2017 ORS 268.354¹
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 (Boundary change within district and urban reserves).

(2) For a boundary change that is subject to the jurisdiction of the district pursuant to ORS 268.347 (Boundary change within district and urban reserves), the district shall:

(a) Establish a uniform hearing and notification process.

(b) Establish an expedited process for uncontested boundary changes.

(c) Establish clear and objective criteria for a boundary change.

(d) Ensure that a boundary change is in compliance with the Metro regional framework plan, as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), and cooperative agreements and urban service agreements adopted pursuant to ORS chapter 195.

(3) The role of a metropolitan service district in the boundary determination process shall be ministerial only.

(4) Except as provided in this section and ORS 268.347 (Boundary change within district and urban reserves) and 268.351 (Definitions for ORS 268.347 and 268.354), for a boundary change subject to the jurisdiction of the metropolitan service district:

(a) Proceedings for annexation of territory to a city and for all other changes in city boundaries shall be conducted as provided in ORS chapter 222.

(b) Proceedings for annexation of territory to a district, and for all other changes to the boundaries of a district, shall be conducted as provided in ORS chapter 198. Notwithstanding ORS 268.020 (Definitions), as used in this paragraph, “district” has the meaning given that term in ORS 268.351 (Definitions for ORS 268.347 and 268.354).

(c) Proceedings for annexation of territory to the metropolitan service district, including annexation of territory not within the urban growth boundary of the district, and for all other changes to the boundaries of the district shall be conducted as provided in ORS chapter 198.

(d) Notwithstanding contrary provisions regarding the party responsible for conducting hearings under ORS chapter 198, the metropolitan service district is the governing body responsible for conducting proceedings for a minor boundary change to the district. Except for a change to the district boundary by adoption of an urban growth boundary under ORS 268.390 (Planning for activities and areas with metropolitan impact), proceedings for a minor boundary change to the boundaries of a district shall be conducted as provided in ORS chapter 198. [1997 c.516 §10; 1999 c.282 §1; 2005 c.22 §195; 2007 c.173 §3; 2009 c.216 §2; 2011 c.26 §2]

Chapter 268

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)

1 Legislative Counsel Committee, CHAPTER 268—Metropolitan Service Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 268, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano268.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.