee is required to pay under the plan
of the corporation, city or county; shall pay that amount to the
corporation, city or county, which shall credit the amount to the
employee under the plan; and shall make whatever payments the plan calls
for the employer to make. [1969 c.700 §30]
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:
(1) Preservation of rights, privileges and benefits, including
continuation of pension rights and payment of benefits, existing under
collective bargaining agreements, or otherwise;
(2) Continuation of collective bargaining rights;
(3) Protection of individual employees against a worsening of their
positions with respect to their employment; and
(4) Assurance of employment to persons employed by the mass
transportation system acquired and priority of reemployment to persons
previously employed. [1969 c.700 §29a](1) 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.
(2) The board shall consider an application received under this
section to be an application to become a participating employer under ORS
chapters 238 and 238A but only to the extent of providing membership for
the class of employees described in the application.
(3) The board, upon such terms as are set forth in a contract
between the board and the employer, shall allow every employee in the
specified class to become members of the Public Employees Retirement
System in accordance with ORS chapters 238 and 238A.
(4) When a district enters into a contract with the board under
subsection (3) of this section, the district shall agree to eventually
extend coverage under ORS chapters 238 and 238A to all eligible district
employees through successive contracts with the board.
(5) All employees who have completed the period of service with the
public employer that is required under ORS 238.015, 238A.100 or 238A.300
shall become members of the system on a date specified by the board. All
other employees in the described class shall become members upon
completion of the required period of service.
(6) As used in this section, “board” means the Public Employees
Retirement Board established under ORS 238.630. [1989 c.879 §2; 2003
c.733 §72]POWERS (1) 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.
(2) For purposes of its authorized functions, a district may enter
into intergovernmental agreements under ORS chapter 190. [1969 c.700
§§8,26; 1977 c.95 §1; 1997 c.833 §7; 2003 c.802 §98] Subject to the provisions of a district
charter, a district may, to carry out the purposes of this chapter:
(1) 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.
(2) Provide public transportation and terminal facilities for
public transportation, including local aspects thereof transferred to the
district by one or more other public corporations, cities or counties
through agreements in accordance with this chapter.
(3) Acquire, construct, alter, maintain, administer and operate
metropolitan zoo facilities.
(4) Acquire, construct, alter, maintain, administer and operate
major cultural, convention, exhibition, sports and entertainment
facilities. However, unless the electors of the district first approve
the financing of the facilities, the district shall not:
(a) Construct new facilities; or
(b) Except for facilities acquired by means of an intergovernmental
agreement, acquire existing facilities.
(5) Acquire, develop, maintain and operate a system of parks, open
space and recreational facilities of metropolitan significance.
(6) Exercise jurisdiction over other matters of metropolitan
concern as authorized by a district charter. [1969 c.700 §10; 1971 c.648
§22; 1975 c.510 §2; 1977 c.95 §17; 1977 c.665 §10; 1977 c.782 §5; 1979
c.804 §4; 1987 c.844 §1; 1997 c.833 §8] 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 property
within the boundaries of such district, computed in accordance with ORS
308.207. [1975 c.510 §3; 1991 c.459 §368; 1997 c.833 §9]Note: 268.315 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 further
explanation. For purposes of
solid and liquid waste disposal, a district may:
(1) 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 include lease-purchase agreements whereunder the district
may acquire ownership of the leased property at a nominal price. Such
leases and lease-purchase agreements may be for a term of up to 30 years.
(2) Sell, enter into short or long-term contracts, solicit bids,
enter into direct negotiations, deal with brokers or use other methods of
sale or disposal for the products or by-products of the district’s
facilities.
(3) Require any person or class of persons who generate solid or
liquid wastes to make use of the disposal, transfer or resource recovery
sites or facilities of the district or disposal, transfer or resource
recovery sites or facilities designated by the district.
(4) Require any person or class of persons who pick up, collect or
transport solid or liquid wastes to make use of the disposal, transfer or
resource recovery sites or facilities of the district or disposal,
transfer or resource recovery sites or facilities designated by the
district.
(5) Regulate, license, franchise and certify disposal, transfer and
resource recovery sites or facilities; establish, maintain and amend
rates charged by disposal, transfer and resource recovery sites or
facilities; establish and collect license or franchise fees; and
otherwise control and regulate the establishment and operation of all
public or private disposal, transfer and resource recovery sites or
facilities located within the district. Licenses or franchises granted by
the district may be exclusive. Existing landfills authorized to accept
food wastes which, on March 1, 1979, are either franchised by a county or
owned by a city are exempt from the district’s franchising and rate
regulation.
(6) Prescribe a procedure for the issuance, administration, renewal
or denial of contracts, licenses or franchises granted under subsection
(5) of this section.
