ORS Chapter 268

Chapter 268 — MetropolitanService Districts

 

2009 EDITION

 

METROPOLITANSERVICE DISTRICTS

 

PUBLICORGANIZATIONS FOR COMMUNITY SERVICE

 

GENERALPROVISIONS

 

268.010     Shorttitle

 

268.020     Definitions

 

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

 

268.040     Exemptionfrom public utility regulation

 

268.060     Costsof elections

 

EMPLOYEERIGHTS AND BENEFITS

 

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

 

268.230     Districtto protect employees’ rights when an operating public transportation system isacquired

 

268.240     PERSmembership for specified classes of district employees; conditions

 

POWERS

 

268.300     Existence,status and general powers of district

 

268.310     Powersof district

 

268.315     Authorityof district to levy ad valorem tax

 

268.317     Solidand liquid waste disposal powers

 

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

 

268.319     Reuseand recycling of electronic products

 

268.320     Electorapproval of district actions

 

268.330     Powerswhen providing local aspects of service; powers for public transportation; taxrefunds

 

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

 

268.343     Validationof certain easements acquired by district

 

268.345     Limitationon condemnation power for certain facilities

 

268.347     Boundarychange within district and urban reserves; filing boundary change with countyassessor and Department of Revenue

 

268.351     Definitionsfor ORS 268.347 and 268.354

 

268.354     Boundarychange procedures; standards

 

268.357     Authorityto sell certain information; marketing agreements; confidentiality

 

268.360     Authorityto exercise police power; ordinances; effective dates; enforcement

 

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

 

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

 

268.385     Districtas regional planning coordinator

 

268.390     Planningfor activities and areas with metropolitan impact; review of comprehensiveplans; urban growth boundary; regional framework plans

 

268.393     Landuse planning ordinance; notice to local governments and landowners

 

FINANCES

 

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

 

268.503     Vehicleregistration fees

 

268.505     Incometax; rate limitation; elector approval required

 

268.507     Excisetaxes

 

GENERALOBLIGATION BONDS

 

268.520     Authorityto issue and sell general obligation bonds

 

268.525     Refundingbonds

 

268.530     Bondelections

 

REVENUEBONDS

 

268.590     Creditenhancement of district bonds and other obligations

 

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

 

268.610     Ordinanceauthorizing revenue bonds; content; special trust funds; trustees; enforcement

 

268.620     Formand content of bonds

 

268.630     Borrowingin anticipation of bond sale; bond anticipation notes; content; sale of notes

 

268.640     Saleof revenue bonds

 

268.650     Bondsas obligation of a political subdivision

 

268.660     Effectof ORS 268.600 to 268.660

 

DISTRICTCHARTER

 

268.710     Electorsof county may adopt, amend, revise or repeal district charter; limitation oncertain actions

 

PENALTIES

 

268.990     Penalties;jurisdiction

 

GENERALPROVISIONS

 

      268.010Short title.This chapter may be referred to as the Metropolitan Service District Act of1997. [1969 c.700 §1; 1997 c.833 §3]

 

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

 

      268.020Definitions.As used in this chapter:

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

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

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

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

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

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

      (7)“Regional framework plan” means the Metro regional framework plan defined inORS 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]

 

      268.030Purpose of chapter; limitation on number of districts; purpose of districts. (1) Thischapter is enacted in order to provide a method of making available inmetropolitan areas public services not adequately available through previouslyauthorized governmental agencies.

      (2)To this end not more than one district may be established under this chapter inany 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 metropolitansignificance. [1969 c.700 §3; 1975 c.510 §1; 1977 c.95 §16; 1977 c.665 §3; 1977c.782 §3; 1997 c.833 §5]

 

      268.040Exemption from public utility regulation. Transportation facilitiesoperated by a district, including the rates and charges made by the districtand the equipment operated by the district, and transportation facilitiesoperated for a district by a private operator pursuant to a contract betweenthe operator and the district, including the rates and charges made by theoperator pursuant to the contract, and the equipment operated pursuant to thecontract, shall not be subject to the laws of this state regulating publicutilities, including those laws administered by the Public Utility Commissionof 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]

 

      268.060Costs of elections.(1) The cost of elections to nominate or elect elected officials of thedistrict shall be paid by the district.

      (2)When a district election is held on a district measure, the election shall beconducted 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 and268.312 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]

 

EMPLOYEERIGHTS AND BENEFITS

 

      268.220Employees’ 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 employevery person who, on the date the district takes over a function of a publiccorporation, city or county in the district, is employed by the corporation,city or county to carry on the function. Where the district employs such aperson, the employee shall remain an employee of the corporation, city orcounty for purposes of any pension or retirement plan the employee has beenincluded in by the corporation, city or county and shall continue to haverights and benefits thereunder as if the person had remained an employee of thecorporation, city or county, until the district provides a similar plan for itsemployees and the employee is included in the plan. Until the employee is soincluded, the district shall deduct from the compensation of the employee theamount the employee is required to pay under the plan of the corporation, cityor county; shall pay that amount to the corporation, city or county, whichshall credit the amount to the employee under the plan; and shall make whateverpayments the plan calls for the employer to make. [1969 c.700 §30]

 

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

 

      268.230District to protect employees’ rights when an operating public transportationsystem is acquired.When the district acquires an operating public transportation system, it shallmake fair and equitable arrangements to protect the interests of employees andretired employees of the system. Such protective arrangements shall include,but shall not be limited to:

      (1)Preservation of rights, privileges and benefits, including continuation ofpension rights and payment of benefits, existing under collective bargainingagreements, or otherwise;

      (2)Continuation of collective bargaining rights;

      (3)Protection of individual employees against a worsening of their positions withrespect to their employment; and

      (4)Assurance of employment to persons employed by the mass transportation systemacquired and priority of reemployment to persons previously employed. [1969c.700 §29a]

 

      268.240PERS membership for specified classes of district employees; conditions. (1) A districtthat is not participating in the Public Employees Retirement System may, byapplication to the board, include any class of employees of the district in thesystem established by ORS chapters 238 and 238A without entering into a contractof integration with the board under ORS 238.680.

      (2)The board shall consider an application received under this section to be anapplication to become a participating employer under ORS chapters 238 and 238Abut only to the extent of providing membership for the class of employeesdescribed in the application.

      (3)The board, upon such terms as are set forth in a contract between the board andthe employer, shall allow every employee in the specified class to becomemembers of the Public Employees Retirement System in accordance with ORSchapters 238 and 238A.

      (4)When a district enters into a contract with the board under subsection (3) ofthis section, the district shall agree to eventually extend coverage under ORSchapters 238 and 238A to all eligible district employees through successivecontracts with the board.

      (5)All employees who have completed the period of service with the public employerthat is required under ORS 238.015, 238A.100 or 238A.300 shall become membersof the system on a date specified by the board. All other employees in thedescribed class shall become members upon completion of the required period ofservice.

      (6)As used in this section, “board” means the Public Employees Retirement Boardestablished under ORS 238.630. [1989 c.879 §2; 2003 c.733 §72]

 

POWERS

 

      268.300Existence, status and general powers of district. (1) Ametropolitan service district has full power to carry out the objectives of itsformation and the functions authorized pursuant to its charter and to that endmay have and use a seal, have perpetual succession, sue and be sued in its ownname, and enter into contracts.