ORS 267.260
Withdrawal ordinance

  • effective date
  • adjustment in district tax rate as result of withdrawal

(1)

As used in this section, “withdrawal date” means the effective date of an ordinance approving withdrawal of an affected area under ORS 267.250 (Definitions for ORS 267.250 to 267.263) to 267.263 (Withdrawal of territory not subject to boundary commission review).

(2)

An ordinance approving the withdrawal of an affected area under ORS 267.250 (Definitions for ORS 267.250 to 267.263) to 267.263 (Withdrawal of territory not subject to boundary commission review) shall take effect on the first day of January next following the date which is 30 days after the adoption of the ordinance.

(3)

Commencing immediately upon the withdrawal date and notwithstanding any other provision of law, the rate of each tax imposed by the district shall automatically be increased to a rate equal to the rate determined by dividing the rate at which such tax was levied immediately prior to the withdrawal date by a fraction, not more than one, which is equal to the total revenue derived from such tax by the district for the calendar year preceding the year in which the withdrawal ordinance is adopted attributable to the area of the district other than the withdrawn affected area divided by the total revenue derived from such tax by the district for the same period.

(4)

If the tax rates required under subsection (3) of this section do not produce tax revenues sufficient to enable the district to make the annual or semiannual payments, when due, and otherwise satisfy the requirements of the bonded or other indebtedness of the district incurred prior to the withdrawal, the district may increase the rate of each tax to a rate that produces revenues sufficient to enable the district to make the annual or semiannual payments, when due, and otherwise satisfy the requirements of such indebtedness.

(5)

The district board shall determine rates in accordance with the formula prescribed by subsection (3) of this section and adopt the rates as part of the ordinance approving the withdrawal of the affected area. Any such determination and adoption shall be final and conclusive unless it is shown to be arbitrary and capricious.

(6)

If a district adopts an ordinance that increases the rate of an excise tax described in ORS 267.385 (Employer payroll tax), the increase shall be adjusted as prescribed in subsection (3) of this section to take into account the withdrawal of an affected area that occurred or occurs at any time after the date the district first imposed any taxes pursuant to ORS 267.385 (Employer payroll tax). [1987 c.799 §6; 2003 c.739 §10]

Source: Section 267.260 — Withdrawal ordinance; effective date; adjustment in district tax rate as result of withdrawal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors267.­html.

267.001
Authority of certain mass transit and transportation districts to impose vehicle registration fees
267.010
Definitions for ORS 267.010 to 267.394
267.020
Transfer of transit system to metropolitan service district
267.030
Use of alternative fuels for certain district vehicles
267.080
Creation of district
267.085
Resolution to form district
267.090
Directors
267.095
Terms of directors first appointed
267.097
Governor to solicit recommendations for director in metropolitan statistical area with population over 400,000
267.107
Resolution to create certain districts
267.108
Appointment of directors
267.114
Minimum area of district
267.120
Officers of board
267.125
Meetings of board
267.130
Additional compensation prohibited
267.135
General manager
267.140
Duties of general manager
267.145
General manager’s attendance at board meetings
267.150
Ordinances
267.153
Administrative process for adjudicating ordinance violations
267.154
Collection of data relating to administrative process for adjudicating ordinance violations
267.170
Initiative and referendum
267.200
Existence, status and general powers of districts
267.203
Authority to enter into transaction for electricity or diesel fuel
267.205
Classification and designation of service areas
267.207
Change of district boundaries
267.208
Effective date of change of boundaries
267.210
Preparation of general plan for mass transit system
267.218
Feasibility reports and public bidding not required for construction and improvement projects costing less than $50,000
267.225
Intergovernmental agreements
267.227
Relationship with Oregon Mass Transportation Financing Authority
267.230
Exemption from public utility or railroad regulation
267.235
Protection of employees’ rights when an operating transportation system is acquired
267.237
Criminal records check
267.240
Accessibility of facilities and equipment to elderly persons and persons who have disabilities
267.245
District exempt from right of way fencing requirements
267.247
Acquisition of district lands by adverse possession or operation of statute of limitations prohibited
267.250
Definitions for ORS 267.250 to 267.263
267.253
Petition for withdrawal from district
267.255
Hearing on petition
267.257
Study of area proposed to be withdrawn
267.260
Withdrawal ordinance
267.263
Withdrawal of territory not subject to boundary commission review
267.265
Use of moneys derived from withdrawal of territory from district
267.300
Authority of district to finance system
267.302
Restrictions on financing for districts formed under ORS 267.107
267.305
Levy, collection, enforcement of ad valorem taxes
267.310
Revolving fund
267.320
User charges, fees and tolls
267.325
Lease purchase agreements
267.330
General obligation bonds
267.334
Electoral approval for issuance of general obligation bonds by Tri-Met to fund extension of light rail
267.335
Authority to issue revenue bonds
267.340
Refunding bonds
267.345
Issuance of bonds
267.360
Business, trade, occupational and professional licenses and fees
267.370
District taxing authority
267.380
Definitions for ORS 267.380 and 267.385
267.385
Employer payroll tax
267.387
Restrictions on increase in payroll tax
267.390
Acceptance of funds from United States
267.394
Investment of certain funds held by TriMet
267.400
Authority to issue short-term obligations
267.410
Certain districts authorized to impose employer payroll tax on state agencies and political subdivisions
267.420
Employer payroll tax on State of Oregon and political subdivisions
267.430
Certain state agencies exempt from employer payroll tax
267.480
TriMet Crash Advisory Committee
267.510
Definitions for ORS 267.510 to 267.650
267.515
Application of ORS chapter 255 to district
267.517
Use of alternative fuels for certain district vehicles
267.520
Method of forming district
267.530
Establishment of permanent tax rate limit at time of formation
267.540
Governing body
267.550
Status of district
267.560
General powers
267.570
Powers relating to public transportation
267.575
Preparation of public transit system plan
267.580
Employees
267.590
Interagency agreements
267.612
Acquisition of district lands by adverse possession or operation of statute of limitations prohibited
267.615
Financing methods
267.620
Power to levy taxes
267.622
Filing boundary change with county assessor and Department of Revenue
267.630
Issuance and sale of bonds
267.640
Refunding bonds
267.650
Finance elections
267.990
Penalties
Green check means up to date. Up to date