HomeMy WebLinkAboutAgenda Packet - 2009-02-09 Special2009 City Council
Jack Hoffman, Mayor
Donna Jordan, Council President
Roger Hennagin
Kristin Johnson
Mary Olson
Sally Moncrieff
Bill Tierney
CITY COUNCIL SPECIAL MEETING
AGENDA
Monday, February 9, 2009
5:00 p.m.
West End Building, Santiam Room
4101 Kruse Way
Also published on the internet at: ci.oswego.or.us
Contact: Robyn Christie, City Recorder
E -Mail: rchristie@ci.oswego.or.us
Phone: 503-675-3984
The meeting location is accessible to persons with disabilities. To request
accommodations, please contact Public Affairs at 503-635-0236, 48 hours before
the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. STUDY SESSION
3.1 Land Use 101 (includes brief overview of Comprehensive Plan,
Sensitive Lands, Tree Code, Annexation, and Stafford Basin/Urban
Growth Boundary)
4. ADJOURNMENT
CITY OF LAKE OSWEGO
COUNCIL REPORT
TO: Jack D. Hoffman, Mayor
Members of the City Council
Alex D. McIntyre, City Manager
FROM: Stephan A. Lashbrook, Assistant City Manager
SUBJECT: Study Session — Planning 101
DATE: February 2, 2009
ACTION
This report is intended for background information only. No Council action is required.
INTRODUCTION/BACKGROUND
Given that the Council's Goals for 2009 include numerous planning projects, this study
session has been scheduled to provide an overview of the City's planning program and
its relationship to Metro, state and federal requirements.
DISCUSSION
The staff has prepared the attached report to provide an introduction to the City's
planning program. It includes numerous attachments. Although the attachments all
provide some valuable background information, the initial attachment is intended to
guide the reader through all of the other attachments. Someone reading the initial
attachment, without reading the others, will still have a good introduction to the planning
issues facing the community.
ATTACHMENTS
1. Land Use Planning 101 (by City staff);
2. History of Oregon's Statewide Planning Program (by DLCD staff)
3. Summary of Oregon's Statewide Planning Goals
4. DLCD Administrative Rules
5. ORS Chapter 268 (Metropolitan Service Districts)
6. Metro Charter Summary (Metro website)
7. Metro Urban Growth Management Functional Plan Summary (Metro website)
Council Report
02/02/09
Page 2
Reviewed by:
Sustainability has been considered as part of this recommendation. L
4- �_
epartment Director
Finance Director
Land Use Planning -- 101
Ancient Origins
ATTACHMENT 1
The earliest city planning goes back to ancient times — and walled fortress communities.
They started with a focus on public safety -- protecting those inside the walls from those
outside. These communities had to have access to water and proximity to agricultural
land or other food sources. They were laid out for internal access (transportation
planning) and definite patterns of different kinds of land uses. They had to be "pedestrian
friendly" and efficient.
Through the middle ages the earliest city planners laid out "plats" of cities, reserving
rights-of-way and designating properties for public use (often controlled by the church).
Such concepts as private property and rudimentary zoning began to appear.
Industrial Age
The industrial age brought concerns about pollution, over -crowding, and the separation of
land uses. If you could afford to live somewhere away from a polluting factory, you
probably did so. This led to what has become known as Euclidian zoning — different areas
mapped for different uses, with relatively little overlap (industrial, commercial, low-
density residential, high-density residential, and public uses all separated from one
another). In some cases, this led to "exclusionary zoning," where certain classes or
colors of people were excluded from living in certain neighborhoods.
The 20th Century
Driven by the availability of cheap resources (oil, water, land, building materials,
electricity, etc.) relatively inefficient patterns of suburban development emerged. These
patterns were encouraged by all levels of government, in the interest of promoting what
was seen as the "American Dream" of individual home ownership. It was not regarded as
especially significant if people had to drive to get from home to work, to shopping, to
church, or even to schools. Gasoline was cheap and the use of personal cars was also part
of the "American Dream." The realization that land use planning and transportation
planning must go together did not seem to occur to most planners or developers until the
last 25 years.
Environmental Concerns
By 1970, a new focus on environmental issues emerged. Driven by concerns about
smog, water pollution, habitat destruction and the loss of agricultural land to
development, the public demanded a new set of regulations (Clean Air Act, National
Planning 101
Environmental Policy Act, Clean Water Act, Endangered Species Act, etc.). Oregon's
Statewide Planning program evolved at this same time.
Oregon's Statewide Planning System
Evolving from the adoption of Senate Bill 10 in 1969 to Senate Bill 100 in 1973, the
Oregon system was based on:
Bipartisan political support with strong public involvement and support at the
polls.
The protection of rural resource lands (based largely on soil types) from urban
lands — with a focus on concentrating development within urban growth
boundaries.
19 Statewide Planning Goals — the first 15 are applicable to Lake Oswego.
Every City and County in Oregon is required to adopt (and periodically review and
update) a Comprehensive Plan and implementing ordinances that comply with the
Statewide Goals. The State (DLCD/LCDC) reviews the plans, ordinances and
amendments to them. LCDC determined that Lake Oswego's original Comprehensive
Plan and Codes were in compliance with the Goals and other applicable laws and rules 25
years ago. The City is now starting the "periodic review" process.
Recent Trends in Planning
Over approximately the last 25 years, city planning has shifted in focus to mixing and
grouping different land uses for more efficiency. The terms "traditional neighborhood
design," "new urbanism," and "smart growth" have all emerged during this period. This
marks a significant change from an era where urban zoning was primarily intended to
separate different kinds of uses from one -another and personal automobiles were seen as
the only means of transportation worthy of public infrastructure investment.
Lake Oswego's Planning History
As noted above, Lake Oswego's Comprehensive Plan and implementing ordinances were
acknowledged by the State as meeting all legal requirements in 1984. In fact, the City's
planning history predates that by many years. Oswego (before the name was changed)
had zoning in effect since the 1920s. Local zoning ordinances underwent major changes
in 1947 and 1961, before the intense Comprehensive Planning effort of the 1970s to
comply with the Statewide Planning Goals. The background documents and studies
prepared in the 1970s did such a good job of evaluating the area's physical features that
they continue to be used more than 30 years later. Those studies formed the background
Planning 101
for zoning that still protects natural resources (sensitive lands) and limits development in
hazardous locations (steep slopes, floodplains, etc.).
The Role of Metro
The Portland area is unique in having a regional government with an elected governing
body. It is also unique that that body (the Metro Council) is responsible for establishing
the urban growth boundary for all 25 cities and 3 counties in the region. State law (ORS
268) grants Metro authority over regional planning coordination, air and water quality,
transportation planning, and urban growth boundaries (UGBs). Metro completed a broad
visioning process through the early 1990s that led to the adoption of the 2040 Growth
Concept. That document, and related map, remain the guiding influence on planning for
the growth of the region. The Metro Charter, approved originally in 1992 and amended
by the voters in 2000, provides more specific details. Metro has also adopted a Regional
Framework Plan which provides fairly general standards, and an Urban Growth
Management Functional Plan which contains 13 Titles (chapters) directing local planning
activities.
Metro is currently working with the three regional counties in an effort to establish urban
and rural reserves. The former seen as an additional ring for future urban development
outside of UGBs, with a planning horizon of 50 years. The latter intended to demark
rural areas where urban growth is not expected to encroach at any time in the next 50
years. After this Reserves Planning program, Metro will determine whether expansions
to the UGB are needed (based on regional growth over the prior five years) and, if so,
where the next round of UGB expansions will occur.
The Periodic Review Process
The laws, rules and standards affecting local planning evolve over time. Some statutory
changes are made with each legislative session. Demographics, economics and patterns
of development change over time. Case law also tends to modify prior interpretations.
All of these things help to explain why cities and counties need to periodically "reopen"
their plans and codes to make sure that they remain viable. In places where there have
not been significant community changes since the last update, these periodic review
processes lead to only minor amendments of plans and codes. In other cases, physical
changes to the community (or just changes in community values) lead to major changes
to plans or codes. At a minimum, all parts of Comprehensive Plans and implementing
Codes have to be evaluated against the standards set by Metro and the State.
House Bill 2229, implementing the recommendations of the Governor's Big Look Task
Force, may make significant changes to the statewide planning program. Lake Oswego
will have to comply with that statute in the periodic review process if it is adopted.
Planning 101
Lake Oswego's Planning Program
There are actually a number of different documents that support Lake Oswego's planning
program. At the core is the City Comprehensive Plan — a policy document with
individual chapters numbered to align with the Statewide Planning Goals. A number of
other plans have been adopted through the years to help implement different parts of the
Comprehensive Plan. These include master plans such as the Transportation Systems
Plan, Sanitary Sewer Master Plan, and the Parks and Recreation Comprehensive Plan.
Individual neighborhood plans also are intended to help implement the City
Comprehensive Plan. The City's implementing ordinances include the Community
Development Code (including zoning and development standards), the Tree Code, Solar
Access Code, Historic Preservation Code, and the Sign Code, among others.
Another important part of the local planning program is the capital improvement plan
(CIP). The CIP coordinates the various public facility master plans with the
Comprehensive Plan and the budget process and lists the public improvement projects
that are needed. There are, invariably, more projects listed in the CIP than there are
funds to complete them. Even when some of the projects listed in the CIP have to be
postponed until funding is available, the CIP process helps to inform the overall planning
program.
Planning 101
ATTACHMENT
History of Oregon's Statewide Planning Program
1899 Oregon legislature declares 30 miles of Oregon beach as a public highway
from the Columbia River to the south line of Clatsop County.
1918 City of Portland establishes Oregon's first land use ordinances.
1919 Oregon legislature permits cities to zone private land.
1913 Oregon legislature amends 1899 Act and declares all Oregon beaches as a
public highway.
1925 Oregon Supreme Court upholds city zoning in Kroner v. City of Portland.
1947 Oregon legislature permits counties to zone private land.
1955 Oregon legislature adopts comprehensive law to regulate subdivisions and
partitions of land.
1961 Oregon legislature provides for farm use property assessment for land
being farmed and zoned exclusively for farm use.
1963 Oregon legislature establishes the Exclusive Farm Use (EFU) zone (ORS
chapter 215 ) and the uses it allows.
1967 Oregon legislature passes the "Beach Bill," affirming the public's rights to
Oregon's dry -sand beaches.
1969 Oregon Supreme Court upholds constitutionality of the Beach Bill in
Thornton v. Hay.
1969 Oregon legislature adopts Senate Bill 10, which requires every city and
county in the state to have a comprehensive land use plan that meets state
standards. The law was weak, however, because it failed to establish an
effective enforcement mechanism or a program of technical assistance
from the state. Most cities and counties refuse to develop plans.
1971 Oregon legislature creates the Oregon Coastal Conservation and
Development Commission (OCC&DC) to address concerns in the context of
an overall plan for the Oregon coast. (The work of the commission became
the foundation for the creating of the coastal planning goals in 1976.)
1973 Governor Tom McCall makes famous speech to the legislature (audio file),
castigating "sagebrush subdivisions, coastal condomania, and the ravenous
rampages of suburbia." He requests legislation establishing a statewide
program for land use planning. Senator Hector MacPherson, a Republican
farmer from Linn County, and Senator Ted Hallock, a Democrat from
Portland, are the chief sponsors of what became Senate Bill 100. McCall
campaigns across the state, gaining public and media support to counter
the opposition.
1973-1979
1973 Oregon Supreme Court determines that certain land use decisions are the
exercise of "judicial," rather than "legislative" authority, and requires
certain procedural and substantive safeguards in Fasano v. Washington
County.
1973 On May 29, SB 100 is approved after much negotiation and compromise,
and is signed by Gov. McCall. The bill creates the Land Conservation and
Development Commission (LCDC) and the Department of Land
Conservation and Development (DLCD). Senate Bill 101 creates statewide
protections for farmland by further amendments to the EFU zone (ORS
215). LCDC's first major task is to adopt the Statewide Planning Goals to
govern the development of local comprehensive land use plans.
1973 In October, LCDC, appointed by Gov. McCall, holds its first meeting.
1974 Portland -area jurisdictions abandon the "Mt. Hood Freeway" idea and
instead decide to construct a light rail line along the Banfield (I-84). This
was a transformational event that marks the end of freeway construction
and the beginning of serious efforts to integrate land use and
transportation planning. At the time, it was a revolutionary change; it
adopted an entirely untried solution and led to subsequent efforts to use
transportation investments to achieve land use objectives, including
subsequent extensions of the Max light rail system in concert with land use
planning for development around station areas.