(7) Regulate the service or services provided by contract, license
or franchise and order modifications, additions or extensions to the
equipment, facilities, plan or services as shall be in the public
interest.
(8) Receive, accept, process, recycle, reuse and transport solid
and liquid wastes. [1977 c.95 §3; 1979 c.531 §4](1) No public or private
disposal, transfer or resource recovery site or facility in the 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 district has either:
(a) Entered into contracts obligating the district to supply or
direct minimum quantities of solid wastes to sites or facilities
designated in the contract in order that those sites or facilities will
operate economically and generate sufficient revenues to liquidate any
bonded or other indebtedness incurred by reason of those sites or
facilities; or
(b) Adopted a franchise system for the disposal of solid or liquid
wastes.
(2) In considering an application for the establishment,
modification or extension of a site or facility, the district may take
into account the location and number of existing sites or facilities and
their remaining capacities, whether the proposed establishment,
modification or extension complies with the district’s solid waste
management plan and whether the applicant has complied with all other
applicable regulatory requirements. [1979 c.531 §2; 1997 c.833 §24] 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 develop and
implement an outreach and education program. [2003 c.706 §4]Note: 268.319 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 further
explanation.(1) 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.
(2) When authorized to implement the results of a study of a
boundary commission formed within the metropolitan area under ORS 199.410
to 199.519, a district may, subject to the provisions of ORS 268.351 and
268.354, adopt an ordinance exercising jurisdiction over a boundary
change, as defined in ORS 268.351, otherwise authorized under ORS
chapters 198, 221 and 222. [1969 c.700 §11; 1977 c.95 §18; 1977 c.665
§11; 1997 c.516 §7; 1997 c.833 §10; 2005 c.22 §192]Subject to the provisions of a
district charter:
(1) 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, city or county.
(2) For purposes of public transportation, a district may:
(a) Contract with the United States or with any county, city or
state, or any of their departments or agencies, for the construction,
preservation, improvement, operation or maintenance of any mass transit
system.
(b) Build, construct, purchase, improve, operate and maintain,
subject to other applicable provisions of law, all improvements,
facilities or equipment necessary or desirable for the mass transit
system of the district.
(c) Enter into contracts and employ agents, engineers, attorneys
and other persons and fix their compensation.
(d) Fix and collect charges for the use of the transit system and
other district facilities.
(e) Construct, acquire, maintain and operate passenger terminal
facilities and motor vehicle parking facilities in connection with the
mass transit system within or outside the district.
(f) Use a public thoroughfare in a manner mutually agreed to by the
governing bodies of the district and of the thoroughfare or, if they
cannot so agree upon how the district may use the thoroughfare, in a
manner determined by an arbitrator appointed by the Governor.
(g) Do such other acts or things as may be necessary or convenient
for the proper exercise of the powers granted to a district by this
chapter.
(3) A district shall be entitled to tax refunds under ORS 319.831,
as if the district were a city. [1969 c.700 §12; 1979 c.344 §3; 1983
c.740 §69; 1997 c.833 §11](1) 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.
(2) A district may lease and dispose of property in accordance with
ORS 271.300 to 271.360.
(3) For purposes of surveys necessary for its proper functioning, a
district may enter upon land, after giving the owner thereof reasonable
advance notice of the entry. [1969 c.700 §§13,14,15; 1979 c.804 §5; 1985
c.443 §3]
Conservation easements and highway scenic preservation easements acquired
by a metropolitan service district prior to May 28, 1999, are validated.
[1999 c.208 §5]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 further
explanation.
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. [1977 c.782 §2](1) Notwithstanding ORS chapters 198, 221 and 222, a
metropolitan service district may exercise jurisdiction over boundary
changes under ORS 268.351 and 268.354 within the boundaries of the
district and within all territory designated as urban reserves by the
district in an ordinance adopted by the district council prior to June
30, 1997.
(2) For purposes of ad valorem taxation, a boundary change must be
filed in final approved form with the county assessor and the Department
of Revenue as provided in ORS 308.225. [1997 c.516 §13; 2001 c.138 §14;
2005 c.22 §193]
(1) “Boundary change” means a major boundary change or a minor
boundary change, as those terms are defined in ORS 199.415.
(2) “Contested case” means a boundary change decision that is
contested or otherwise challenged by a city, county or special district.
[1997 c.516 §9; 2005 c.22 §194] (1) In
addition to the requirements established by ORS chapters 198, 221 and 222
for boundary changes, boundary changes within a metropolitan service
district are subject to the requirements established by the district. The
requirements established by a metropolitan service district shall be
developed in consultation with the Metro Policy Advisory Committee and
the district council. The requirements established by a district shall
include the following:
(a) Boundary changes shall be subject to a uniform hearing and
notification process adopted by the district.
(b) The district shall establish an expedited process for
uncontested boundary changes.
