ORS 267.257¹
Study of area proposed to be withdrawn
  • approval or denial of withdrawal
  • judicial review

(1) After receiving certification by a county clerk under ORS 267.255 (Hearing on petition) of a petition for withdrawal filed under ORS 267.253 (Petition for withdrawal from district), the district board shall conduct a study of the affected area described in the petition. The district board may also conduct an overall study of several affected areas. The study shall consider:

(a) The extent to which residents of the affected area currently use the mass transit services and facilities of the district;

(b) The amount of district revenues raised within the affected area during the last three completed fiscal years of the district, separately identifying the amount of revenues derived from taxes imposed by the district and the amount of revenues derived from other sources;

(c) The history of the mass transit services provided to the affected area;

(d) Whether or when direct service will be provided to the affected area;

(e) The number of previous petitions filed under ORS 267.253 (Petition for withdrawal from district) with respect to the affected area or portions thereof; and

(f) The effect of withdrawal of the affected area on the district, including the extent to which taxes imposed by the district in the remaining portions of the district will be increased under ORS 267.260 (Withdrawal ordinance) as a result of the withdrawal of the affected area.

(2) After completion of the study conducted under subsection (1) of this section and the public hearing required under ORS 267.255 (Hearing on petition), but not later than the December 31 next following the date on which the petition was filed with the district board, the district board shall adopt an ordinance withdrawing the affected area from the district or shall adopt a resolution denying the petition for withdrawal.

(3) Notwithstanding ORS 267.207 (Change of district boundaries) (3)(b), the district board shall approve withdrawal if:

(a) The district board finds that the use of the mass transit system of the district by residents of the affected area is less than or equal to 30 percent of the system-wide average weekday boarding rides per vehicle hour;

(b) The district board determines that direct service to the affected area is not planned for at least five years;

(c) The residents and businesses within the affected area have demonstrated that district fees and taxes have adversely affected employment, population or commercial activity within the affected area; and

(d) The district board has not received a petition signed by not less than 15 percent of the electors within the affected area seeking continuation of the district’s jurisdiction over the affected area.

(4) Notwithstanding ORS 267.207 (Change of district boundaries) (3)(b), the district board may withdraw the affected area from the district when the conditions of subsection (3) of this section are not satisfied if the board considers such withdrawal to be in the best interests of the district and the affected area.

(5) Any decision of the district board relating to 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) may be reviewed by a circuit court under ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [1987 c.799 §5]

Atty. Gen. Opinions

Authority of mass transit district’s district board to refer ordinance to voters, (1979) Vol 40, p 167

1 Legislative Counsel Committee, CHAPTER 267—Mass Transit Districts; Transportation Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors267.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 267, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano267.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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