1974 On Dec. 27, LCDC adopts first 14 Statewide Planning Goals. (Newsprint
version )
1975 Oregon Supreme Court determines that the local comprehensive plan is the
controlling land use document and all other zoning and land use regulations
must be consistent with it (Baker v. City of Milwaukie).
1975 On Dec. 6, LCDC adopts Goal 15 (Willamette River Greenway).
1976 On Oct. 8, Medford and Central Point become the first cities to have LCDC
approve, or "acknowledge," their comprehensive plans.
1976 On Nov. 2, by a vote of 57% to 43%, the first ballot measure to repeal SB
100 and the Statewide Planning Program is defeated.
1976 On Dec. 18, LCDC adopts goals 16-19, protecting coastal resources. Those
goals became effective in 1977.
1977 On July 8, Gilliam County is the first county of have its comprehensive plan
acknowledged.
1978 On Nov. 7, another initiative to eliminate state oversight of local land use
plans is defeated (61%-39%).
1979 Portland -area voters create "Metro," the first elective metropolitan council
in the United States. Once again, Oregon is leading the nation in
progressive policies that look forward to future development.
1982 Despite a deep recession that is blamed on planning, the third effort to
repeal the SB 100 is defeated (55%-45%). The following year, the
legislature creates a process for the "periodic review" and update of local
land use plans.
1983 Oregon legislature adopts major reforms to Oregon Land Use Law (ORS
chapters 197 and 215), including revisions to the "exceptions process" and
the EFU zone, and permitting the designation of marginal lands.
1986 Congress enacts the Columbia River Gorge National Scenic Area Act.
1986 On Aug. 7, LCDC acknowledges the Grant County and City of Granite
comprehensive plans. All Oregon cities and counties now have approved
comprehensive plans, meaning the plans meet the Statewide Planning
Goals.
1987 Oregon legislature grants jurisdiction over the management of forest lands
exclusively to the Oregon Board of Forestry, while leaving the protection of
forest lands subject to Goal 4 (HB 3396).
1987 The Columbia River Gorge National Scenic Area Act leads to the creation of
the bi-state Columbia River Gorge Commission. The mission of the CRGC is
to: "Establish, implement and enforce policies and programs that protect
and enhance the scenic, natural, recreational and cultural resources of the
Columbia River Gorge, and to support the economy of the area by
encouraging growth to occur in existing urban areas and allowing economic
development consistent with resource protection."
1990-1999
1991 LCDC, with support from the Oregon Department of Transportation
(ODOT), adopts the Transportation Planning. The rule creates
a partnership program between DLCD and ODOT to enable the integration
of land use and transportation planning.
1992 LCDC adopts amendments to Goals 3 and 4, permitting the identification
and designation of high-value and important farm lands, and small scale
resource (secondary) lands. Becomes effective August 7, 1993.
1993 Oregon legislature adopts a comprehensive bill to revise Oregon land use
provisions for the protection of farm and forest lands, to permit lot -of -
record dwellings on such lands, and directs LCDC to repeal its rules
providing for the designation of small-scale resource lands (HB 3661).
1994 LCDC adopts rules to implement HB 3661 and to provide additional
protections for high-value farmland.
1994 Metro adopts 2040 plan, charting a long-term regional vision and
framework for future land use plans. The plan designates a series of
regional centers, town centers and other land use designations. The 2040
plan provides direction to local governments to change local plans and
redirects regional planning and investments emphasizing more compact,
pedestrian and transit friendly development within existing urban areas,
rather than continued expansions of the Metro urban growth boundary.
1997 Oregon Supreme Court upholds LCDC rules that protect high-value
farmland adopted to implement HB 3661. (Lane County v. LCDC)
1998 The 25th anniversary of SB 100.
2000-2007
2000 Oregon voters pass Ballot Measure 7 (54%-46%) to compensate property
owners when a government land use regulation causes a devaluation of
private property. The Oregon Supreme Court overturns the measure
because it would have changed more than one part of the Constitution.
2004 On Nov. 2, Oregon voters pass Ballot Measure 37 (61%-39%). The
measure provides that the owner of private real property is entitled to
receive just compensation when a land use regulation is enacted after the
owner or a family member became the owner of the property if the
regulation restricts the use of the property and reduces its fair market
value. In lieu of compensation, the measure also provides that the
government responsible for the regulation may choose to "remove, modify
or not apply" the regulation.
2005 Oregon legislature passes Senate Bill 82 (The Big Look), creating the
Oregon Task Force on Land Use Planning. The task force is charged with
conducting a comprehensive review of the Statewide Planning Program
and making recommendations to the 2009 Legislature for any needed
changes to land -use policy.
2005 On Oct. 14, Marion County Circuit Court Judge Mary Mertens James finds
Measure 37 to be unconstitutional on several grounds. (MacPherson, et al
vs. Department of Administrative Services, et al)
2006 On Feb. 21, the Oregon Supreme Court overturns Judge James' decision
and reinstates Measure 37.
2007 On Nov. 6, Oregon voters pass Ballot Measure 49 (62%-38%). Measure
49 modifies Measure 37 (2004) to give landowners with Measure 37 claims
the right to build homes as compensation for land use restrictions imposed
after they acquired their properties. Claimants may build up to three
homes if previously allowed when they acquired their properties, four to
10 homes if they can document reductions in property values that justify
additional homes, but may not build more than three homes on high-value
farmlands, forestlands and groundwater -restricted lands. Allows claimants
to transfer homebuilding rights upon sale or transfer of properties;
extends rights to surviving spouses. Authorizes future claims based on
regulations that restrict residential uses of property or farm, forest
practices. Disallows claims for strip malls, mines, other commercial,
industrial uses.
ATTACHMENTS
A Summary of Oregon's Statewide Planning Goals
CITIZEN INVOLVEMENT Goal 1
calls for "the opportunity for citizens to
be involved in all phases of the planning
process." It requires each city and county
to have a citizen involvement program
containing six components specified in
the goal. It also requires local
governments to have a committee for
citizen involvement (CCI) to monitor
and encourage public participation in
planning.
2. LAND USE PLANNING Goal 2
outlines the basic procedures of Oregon's
statewide planning program. It says that
land use decisions are to be made in
accordance with a comprehensive plan,
and that suitable "implementation
ordinances" to put the plan's policies into
effect must be adopted. It requires that
plans be based on "factual information";
that local plans and ordinances be
coordinated with those of other
jurisdictions and agencies; and that plans
be reviewed periodically and amended
as needed. Goal 2 also contains
standards for taking exceptions to
statewide goals. An exception may be
taken when a statewide goal cannot or
should not be applied to a particular area
or situation.
AGRICULTURAL LANDS Goal 3
defines "agricultural lands." It then
requires counties to inventory such lands
and to "preserve and maintain" them
through farm zoning. Details on the uses
allowed in farm zones are found in ORS
Chapter 215 and in Oregon
Administrative Rules, Chapter 660,
Division 33.
4. FOREST LANDS This goal defines
forest lands and requires counties to
inventory them and adopt policies and
ordinances that will "conserve forest
lands for forest uses."
5. OPEN SPACES, SCENIC AND
HISTORIC AREAS AND NATURAL
RESOURCES Goal 5 covers more than
a dozen natural and cultural resources
such as wildlife habitats and wetlands. It
establishes a process for each resource to
be inventoried and evaluated. If a
resource or site is found to be
significant, a local government has three
policy choices: preserve the resource,
allow proposed uses that conflict with it,
or strike some sort of a balance between
the resource and the uses that would
conflict with it.
6. AIR, WATER AND LAND
RESOURCES QUALITY This goal
requires local comprehensive plans and
implementing measures to be consistent
with state and federal regulations on
matters such as groundwater pollution.
7. AREAS SUBJECT TO NATURAL
DISASTERS AND HAZARDS Goal 7
deals with development in places subject
to natural hazards such as floods or
landslides. It requires that jurisdictions
apply "appropriate safeguards"
(floodplain zoning, for example) when
planning for development there.
8. RECREATION NEEDS This goal calls
for each community to evaluate its areas
and facilities for recreation and develop
plans to deal with the projected demand
for them. It also sets forth detailed
standards for expedited siting of
destination resorts.
ECONOMY OF THE STATE Goal 9
calls for diversification and
improvement of the economy. It asks
communities to inventory commercial
and industrial lands, project future needs
for such lands, and plan and zone
enough land to meet those needs.
10. HOUSING This goal specifies that each
city must plan for and accommodate
needed housing types, such as
multifamily and manufactured housing.
It requires each city to inventory its
buildable residential lands, project future
needs for such lands, and plan and zone
enough buildable land to meet those
needs. It also prohibits local plans from
discriminating against needed housing
types.
11. PUBLIC FACILITIES AND
SERVICES Goal 11 calls for efficient
planning of public services such as
sewers, water, law enforcement, and fire
protection. The goal's central concept is
that public services should to be planned
in accordance with a community's needs
and capacities rather than be forced to
respond to development as it occurs.
12. TRANSPORTATION The goal aims to
provide "a safe, convenient and
economic transportation system." It asks
for communities to address the needs of
the "transportation disadvantaged."
13. ENERGY Goal 13 declares that "land
and uses developed on the land shall be
managed and controlled so as to
maximize the conservation of all forms
of energy, based upon sound economic
principles."
14. URBANIZATION This goal requires
cities to estimate future growth and
needs for land and then plan and zone
enough land to meet those needs. It calls
for each city to establish an "urban
growth boundary" (UGB) to "identify
and separate urbanizable land from rural
land." It specifies seven factors that must
be considered in drawing up a UGB. It
also lists four criteria to be applied when
undeveloped land within a UGB is to be
converted to urban uses.
15. WILLAMETTE GREENWAY Goal 15
sets forth procedures for administering
the 300 miles of greenway that protects
the Willamette River.
Oregon Department of Land Conservation and Development Administrative 1
ATTACHMENT 4
I
Administrative Rules
The Oregon Administrative Rules are maintained by the Secretary of State's office. These links take
you to files in Chapter 660 at its site, the location of the administrative rules of the Department of
Land Conservation and Development.
660-001
Procedural Rules
660-002
Delegation of Authority_. to Director
660-003
Acknowledgement of Compliance
660-004
Goal 2 Exceptions Process
660_006
Goal 4 Fo.r_.e5t Lands
660-006a
Exhibit: Declaration of CCR Form (pdf)
660-007
Metropolitan Housing
660-008
Interpretation of Goal 10 Housing
660-OQ9
Economic Development
660-011
Public Facilities Planning
0-012
Transportation Planning
660-013
Airport Plannina
660-013a
Exhibit: Public Use Airport Overlay Zone (pdf)
660-014
Newly Incorp. Chis Annex Urban Dev. on Rural Lands
660-015
Statewide Planning Goals and Guidelines
660-016
Complying with Statewide Planning Goal 5
660-017
Classifying Oregon Estuaries
660-018
Post -Acknowledgement Amendments
660-020
Willamette River Greenway Plan
660.021
Urban Reserve$.
660-022
Unincorporated Communities
660-022a
Survey of Oregon UnicorporatedCommunities (Rdfj
6Cz 0=023
Procedures and Reouirm nts for Complying with Goal_5
660-024
Urban Growth Boundaries
660-0z5
Periodic Review
660-027
Urban and Rural Reserves in the Portland Metro Area
660=0Q
Review and Approv-aLpf Skate Aaencv Coord. Proorarns.
660-031
State Permit Comolianoe and Compatibility
660-033
Aciriculturai_Land
660-033a
Exhibit: Declaration of CCR Form (pdf)
660-033b
Table 1: Uses Authorized on Agricultural Lands (pdf)
660-034
State and Local Park Planning,
660-035
Federal Consistency
660-036
Ocean Planning
660-037
Goal 17 Water -Dependent Shorelands
659-QAQ
Certification or CQQVino Public Records
660-041
Measure 49
660-045.