(c) Contested cases shall be subject to appeal to a three-person
commission established by the district with further appeals as provided
by law. The district council shall appoint the members of the commission
from a list of nominees provided by Clackamas, Multnomah and Washington
Counties, with one member appointed from the nominees provided by each
county.
(d) All boundary change decisions shall be subject to clear and
objective criteria established by the district including, but not limited
to, compliance with the adopted regional urban growth goals and
objectives, functional plans, cooperative and urban service agreements
adopted pursuant to ORS chapter 195 and the regional framework plan of
the district.
(2) Except for contested cases, the role of a metropolitan service
district in the boundary determination process shall be ministerial only.
(3) Except as provided in this section and ORS 268.351, within the
area in which the metropolitan service district may exercise jurisdiction
over boundary changes:
(a) Proceedings for annexation of territory to a city and for all
other changes in city boundaries shall be conducted as provided in ORS
chapter 222;
(b) Proceedings for annexation of territory to a district,
including the metropolitan service district, and for all other changes in
district boundaries, including the boundaries of a metropolitan service
district, shall be conducted as provided in ORS chapter 198; and
(c) Notwithstanding any provision of ORS chapter 198, the
metropolitan service district shall be the governing body responsible for
conducting proceedings for minor boundary changes to the metropolitan
service district. Proceedings for minor changes to the boundaries of a
metropolitan service district shall be conducted as provided in ORS
chapter 198. [1997 c.516 §10; 1999 c.282 §1; 2005 c.22 §195]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. A district may enter into
agreements with private persons or entities to assist with marketing such
products. Notwithstanding any other provision of law, district software
product programming source codes, object codes and geographic databases
or systems are confidential and exempt from public disclosure under ORS
192.502. Nothing in this section authorizes a district to restrict access
to public records through inclusion of such records in a geographic
database or system. [1989 c.476 §2; 1997 c.833 §12]Subject to the provisions of a district charter:
(1) 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.
(2) Unless otherwise specified by the district in the ordinance, an
ordinance shall become effective on the 90th day after its adoption. If
the district refers an ordinance to the electors, the ordinance shall
become effective on the 30th day after its approval by a majority of the
electors voting on the measure or on a later date specified in the
ordinance. If a referendum petition, other than a petition referring an
ordinance declaring an emergency, is filed with the filing officer not
later than the 90th day after the adoption of the ordinance and before
the ordinance takes effect, the effective date of the ordinance shall be
suspended. An ordinance referred by a proper referendum petition shall
become inoperative and shall not take effect if a majority of the
electors voting on the measure reject the ordinance.
(3) In addition to the provisions of ORS 268.990, violation of the
district’s ordinances may be enjoined by the district in an action in a
court of competent jurisdiction.
(4) In addition to any other penalty provided by law, any person
who violates any ordinances or order of the district pertaining to one or
more of its authorized functions shall incur a civil penalty not to
exceed $500 a day for each day of violation.
(5) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of penalty
is not paid within 10 days after the order becomes final, the order may
be recorded with the county clerk in any county of this state. The clerk
shall record the name of the person incurring the penalty and the amount
of the penalty in the County Clerk Lien Record. [1969 c.700 §24; 1977
c.95 §4; 1977 c.665 §12; 1981 c.173 §41; 1981 c.353 §4; 1983 c.350 §132;
1991 c.15 §4; 1991 c.734 §16; 1997 c.833 §13; 2003 c.561 §1]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 267.390, 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:
(1) The governing body of the transit district shall transfer title
to, and possession of, the transit system and of all books, records,
files, documents, and other property of the district to the metropolitan
district.
(2) The metropolitan district shall be responsible for all the
liabilities and obligations imposed upon or assumed by the transit
district.
(3) For purposes of mass transit the metropolitan district shall
have all the rights, powers, privileges, and immunities, and be subject
to all the duties and obligations, of a mass transit district under ORS
267.010 to 267.390, insofar as those rights, powers, privileges,
immunities, duties, and obligations are consistent with this chapter.
(4) The boundaries of the metropolitan district shall, for purposes
of mass transit, be extended to encompass all the territory of the
transit district.
(5) The transit district shall be dissolved and the offices of its
directors terminated. [1969 c.700 §32; 1997 c.833 §14](1) A district may:
(a) Adopt land-use planning goals and objectives for the district
consistent with goals adopted under ORS chapters 195, 196 and 197;
(b) 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,
make changes in any plan to ensure that the plan conforms to the
district’s metropolitan area goals and objectives and the statewide goals;
(c) Coordinate the land-use planning activities of that portion of
the cities and counties within the district; and
(d) Coordinate its activities and the related activities of the
cities and counties within the district with the land-use planning
development activities of the federal government, other local
governmental bodies situated within this state or within any other state
and any agency of this state or another state.
