2007 Oregon Code - Chapter 268 :: Chapter 268 - Metropolitan Service Districts
Chapter 268 —
Metropolitan Service Districts
2007 EDITION
METROPOLITAN SERVICE DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
GENERAL PROVISIONS
268.010Â Â Â Â Short
title
268.020Â Â Â Â Definitions
268.030Â Â Â Â Purpose
of chapter; limitation on number of districts; purpose of districts
268.040Â Â Â Â Exemption
from public utility regulation
268.060Â Â Â Â Costs
of elections
EMPLOYEE RIGHTS AND BENEFITS
268.220Â Â Â Â EmployeesÂ’
rights when district assumes a function of another public corporation, city or
county
268.230Â Â Â Â District
to protect employeesÂ’ rights when an operating public transportation system is
acquired
268.240Â Â Â Â PERS
membership for specified classes of district employees; conditions
POWERS
268.300Â Â Â Â Existence,
status and general powers of district
268.310Â Â Â Â Powers
of district
268.315Â Â Â Â Authority
of district to levy ad valorem tax
268.317Â Â Â Â Solid
and liquid waste disposal powers
268.318Â Â Â Â District
approval required for disposal, transfer or resource recovery site or facility;
criteria
268.319Â Â Â Â Reuse
and recycling of electronic products
268.320Â Â Â Â Elector
approval of district actions
268.330Â Â Â Â Powers
when providing local aspects of service; powers for public transportation; tax
refunds
268.340Â Â Â Â Acquisition
of property; condemnation procedure; authority to lease and dispose of property;
right of entry to survey lands
268.343Â Â Â Â Validation
of certain easements acquired by district
268.345Â Â Â Â Limitation
on condemnation power for certain facilities
268.347Â Â Â Â Boundary
change within district and certain urban reserves; filing boundary change with
county assessor and Department of Revenue
268.351Â Â Â Â Definitions
for ORS 268.347 and 268.354
268.354Â Â Â Â Boundary
change procedures; standards
268.357Â Â Â Â Authority
to sell certain information; marketing agreements; confidentiality
268.360Â Â Â Â Authority
to exercise police power; ordinances; effective dates; enforcement
268.370Â Â Â Â Authority
to take over transit system of mass transit district; effect of transfer order
268.380Â Â Â Â Land-use
planning goals and activities; coordination; review of local plans
268.385Â Â Â Â District
as regional planning coordinator
268.390Â Â Â Â Planning
for activities and areas with metropolitan impact; review of comprehensive
plans; urban growth boundary; regional framework plans
268.393Â Â Â Â Land
use planning ordinance; notice to local governments and landowners
FINANCES
268.500Â Â Â Â Levy,
collection, enforcement of ad valorem taxes; limitation; classification of
property
268.503Â Â Â Â Vehicle
registration fees
268.505Â Â Â Â Income
tax; rate limitation; elector approval required
268.507Â Â Â Â Excise
taxes
GENERAL OBLIGATION BONDS
268.520Â Â Â Â Authority
to issue and sell general obligation bonds
268.525Â Â Â Â Refunding
bonds
268.530Â Â Â Â Bond
elections
REVENUE BONDS
268.590Â Â Â Â Credit
enhancement of district bonds and other obligations
268.600Â Â Â Â Issuance
of revenue bonds; use of proceeds; status of bonds
268.610Â Â Â Â Ordinance
authorizing revenue bonds; content; special trust funds; trustees; enforcement
268.620Â Â Â Â Form
and content of bonds
268.630Â Â Â Â Borrowing
in anticipation of bond sale; bond anticipation notes; content; sale of notes
268.640Â Â Â Â
268.650Â Â Â Â Bonds
as obligation of a political subdivision
268.660Â Â Â Â Effect
of ORS 268.600 to 268.660
DISTRICT CHARTER
268.710Â Â Â Â Electors
of county may adopt, amend, revise or repeal district charter; limitation on
certain actions
PENALTIES
268.990Â Â Â Â 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
     (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
EmployeesÂ’ 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 employeesÂ’ 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
districtÂ’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 districtÂ’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 districtÂ’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
     (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 districtÂ’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 districtÂ’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 districtÂ’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)
     (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:
______________________________________________________________________________
     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]
     268.395 [1985 c.785 §2; repealed by 1997 c.516 §15
and 1997 c.833 §27]
     268.400 [1985 c.785 §3; repealed by 1997 c.516 §15
and 1997 c.833 §27]
     268.460 [1981 c.641 §2; repealed by 1997 c.833 §27]
     268.465 [1981 c.641 §3; repealed by 1997 c.833 §27]
     268.470 [1981 c.641 §4; repealed by 1997 c.833 §27]
     268.475 [1981 c.641 §5; repealed by 1997 c.833 §27]
     268.480 [1981 c.641 §6; repealed by 1997 c.833 §27]
     268.485 [1981 c.641 §7; repealed by 1997 c.833 §27]
     268.490 [1981 c.641 §8; repealed by 1997 c.833 §27]
     268.495 [1981 c.353 §2; 1983 c.740 §70; repealed by
1995 c.333 §37]
FINANCES
     268.500
Levy, collection, enforcement of ad valorem taxes; limitation; classification
of property. (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]
     268.503
Vehicle registration fees.