Citizen -Initiated Enforcement Orders
http://www.oregon.gov/LCD/adminrules.shtml 02/02/2009
Chapter 268
2007 EDITION
Metropolitan Service Districts
EMPLOYEE RIGHTS AND BENEFITS
268.220 Employees' rights when district assumes
a function of another public corporation,
city or county
268.230 District to protect employees' rights when
an operating public transportation system
is acquired
268240 PERS membership for specified classes of
district employees; conditions
POWERS
268.300 Existence, status and general powers of
district
268.310 Powers of district
268.315 Authority of district to levy ad valorem
tax
268.317 Solid and liquid waste disposal powers
268.318 District approval required for disposal,
transfer or resource recovery site or fa-
cility; criteria
268.319 Reuse and recycling of electronic products
268.320 Elector approval of district actions
2583.30 Powers when providing local aspects of
service; powers for public transportation;
tax refunds
268.340 Acquisition of property; condemnation
procedure; authority to lease and dispose
of property; right of entry to survey lands
258.343 Validation of certain easements acquired
by district
258.345 Limitation on condemnation power for
certain facilities
268.347 Boundary change within district and cer-
tain urban reserves; filing boundary
change with county assessor and Depart-
ment of Revenue
258.351 Definitions for ORS 268.347 and 268.354
268354 Boundary change procedures; standards
268.357 Authority to sell certain information;
marketing agreements; confidentiality
268.360 Authority to exercise police power; ordi-
nances; effective dates; enforcement
ATTACHMENT 5
258370 Authority to take over transit system of
mass transit district; effect of transfer
order
268.380 Land -use planning goals and activities;
coordination; review of local plans
268385 District as regional planning coordinator
268.3M Planning for activities and areas with
metropolitan impact; review of compre-
hensive plans; urban growth boundary;
regional framework plans
268.393 Land use planning ordinance; notice to
local governments and landowners
GENERAL PROVISIONS
268.010
Short title
268.020
Definitions
268.030
Purpose of chapter; limitation on number
268ZW
of districts; purpose of districts
268.040
Exemption from public utility regulation
268.060
Costs of elections
EMPLOYEE RIGHTS AND BENEFITS
268.220 Employees' rights when district assumes
a function of another public corporation,
city or county
268.230 District to protect employees' rights when
an operating public transportation system
is acquired
268240 PERS membership for specified classes of
district employees; conditions
POWERS
268.300 Existence, status and general powers of
district
268.310 Powers of district
268.315 Authority of district to levy ad valorem
tax
268.317 Solid and liquid waste disposal powers
268.318 District approval required for disposal,
transfer or resource recovery site or fa-
cility; criteria
268.319 Reuse and recycling of electronic products
268.320 Elector approval of district actions
2583.30 Powers when providing local aspects of
service; powers for public transportation;
tax refunds
268.340 Acquisition of property; condemnation
procedure; authority to lease and dispose
of property; right of entry to survey lands
258.343 Validation of certain easements acquired
by district
258.345 Limitation on condemnation power for
certain facilities
268.347 Boundary change within district and cer-
tain urban reserves; filing boundary
change with county assessor and Depart-
ment of Revenue
258.351 Definitions for ORS 268.347 and 268.354
268354 Boundary change procedures; standards
268.357 Authority to sell certain information;
marketing agreements; confidentiality
268.360 Authority to exercise police power; ordi-
nances; effective dates; enforcement
ATTACHMENT 5
258370 Authority to take over transit system of
mass transit district; effect of transfer
order
268.380 Land -use planning goals and activities;
coordination; review of local plans
268385 District as regional planning coordinator
268.3M Planning for activities and areas with
metropolitan impact; review of compre-
hensive plans; urban growth boundary;
regional framework plans
268.393 Land use planning ordinance; notice to
local governments and landowners
Title 24 Page 89 (2007 Edition)
FINANCES
268ZM
Levy, collection, enforcement of ad
valorem taxes; limitation; classification
of property
268ZW
Vehicle registration fees
268ZW
Income tax; rate limitation; elector ap-
proval required
268.507
Excise taxes
GENERAL OBLIGATION BONDS
268.520
Authority to issue and sell general obli-
gation bonds
268.525
Refunding bonds
268.530
Bond elections
REVENUE BONDS
268.590
Credit enhancement of district bonds and
other obligations
268.600
Issuance of revenue bonds; use of pro-
ceeds; status of bonds
268.610
Ordinance authorizing revenue bonds;
content; special trust funds; trustees; en-
forcement
268.620
Form and content of bonds
268.630
Borrowing in anticipation of bond sale;
bond anticipation notes; content; sale of
notes
268.640
Sale of revenue bonds
268.650
Bonds as obligation of a political subdivi-
sion
268.660
Effect of ORS 268.600 to 268.660
DISTRICT CHARTER
268.710
Electors of county may adopt, amend, re-
vise or repeal district charter; limitation
on certain actions
PENALTIES
268.990
Penalties; jurisdiction
Title 24 Page 89 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
GENERAL PROVISIONS
268.010 Short title. This chapter may be
referred to as the Metropolitan Service Dis-
trict Act of 1997. [1969 c.700 §1; 1997 c.833 §31
268.015 [1977 c.665 §l; repealed by 1997 c.833 §271
268.020 Definitions. As used in this
chapter:
(1) "District" means a metropolitan ser-
vice district established under this chapter.
(2) "District charter" means a home rule
charter enacted by the electors of a district
under section 14, Article XI, Oregon Consti-
tution.
(3) "Metropolitan area" means that area
which on October 4, 1997, lies within the
boundaries of Clackamas, Multnomah and
Washington Counties.
(4) "Improvement" means the facilities
and other property constructed, erected or
acquired by and to be used in the perform-
ance of services authorized to be performed
by a district.
(5) "Metropolitan significance" means
having major or significant district -wide im-
pact.
(6) "Person" means a public body as de-
fined in ORS 174.109, individual, corporation,
partnership, association, firm, trust, estate
or any other legal entity.
(7) "Regional framework plan" means the
Metro regional framework plan defined in
ORS 197.015 and any district ordinances that
implement the plan. [1969 c.700 §2; 1977 c.665 §2;
1979 c.531 §3; 1987 c.349 §1; 1997 c.833 §4; 2003 c.802 §971
268.030 Purpose of chapter; limitation
on number of districts; purpose of dis-
tricts. (1) This chapter is enacted in order
to provide a method of making available in
metropolitan areas public services not ade-
quately available through previously author-
ized governmental agencies.
(2) To this end not more than one district
may be established under this chapter in any
metropolitan area.
(3) Subject to the provisions of a district
charter, a district, where formed, shall pro-
vide for those aspects of land use planning
having metropolitan significance. [1969 c.700
§3; 1975 c.510 §1; 1977 c.95 §16; 1977 c.665 §3; 1977 c.782
§3; 1997 c.833 §51
268.040 Exemption from public utility
regulation. Transportation facilities oper-
ated by a district, including the rates and
charges made by the district and the equip-
ment operated by the district, and transpor-
tation facilities operated for a district by a
private operator pursuant to a contract be-
tween the operator and the district, includ-
ing the rates and charges made by the
operator pursuant to the contract, and the
Title 24
equipment operated pursuant to the contract,
shall not be subject to the laws of this state
regulating public utilities, including those
laws administered by the Public Utility
Commission of Oregon. 11969 c.700 §31]
268.050 [1969 c.700 §28; 1981 c.173 §40; 1983 c.350
§129; 1989 c.328 §2; repealed by 1997 c.833 §271
268.060 Costs of elections. (1) The cost
of elections to nominate or elect elected offi-
cials of the district shall be paid by the dis-
trict.
(2) When a district election is held on a
district measure, the election shall be con-
ducted under ORS chapter 255. [1977 c.665 §6a
(enacted in lieu of 268.200); 1997 c.833 §6]
268.070 [1989 c.321 §7; repealed by 1997 c.833 §271
268.100 [1969 c.700 §4; 1971 c.727 §97; repealed by
1997 c.833 §271
268.110 [1969 c.700 §5(1), (2); repealed by 1971 c.727
§2031
268.115 11969 c.700 §5(3), (4); repealed by 1971 c.727
§1911
268.120 11969 c.700 §6; 1971 c.727 §99; repealed by
1997 c.833 §271
26&125[1977 c.665 §14; repealed by 1991 c.15 §81
268.130 11969 c.700 §7; repealed by 1971 c.727 §1911
268.150 [1977 c.665 §5 (enacted in lieu of 268200);
1979 c.804 §7; 1981 c.353 §3a; 1981 c.375 §3; 1983 c.350
§130; 1985 c.808 §78; 1989 c.10 §l; 1989 c.321 §1; 1995 c.712
§101; repealed by 1997 c.833 §271
266.160 [1977 c.665 §6 (enacted in lieu of 268.200);
1979 c.804 §8; repealed by 1997 c.833 §271
268.170 [1977 c.665 §20; repealed by 1997 c.833 §271
268.180 [1977 c.665 §7 (enacted in lieu of 268.200);
1979 c.804 §9; 1981 c.375 §4; 1983 c.350 §131; 1987 c.349
§2; 1995 c.658 §100; repealed by 1997 c.833 §27]
268.190 [1977 c.665 §8 (enacted in lieu of 268.200);
1987 c.349 §5; repealed by 1997 c.833 §271
268.200 [1969 c.700 §9; repealed by 1977 c.665 §4
(268.060, 268.150, 268.160, 268.180, 268.190 and 268.312 en-
acted in lieu of 268.200)]
268.210 [1969 c.700 §27; 1987 c.349 §6; repealed by
1997 c.833 §271
268.215 [1987 c.349 §4; repealed by 1997 c.833 §271
EMPLOYEE RIGHTS AND BENEFITS
268.220 Employees' rights when dis-
trict assumes a function of another pub-
lic corporation, city or county. Except as
otherwise provided by ORS 268.230, a district
shall offer to employ every person who, on
the date the district takes over a function of
a public corporation, city or county in the
district, is employed by the corporation, city
or county to carry on the function. Where
the district employs such a person, the em-
ployee shall remain an employee of the cor-
poration, city or county for purposes of any
pension or retirement plan the employee has
been included in by the corporation, city or
county and shall continue to have rights and
benefits thereunder as if the person had re-
mained an employee of the corporation, city
or county, until the district provides a simi-
Page 91
(2007 Edition)
268.230 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
lar plan for its employees and the employee
is included in the plan. Until the employee
is so included, the district shall deduct from
the compensation of the employee the
amount the employee is required to pay un-
der the plan of the corporation, city or
county; shall pay that amount to the corpo-
ration, city or county, which shall credit the
amount to the employee under the plan; and
shall make whatever payments the plan calls
for the employer to make. [1969 c.700 §301
268.225 [1979 c.804 §2; repealed by 1997 c.833 §271
268.230 District to protect employees'
rights when an operating public trans-
portation system is acquired. When the
district acquires an operating public trans-
portation system, it shall make fair and eq-
uitable arrangements to protect the interests
of employees and retired employees of the
system. Such protective arrangements shall
include, but shall not be limited to:
(1) Preservation of rights, privileges and
benefits, including continuation of pension
rights and payment of benefits, existing un-
der collective bargaining agreements, or oth-
erwise;
(2) Continuation of collective bargaining
rights;
(3) Protection of individual employees
against a worsening of their positions with
respect to their employment; and
(4) Assurance of employment to persons
employed by the mass transportation system
acquired and priority of reemployment to
persons previously employed. [1969 c.700 §29a]
268.240 PERS membership for speci-
fied classes of district employees; condi-
tions. (1) A district that is not participating
in the Public Employees Retirement System
may, by application to the board, include any
class of employees of the district in the sys-
tem established by ORS chapters 238 and
238A without entering into a contract of in-
tegration with the board under ORS 238.680.
(2) The board shall consider an applica-
tion received under this section to be an ap-
plication to become a participating employer
under ORS chapters 238 and 238A but only
to the extent of providing membership for the
class of employees described in the applica-
tion.
(3) The board, upon such terms as are set
forth in a contract between the board and
the employer, shall allow every employee in
the specified class to become members of the
Public Employees Retirement System in ac-
cordance with ORS chapters 238 and 238A.
(4) When a district enters into a contract
with the board under subsection (3) of this
section, the district shall agree to eventually
extend coverage under ORS chapters 238 and
238A to all eligible district employees
through successive contracts with the board.
(5) All employees who have completed
the period of service with the public em-
ployer that is required under ORS 238.015,
238A.100 or 238A.300 shall become members
of the system on a date specified by the
board. All other employees in the described
class shall become members upon completion
of the required period of service.
(6) As used in this section, "board"
means the Public Employees Retirement
Board established under ORS 238.630. [1989
c.879 §2; 2003 c.733 §721
POWERS
268.300 Existence, status and general
powers of district. (1) A metropolitan ser-
vice district has full power to carry out the
objectives of its formation and the functions
authorized pursuant to its charter and to
that end may have and use a seal, have per-
petual succession, sue and be sued in its own
name, and enter into contracts.
(2) For purposes of its authorized func-
tions, a district may enter into intergovern-
mental agreements under ORS chapter 190.
[1969 c.700 §§8,26; 1977 c.95 §1; 1997 c.833 §7; 2003 c.802
§981
268.310 Powers of district. Subject to
the provisions of a district charter, a district
may, to carry out the purposes of this chap-
ter:
(1) Subject to the requirements of ORS
459.005 to 459.045, 459.065 to 459.105, 459.205
to 459.385, 459.992 (1) and (2) and 466.995 (1),
dispose, and provide facilities for disposal, of
solid and liquid wastes.