(2) When a district is required by a district charter to adopt a
regional framework plan, the regional framework plan shall include and be
consistent with land use planning goals and objectives adopted by the
district. [1977 c.665 §17; 1979 c.804 §11; 1997 c.833 §15; 2001 c.672 §8] (1) 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.
(2) ORS 195.025 (3) and (4) shall not apply to a district formed
under this chapter. [1977 c.665 §19](1) A district may define and apply a planning procedure which 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:
(a) Air quality;
(b) Water quality; and
(c) Transportation.
(2) A district may prepare and adopt functional plans for those
areas designated under subsection (1) of this section to control
metropolitan area impact on air and water quality, transportation and
other aspects of metropolitan area development the district may identify.
(3) A district shall adopt an urban growth boundary for the
district in compliance with applicable goals adopted under ORS chapters
195, 196 and 197.
(4) A district may review the comprehensive plans in effect on
January 1, 1979, or subsequently adopted by the cities and counties
within the district which affect areas designated by the district under
subsection (1) of this section or the urban growth boundary adopted under
subsection (3) of this section and recommend or require cities and
counties, as it considers necessary, to make changes in any plan to
assure that the plan and any actions taken under it conform to the
district’s functional plans adopted under subsection (2) of this section
and its urban growth boundary adopted under subsection (3) of this
section.
(5) Pursuant to a regional framework plan, a district may adopt
implementing ordinances that:
(a) Require local comprehensive plans and implementing regulations
to comply with the regional framework plan within two years after
compliance acknowledgment.
(b) Require adjudication and determination by the district of the
consistency of local comprehensive plans with the regional framework plan.
(c) Require each city and county within the jurisdiction of the
district and making land use decisions concerning lands within the land
use jurisdiction of the district to make those decisions consistent with
the regional framework plan. The obligation to apply the regional
framework plan to land use decisions shall not begin until one year after
the regional framework plan is acknowledged as complying with the
statewide planning goals adopted under ORS chapters 195, 196 and 197.
(d) Require changes in local land use standards and procedures if
the district determines that changes are necessary to remedy a pattern or
practice of decision-making inconsistent with the regional framework plan.
(6) The regional framework plan, ordinances that implement the
regional framework plan and any determination by the district of
consistency with the regional framework plan are subject to review under
ORS 197.274. [1977 c.665 §18; 1979 c.402 §1; 1983 c.827 §53; 1985 c.565
§40; 1997 c.833 §16](1) 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.
(2) 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 cause written notice of the proposed
ordinance to be mailed to every owner of real property that will be
rezoned as a result of the proposed ordinance.
(3) The notice required in subsection (2) of this section must:
(a) Contain substantially the following language in boldfaced text
extending across the top of the face page from the left margin to the
right margin:
___________________________________________________________________________
___This is to notify you that the metropolitan service district has
proposed a land use planning ordinance that may affect the permissible
uses of your property and other properties.
___________________________________________________________________________
___ (b) Contain substantially the following language in the body of the
notice:
___________________________________________________________________________
___On (date of public hearing), the metropolitan service district will
hold a public hearing regarding the adoption of ordinance (number). The
district has determined that adoption of this ordinance may affect the
permissible uses of your property, and other properties in the affected
zone, and may change the value of your property.
Ordinance (number) is available for inspection at the metropolitan
service district offices located at (address). A copy of the ordinance
(number) is available for purchase at a cost of $_____.
For additional information, contact the metropolitan service
district at (telephone number).
___________________________________________________________________________
___ (4) If real property of an owner will be rezoned as a result of the
adoption of the land use planning ordinance and the owner was not
notified pursuant to subsection (2) of this section, at least 30 days
prior to the effective date of a new or amended land use planning
ordinance of a metropolitan service district, the district shall cause
written notice of the new or amended ordinance to be mailed to the owner
of the real property that will be rezoned.
(5) The notice required in subsection (4) of this section must:
(a) Contain substantially the following language in boldfaced text
across the top of the face page extending from the left margin to the
right margin:
___________________________________________________________________________
___This is to notify you that the metropolitan service district has
adopted a land use planning ordinance that may affect the permissible
uses of your property and other properties.
___________________________________________________________________________
___ (b) Contain substantially the following language in the body of the
notice:
___________________________________________________________________________
___On (date of ordinance adoption), the metropolitan service district
adopted ordinance (number). The district has determined that adoption of
this ordinance may affect the permissible uses of your property, and
other properties in the affected zone, and may change the value of your
property.
Ordinance (number) is available for inspection at the metropolitan
service district offices located at (address). A copy of the ordinance
(number) is available for purchase at a cost of $_____.
For additional information, contact the metropolitan service
district at (telephone number).
