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Special District White Paper — Draft for Internal Review The Boundary Commission or County Board may approve the formation petition as submitted, approve it with boundary modifications only, or deny the request. If the Boundary Commission approves the petition it forwards its final order to the County Board. If the proposal is for formation of a district and a permanent tax rate limit for operating revenues is proposed, placing the proposal on a primary or general election ballot is mandatory, and it is subject to the constitutional double majority requirement. The single question placed on the ballot is to contain two parts: (a) should the district be formed and (b) should the proposed permanent operating tax rate limit be approved. (Details on the necessary steps are listed in Appendix F.) The double majority requirement may be difficult to meet. In many primary elections, a majority of electors may not vote and the measure then cannot pass even if it gets the support of a majority of those voting. Many governments prefer to place revenue measures on the general election ballot in an even- numbered year, which is a permitted alternative to the double majority requirement. This defines the timeframe for formation of a new special district with a permanent maximum rate limit. The next general election ballot in Oregon will be on November 5, 2002. If a measure is to go on the 2002 general ballot and appear in the City voters' pamphlet, it must be fully approved by the undary Comrnissi or County Board and; -- ready#or the ballot by mid - August, 2002. Si a the M tr Plan must b amended in a process that clan take 12 months, this timeline i ur`r alistic,I The general klption in November2004; which is a presidential election y ar, is prop bly-a -more realistic target date: } Appendix G shows co p rafivejti elinespr ffrn1ation•:processes targeting both the 2002 and the 2004 November a ect on's ss umin0 comprehensive plan changes: will be required, property taxes will be used to finance �erations 'pf ti\e di;;tnc{, and the question is placed on the general election ballot. Annexation of Territory to a Special District An annexation proposal to join an area to an existing special district may be initiated by resolution of the affected district board, by petition of electors, by resolution of the Boundary Commission for districts under its jurisdiction. If the annexation proposal includes the territory of a city, the city council must have approved the petition prior to filing. Territory within an existing special district may not be annexed to another district subject to the same principal Act. If the district is not subject to the Boundary Commission, the annexation petition is filed with the County Board of Commissioners. Again, if the annexation proposal includes the territory of a city, the city council must have approved the petition. In reviewing the petition, the Board of Commissioners is directed by statute to consider the local comprehensive plans for the area.. An election on the proposal must be held in both the district and the area proposed for annexation. This would apply to county road districts and port districts. A simple majority in both the district and the territory proposed for annexation is required; the double majority requirement does not apply to annexation elections. The Boundary Commission has jurisdiction in the case of annexation to a park and recreation district, county service district, rural fire protection district or library district. In this case, the County is not involved, and the annexation proposal is filed with the Boundary Commission. Once all filing requirements have been met, the Commission must act upon the proposal within 90 days of submission unless the involved parties agree to a postponement. If the Commission Draft #5 Page 21 10/24/01