(2) Provide public transportation and ter-
minal facilities for public transportation, in-
cluding local aspects thereof transferred to
the district by one or more other public cor-
porations, cities or counties through agree-
ments in accordance with this chapter.
(3) Acquire, construct, alter, maintain,
administer and operate metropolitan zoo fa-
cilities.
(4) Acquire, construct, alter, maintain,
administer and operate major cultural, con-
vention, exhibition, sports and entertainment
facilities. However, unless the electors of the
district first approve the financing of the fa-
cilities, the district shall not:
(a) Construct new facilities; or
(b) Except for facilities acquired by
means of an intergovernmental agreement,
acquire existing facilities.
(5) Acquire, develop, maintain and oper-
ate a system of parks, open space and recre-
ational facilities of metropolitan significance.
Title 24 Page 92 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
(6) Exercise jurisdiction over other mat-
ters of metropolitan concern as authorized
by a district charter. [1969 c.700 §10; 1971 c.648
§22; 1975 c.510 §2; 1977 c.95 §17; 1977 c.665 §10; 1977 c.782
§5; 1979 c.804 §4; 1987 c.844 §1; 1997 c.833 §81
268.312 [1977 c.665 §10a (enacted in lieu of 268.200);
1977 c.782 §6; 1985 c.204 §l; repealed by 1997 c.833 §271
268.315 Authority of district to levy
ad valorem tag. For the purpose of per-
forming the functions set forth in ORS
268.310 (3), the district, when authorized at
any properly called election held for such
purpose, shall have the power to levy an ad
valorem tax on all taxable property within
its boundaries not to exceed in any one year
one-half of one percent (0.005) of the real
market value of all taxable property within
the boundaries of such district, computed in
accordance with ORS 308.207. [1975 c.510 §3;
1991 c.459 §368; 1997 c.833 §91
Note: 268.315 was enacted into law by the Legisla-
tive Assembly but was not added to or made a part of
ORS chapter 268 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther explanation.
268.317 Solid and liquid waste disposal
powers. For purposes of solid and liquid
waste disposal, a district may:
(1) Build, construct, acquire, lease, im-
prove, operate and maintain landfills, trans-
fer facilities, resource recovery facilities and
other improvements, facilities or equipment
necessary or desirable for the solid and liq-
uid waste disposal system of the district.
Leases authorized by this section include
lease -purchase agreements whereunder the
district may acquire ownership of the leased
property at a nominal price. Such leases and
lease -purchase agreements may be for a term
of up to 30 years.
(2) Sell, enter into short or long-term
contracts, solicit bids, enter into direct ne-
gotiations, deal with brokers or use other
methods of sale or disposal for the products
or by-products of the district's facilities.
(3) Require any person or class of persons
who generate solid or liquid wastes to make
use of the disposal, transfer or resource re-
covery sites or facilities of the district or
disposal, transfer or resource recovery sites
or facilities designated by the district.
(4) Require any person or class of persons
who pick up, collect or transport solid or
liquid wastes to make use of the disposal,
transfer or resource recovery sites or facili-
ties of the district or disposal, transfer or
resource recovery sites or facilities desig-
nated by the district.
(5) Regulate, license, franchise and cer-
tify disposal, transfer and resource recovery
sites or facilities; establish, maintain and
amend rates charged by disposal, transfer
and resource recovery sites or facilities; es-
268.319
tablish and collect license or franchise fees;
and otherwise control and regulate the es-
tablishment and operation of all public or
private disposal, transfer and resource re-
covery sites or facilities located within the
district. Licenses or franchises granted by
the district may be exclusive. Existing land-
fills authorized to accept food wastes which,
on March 1, 1979, are either franchised by a
county or owned by a city are exempt from
the district's franchising and rate regulation.
(6) Prescribe a procedure for the issu-
ance, administration, renewal or denial of
contracts, licenses or franchises granted un-
der subsection (5) of this section.
(7) Regulate the service or services pro-
vided by contract, license or franchise and
order modifications, additions or extensions
to the equipment, facilities, plan or services
as shall be in the public interest.
(8) Receive, accept, process, recycle, re-
use and transport solid and liquid wastes.
[1977 c.95 §3; 1979 c.531 §41
268.318 District approval required for
disposal, transfer or resource recovery
site or facility; criteria. (1) No public or
private disposal, transfer or resource recov-
ery site or facility in the district shall be es-
tablished, modified or extended without the
prior approval of the district. The district
may deny an application for the establish-
ment, modification or extension of a site or
facility if pursuant to its solid waste man-
agement plan the district has either:
(a) Entered into contracts obligating the
district to supply or direct minimum quanti-
ties of solid wastes to sites or facilities des-
ignated in the contract in order that those
sites or facilities will operate economically
and generate sufficient revenues to liquidate
any bonded or other indebtedness incurred
by reason of those sites or facilities; or
(b) Adopted a franchise system for the
disposal of solid or liquid wastes.
(2) In considering an application for the
establishment, modification or extension of a
site or facility, the district may take into
account the location and number of existing
sites or facilities and their remaining capac-
ities, whether the proposed establishment,
modification or extension complies with the
district's solid waste management plan and
whether the applicant has complied with all
other applicable regulatory requirements.
[1979 c.531 §2; 1997 c.833 §241
268.319 Reuse and recycling of elec-
tronic products. Any metropolitan service
district serving a population of more than
500,000 persons shall develop and implement
a program pertaining to electronic product
reuse and recycling. Under the program, the
metropolitan service district shall prepare
Title 24 Page 93 (2007 Edition)
268.320 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
educational materials relating to the col-
lection, recycling and reuse of used con-
sumer electronic products and develop and
implement an outreach and education pro-
gram. [2003 c.706 §41
Note: 268.319 was enacted into law by the Legisla-
tive Assembly but was not added to or made a part of
ORS chapter 268 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther explanation.
268.320 Elector approval of district
actions. Subject to the provisions of a dis-
trict charter, the electors of a district may,
from time to time, and in exercise of their
power of the initiative, or by approving a
proposition referred to them by the govern-
ing body of the district, authorize the district
to assume additional functions. [1969 c.700 §11;
1977 c.95 §18; 1977 c.665 §11; 1997 c.516 §7; 1997 c.833 §10;
2005 c.22 §192; 2007 c.173 §41
268.330 Powers when providing local
aspects of service; powers for public
transportation; tax refunds. Subject to the
provisions of a district charter:
(1) A district, to provide a local aspect
of a public service, may take over facilities
and functions of another public corporation,
city or county, and may exercise powers of
the corporation, city or county, in accor-
dance with the agreement by which the dis-
trict assumes the functions of the other
corporation, city or county.
(2) For purposes of public transportation,
a district may:
(a) Contract with the United States or
with any county, city or state, or any of their
departments or agencies, for the construc-
tion, preservation, improvement, operation or
maintenance of any mass transit system.
(b) Build, construct, purchase, improve,
operate and maintain, subject to other appli-
cable provisions of law, all improvements,
facilities or equipment necessary or desirable
for the mass transit system of the district.
(c) Enter into contracts and employ
agents, engineers, attorneys and other per-
sons and fix their compensation.
(d) Fix and collect charges for the use of
the transit system and other district facili-
ties.
(e) Construct, acquire, maintain and op-
erate passenger terminal facilities and motor
vehicle parking facilities in connection with
the mass transit system within or outside the
district.
(f) Use a public thoroughfare in a manner
mutually agreed to by the governing bodies
of the district and of the thoroughfare or, if
they cannot so agree upon how the district
may use the thoroughfare, in a manner de-
termined by an arbitrator appointed by the
Governor.
(g) Do such other acts or things as may
be necessary or convenient for the proper
exercise of the powers granted to a district
by this chapter.
(3) A district shall be entitled to tax re-
funds under ORS 319.831, as if the district
were a city. 11969 c.700 §12; 1979 c.344 §3; 1983 c.740
§69; 1997 c.833 §111
268.335 [1977 c.665 §21; repealed by 1997 c.833 §271
268.340 Acquisition of property; con-
demnation procedure; authority to lease
and dispose of property; right of entry to
survey lands. (1) To the extent necessary to
provide a metropolitan aspect of a public
service, a district may acquire by purchase,
condemnation, devise, gift or grant real and
personal property or any interest therein
within and without the district, including
property of other public corporations. In so
doing the district may proceed under ORS
chapter 35.
(2) A district may lease and dispose of
property in accordance with ORS 271.300 to
271.360.
(3) For purposes of surveys necessary for
its proper functioning, a district may enter
upon land, after giving the owner thereof
reasonable advance notice of the entry. [1969
c.700 §§13,14,15; 1979 c.804 §5; 1985 c.443 §31
268.342 [1977 c.665 §23; repealed by 1997 c.833 §271
268.343 Validation of certain ease-
ments acquired by district. Conservation
easements and highway scenic preservation
easements acquired by a metropolitan service
district prior to May 28, 1999, are validated.
[1999 c.208 §51
Note: 268.343 was enacted into law by the Legisla-
tive Assembly but was not added to or made a part of
ORS chapter 268 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther explanation.
268.345 Limitation on condemnation
power for certain facilities. Notwithstand-
ing any power of condemnation, the district
shall not acquire existent major cultural,
convention, exhibition, sports or entertain-
ment facilities owned by a public or munici-
pal corporation without the consent of the
governing body of that corporation. [1977 c.782
§2]
268.347 Boundary change within dis-
trict and certain urban reserves; filing
boundary change with county assessor
and Department of Revenue. (1) Notwith-
standing contrary provisions regarding juris-
diction under ORS chapters 198, 221 and 222,
a metropolitan service district shall exercise
jurisdiction, as provided in this section and
ORS 268.351 and 268.354, over a boundary
change within the boundaries of the district
and within all territory designated as urban
reserves by the district in an ordinance
Title 24 Page 94 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
adopted by the district council prior to June
30, 1997.
(2) For purposes of ad valorem taxation,
a boundary change must be filed in final ap-
proved form with the county assessor and the
Department of Revenue as provided in ORS
308.225. [1997 c.516 §13; 2001 c.138 §14; 2005 c.22 §193;
2007 c.173 §11
268350 [1969 c.700 §23; repealed by 1997 c.833 §271
268.351 Definitions for ORS 268.347
and 268.354. As used in ORS 268.347 and
268.354, "boundary change" means a major
boundary change or a minor boundary
change, as those terms are defined in ORS
199.415. [1997 c.516 §9; 2005 c.22 §194; 2007 c.173 §21
268.354 Boundary change procedures;
standards. (1) In addition to the require-
ments established by ORS chapters 198, 221
and 222 for a boundary change, a metropol-
itan service district, in consultation with the
Metro Policy Advisory Committee, may es-
tablish requirements for a boundary change
that is subject to the jurisdiction of the dis-
trict pursuant to ORS 268.347.
(2) For a boundary change that is subject
to the jurisdiction of the district pursuant to
ORS 268.347, the district shall:
(a) Establish a uniform hearing and no-
tification 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 frame-
work plan, as defined in ORS 197.015, 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 proc-
ess shall be ministerial only.
(4) Except as provided in this section and
ORS 268.347 and 268.351, for a boundary
change subject to the jurisdiction of the
metropolitan service district:
(a) Proceedings for annexation of terri-
tory to a city and for all other changes in
city boundaries shall be conducted as pro-
vided in ORS chapter 222;
(b) Proceedings for annexation of terri-
tory to a district, including the metropolitan
service district, and for all other changes to
the boundaries of a district, including the
boundaries of the metropolitan service dis-
trict, shall be conducted as provided in ORS
chapter 198; and
(c) Notwithstanding contrary provisions
regarding the party responsible for conduct-
ing hearings under ORS chapter 198, the
Title 24
268.360
metropolitan service district is the governing
body responsible for conducting proceedings
for a minor boundary change to the metro-
politan service district. Proceedings for a
minor boundary change to the boundaries of
a metropolitan service district shall be con-
ducted as provided in ORS chapter 198. [1997
c.516 §10; 1999 c.282 §1; 2005 c.22 §195; 2007 c.173 §31
268366 [1979 c.804 §3; repealed by 1997 c.833 §271
268.357 Authority to sell certain in-
formation; marketing agreements; confi-
dentiality. Subject to the provisions of a
district charter, a district may impose and
collect reasonable fees based on market
prices or competitive bids for geographic
data that have commercial value and are an
entire formula, pattern, compilation, pro-
gram, device, method, technique, process, da-
tabase or system developed with a significant
expenditure of public funds. A district may
enter into agreements with private persons
or entities to assist with marketing such
products. Notwithstanding any other pro-
vision of law, district software product pro-
gramming source codes, object codes and
geographic databases or systems are confi-
dential and exempt from public disclosure
under ORS 192.502. Nothing in this section
authorizes a district to restrict access to
public records through inclusion of such re-
cords in a geographic database or system.