___________________________________________________________________________
___ (6) For purposes of this section, property is rezoned by a land use
planning ordinance adopted by a metropolitan service district if the
ordinance directly or indirectly requires a local government to:
(a) Change the base zoning classification of the property; or
(b) Modify land use regulations applicable to the property in a
manner that would limit or prohibit land uses previously allowed. [1999
c.1 §7; 2003 c.668 §4a; 2003 c.802 §99]FINANCES(1) 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 such property in an amount
sufficient to pay the yearly interest on bonds previously issued by the
district and then outstanding, together with any portion of the principal
of such bonds maturing within the year. The special tax shall be applied
only in payment of the interest and principal of bonds issued by the
corporation, but the corporation may apply any funds it may have towards
the payment of principal and interest of any such bonds.
(2) Such taxes shall be levied in each year and returned to the
county officer whose duty it is to extend the tax levy by the time
required by law for city taxes to be levied and returned. All taxes
levied by the district shall become payable at the same time and be
collected by the same officer who collects county taxes and shall be
turned over to the district according to law. The county officer whose
duty it is to extend the county levy shall extend the levy of the
district in the same manner as city taxes are extended. Property shall be
subject to sale for nonpayment of taxes levied by the corporation in like
manner and with like effect as in the case of county and state taxes.
(3) In taxation a district may classify property on the basis of
services received from the district and prescribe different tax rates for
the different classes of property. [1969 c.700 §17; 1987 c.816 §1; 1991
c.459 §369; 1993 c.18 §48; 1997 c.833 §25; 1999 c.21 §5]Subject to ORS 801.040 to
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.
[1989 c.864 §13] (1)
Subject to the provisions of a district charter, to carry out the
purposes of this chapter, a district may by ordinance impose a tax:
(a) 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 to tax under ORS chapter 316; and
(b) On or measured by the net income of a mercantile,
manufacturing, business, financial, centrally assessed, investment,
insurance or other corporation or entity taxable as a corporation doing
business, located, or having a place of business or office within or
having income derived from sources within the district which income is
subject to tax under ORS chapter 317 or 318.
(2) The rate of the tax imposed by ordinance adopted under
authority of subsection (1) of this section shall not exceed one percent.
The tax may be imposed and collected as a surtax upon the state income or
excise tax.
(3) Any ordinance adopted pursuant to subsection (1) of this
section may require a nonresident, corporation or other entity taxable as
a corporation having income from activity both within and without the
district taxable by the State of Oregon to allocate and apportion such
net income to the district in the manner required for allocation and
apportionment of income under ORS 314.280 and 314.605 to 314.675.
(4) If a district adopts an ordinance under this section, the
ordinance shall be consistent with any state law relating to the same
subject, and with rules and regulations of the Department of Revenue
prescribed under ORS 305.620.
(5) Any ordinance adopted by the district under subsection (1) of
this section shall receive the approval of the electors of the district
before taking effect. [1977 c.665 §22; 1997 c.833 §17] 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.
[1989 c.332 §§3,4; 1997 c.833 §18]GENERAL OBLIGATION BONDS(1) 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 property within the district computed in
accordance with ORS 308.207. The bonds shall be so conditioned that the
district shall promise and agree therein to pay the bearer at a place
named therein, the principal sum with interest at a rate named therein
payable semiannually in accordance with the tenor and terms of the
interest coupons attached. The bonds shall mature serially not to exceed
30 years from the date of issue.
(2) All general obligation bonds shall be advertised for sale and
sold in the manner prescribed in ORS 287.014 to 287.022 for the sale of
bonds of cities. [1969 c.700 §19; 1977 c.782 §7; 1983 c.347 §21; 1991
c.459 §370] 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. [1969 c.700 §19a] 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. [1969 c.700 §20; 1971 c.647
§63a; 1977 c.782 §8]REVENUE BONDS
(1) As used in ORS 268.600 to 268.660:
(a) “Credit enhancement agreement” means the agreement pursuant to
which a credit enhancement device is provided, given or issued.
(b) “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, or
interest on revenue bonds or bond anticipation notes issued under ORS
268.600 to 268.660 or as security for the payment or performance of any
of the district’s obligations under or with respect to such revenue bonds
or bond anticipation notes.
(c) “Credit enhancement provider” means the person or entity
providing or issuing a credit enhancement device.
(2) In connection with the issuance of revenue bonds or bond
anticipation notes under ORS 268.600 to 268.660, a district may arrange
for a credit enhancement device to be given, issued or provided as
security for the payment of the principal of, premium, if any, or
interest on such revenue bonds or bond anticipation notes or as security
for the payment or performance of the district’s obligations under or
with respect thereto.
