2011 ORS § 838.010¹
Establishing district
  • election
  • tax rate limit
  • prerequisite for inclusion of county
  • prerequisite for inclusion of airport owned by city

(1) In addition to initiatory action authorized by ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets), proceedings to establish a district may be initiated by:

(a) A resolution adopted by the governing body of the most populous county in the proposed district and filed with the governing body of the principal county in the proposed district, petitioning that body to call the election; or

(b) A resolution adopted by the governing body of any city owning an airport within the proposed district and filed with the governing body of the principal county in the proposed district, petitioning that body to call an election.

(2) The petition or resolution initiating formation may request that the election to establish the district be held at the same time as an election to establish a permanent rate limit on operating taxes within the meaning of section 11 (3)(c), Article XI of the Oregon Constitution. If the petition or resolution does so, the election shall be held at that time and shall also request that the proposition to be voted on include a proposed permanent rate limit for operating taxes for the district within the meaning of section 11 (3), Article XI of the Oregon Constitution. If the petition or resolution does so, the proposition to be voted on at the election shall include a proposed permanent rate limit for the district, in accordance with the petition or resolution.

(3) After initiatory action has been taken pursuant to this section, airport district formation shall be conducted and completed as provided by ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets) except that where areas from more than one county are proposed to be included in the district, the election for district board members may be held at a date later than the election for formation, if successful. The later election for board members may also propose establishment of a district permanent rate limit for operating taxes.

(4) No county or portion thereof shall be included within a district unless a majority of the electors in the county approve the inclusion of such county or portion thereof within the district.

(5) No district shall include an airport owned by a city unless the governing body of such city has adopted a resolution approving the inclusion of the airport within such district or a majority of the electors within the city voting on the proposal approve the inclusion of the airport. [Formerly 494.020 [bad link]; 1997 c.541 §387]