[1989 c.476 §2; 1997 c.833 §121
268.360 Authority to exercise police
power; ordinances; effective dates; en-
forcement. Subject to the provisions of a
district charter:
(1) For purposes of its authorized func-
tions a district may exercise police power
and in so doing adopt the ordinances that a
majority of the members of its council con-
siders necessary for the proper functioning
of the district. All legislative acts shall be
by ordinance.
(2) Unless otherwise specified by the dis-
trict in the ordinance, an ordinance shall
become effective on the 90th day after its
adoption. If the district refers an ordinance
to the electors, the ordinance shall become
effective on the 30th day after its approval
by a majority of the electors voting on the
measure or on a later date specified in the
ordinance. If a referendum petition, other
than a petition referring an ordinance de-
claring an emergency, is filed with the filing
officer not later than the 90th day after the
adoption of the ordinance and before the or-
dinance takes effect, the effective date of the
ordinance shall be suspended. An ordinance
referred by a proper referendum petition
shall become inoperative and shall not take
effect if a majority of the electors voting on
the measure reject the ordinance.
Page 95
(2007 Edition)
268.370 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
(3) In addition to the provisions of ORS
268.990, violation of the district's ordinances
may be enjoined by the district in an action
in a court of competent jurisdiction.
(4) In addition to any other penalty pro-
vided by law, any person who violates any
ordinances or order of the district pertaining
to one or more of its authorized functions
shall incur a civil penalty not to exceed $500
a day for each day of violation.
(5) When an order assessing a civil pen-
alty under this section becomes final by op-
eration of law or on appeal, and the amount
of penalty is not paid within 10 days after
the order becomes final, the order may be
recorded with the county clerk in any county
of this state. The clerk shall record the name
of the person incurring the penalty and the
amount of the penalty in the County Clerk
Lien Record. [1969 c.700 §24; 1977 c.95 §4; 1977 c.665
§12; 1981 c.173 §41; 1981 c.353 §4; 1983 c.350 §132; 1991
c.15 §4; 1991 c.734 §16; 1997 c.833 §13; 2003 c.561 §11
268.370 Authority to take over transit
system of mass transit district; effect of
transfer order. Subject to the provisions of
a district charter, when a metropolitan ser-
vice district organized under this chapter
functions in a mass transit district organized
under ORS 267.010 to 267.390, the governing
body of the metropolitan district may at any
time order transfer of the transit system of
the transit district to the metropolitan dis-
trict, whereupon:
(1) The governing body of the transit dis-
trict shall transfer title to, and possession of,
the transit system and of all books, records,
files, documents, and other property of the
district to the metropolitan district.
(2) The metropolitan district shall be re-
sponsible for all the liabilities and obli-
gations imposed upon or assumed by the
transit district.
(3) For purposes of mass transit the met-
ropolitan district shall have all the rights,
powers, privileges, and immunities, and be
subject to all the duties and obligations, of
a mass transit district under ORS 267.010 to
267.390, insofar as those rights, powers, priv-
ileges, immunities, duties, and obligations
are consistent with this chapter.
(4) The boundaries of the metropolitan
district shall, for purposes of mass transit,
be extended to encompass all the territory of
the transit district.
(5) The transit district shall be dissolved
and the offices of its directors terminated.
[1969 c.700 §32; 1997 c.833 §141
268.380 Land -use planning goals and
activities; coordination; review of local
plans. (1) A district may:
(a) Adopt land -use planning goals and
objectives for the district consistent with
goals adopted under ORS chapters 195, 196
and 197;
(b) Review the comprehensive plans in
effect on January 1, 1979, or subsequently
adopted by the cities and counties within the
district and recommend that cities and coun-
ties, as the district considers necessary,
make changes in any plan to ensure that the
plan conforms to the district's metropolitan
area goals and objectives and the statewide
goals;
(c) Coordinate the land -use planning ac-
tivities of that portion of the cities and
counties within the district; and
(d) Coordinate its activities and the re-
lated activities of the cities and counties
within the district with the land -use planning
development activities of the federal govern-
ment, other local governmental bodies situ-
ated within this state or within any other
state and any agency of this state or another
state.
(2) When a district is required by a dis-
trict charter to adopt a regional framework
plan, the regional framework plan shall in-
clude and be consistent with land use plan-
ning goals and objectives adopted by the
district. [1977 c.665 §17; 1979 c.804 §11; 1997 c.833 §15;
2001 c.672 §81
268.385 District as regional planning
coordinator. (1) For the purposes of ORS
195.025, the district formed under this chap-
ter shall exercise within the district the re-
view, advisory and coordinative functions
assigned under ORS 195.025 (1) to each
county and city that is within the district.
(2) ORS 195.025 (3) and (4) shall not apply
to a district formed under this chapter. [1977
c.665 §191
268.390 Planning for activities and
areas with metropolitan impact; review
of comprehensive plans; urban growth
boundary; regional framework plans. (1)
A district may define and apply a planning
procedure that identifies and designates
areas and activities having significant impact
upon the orderly and responsible develop-
ment of the metropolitan area, including, but
not limited to, impact on:
(a) Air quality;
(b) Water quality; and
(c) Transportation.
(2) A district may prepare and adopt
functional plans for those areas designated
under subsection (1) of this section to control
metropolitan area impact on air and water
quality, transportation and other aspects of
metropolitan area development the district
may identify.
(3) A district shall adopt an urban
growth boundary for the district in compli-
Title 24 Page 96 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
ance with applicable goals adopted under
ORS chapters 195, 196 and 197.
(4) A district may review the comprehen-
sive plans adopted by the cities and counties
within the district that affect areas desig-
nated by the district under subsection (1) of
this section or the urban growth boundary
adopted under subsection (3) of this section
and recommend or require cities and coun-
ties, as it considers necessary, to make
changes in any plan to ensure that the plan
and any actions taken under the plan sub-
stantially comply with the district's func-
tional plans adopted under subsection (2) of
this section and its urban growth boundary
adopted under subsection (3) of this section.
(5) Pursuant to a regional framework
plan, a district may adopt implementing or-
dinances that:
(a) Require local comprehensive plans
and implementing regulations to substan-
tially comply with the regional framework
plan within two years after compliance ac-
knowledgment.
(b) Require adjudication and determi-
nation by the district of the consistency of
local comprehensive plans with the regional
framework plan.
(c) Require each city and county within
the jurisdiction of the district and making
land use decisions concerning lands within
the land use jurisdiction of the district to
make those decisions consistent with the re-
gional framework plan. The obligation to ap-
ply the regional framework plan to land use
decisions shall not begin until one year after
the regional framework plan is acknowledged
as complying with the statewide planning
goals adopted under ORS chapters 195, 196
and 197.
(d) Require changes in local land use
standards and procedures if the district de-
termines that changes are necessary to rem-
edy a pattern or practice of decision-making
inconsistent with the regional framework
plan.
(6) A process established by the district
to enforce the requirements of this section
must provide:
(a) Notice of noncompliance to the city
or county.
(b) Opportunity for the city or county to
be heard.
(c) Entry of an order by the district ex-
plaining its findings, conclusions and en-
forcement remedies, if any.
(7) Enforcement remedies ordered under
subsection (6) of this section may include,
but are not limited to:
Title 24
(a) Direct application of specified re-
quirements of functional plans to land use
decisions by the city or county;
(b) Withholding by the district of discre-
tionary funds from the city or county; and
(c) Requesting an enforcement action
pursuant to ORS 197.319 to 197.335 and
withholding moneys pursuant to an enforce-
ment order resulting from the enforcement
action.
(8) An order issued under subsection (6)
of this section:
(a) Must provide for relief from enforce-
ment remedies upon action by the city or
county that brings the comprehensive plan
and implementing regulations into substan-
tial compliance with the requirement.
(b) Is subject to review under ORS
197.830 to 197.845 as a land use decision.
(9) The regional framework plan, ordi-
nances that implement the regional frame-
work plan and any determination by the
district of consistency with the regional
framework plan are subject to review under
ORS 197.274. [1977 c.665 §18; 1979 c.402 §1; 1983 c.827
§53; 1985 c.565 §40; 1997 c.833 §16; 2007 c.176 §11
268.393 Land use planning ordinance;
notice to local governments and land-
owners. (1) As used in this section,
"owner" means the owner of the title to real
property or the contract purchaser of real
property, of record as shown on the last
available complete tax assessment roll.
(2) At least 45 days prior to the final
public hearing on a proposed new or
amended land use planning ordinance of a
metropolitan service district, the district
shall cause written notice of the proposed
ordinance to be mailed to every owner of
real property that will be rezoned as a result
of the proposed ordinance.
(3) The notice required in subsection (2)
of this section must:
(a) Contain substantially the following
language in boldfaced text extending across
the top of the face page from the left margin
to the right margin:
This is to notify you that the metropol-
itan service district has proposed a land use
planning ordinance that may affect the per-
missible uses of your property and other
properties.
(b) Contain substantially the following
language in the body of the notice:
Page 97
(2007 Edition)
265.500
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
On (date of public hearing), the metro-
politan service district will hold a public
hearing regarding the adoption of ordinance
(number). The district has determined that
adoption of this ordinance may affect the
permissible uses of your property, and other
properties in the affected zone, and may
change the value of your property.
Ordinance (number) is available for in-
spection at the metropolitan service district
offices located at (address). A copy of the or-
dinance (number) is available for purchase
at a cost of $
For additional information, contact the
metropolitan service district at (telephone
number).
(4) If real property of an owner will be
rezoned as a result of the adoption of the
land use planning ordinance and the owner
was not notified pursuant to subsection (2)
of this section, at least 30 days prior to the
effective date of a new or amended land use
planning ordinance of a metropolitan service
district, the district shall cause written no-
tice of the new or amended ordinance to be
mailed to the owner of the real property that
will be rezoned.
(5) The notice required in subsection (4)
of this section must:
(a) Contain substantially the following
language in boldfaced text across the top of
the face page extending from the left margin
to the right margin:
This is to notify you that the metropol-
itan service district has adopted a land use
planning ordinance that may affect the per-
missible uses of your property and other
properties.
(b) Contain substantially the following
language in the body of the notice:
On (date of ordinance adoption), the
metropolitan service district adopted ordi-
nance (number). The district has determined
that adoption of this ordinance may affect
the permissible uses of your property, and
other properties in the affected zone, and
may change the value of your property.
Ordinance (number) is available for in-
spection at the metropolitan service district
offices located at (address). A copy of the or-
dinance (number) is available for purchase
at a cost of $ .
For additional information, contact the
metropolitan service district at (telephone
number).
(6) For purposes of this section, property
is rezoned by a land use planning ordinance
adopted by a metropolitan service district if
the ordinance directly or indirectly requires
a local government to:
(a) Change the base zoning classification
of the property; or
(b) Modify land use regulations applica-
ble to the property in a manner that would
limit or prohibit land uses previously al-
lowed. [1999 al §7; 2003 c.668 §4a; 2003 c.802 §991
268.395 [1985 c.785 §2; repealed by 1997 c.516 §15 and
1997 c.833 §271
268.400 [1985 085 §3; repealed by 1997 c.516 §15 and
1997 c.833 §271
268.460 [1981 c.641 §2; repealed by 1997 c.833 §271
268.465 [1981 c.641 §3; repealed by 1997 c.833 §271
268.470 [1981 c.641 §4; repealed by 1997 c.833 §271
268.475 [1981 c.641 §5; repealed by 1997 c.833 §271
268.480 [1981 c.641 §6; repealed by 1997 c.833 §271
268.485 [1981 c.641 §7; repealed by 1997 c.833 §271
268.490 11981 x641 §8; repealed by 1997 c.833 §271
268.495 [1981 c.353 §2; 1983 040 §70; repealed by
1995 c.333 §371
FINANCES
268.500 Levy, collection, enforcement
of ad valorem taxes; limitation; classi-
fication of property. (1) A district may levy
annually an ad valorem tax on all taxable
property within its boundaries not to exceed
in any one year one-half percent (0.005) of
the real market value of all taxable property
within the boundaries of such district, com-
puted in accordance with ORS 308.207. The
district may also annually assess, levy and
collect a special tax upon all such property
in an amount sufficient to pay the yearly in-
terest on bonds previously issued by the dis-
trict and then outstanding, together with any
portion of the principal of such bonds ma-
turing within the year. The special tax shall
be applied only in payment of the interest
and principal of bonds issued by the corpo-
ration, but the corporation may apply any
funds it may have towards the payment of
principal and interest of any such bonds.