(3) A district may enter into a credit enhancement agreement with a
credit enhancement provider setting forth the respective rights, duties
and obligations of the district and the credit enhancement provider under
or with respect to such credit enhancement device, which agreement may
contain such terms, covenants and conditions as shall be approved by the
governing body of the district and which are not inconsistent with the
provisions of ORS 268.600 to 268.660.
(4) The obligations of the district under or with respect to any
credit enhancement device or credit enhancement agreement shall not in
any manner or to any extent be general obligations of the district nor a
charge upon any other revenues or property of the district not
specifically pledged thereto.
(5) In the ordinance authorizing the issuance of revenue bonds or
bond anticipation notes under ORS 268.600 to 268.660, the governing body
may pledge as security for the payment or performance of the district’s
obligations under or with respect to the related credit enhancement
device or credit enhancement agreement all or any portion of the
district’s revenues, regardless of the source from which derived, then
existing or which thereafter come into existence. In addition, in such
ordinance the governing body may pledge or mortgage as security for the
payment or performance of its obligations under or with respect to such
credit enhancement device or credit enhancement agreement any property of
the district. Any such pledge or mortgage of revenues or other property
may be on such terms as the governing body shall determine, including but
not limited to a pledge or mortgage on a parity basis with the pledge or
mortgage of such revenues or other property as security for revenue bonds
or bond anticipation notes issued under ORS 268.600 to 268.660 or on a
subordinated basis. In the ordinance creating such pledge or mortgage,
the district may reserve the right to pledge or mortgage from time to
time on a parity or subordinated basis all or any part of such pledged or
mortgaged revenues or other property as security for the payment or
performance of the district’s obligations under or with respect to any
one or more series of revenue bonds or bond anticipation notes or credit
enhancement device or credit enhancement agreement thereafter issued,
given, provided or entered into by the district. [1987 c.623 §7]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 work incident to carrying out such purposes and powers,
including but not limited to planning, engineering, inspection,
accounting, fiscal, legal and trustee expenses, the costs of issuance of
bonds, engraving, printing, advertising and other similar expenses, and
to pay interest on the outstanding bonds issued for any project during
the period of actual construction and for such period thereafter as a
district may determine, and to establish, maintain or increase any
reserves for debt service on the bonds. Such revenue bonds shall not in
any manner or to any extent be a general obligation of a district nor a
charge upon any other revenues or property of a district not specifically
pledged thereto. A district may issue revenue bonds pursuant to ORS
268.600 to 268.660 for the purpose of financing landfills, transfer
facilities, resource recovery facilities and other improvements,
facilities and equipment necessary or desirable for the solid and liquid
waste disposal system of the district regardless of whether such
improvements, facilities or equipment are to be owned by the district or
any other public or private agency or person and regardless of whether
such improvements, facilities or equipment are to be located within or
without the district. In connection with the issuance of revenue bonds to
finance any such improvements, facilities or equipment which are to be
owned by any other public or private agency or person, the district shall
enter into a lease-purchase, installment sale or loan agreement with such
public or private agency or person providing for lease-purchase,
installment sale or loan payments which, together with other revenues
pledged for the payment of such revenue bonds as provided in ORS 268.610,
shall be sufficient to pay when due the principal of, premium, if any,
and interest on such revenue bonds. [1977 c.95 §9; 1987 c.623 §1](1) 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 revenue bonds, all or any portion of its
revenues, regardless of the source from which derived, then existing or
which thereafter come into existence. The governing body may, in addition
thereto, pledge or mortgage for the payment of the principal of and
interest on and premium, if any, of any issue of such bonds any property
of a district. Notice that action upon the bond ordinance will be taken
at the designated meeting of the governing body, shall be given for a
period of not less than two consecutive weeks, prior to such meeting, by
publication thereof once each week in a newspaper of general circulation,
published within the corporate boundaries of the district or, if there be
no such newspaper, by posting such notice for a period of not less than
two weeks in three public places in the district.
(2) The money in a special trust fund created by an ordinance
authorizing an issue of revenue bonds shall be used solely for the
purposes provided therefor by the ordinance.
(3) The ordinance may obligate the district, and the district shall
have power to fix, levy and collect such rates, rentals, fees and other
charges for the use and services of all or any of its facilities, which
revenues may be pledged to the payment of the principal of and interest
on and premium, if any, of the revenue bonds or any of them and if so
pledged shall be sufficient to produce revenues, along with other
lawfully available funds, adequate to pay the costs of the operation,
maintenance and repair of any or all district properties; to pay or
provide for the payment of the principal of and interest on, and premium,
if any, of such revenue bonds or any of them, including any reserves for
such payment; and to produce such additional amount of revenues therefrom
as the district may covenant with the holders of such revenue bonds.