Subject to ORS 801.040, 801.041, 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]
     268.505
Income tax; rate limitation; elector approval required. (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]
     268.507
Excise taxes. Subject to the
provisions of a district charter, a district may by ordinance impose excise
taxes on any person using the facilities, equipment, systems, functions,
services or improvements owned, operated, franchised or provided by the
district. [1989 c.332 §§3,4; 1997 c.833 §18]
     268.509 [1989 c.332 §2; repealed by 1997 c.833 §27]
     268.510 [1969 c.700 §18; repealed by 1981 c.641 §9]
     268.512 [1977 c.665 §23a; repealed by 1997 c.833 §27]
     268.513 [1977 c.665 §16; 1979 c.804 §10; 1981 c.353 §5;
1985 c.210 §1; 1989 c.327 §2; repealed by 1997 c.833 §27]
     268.514 [1989 c.327 §1; repealed by 1997 c.833 §27]
     268.515 [Formerly 268.540; repealed by 1997 c.833 §27]
     268.517 [1977 c.665 §15; repealed by 1997 c.833 §27]
GENERAL
OBLIGATION BONDS
     268.520
Authority to issue and sell general obligation bonds. (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
issued as prescribed in ORS chapter 287A. [1969 c.700 §19; 1977 c.782 §7; 1983
c.347 §21; 1991 c.459 §370; 2007 c.783 §87]
     268.525
Refunding bonds. Refunding
bonds of the same character and tenor as those replaced thereby may be issued
pursuant to a resolution adopted by the district governing body without
submitting to the electors the question of authorizing the issuance of the
bonds. [1969 c.700 §19a]
     268.530
Bond elections. Elections
for the purpose of voting on the question of borrowing funds by issuance and
sale of general obligation bonds shall be called by the governing body. [1969
c.700 §20; 1971 c.647 §63a; 1977 c.782 §8]
     268.540 [1969 c.700 §§16,21,22; 1977 c.95 §5;
renumbered 268.515]
REVENUE BONDS
     268.590
Credit enhancement of district bonds and other obligations. (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
districtÂ’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 districtÂ’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 districtÂ’s obligations under or with respect to the related
credit enhancement device or credit enhancement agreement all or any portion of
the districtÂ’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 districtÂ’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]
     268.600
Issuance of revenue bonds; use of proceeds; status of bonds. For the purpose of carrying into effect all
or any of the powers granted to metropolitan service districts, a district may
from time to time issue and sell revenue bonds without the necessity of the
electors of a district authorizing the bonds. Proceeds from the sale of such
bonds may be used to cover the costs incurred in issuing such bonds, and
preliminary 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]
     268.610
Ordinance authorizing revenue bonds; content; special trust funds; trustees;
enforcement. (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
     (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 districtÂ’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]
     268.620
Form and content of bonds.
The revenue bonds authorized by ORS 268.600 to 268.660 shall be issued as
prescribed in ORS chapter 287A. [1977 c.95 §11; 1987 c.623 §3; 1997 c.171 §6;
2007 c.783 §88]
     268.630
Borrowing in anticipation of bond sale; bond anticipation notes; content; sale
of notes. (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]
     268.640
     268.650
Bonds as obligation of a political subdivision. Revenue bonds, including refunding revenue
bonds and bond anticipation notes issued under ORS 268.600 to 268.660, shall be
considered to be bonds or obligations of a political subdivision of the State
of
     268.660
Effect of ORS 268.600 to 268.660. ORS 268.600 to 268.660 are additional, alternative and supplemental
authority for a district and shall not abrogate any power, right or authority
otherwise granted by law to a district. [1977 c.95 §15]
     268.700 [1969 c.700 §29; repealed by 1971 c.727 §203]
DISTRICT
CHARTER
     268.710
Electors of county may adopt, amend, revise or repeal district charter; limitation
on certain actions. (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 district. [1991 c.72 §1; 1995 c.712 §102; 1997 c.833 §19]
     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.
     268.715 [1991 c.72 §2; repealed by 1997 c.833 §27]
     268.720 [1991 c.72 §3; repealed by 1997 c.833 §27]
     268.725 [1991 c.72 §4; repealed by 1997 c.833 §27]
     268.730 [1991 c.72 §5; repealed by 1997 c.833 §27]
     268.735 [1991 c.72 §8; repealed by 1997 c.833 §27]
     268.740 [1991 c.72 §7; repealed by 1997 c.833 §27]
PENALTIES
     268.990
Penalties; jurisdiction. (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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