(2) Such taxes shall be levied in each
year and returned to the county officer
whose duty it is to extend the tax levy by the
time required by law for city taxes to be
levied and returned. All taxes levied by the
district shall become payable at the same
time and be collected by the same officer
who collects county taxes and shall be
Title 24 Page 98 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
turned over to the district according to law.
The county officer whose duty it is to extend
the county levy shall extend the levy of the
district in the same manner as city taxes are
extended. Property shall be subject to sale
for nonpayment of taxes levied by the corpo-
ration in like manner and with like effect as
in the case of county and state taxes.
(3) In taxation a district may classify
property on the basis of services received
from the district and prescribe different tax
rates for the different classes of property.
[1969 c.700 §17; 1987 c.816 §1; 1991 c.459 §369; 1993 c.18
§48; 1997 c.833 §25; 1999 c.21 §51
268.503 Vehicle registration fees. Sub-
ject to ORS 801.040, 801.041, 801.042, 801.237
and 803.445, for the purpose of providing any
service that the district, as defined in ORS
801.237, has power to provide, the district
may impose registration fees on vehicles un-
der ORS 803.445. [1989 c.864 §131
268.505 Income tax; rate limitation;
elector approval required. (1) Subject to
the provisions of a district charter, to carry
out the purposes of this chapter, a district
may by ordinance impose a tax:
(a) Upon the entire taxable income of
every resident of the district subject to tax
under ORS chapter 316 and upon the taxable
income of every nonresident that is derived
from sources within the district which in-
come is subject to tax under ORS chapter
316; and
(b) On or measured by the net income of
a mercantile, manufacturing, business, finan-
cial, centrally assessed, investment, insur-
ance or other corporation or entity taxable
as a corporation doing business, located, or
having a place of business or office within
or having income derived from sources
within the district which income is subject
to tax under ORS chapter 317 or 318.
(2) The rate of the tax imposed by ordi-
nance adopted under authority of subsection
(1) of this section shall not exceed one per-
cent. The tax may be imposed and collected
as a surtax upon the state income or excise
tax.
(3) Any ordinance adopted pursuant to
subsection (1) of this section may require a
nonresident, corporation or other entity tax-
able as a corporation having income from
activity both within and without the district
taxable by the State of Oregon to allocate
and apportion such net income to the district
in the manner required for allocation and
apportionment of income under ORS 314.280
and 314.605 to 314.675.
(4) If a district adopts an ordinance under
this section, the ordinance shall be consist-
ent with any state law relating to the same
subject, and with rules and regulations of the
Title 24
268.530
Department of Revenue prescribed under
ORS 305.620.
(5) Any ordinance adopted by the district
under subsection (1) of this section shall re-
ceive the approval of the electors of the dis-
trict before taking effect. [1977 c.665 §22; 1997
c.833 §171
268.507 Excise taxes. Subject to the
provisions of a district charter, a district
may by ordinance impose excise taxes on any
person using the facilities, equipment, sys-
tems, functions, services or improvements
owned, operated, franchised or provided by
the district. [1989 c.332 §§3,4; 1997 c.833 §18]
268.509 [1989 c.332 §2; repealed by 1997 c.833 §27]
266510 [1969 c.700 §18; repealed by 1981 c.641 §91
268.512 [1977 c.665 §23a; repealed by 1997 c.833 §271
268.513 [1977 c.665 §16; 1979 c.804 §10; 1981 c.353 §5;
1985 c.210 §l; 1989 c.327 §2; repealed by 1997 c.833 §271
268.514 [1989 c.327 §l; repealed by 1997 c.833 §271
§271 268515 [Formerly 268.540; repealed by 1997 c.833
268.517 [1977 c.665 §15; repealed by 1997 c.833 §271
GENERAL OBLIGATION BONDS
268.520 Authority to issue and sell
general obligation bonds. (1) For the pur-
pose of performing any service that the dis-
trict has power to perform, the district, when
authorized at any properly called election
held for such purpose, shall have the power
to borrow money by the issuance and sale of
general obligation bonds. Such bonds shall
never exceed in the aggregate 10 percent of
the real market value of all taxable property
within the district computed in accordance
with ORS 308.207. The bonds shall be so
conditioned that the district shall promise
and agree therein to pay the bearer at a
place named therein, the principal sum with
interest at a rate named therein payable
semiannually in accordance with the tenor
and terms of the interest coupons attached.
The bonds shall mature serially not to exceed
30 years from the date of issue.
(2) All general obligation bonds shall be
issued as prescribed in ORS chapter 287A.
[1969 c.700 §19; 1977 c.782 §7; 1983 c.347 §21; 1991 c.459
§370; 2007 c.783 §871
298.525 Refunding bonds. Refunding
bonds of the same character and tenor as
those replaced thereby may be issued pursu-
ant to a resolution adopted by the district
governing body without submitting to the
electors the question of authorizing the issu-
ance of the bonds. [1969 c.700 §19a]
268.530 Bond elections. Elections for
the purpose of voting on the question of bor-
rowing funds by issuance and sale of general
obligation bonds shall be called by the gov-
ernin body. [1969 c.700 §20; 1971 c.647 §63a; 1977
c.782 §]
Page 99
(2007 Edition)
268.590 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
268.540 [1969 c.700 016,21,22; 1977 c.95 §5; renum-
bered 268.5151
REVENUE BONDS
268.590 Credit enhancement of district
bonds and other obligations. (1) As used in
ORS 268.600 to 268.660:
(a) "Credit enhancement agreement"
means the agreement pursuant to which a
credit enhancement device is provided, given
or issued.
(b) "Credit enhancement device" means
any letter of credit, line of credit, municipal
bond insurance or other device given or pro-
vided as security for the payment of the
principal of, premium, if any, or interest on
revenue bonds or bond anticipation notes is-
sued under ORS 268.600 to 268.660 or as se-
curity for the payment or performance of any
of the district's obligations under or with re-
spect to such revenue bonds or bond antic-
ipation notes.
(c) "Credit enhancement provider" means
the person or entity providing or issuing a
credit enhancement device.
(2) In connection with the issuance of
revenue bonds or bond anticipation notes
under ORS 268.600 to 268.660, a district may
arrange for a credit enhancement device to
be given, issued or provided as security for
the payment of the principal of, premium, if
any, or interest on such revenue bonds or
bond anticipation notes or as security for the
payment or performance of the district's ob-
ligations under or with respect thereto.
(3) A district may enter into a credit en-
hancement agreement with a credit enhance-
ment provider setting forth the respective
rights, duties and obligations of the district
and the credit enhancement provider under
or with respect to such credit enhancement
device, which agreement may contain such
terms, covenants and conditions as shall be
approved by the governing body of the dis-
trict and which are not inconsistent with the
provisions of ORS 268.600 to 268.660.
(4) The obligations of the district under
or with respect to any credit enhancement
device or credit enhancement agreement
shall not in any manner or to any extent be
general obligations of the district nor a
charge upon any other revenues or property
of the district not specifically pledged
thereto.
(5) In the ordinance authorizing the issu-
ance of revenue bonds or bond anticipation
notes under ORS 268.600 to 268.660, the gov-
erning body may pledge as security for the
payment or performance of the district's ob-
ligations under or with respect to the related
credit enhancement device or credit en-
hancement agreement all or any portion of
the district's revenues, regardless of the
source from which derived, then existing or
which thereafter come into existence. In ad-
dition, in such ordinance the governing body
may pledge or mortgage as security for the
payment or performance of its obligations
under or with respect to such credit en-
hancement device or credit enhancement
agreement any property of the district. Any
such pledge or mortgage of revenues or other
property may be on such terms as the gov-
erning body shall determine, including but
not limited to a pledge or mortgage on a
parity basis with the pledge or mortgage of
such revenues or other property as security
for revenue bonds or bond anticipation notes
issued under ORS 268.600 to 268.660 or on a
subordinated basis. In the ordinance creating
such pledge or mortgage, the district may
reserve the right to pledge or mortgage from
time to time on a parity or subordinated ba-
sis all or any part of such pledged or mort-
gaged revenues or other property as security
for the payment or performance of the dis-
trict's obligations under or with respect to
any one or more series of revenue bonds or
bond anticipation notes or credit enhance-
ment device or credit enhancement agree-
ment thereafter issued, given, provided or
entered into by the district. [1987 c.623 §71
268.600 Issuance of revenue bonds; use
of proceeds; status of bonds. For the pur-
pose of carrying into effect all or any of the
powers granted to metropolitan service dis-
tricts, a district may from time to time issue
and sell revenue bonds without the necessity
of the electors of a district authorizing the
bonds. Proceeds from the sale of such bonds
may be used to cover the costs incurred in
issuing such bonds, and preliminary work
incident to carrying out such purposes and
powers, including but not limited to plan-
ning, engineering, inspection, accounting,
fiscal, legal and trustee expenses, the costs
of issuance of bonds, engraving, printing, ad-
vertising and other similar expenses, and to
pay interest on the outstanding bonds issued
for any project during the period of actual
construction and for such period thereafter
as a district may determine, and to establish,
maintain or increase any reserves for debt
service on the bonds. Such revenue bonds
shall not in any manner or to any extent be
a general obligation of a district nor a
charge upon any other revenues or property
of a district not specifically pledged thereto.
A district may issue revenue bonds pursuant
to ORS 268.600 to 268.660 for the purpose of
financing landfills, transfer facilities, re-
source recovery facilities and other improve-
ments, facilities and equipment necessary or
desirable for the solid and liquid waste dis-
posal system of the district regardless of
whether such improvements, facilities or
Title 24 Page 100 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
equipment are to be owned by the district or
any other public or private agency or person
and regardless of whether such improve-
ments, facilities or equipment are to be lo-
cated within or without the district. In
connection with the issuance of revenue
bonds to finance any such improvements, fa-
cilities or equipment which are to be owned
by any other public or private agency or
person, the district shall enter into a lease -
purchase, installment sale or loan agreement
with such public or private agency or person
providing for lease -purchase, installment sale
or loan payments which, together with other
revenues pledged for the payment of such
revenue bonds as provided in ORS 268.610,
shall be sufficient to pay when due the prin-
cipal of, premium, if any, and interest on
such revenue bonds. [1977 c.95 §9; 1987 c.623 §11
268.610 Ordinance authorizing revenue
bonds; content; special trust funds; trus-
tees; enforcement. (1) Revenue bonds is-
sued under ORS 268.600 to 268.660 shall be
authorized at a meeting by ordinance of the
governing body. The ordinance may provide
for the creation of special trust funds and
may authorize the appointment of a trustee
to administer the funds, and may obligate a
district to set aside and pay into a special
trust fund for the purpose of securing re-
venue bonds, all or any portion of its reven-
ues, regardless of the source from which
derived, then existing or which thereafter
come into existence. The governing body
may, in addition thereto, pledge or mortgage
for the payment of the principal of and in-
terest on and premium, if any, of any issue
of such bonds any property of a district. No-
tice that action upon the bond ordinance will
be taken at the designated meeting of the
governing body, shall be given for a period
of not less than two consecutive weeks, prior
to such meeting, by publication thereof once
each week in a newspaper of general circu-
lation, published within the corporate
boundaries of the district or, if there be no
such newspaper, by posting such notice for
a period of not less than two weeks in three
public places in the district.
(2) The money in a special trust fund
created by an ordinance authorizing an issue
of revenue bonds shall be used solely for the
purposes provided therefor by the ordinance.
(3) The ordinance may obligate the dis-
trict, and the district shall have power to fix,
levy and collect such rates, rentals, fees and
other charges for the use and services of all
or any of its facilities, which revenues may
be pledged to the payment of the principal
of and interest on and premium, if any, of the
revenue bonds or any of them and if so
pledged shall be sufficient to produce reven-
ues, along with other lawfully available
Title 24
268.610
funds, adequate to pay the costs of the oper-
ation, maintenance and repair of any or all
district properties; to pay or provide for the
payment of the principal of and interest on,
and premium, if any, of such revenue bonds
or any of them, including any reserves for
such payment; and to produce such addi-
tional amount of revenues therefrom as the
district may covenant with the holders of
such revenue bonds.
(4) The ordinance may provide that in the
event the money in a special trust fund is
insufficient to pay the revenue bonds to be
paid out of the fund, such revenue bonds
shall be payable out of any part or all of
other nonpledged revenues of the district.
Whenever all bonds and expenses thereof
have been paid so that no charge remains
upon such special fund, the governing body
may, by ordinance, transfer any balance re-
maining in such fund to its general fund,
discharge the trustee, if any, and dissolve the
special fund. Any trustee authorized to ad-
minister the fund may, subject to approval
of the governing body, invest and reinvest
moneys in the special fund in any security
or securities in which the State of Oregon
may by law invest.
