US Laws, Codes, Statutes & Cases

Chapter 268 — Metropolitan Service Districts

 

2007 EDITION

 

METROPOLITAN SERVICE DISTRICTS

 

PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE

 

GENERAL PROVISIONS

 

268.010     Short title

 

268.020     Definitions

 

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

 

268.040     Exemption from public utility regulation

 

268.060     Costs of elections

 

EMPLOYEE RIGHTS AND BENEFITS

 

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

 

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

 

268.240     PERS membership for specified classes of district employees; conditions

 

POWERS

 

268.300     Existence, status and general powers of district

 

268.310     Powers of district

 

268.315     Authority of district to levy ad valorem tax

 

268.317     Solid and liquid waste disposal powers

 

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

 

268.319     Reuse and recycling of electronic products

 

268.320     Elector approval of district actions

 

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

 

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

 

268.343     Validation of certain easements acquired by district

 

268.345     Limitation on condemnation power for certain facilities

 

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

 

268.351     Definitions for ORS 268.347 and 268.354

 

268.354     Boundary change procedures; standards

 

268.357     Authority to sell certain information; marketing agreements; confidentiality

 

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

 

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

 

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

 

268.385     District as regional planning coordinator

 

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

 

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

 

FINANCES

 

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

 

268.503     Vehicle registration fees

 

268.505     Income tax; rate limitation; elector approval required

 

268.507     Excise taxes

 

GENERAL OBLIGATION BONDS

 

268.520     Authority to issue and sell general obligation bonds

 

268.525     Refunding bonds

 

268.530     Bond elections

 

REVENUE BONDS

 

268.590     Credit enhancement of district bonds and other obligations

 

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

 

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

 

268.620     Form and content of bonds

 

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

 

268.640     Sale of revenue bonds

 

268.650     Bonds as obligation of a political subdivision

 

268.660     Effect of ORS 268.600 to 268.660

 

DISTRICT CHARTER

 

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

 

PENALTIES

 

268.990     Penalties; jurisdiction

 

GENERAL PROVISIONS

 

      268.010 Short title. This chapter may be referred to as the Metropolitan Service District Act of 1997. [1969 c.700 §1; 1997 c.833 §3]

 

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

 

      268.020 Definitions. As used in this chapter:

      (1) “District” means a metropolitan service district established under this chapter.

      (2) “District charter” means a home rule charter enacted by the electors of a district under section 14, Article XI, Oregon Constitution.

      (3) “Metropolitan area” means that area which on October 4, 1997, lies within the boundaries of Clackamas, Multnomah and Washington Counties.

      (4) “Improvement” means the facilities and other property constructed, erected or acquired by and to be used in the performance of services authorized to be performed by a district.

      (5) “Metropolitan significance” means having major or significant district-wide impact.

      (6) “Person” means a public body as defined in ORS 174.109, individual, corporation, partnership, association, firm, trust, estate or any other legal entity.

      (7) “Regional framework plan” means the Metro regional framework plan defined in ORS 197.015 and any district ordinances that implement the plan. [1969 c.700 §2; 1977 c.665 §2; 1979 c.531 §3; 1987 c.349 §1; 1997 c.833 §4; 2003 c.802 §97]

 

      268.030 Purpose of chapter; limitation on number of districts; purpose of districts. (1) 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.

      (2) To this end not more than one district may be established under this chapter in any metropolitan area.

      (3) Subject to the provisions of a district charter, a district, where formed, shall provide for those aspects of land use planning having metropolitan significance. [1969 c.700 §3; 1975 c.510 §1; 1977 c.95 §16; 1977 c.665 §3; 1977 c.782 §3; 1997 c.833 §5]

 

      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 contract, and the equipment operated pursuant to the contract, shall not be subject to the laws of this state regulating public utilities, including those laws administered by the Public Utility Commission of Oregon. [1969 c.700 §31]

 

      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. (1) The cost of elections to nominate or elect elected officials of the district shall be paid by the district.

      (2) When a district election is held on a district measure, the election shall be conducted under ORS chapter 255. [1977 c.665 §6a (enacted in lieu of 268.200); 1997 c.833 §6]

 

      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 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]

 

      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:

      (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]

 

      268.240 PERS membership for specified classes of district employees; conditions. (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

 

      268.300 Existence, status and general powers of district. (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]

 

      268.310 Powers of district. 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]

 

      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]

 

      268.315 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 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.

 

      268.317 Solid and liquid waste disposal powers. 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]

 

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

 

      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 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.

 

      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. [1969 c.700 §11; 1977 c.95 §18; 1977 c.665 §11; 1997 c.516 §7; 1997 c.833 §10; 2005 c.22 §192; 2007 c.173 §4]

 

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

 

      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. (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]

 

      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. [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.

 

      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. [1977 c.782 §2]

 

      268.347 Boundary change within district and certain urban reserves; filing boundary change with county assessor and Department of Revenue. (1) 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 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; 2007 c.173 §1]

 

      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. [1997 c.516 §9; 2005 c.22 §194; 2007 c.173 §2]

 

      268.354 Boundary change procedures; standards. (1) 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.

      (2) For a boundary change that is subject to the jurisdiction of the district pursuant to ORS 268.347, the district shall:

      (a) Establish a uniform hearing and notification process.

      (b) Establish an expedited process for uncontested boundary changes.

      (c) Establish clear and objective criteria for a boundary change.

      (d) Ensure that a boundary change is in compliance with the Metro regional framework plan, as defined in ORS 197.015, and cooperative agreements and urban service agreements adopted pursuant to ORS chapter 195.

      (3) The role of a metropolitan service district in the boundary determination process shall be ministerial only.

      (4) Except as provided in this section and ORS 268.347 and 268.351, for a boundary change subject to the jurisdiction of the metropolitan service district:

      (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 to the boundaries of a district, including the boundaries of the metropolitan service district, shall be conducted as provided in ORS chapter 198; and

      (c) Notwithstanding contrary provisions regarding the party responsible for conducting hearings under ORS chapter 198, the metropolitan service district is the governing body responsible for conducting proceedings for a minor boundary change to the metropolitan service district. Proceedings for a minor boundary change 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; 2007 c.173 §3]

 

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

 

      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. 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]

 

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

 

      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 267.390, 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]

 

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

 

      268.385 District as regional planning coordinator. (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]

 

      268.390 Planning for activities and areas with metropolitan impact; review of comprehensive plans; urban growth boundary; regional framework plans. (1) 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:

      (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 adopted by the cities and counties within the district that 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 ensure that the plan and any actions taken under the plan substantially comply with 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 substantially 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) A process established by the district to enforce the requirements of this section must provide:

      (a) Notice of noncompliance to the city or county.

      (b) Opportunity for the city or county to be heard.

      (c) Entry of an order by the district explaining its findings, conclusions and enforcement remedies, if any.

      (7) Enforcement remedies ordered under subsection (6) of this section may include, but are not limited to:

      (a) Direct application of specified requirements of functional plans to land use decisions by the city or county;

      (b) Withholding by the district of discretionary funds from the city or county; and

      (c) Requesting an enforcement action pursuant to ORS 197.319 to 197.335 and withholding moneys pursuant to an enforcement order resulting from the enforcement action.

      (8) An order issued under subsection (6) of this section:

      (a) Must provide for relief from enforcement remedies upon action by the city or county that brings the comprehensive plan and implementing regulations into substantial compliance with the requirement.

      (b) Is subject to review under ORS 197.830 to 197.845 as a land use decision.

      (9) 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; 2007 c.176 §1]

 

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

______________________________________________________________________________