(4) The ordinance may provide that in the event the money in a
special trust fund is insufficient to pay the revenue bonds to be paid
out of the fund, such revenue bonds shall be payable out of any part or
all of other nonpledged revenues of the district. Whenever all bonds and
expenses thereof have been paid so that no charge remains upon such
special fund, the governing body may, by ordinance, transfer any balance
remaining in such fund to its general fund, discharge the trustee, if
any, and dissolve the special fund. Any trustee authorized to administer
the fund may, subject to approval of the governing body, invest and
reinvest moneys in the special fund in any security or securities in
which the State of Oregon may by law invest.
(5) If the governing body fails to set aside and pay revenues into
a special trust fund as required by the ordinance authorizing the
issuance and sale of the bonds secured by the fund, a holder of any of
such bonds may bring suit against the district to compel compliance with
the provisions of the ordinance in the circuit court of the county in
which the district has its principal office.
(6) In the ordinance authorizing the issuance of revenue bonds
under ORS 268.600 to 268.660 and pledging all or any portion of the
district’s revenues to the payment of such revenue bonds:
(a) The district may reserve the right to pledge from time to time
on a parity basis all or any part of such pledged revenues as security
for any one or more series of revenue bonds thereafter issued by the
district, and in the event the right so reserved by the district is
exercised all revenue bonds secured by such pledged revenues shall be
equally and ratably secured thereby without preference or priority of any
kind of any bond or series of bonds secured thereby over any other bond
or series of bonds secured thereby; and
(b) The district may reserve the right to pledge from time to time
on a subordinated basis all or any part of such pledged revenues as
security for any one or more series of revenue bonds thereafter issued by
the district.
(7) Any pledge of revenues by a district made pursuant to this
section or ORS 268.590 shall be valid, binding and fully perfected from
and after the date of issuance of the revenue bonds secured thereby and
the revenues pledged shall be immediately subject to the lien of such
pledge without the physical delivery thereof, the filing of any notice or
any further act. The lien of any such pledge shall be valid, binding and
fully perfected against all persons having claims of any kind against the
district whether in tort, contract or otherwise, irrespective of whether
such persons have notice thereof. [1977 c.95 §10; 1987 c.623 §2] The revenue bonds
issued and sold under ORS 268.600 to 268.660:
(1) Shall be deemed to be for all purposes negotiable instruments,
subject only to the provisions of the bonds for registration, and need
not comply with requirements of the Uniform Commercial Code.
(2) May be issued in one or more series, bear such date or dates,
mature at such times and in such amounts, be in such denomination or
denominations, be payable at a designated place or places within or
without the State of Oregon or at the fiscal agency of the State of
Oregon, be equally and ratably secured without priority or be entitled or
subject to such priorities on all or any portion of the revenues of the
district and, notwithstanding any other provision of law to the contrary,
bear such rate or rates of interest, including a variable rate of
interest to be determined at such times, in such manner and by such agent
appointed for such purpose or according to such formula as the governing
body may determine, and contain such other terms, conditions and
covenants, all as the governing body may determine.
(3) Shall contain a recital that principal of and interest on and
premium, if any, on the revenue bonds are payable solely out of revenues
and property of the district pledged to the payment thereof by the
ordinance of the governing body authorizing the issue of which the bonds
are a part.
(4) May be in coupon form with or without privilege of registration
or may be in registered form, or both, with the privilege of converting
and reconverting from one form to another.
(5) May contain covenants of the district to protect and safeguard
the security and rights of holders of any such bonds and such other terms
and conditions, in conforming with ORS 268.600 to 268.660 which the
governing body in its discretion determines are necessary or desirable to
protect the district or increase the marketability of the bonds. ORS
268.600 to 268.660 and any such ordinance which constitutes a contract
with the holders of the bonds and the provisions thereof shall be
enforceable by any holder or any number of holders of the bonds, as the
governing body may determine.
(6) Shall be in the form prescribed by the governing body and the
bonds and the coupons, if any, attached to the bonds shall be signed by
the presiding officer of the governing body and by the executive officer
of the district, either manually or by means of their printed, engraved
or lithographed signature, with the seal of the district or a facsimile
thereof printed, engraved or lithographed thereon or affixed thereto.
However, in the event the bonds are to be signed by means of the printed,
engraved or lithographed facsimile signatures of both the presiding
officer of the governing body and the executive officer of the district,
the ordinance authorizing the issuance of such bonds shall provide that
no bond shall be valid or obligatory for any purpose or be entitled to
the benefits of or security provided by the ordinance unless and until
such bond has been authenticated by means of the manual signature of a
duly authorized officer of the bond trustee, paying agent, registrar or
other agent appointed for such purpose. Pending the preparation and
delivery of definitive bonds, a district may issue interim certificates
or temporary bonds, exchangeable for definitive bonds when such bonds
shall have been executed and are available for delivery. Such interim
certificates or temporary bonds may contain such terms and conditions as
the governing body may determine.