(5) If the governing body fails to set aside
and pay revenues into a special trust fund as
required by the ordinance authorizing the is-
suance and sale of the bonds secured by the
fund, a holder of any of such bonds may
bring suit against the district to compel
compliance with the provisions of the ordi-
nance in the circuit court of the county in
which the district has its principal office.
(6) In the ordinance authorizing the issu-
ance of revenue bonds under ORS 268.600 to
268.660 and pledging all or any portion of the
district's revenues to the payment of such
revenue bonds:
(a) The district may reserve the right to
pledge from time to time on a parity basis all
or any part of such pledged revenues as se-
curity for any one or more series of revenue
bonds thereafter issued by the district, and
in the event the right so reserved by the
district is exercised all revenue bonds se-
cured by such pledged revenues shall be
equally and ratably secured thereby without
preference or priority of any kind of any
bond or series of bonds secured thereby over
any other bond or series of bonds secured
thereby; and
(b) The district may reserve the right to
pledge from time to time on a subordinated
basis all or any part of such pledged reven-
ues as security for any one or more series of
revenue bonds thereafter issued by the dis-
trict.
(7) Any pledge of revenues by a district
made pursuant to this section or ORS 268.590
Page 101
(2007 Edition)
268.620 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
shall be valid, binding and fully perfected
from and after the date of issuance of the
revenue bonds secured thereby and the re-
venues pledged shall be immediately subject
to the lien of such pledge without the phys-
ical delivery thereof, the filing of any notice
or any further act. The lien of any such
pledge shall be valid, binding and fully per-
fected against all persons having claims of
any kind against the district whether in tort,
contract or otherwise, irrespective of
whether such persons have notice thereof.
[1977 c.95 §10; 1987 c.623 §21
268.620 Form and content of bonds.
The revenue bonds authorized by ORS
268.600 to 268.660 shall be issued as pre-
scribed in ORS chapter 287A. [1977 c.95 §11; 1987
c.623 §3; 1997 c.171 §6; 2007 c.783 §881
268.630 Borrowing in anticipation of
bond sale; bond anticipation notes; con-
tent; sale of notes. (1) A district shall have
the power, at any time and from time to time
after the issuance of bonds under ORS
268.600 to 268.660 have been authorized, to
borrow money for the purposes for which
such bonds are to be issued in anticipation
of the receipt of the proceeds of the sale of
such bonds and within the authorized maxi-
mum amount of such bond issue.
(2) Bond anticipation notes shall be is-
sued for all moneys so borrowed under the
provisions of this section. Such notes may be
issued for a period not to exceed three years
and may be renewed or refunded from time
to time for periods of not exceeding three
years, but each such note, including re-
newals, shall mature and be paid not later
than the fifth anniversary of the date the
original note was issued. Such notes shall be
authorized by ordinance of the governing
body and shall be in such denomination or
denominations, shall bear interest at such
rate or rates approved by the governing body,
shall be in such form and shall be executed
in such manner, all as the governing body
shall prescribe. Such notes may be sold at
public or private sale in the manner and at
such price or prices as the governing body
shall determine, provided that if such notes
be renewal notes, they may be exchanged for
notes then outstanding on such terms as the
governing body shall determine. 11977 c.95 §12;
1987 c.623 §41
268.640 Sale of revenue bonds. The
governing body may from time to time sell
revenue bonds authorized to be issued and
sold pursuant to ORS 268.600 to 268.660 at
public or private sale, in the manner and at
such price or prices as it shall determine.
[1977 c.95 §131
268.650 Bonds as obligation of a poli-
tical subdivision. Revenue bonds, including
refunding revenue bonds and bond antic-
ipation notes issued under ORS 268.600 to
268.660, shall be considered to be bonds or
obligations of a political subdivision of the
State of Oregon for the purposes of all laws
of the state. [1977 c.95 §14; 1987 c.623 §51
268.660 Effect of ORS 268.600 to
268.660. ORS 268.600 to 268.660 are addi-
tional, alternative and supplemental author-
ity for a district and shall not abrogate any
ower, right or authority otherwise granted
y law to a district. [1977 c.95 §151
266.700 [1969 c.700 §29; repealed by 1971 c.727 §2031
268.710 Electors of county may adopt,
amend, revise or repeal district charter;
limitation on certain actions. (1) The elec-
tors 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 amend-
ment, 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 Janu-
ary 1, 1999, unless such law specifically pro-
vides 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, 268.300,
268.310, 268.317, 268.318, 268.320, 268.330,
268.340, 268.345, 268.357, 268.360, 268.370,
268.500, 268.505, 268.507, 268.520, 268.525,
268.530, 268.590, 268.600 to 268.660 and
268.990. To the extent that provisions of a
district charter limit the exercise of a power
granted by the statutes listed in this subsec-
tion, the provisions of the district charter
shall be given full force and effect. In addi-
tion to any authority expressly granted to a
metropolitan service district by the Legisla-
tive Assembly, a district charter is an inde-
pendent grant of authority by the affected
electorate pursuant to section 1 (5), Article
IV and section 2, Article XI of the Oregon
Constitution.
Title 24 Page 102 (2007 Edition)
METROPOLITAN SERVICE DISTRICTS
(3) A charter of a metropolitan service
district shall prescribe the organization of
the district government and shall provide di-
rectly, or by its authority, for the number,
election or appointment, qualifications, ten-
ure, 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 govern-
ment ethics shall be construed to include any
district officer who serves in an elective of-
fice 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, the land
use planning authority granted to a district
under ORS chapter 268 is a matter of state-
wide concern. Provisions of a district charter
and implementing ordinances adopted and ef-
fective on January 1, 1997, that establish
procedural requirements relating to the ex-
ercise of land use planning authority of the
district, including but not limited to require-
ments for local government advisory com-
mittees, are supplementary to ORS 268.380,
268.385, 268.390 and ORS chapter 197. After
January 1, 1997, no person may commence
or maintain an action to challenge the valid-
ity of such district charter provisions or im-
plementing ordinances on the basis of
inconsistency or conflict with the procedural
requirements of ORS 268.380, 268.385 or
268.390 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 dis-
trict officers, their powers and duties and the
election of such officers shall continue in ef-
fect 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]
Note: 268.710 was enacted into law by the Legisla-
tive Assembly but was not added to or made a part of
ORS chapter 268 or any series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther explanation.
268.715 [1991 c.72 §2; repealed by 1997 c.833 §271
268.720 [1991 c.72 §3; repealed by 1997 c.833 §271
268.725 [1991 c.72 §4; repealed by 1997 c.833 §271
268.730 [1991 c.72 §5; repealed by 1997 c.833 §271
268.735 [1991 c.72 §8; repealed by 1997 c.833 §271
268.740 [1991 c.72 §7; repealed by 1997 c.833 §271
PENALTIES
268.990 Penalties; jurisdiction. (1) Vio-
lation of any ordinance, rule or regulation
adopted by a district shall be punishable by
a fine of not more than $500 or by imprison-
ment in a county jail for not more than 30
days or by both.
(2) Any penalty for such a violation may
be imposed or enforced by the district in the
circuit court of the state for the county
where the violation takes place. [1969 c.700 §251
CHAPTER 269
[Reserved for expansion]
Title 24 Page 103 (2007 Edition)
Metro: The Metro Charter
Metro I People places. Open spaces.
ATTACHMENT 6
nadv� earoh
NEWS
The Metro Charter
HOME
The charter states that Metro's primary responsibility is regional land -use planning. To that
PLACES AND ACTIVITIES
ABOUT METRO ) MISSION, CHARTER AND CODE ) THE METRO CHARTER
ABOUT METRO
Learn about the Metro Charter, which was approved by voters in 1992
GARBAGE AND RECYCLING
and amended in November 2000.
SUSTAINABLE LIVING
• 2040 Growth Concept (1994)
OFFICE OF THE AUDITOR
Preamble
PLANNING AND CONSERVATION
• Regional Framework Plan (1997).
PARTICIPATION
We, the people of the Portland area metropolitan service district, in order to establish an
MAPS AND DATA
elected, visible and accountable regional government that is responsive to the citizens of the
FINANCES AND FUNDING
region and works cooperatively with our local governments; that undertakes, as its most
GRANTS
important service, planning and policy making to preserve and enhance the quality of life and
MANAGEMENT AND WORK
the environment for ourselves and future generations; and that provides regional services
]OBS AT METRO
needed and desired by the citizens in an efficient and effective manner, do ordain this charter
HOW ARE WE DOING?
for the Portland area metropolitan service district, to be known as Metro. — November 1992
VOLUNTEER
• Oregon Convention Center, and other trade and spectator buildings
DOING BUSINESS
Read the full text of the Metro Charter
ATTACHMENT 6
nadv� earoh
NEWS
Metro responsibilities
CALENDAR
The charter states that Metro's primary responsibility is regional land -use planning. To that
end, Metro has completed a number of tasks required by charter, including passage of:
ABOUT METRO
• Regional Urban Growth Goals and Objectives (1991)
METRO COUNCIL
• 2040 Growth Concept (1994)
OFFICE OF THE AUDITOR
• The Future Vision (1995)
COMMITTEES AND PUBLIC
• Regional Framework Plan (1997).
PARTICIPATION
• Regional Transportation Plan (2000).
MISSION, CHARTER AND CODE
Although the charter makes regional land -use planning Metro's primary responsibility, it also
FINANCES AND FUNDING
recognizes the significant role Metro has played and will continue to play in other regional
issues. Those other issues include:
MANAGEMENT AND WORK
TEAMS
• operation of a solid waste disposal system
HOW ARE WE DOING?
• operation of regional facilities such as Metro's Oregon Zoo, the
• Oregon Convention Center, and other trade and spectator buildings
PUBLIC RECORDS REQUESTS
. acquisition and management of a system of parks and open spaces
CONTACT METRO
• planning and response coordination for natural disasters
• development and marketing of data.
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The charter also recognizes that regional government and regional issues evolve over time.
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The charter grants Metro authority to assume responsibility for issues of "metropolitan
concem." This authority allows Metro to work with cities and counties, as needed, to develop
Metro
common solutions to problems that are difficult to address at the local level because they
503-797-1700
exceed local boundaries.
503-797-1804 TDD
503-797-1797 fax
Metro funding
The charter gives Metro authority to ask for voter approval for broad-based revenue sources
such as a property tax, sales tax or income tax. Metro's only property tax levy for operations is
dedicated to the Oregon Zoo. Voters also have approved specific, limited -duration capital
levies for natural area acquisitions, construction of the Oregon Convention Center (phase 1)
and construction of the Great Northwest exhibit at Metro's Oregon Zoo.
The charter also grants the council authority to adopt taxes of limited applicability without a
vote of the people, but only after review by a citizen tax study committee. Expenditures of
these "niche taxes" are limited by the charter to $15,472,000 in FY 2000-01. The only niche
tax currently levied by Metro is an excise tax on Metro's goods and services. Resulting tax
revenues help fund planning, parks and open spaces operations and general governing duties.
Metro structure
The Metro Council consists of a president who is elected regionwide and six councilors who
are elected by district every four years in nonpartisan races. The president presides over the
council, sets its policy agenda, and appoints all members of Metro committees, commissions,
and boards.
The Metro Auditor, elected regionwide, operates independently from the Metro Council and is
responsible for oversight of Metro's annual financial statements and conducting performance
audits.
The Council appoints a chief operating officer to carry out Council policies and manage Metro
operations. The chief operating officer oversees a diverse workforce of more than 1,600
employees. These include specialists such as park rangers, economists, teachers, scientists,
designers, planners, zoo keepers, stage hands and cartographers.
The Metro Charter links the salaries of Metro's elected officials to the salary of Oregon circuit
court judges (about $111,000 per year), which is set by the Oregon Legislature, The Council
President eams the same pay as an Oregon circuit court judge, The other six Metro
Councilors earn one-third and the Metro Auditor eams four-fifths the salary of an Oregon
circuit court judge.
http://www.metro-region.org/index.cfm/go/by.web/id/211 02/02/2009
Metro: Urban Growth Management Functional Plan
Metro I People places. Open spaces.
HOME Urban Growth Management Functional Plan
PLACES AND ACTIVITIES PLANNING AND CONSERVATION > REGIONAL VISION AND POLICY > MAKING THE GREATEST PLACE t
URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN
ATTACHMENT 7
�d�VdM1C ed SQdICf.
GARBAGE AND RECYCLING
The functional plan provides tools that help meet goals in the 2040
SUSTAINABLE LIVING
Growth Concept, Metro's long-range growth management plan.
