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Special District White Paper — Draft for Internal Review 3. A proposed first -year line item operating budget and a projected third -year line item operating budget demonstrating the district's economic feasibility. • If the petition is for formation or proposes a tax limit for a CSD that does not yet have one, a permanent property tax rate limit for operating taxes sufficient to support the services and functions described in the economic feasibility statement shall be included. However, a permanent tax rate limit need not be included if no tax revenue is needed to support the proposal. • If the petition is by electors, a minimum of 15 percent or 100 voters, whichever is more, within the territory included in the proposed district must sign the petition. • Signatures many not are obtained more than six months prior to submission to the county clerk. • A petition which includes a proposal for a permanent tax rate limit shall be filed not later than 180 days before the date of the next biennial primary election of general election at which the petition will be voted on. • If part or all of a district is within a city, the petition shall be accompanied by a city council resolution approving the petition. Territory within a city may not be included in a special district without the approval of the city council. • The petition s ell describe the boundaries of he a ected territory, designate the special I district's princi al ct, b y attached an assessor'ecadastral map, ant any applicable fees shall be p id `, ; i i I • A sec dep noI to e x ce e d � $1,,0� rest acgompany a petition. • The county cl must certify the signatures on'the petition within 10 days of filing. • If the petition i for a, road d distr1ict, or pot district, the county board of commissioners then scedules and h 'IdspuI Iic' learings on the proposal. • If the proposal [is,.for~a- parkand r`e atibn d1str ct,_county service district, rural fire protection district, or library district, the petition if forwarded to the boundary commission for review and hearings. • After approval of the proposal by the Boundary Commission or the County Board, whichever has jurisdiction, the county board then places the proposal on the next biennial primary or general election ballot. Candidates for the new districts board are also to be voted upon in this election. Double majority requirements apply. • Within 30 days after the election, the county board shall issue an order establishing or dismissing the proposal to reflect the vote. Discussion of Formation Process In Lane County, the County Board of Commissioners receives the filing for the proposed new district and must determine that all legal requirements have been met. Within 10 days of determining that the legal requirements have been met, the county board forwards the petition to the Lane County Local Government Boundary Commission if the proposed district is under the jurisdiction of the Boundary Commission. In this case the Boundary Commission has the responsibility for reviewing the formation request for these types of districts, including adjusting the boundaries, approving or denying the proposal, many of the county functions are simply ministerial in nature. After receiving a petition, the Boundary Commission must conduct a study, hold one or more public hearings, make a decision and file its final order within 120 days. The Commission must base its order on the study and hearings. These specific statutory requirements don't apply to the county board in the case of a port district or county road district, although the County Board also must hold one or more hearings on a petition related to these special districts. Draft #5 Page 20 10/24/01