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.