PLANNING AND CONSERVATION
The Urban Growth Management Functional Plan is Section 3.07 of the Metro Code. The 13
titles in that section are summarized below.
REGIONAL VISION AND POLICY
Download the full Urban Growth Management Functional Plan (240K PDF, 121 pages)
LAND AND DEVELOPMENT
Title 1 (Metro Code Sections 3.07.110 — 3.07.170) — Requirements for Housing
TRANSPORTATION
and Employment Accommodation
NATURAL AREAS, PARKS AND
This section of the Functional Plan facilitates efficient use of land within the Urban Growth
TRAILS
Boundary (UGB). Each city and county has determined its capacity for providing housing and
employment which serves as their baseline and if a city or county chooses to reduce capacity
MANAGING GARBAGE AND
in one location, it must transfer that capacity to another location. Cities and counties must
RECYCLING
report changes in capacity annually to Metro.
MAPS AND DATA
Title 2 (Metro Code Sections 3.07.210 — 3.07.220) — Regional Parking Policy
GRANTS
The Metro 2040 Growth Concept calls for more compact development to encourage more
efficient use of land, promote non -auto trips and protect air quality. In addition, the federally
7085 AT METRO
mandated air quality plan adopted by the state relies on the 2040 Growth Concept fully
achieving its transportation objectives. This title establishes regionwide parking policies that
VOLUNTEER
set the minimum number of parking spaces that can be required by local governments for
DOING BUSINESS
certain types of new development. It does not affect existing development. Parking maximums
are also specified. By not creating an over supply of parking, urban land can be used most
NEWS
efficiently.
CALENDAR
Title 3 (Metro Code Sections 3.07.310 — 3.07.370) — Water Quality, Flood
Management and Fish and Wildlife Conservation
ABOUT METRO
The goal of the Stream and Floodplain Protection Plan (Title 3) is to protect the region's health
and public safety by reducing flood and landslide hazards, controlling soil erosion and
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reducing pollution of the region's waterways. Title 3 specifically implements the Oregon
Send feedback to Metro
Statewide Land Use Goals 6 and 7 by protecting streams, rivers, wetlands and floodplains by
avoiding, limiting or mitigating the impact on these areas from development,
Metro
Title 3 contains performance standards to protect against flooding. The standards limit
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development in a manner that requires balanced cut and fill and requires floor elevations at
503-797-1804 TDD
least one foot above the flood hazard standard. The areas subject to these requirements have
503-797-1797 fax
been mapped and adopted by the Metro Council, specifically, the FEMA 100 -year floodplain
and the area of inundation for the February 1996 flood.
Title 3 also contains performance standards related to streams, rivers and wetlands. The
purpose of these standards is to protect and allow enhancement of water quality. The water
quality areas are rivers and streams with a protected vegetated corridor width depending on
the slope of the stream and the number of acres drained by the stream. Typically, the
vegetated corridor is 50 feet wide. The performance standards require erosion and sediment
control, planting of native vegetation on the stream banks when new development occurs and
prohibition of the storage of new uses of uncontained hazardous material in water quality
areas.
Finally Title 3 directs Metro to establish performance standards to protect regionally significant
fish and wild habitat areas. This work is underway and will implement Oregon Statewide Land
Use Goal 5.
Title 4 (Metro Code Sections 3.-07.410 — 3.07.440) — Industrial and Other
Employment Areas
Title 4 places restrictions of certain uses in three designations on the 2040 Growth Concept
Map.
In Regionally Significant Industrial Areas, non -industrial uses are limited to:
• Retail uses less than 20,000 square feet and amounting to only 5 percent of the contiguous
Regionally Significant Industrial Area
• Commercial office uses that are not accessory to the industrial uses with the exception of
large corporate headquarters, and;
• Uses necessary to serve the needs of businesses and employees of the Regionally
Significant Industrial Area.
In Industrial Areas, non -industrial uses are limited to less than 20,000 square feet and amount
to 10 percent of the Industrial Area,
In Employment Areas, retail uses are limited to less than 60,000 square feet. This can be
increased if it is demonstrated that transportation facilities are adequate to serve the retail use
and to serve other planned uses in the Employment Area.
Title 5 (Metro Code Sections 3.07.510-3.07.540) — Neighbor Cities and Rural
Reserves
http://www.oregonmetro.gov/index.cfin/goiby.web/id=274 02/02/2009
Metro: Urban Growth Management Functional Plan
This section of the Functional Plan directs Metro to work with its neighbor cities to protect
common locations for green corridors along transportation corridors connecting the Metro
region and each neighboring city. The intent is to protect the land along these corridors from
continuous strip development to maintain their rural character and agricultural economy.
Metro's neighboring cities are Canby, Sandy and North Plains.
Title 5 requests that the counties and the cities adjacent to green corridors and rural reserves
adopt comprehensive plan policies to reflect the rural reserve policies contained in the 2040
Growth Concept.
Title 6 (Metro Code Sections 3.07.610 — 3.07.650) — Central City, Regional
Centers, Town Centers and Station Communities
The intention of Title 6 is to enhance the Centers designated on 2040 Growth Concept Map by
encouraging development in these Centers. Metro will work with cities and counties to
implement development strategies which will include an analysis of the bamers to
development, an accelerated review process for preferred types of development, an analysis
of incentives to encourage development and a program to adopt the incentives. Cities and
counties are encouraged to site government offices in Centers and are required to report on
the progress made in their Centers to Metro every two years.
Title 7 (Metro Code Sections 3.07.710-3.07.760) —Affordable Housing
This section of the functional plan will ensure that all cities and counties in the region are
providing opportunities for affordable housing for households of all income levels.
The intent of Title 7 is to provide a choice of housing types, reduce barriers to sufficient and
affordable housing for all income levels in the region, create housing opportunities
commensurate with the wage rates of jobs available across the region, initiate a process for
addressing current and future needs for affordable housing, and reduce concentrations of
poverty.
Local jurisdictions are required to report on land -use and non -land -use tools and strategies
they have considered for adoption by January 31, 2002; to report on status of comprehensive
plans amendments and adoption of affordable housing land -use tools by December 31, 2003;
and to report on the amendments to comprehensive plans, outcomes of affordable housing
tools implemented and any other affordable housing developed and expected by June 30,
2004.
Title 8 (Metro Code Sections 3.07.810-3.07.890) — Compliance Procedures
This title ensures that all cities and counties in the region are fairly and equitably held to the
same standards and that the Metro 2040 Growth Concept is implemented. It sets out
compliance procedures and establishes a process for time extensions and exemptions to
Metro Code requirements.
Title 9 (Metro Code Sections 3.07.910-3.07.920) — Performance Measures
This title ensures that progress or lack of progress is measured in the implementation of the
Urban Growth Management Functional Plan (UGMFP) and the 2040 Growth Concept. This will
help ensure better program management. Indicators for monitoring and evaluating policies and
requirements in each Functional Plan title will be identified and reviewed by the Metro Policy
Advisory Committee (MPAC), the Joint Policy Advisory Committee on Transportation (JPACT)
and adopted by the Metro Council. Metro will gather the data necessary for measuring
progress with the assistance of the local jurisdictions. Analysis of the data will include reporting
at the regional level, jurisdiction levels and Growth Concept design type boundaries or center
areas.
Where appropriate, benchmarks will be formulated for key indicators to, at very least, gauge
advancement towards the goals of each of the above titles and those in the 2040 Growth
Concept. Each biennium, Metro will gather and analyze data and determine the level of
progress towards the goals. Policies will be developed for adjusting the regional plans based
on actual performance.
Title 10 (Metro Code Section 3.07.1010) — Definitions
This title defines the words and terms used in the document.
Title 11 (Metro Code Sections 3.07.1105 — 3.07.1140) — Planning for New
Urban Areas
The purpose of this title is to guide planning of areas brought into the UGB for conversion from
rural to urban use. All land added to the UGB shall be included within a city's or county's
comprehensive plan prior to urbanization. The comprehensive plan amendment must be
consistent with all applicable titles of this Functional Plan. Title 11 lists ten provisions that need
to be addressed in the comprehensive plan amendment including an urban growth plan
diagram and policies consistent with the Regional Framework Plan and adopted 2040 Growth
Concept design types.
Title 12 (Metro Code Sections 3.07.1210 — 3.07.1240) — Protection of
Residential Neighborhoods
The purpose of this title Is to protect the region's existing residential neighborhoods from air
and water pollution, noise and crime, and to provide adequate levels of public services.
Title 13 (Metro Code Sections 3.07.130 - 3.07.1370) - Nature in Neighborhoods
The purpose of this title is to conserve, protect and restore a continuous ecologically viable
streamside corridor system that is integrated with upland wildlife habitat and the surrounding
urban landscape.
Revised/Updated 1215/07
NEED ASSISTANCE?
Metro land -use planning
503-797-1562
2040@oregonmetro, gov
Page 2 of 3
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Stephan's Recommendation for the Contents of Every City Plan
1. Introduction —
Tell what the Plan is and how it will be used. Provide
background and context.
2. Vision —
This should be an articulate description of what the
community will become, through the implementation of this
Plan.
3. Goals
4. Discussion of opportunities and constraints --
5. Policies —
Which should clearly articulate a commitment on the part of
the City Council. Appropriate policy language would start
with, "The City of Lake Oswego shall... " (and not, "The City
might, at some point, if it seems like a good idea at the time...')
6. Implementation steps or action measures —
a. List the specific steps to be taken. (The more specificity the
better.)
b. List who will be responsible for each step.
c. Estimate how much each step will cost, and what is the
anticipated source of revenue.
d. Indicate how long each step should take.
7. Schedule for future review and reconsideration.
Stephan's Six -Step Approach to Planning
Start by gathering every piece of relevant information you can find concerning
the community. This includes everything from demographics to geology, from
transportation systems to community values, from utility systems to natural
resources. This compilation of background data should be an ongoing process.
1. Ask the following questions: "What is it that we are trying to
accomplish?" "What are our Goals for the community?"
(Questions that "visioning" is intended to help you answer.)
2. What are the opportunities to help (and constraints to hinder)
in our effort to achieve our goals?
3. How can we:
a. Take advantage of the opportunities?
b. Avoid, minimize or mitigate the constraints?
4. Using the opportunities and dealing with the constraints, what
course do we chart to achieve our objectives? In other words,
what is the plan?
5. Implementation:
a. List the specific steps to be taken.
b. Who will be responsible for each step?
c. How much will each step cost, and what is the anticipated
source of revenue?
d. How long will each step take?
6. Commit to periodically reopen the process and verify that the
vision remains intact, that the plan of action is still workable,
and that the implementation steps are being completed. If
something is broken, fix it. If not, proclaim it to be working
and celebrate it.
Tree Code Fundamentals
LOC 55.02.035 — If tree removal is anticipated as a result of a development proposal
classified as either a "minor development" or a "major development," the tree removal
application will be reviewed as part of that development review.
LOC 55.02.042 — Type I permit — removal of one or two trees, not exceeding 10" in
diameter, in a calendar year. If specified Code standards are met, Type I permits are
approved without discretionary review.
LOC 55.02.080 — Type II permit — subject to more complicated and discretionary standards:
1. Removal is for landscaping purposes or to allow for development permitted by the
City;
2. Removal will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees, or existing windbreaks;
3. Removal will not have a significant negative impact on the character, aesthetics, or
property values of the neighborhood;
4. Removal is not for the sole purpose of enhancing views; and
5. Mitigation is required.
Permits are also required to remove dead or hazardous trees, to verify that tree protection
fencing has been properly installed, and to verify that the proper trees have been designated
for removal (after removal has been approved).
Tree Continuum — policy discussion 2
Tree Removal Continuum (trees and new construction)
Policy concept for discussion purposes — not intended to apply to protected tree groves or
other mapped sensitive land areas:
Any tree on private property can be removed at the property owner's discretion.
2. Any tree on private property can be removed at the property owner's discretion,
provided that the tree was planted by the property owner.
3. Any tree within the building setbacks on private property can be removed at the
property owner's discretion.
4. Any tree within the footprint of a proposed building can be removed at the property
owner's discretion.
Certain trees within the footprint of a proposed building can be removed at the
property owner's discretion. Regulations varied by size and species of tree.
6. Property owners are encouraged to avoid or minimize impacts on trees, but not
required to so.
7. The City may require minor modifications to proposed building designs to avoid or
minimize impacts on trees.
The City may require that any buildings be designed to avoid or minimize impacts on
trees.
9. No tree on private property can be removed unless it is needed to mitigate an
emergency or prevent a hazardous condition.
Tree Continuum — policy discussion