Chapter 268 — Chapter 268
96 sections in this chapter.
ORS 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]
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[Repealed or reserved.]
ORS 268.015 [1977 c.665 §1; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.020 Definitions. As used in this chapter
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(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 …
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 268.050 [1969 c.700 §28; 1981 c.173 §40; 1983 c.350 §129; 1989 c.328 §2; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 268.070 [1989 c.321 §7; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.100 [1969 c.700 §4; 1971 c.727 §97; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.110 [1969 c.700 §5(1),(2); repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 268.115 [1969 c.700 §5(3),(4); repealed by 1971 c.727 §191]
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[Repealed or reserved.]
ORS 268.120 [1969 c.700 §6; 1971 c.727 §99; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.125 [1977 c.665 §14; repealed by 1991 c.15 §8]
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[Repealed or reserved.]
ORS 268.130 [1969 c.700 §7; repealed by 1971 c.727 §191]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 268.160 [1977 c.665 §6 (enacted in lieu of 268.200); 1979 c.804 §8; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.170 [1977 c.665 §20; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 268.190 [1977 c.665 §8 (enacted in lieu of 268.200); 1987 c.349 §5; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 268.210 [1969 c.700 §27; 1987 c.349 §6; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.215 [1987 c.349 §4; repealed by 1997 c.833 §27]
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EMPLOYEE RIGHTS AND BENEFITS
ORS 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]
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[Repealed or reserved.]
ORS 268.225 [1979 c.804 §2; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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(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, u…
ORS 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
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(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]
ORS 268.310 Powers of district. Subject to the provisions of a district charter, a district may, to carry out the purposes of this chapter
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(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 t…
ORS 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]
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[Repealed or reserved.]
ORS 268.313 Acquisition or construction of major facility; conditions. Notwithstanding ORS 268.310 (4), a metropolitan service district that does not have a charter may not acquire or construct a major cultural, convention, exhibition, sports or entertainment facility unless
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(1) The financing of the acquisition or construction is approved by the electors of the district; or (2) The facility is acquired or constructed pursuant to an intergovernmental agreement under ORS 190.003 to 190.130. [2015 c.49 §3]
ORS 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]
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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.
ORS 268.317 Solid and liquid waste disposal powers. For purposes of solid and liquid waste disposal, a district may
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(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 authorize…
ORS 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 metropolitan service 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
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(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 o…
ORS 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]
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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.
ORS 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]
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[Repealed or reserved.]
ORS 268.330 Powers when providing local aspects of service; powers for public transportation; tax refunds. Subject to the provisions of a district charter
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(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 func…
ORS 268.335 [1977 c.665 §21; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 268.342 [1977 c.665 §23; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 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]
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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.
ORS 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]
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[Repealed or reserved.]
ORS 268.347 Boundary change within district and 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
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(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; 2009 c.216 §1]
ORS 268.350 [1969 c.700 §23; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.351 Definitions for ORS 268.347 and 268.354. (1) 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
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(2) For the purpose of applying the definitions of “major boundary change” and “minor boundary change” to ORS 268.347 and 268.354, “district,” as used in those definitions, means a: (a) Domestic water supply district organized under ORS chapter 264. (b) Park and recreation distri…
ORS 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
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(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 object…
ORS 268.355 [1979 c.804 §3; repealed by 1997 c.833 §27]
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[Repealed or reserved.]
ORS 268.356 Automatic annexation of land annexed by city within urban growth boundary. Notwithstanding the requirements for boundary changes under ORS 268.354 and ORS chapter 198, when a city within the urban growth boundary of a metropolitan service district annexes a territory under ORS chapter 222 and that territory is within the urban growth boundary of the district, the territory is annexed to the district without further proceedings. [2025 c.322 §2]
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[Repealed or reserved.]
ORS 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 192.355. 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]
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[Repealed or reserved.]
ORS 268.360 Authority to exercise police power; ordinances; effective dates; enforcement. Subject to the provisions of a district charter
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(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) Unl…
ORS 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 267.394, 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
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(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 t…