Metropolitan Service Districts
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 (Purpose of chapter), 268.300 (Existence, status and general powers of district), 268.310 (Powers of district), 268.317 (Solid and liquid waste disposal powers), 268.318 (District approval required for disposal, transfer or resource recovery site or facility), 268.320 (Elector approval of district actions), 268.330 (Powers when providing local aspects of service), 268.340 (Acquisition of property), 268.345 (Limitation on condemnation power for certain facilities), 268.357 (Authority to sell certain information), 268.360 (Authority to exercise police power), 268.370 (Authority to take over transit system of mass transit district), 268.500 (Levy, collection, enforcement of ad valorem taxes), 268.505 (Income tax), 268.507 (Excise taxes), 268.520 (Authority to issue and sell general obligation bonds), 268.525 (Refunding bonds), 268.530 (Bond elections), 268.590 (Credit enhancement of district bonds and other obligations), 268.600 (Issuance of revenue bonds) to 268.660 (Effect of ORS 268.600 to 268.660) and 268.990 (Penalties). 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 (Implementation and enforcement are of statewide concern), 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 (Land-use planning goals and activities), 268.385 (District as regional planning coordinator), 268.390 (Planning for activities and areas with metropolitan impact) 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 (Land-use planning goals and activities), 268.385 (District as regional planning coordinator) or 268.390 (Planning for activities and areas with metropolitan impact) 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]
Notes of Decisions
Limitation of chapter applicability to statutorily defined area within boundaries of Clackamas, Multnomah and Washington counties and preclusion of formation of additional metropolitan service districts in state, did not create corporation by special law in violation of Const. Art. XI sec 2. Reilley v. Secretary of State, 288 Or 573, 607 P2d 162 (1980)
Atty. Gen. Opinions
Authority of district to borrow waste disposal planning funds from Environmental Quality Commission, (1972) Vol 35, p 1117; Motor Vehicle Emission Control Inspection Program funding, (1974) Vol 37, p 130
Law Review Citations
51 OLR 53 (1971); 93 OLR 455 (2014)