(7) May be issued with the right reserved to the governing body to
redeem the bonds at par or at par plus a premium, in such order, and at
such time or times prior to the final maturity date or dates of the
bonds, as the ordinance may provide or as otherwise determined by the
governing body. Notice of redemption shall be given in the manner
specified in the bonds, as provided in ORS 288.520. Newspaper publication
of notice of redemption is not required for bonds that are in registered
form. [1977 c.95 §11; 1987 c.623 §3; 1997 c.171 §6](1) 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.
(2) Bond anticipation notes shall be issued for all moneys so
borrowed under the provisions of this section. Such notes may be issued
for a period not to exceed three years and may be renewed or refunded
from time to time for periods of not exceeding three years, but each such
note, including renewals, shall mature and be paid not later than the
fifth anniversary of the date the original note was issued. Such notes
shall be authorized by ordinance of the governing body and shall be in
such denomination or denominations, shall bear interest at such rate or
rates approved by the governing body, shall be in such form and shall be
executed in such manner, all as the governing body shall prescribe. Such
notes may be sold at public or private sale in the manner and at such
price or prices as the governing body shall determine, provided that if
such notes be renewal notes, they may be exchanged for notes then
outstanding on such terms as the governing body shall determine. [1977
c.95 §12; 1987 c.623 §4] 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. [1977 c.95 §13] 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. [1977 c.95 §14; 1987 c.623 §5](1) 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 voting
thereon at any legally called election, may amend, revise or repeal the
charter.
(2) Provisions of a district charter and district legislation that
relate to the amendment, revision or repeal of a district charter are
matters of metropolitan concern and shall prevail over conflicting
provisions of state law that are first effective after January 1, 1999,
unless such law specifically provides otherwise. After January 1, 1997,
no person may commence or maintain an action to challenge the validity of
a district charter existing and effective on January 1, 1997, on the
basis of inconsistency or conflict between the district charter and ORS
268.030, 268.300, 268.310, 268.317, 268.318, 268.320, 268.330, 268.340,
268.345, 268.357, 268.360, 268.370, 268.500, 268.505, 268.507, 268.520,
268.525, 268.530, 268.590, 268.600 to 268.660 and 268.990. To the extent
that provisions of a district charter limit the exercise of a power
granted by the statutes listed in this subsection, the provisions of the
district charter shall be given full force and effect. In addition to any
authority expressly granted to a metropolitan service district by the
Legislative Assembly, a district charter is an independent grant of
authority by the affected electorate pursuant to section 1 (5), Article
IV and section 2, Article XI of the Oregon Constitution.
(3) A charter of a metropolitan service district shall prescribe
the organization of the district government and shall provide directly,
or by its authority, for the number, election or appointment,
qualifications, tenure, compensation, powers and duties of such officers
as the district considers necessary. Such officers shall among them
exercise all the powers and perform all the duties, as granted to,
imposed upon or distributed among district officers by the Constitution
or laws of this state, by the district charter or by its authority.
(4) Any reference to the executive officer of a metropolitan
service district in statutes of this state relating to elections or
government ethics shall be construed to include any district officer who
serves in an elective office and performs executive functions. Any
reference in a district charter to a district court judge may be
construed as referring to a judge of the circuit court.
(5) As used in this section, “legally called election” means an
election held on the same date as a primary election or general election
held throughout this state.
(6) Consistent with ORS 197.013, the land use planning authority
granted to a district under ORS chapter 268 is a matter of statewide
concern. Provisions of a district charter and implementing ordinances
adopted and effective on January 1, 1997, that establish procedural
requirements relating to the exercise of land use planning authority of
the district, including but not limited to requirements for local
government advisory committees, are supplementary to ORS 268.380,
268.385, 268.390 and ORS chapter 197. After January 1, 1997, no person
may commence or maintain an action to challenge the validity of such
district charter provisions or implementing ordinances on the basis of
inconsistency or conflict with the procedural requirements of ORS
268.380, 268.385 or 268.390 or the procedural requirements of ORS chapter
197 existing on January 1, 1997.
(7) If a district charter is repealed, the provisions of the
charter providing for district officers, their powers and duties and the
election of such officers shall continue in effect until the Legislative
Assembly provides by law for the restructuring or dissolution of the
Note: 268.710 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 further
explanation.PENALTIES (1) Violation of any ordinance,
rule or regulation adopted by a district shall be punishable by a fine of
not more than $500 or by imprisonment in a county jail for not more than
30 days or by both.
(2) Any penalty for such a violation may be imposed or enforced by
the district in the circuit court of the state for the county where the
violation takes place. [1969 c.700 §25]
_______________CHAPTER 269 [Reserved for expansion]
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