2007 Oregon Code - Chapter 838 :: Chapter 838 - Airport Districts
Chapter 838 —
Airport Districts
2007 EDITION
AIRPORT DISTRICTS
AVIATION
838.005Â Â Â Â Definitions
838.010Â Â Â Â Establishing
district; election; tax rate limit; prerequisite for inclusion of county;
prerequisite for inclusion of airport owned by city
838.015Â Â Â Â Establishing
tax rate limit
838.020Â Â Â Â Governing
body of district; first terms and meeting
838.025Â Â Â Â Election
laws apply
838.030Â Â Â Â Officers
of board; vacancies; rules of procedure
838.035Â Â Â Â District
838.040Â Â Â Â Powers
of district
838.045Â Â Â Â Regulations
838.050Â Â Â Â Employees
838.055Â Â Â Â Contracting
to carry out functions
838.060Â Â Â Â Ad
valorem taxation; special tax; collection
838.065Â Â Â Â General
obligation bonds; amount; maturity; revenue bonds; issuance
838.070Â Â Â Â General
obligation bond election
838.075Â Â Â Â Refunding
bonds
     838.005
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “District” means an airport district
established under this chapter.
     (2) “District board” means the governing
body of the district. [Formerly 494.010]
     838.010
Establishing district; election; tax rate limit; prerequisite for inclusion of
county; prerequisite for inclusion of airport owned by city. (1) In addition to initiatory action
authorized by ORS 198.705 to 198.955, proceedings to establish a district may
be initiated by:
     (a) A resolution adopted by the governing
body of the most populous county in the proposed district and filed with the
governing body of the principal county in the proposed district, petitioning
that body to call the election; or
     (b) A resolution adopted by the governing
body of any city owning an airport within the proposed district and filed with
the governing body of the principal county in the proposed district,
petitioning that body to call an election.
     (2) The petition or resolution initiating formation
may request that the election to establish the district be held at the same
time as an election to establish a permanent rate limit on operating taxes
within the meaning of section 11 (3)(c), Article XI of the Oregon Constitution.
If the petition or resolution does so, the election shall be held at that time
and shall also request that the proposition to be voted on include a proposed
permanent rate limit for operating taxes for the district within the meaning of
section 11 (3), Article XI of the Oregon Constitution. If the petition or
resolution does so, the proposition to be voted on at the election shall
include a proposed permanent rate limit for the district, in accordance with
the petition or resolution.
     (3) After initiatory action has been taken
pursuant to this section, airport district formation shall be conducted and
completed as provided by ORS 198.705 to 198.955 except that where areas from
more than one county are proposed to be included in the district, the election
for district board members may be held at a date later than the election for
formation, if successful. The later election for board members may also propose
establishment of a district permanent rate limit for operating taxes.
     (4) No county or portion thereof shall be
included within a district unless a majority of the electors in the county
approve the inclusion of such county or portion thereof within the district.
     (5) No district shall include an airport
owned by a city unless the governing body of such city has adopted a resolution
approving the inclusion of the airport within such district or a majority of
the electors within the city voting on the proposal approve the inclusion of
the airport. [Formerly 494.020; 1997 c.541 §387]
     838.015
Establishing tax rate limit.
A permanent rate limit for operating taxes within the meaning of section 11
(3), Article XI of the Oregon Constitution, may be established for a district
at the same election at which the district is established or at the first
election of district board members, where that election is held after district
establishment. If the petition or resolution for initiating proceedings to
establish the district contains both requests authorized by ORS 838.010 (2),
the county governing body that calls the election shall confer about the
proposed permanent rate limit with the governing bodies of all counties and
cities having territory in the proposed district and shall then determine the
rate limit to be proposed for the district. The proposition submitted to the
electors of the district for the purpose of establishing the district shall
propose the rate limit specified by the county governing body. The rate limit
so proposed shall be the initial permanent rate limit for operating taxes of
the district within the meaning of section 11 (3), Article XI of the Oregon
Constitution, if the district is established at the election. [Formerly
494.030; 1997 c.541 §388; 1999 c.21 §79]
     838.020
Governing body of district; first terms and meeting. (1) The governing body of a district shall
be a district board consisting of five or seven members elected from the
district at large. Except as provided in subsection (2) of this section, the
term of district board member is four years. Candidates for the first district
board shall be nominated as provided in ORS 255.235 and elected as provided in
ORS 198.705 to 198.955 and 838.010.
     (2) Not later than the 40th day after the
first board members are elected, the district board members shall meet and
organize as a board, first making and subscribing to an oath of office.
Notwithstanding the term of office specified in subsection (1) of this section,
the term of each board member shall be determined by lot at the first meeting
of the board as follows:
     (a) Of the members first elected to a seven-member
board:
     (A) The terms of four members shall expire
June 30 next following the first regular district election; and
     (B) The terms of three members shall
expire June 30 next following the second regular district election.
     (b) Of the members first elected to a
five-member board:
     (A) The terms of three members shall
expire June 30 next following the first regular district election; and
     (B) The terms of two members shall expire
June 30 next following the second regular district election.
     (3) The chairperson of the county
governing body that calls the election on establishing the district shall
convene the first meeting of the district board and shall serve as chairperson
of the first meeting until the members choose a permanent chairperson. [Formerly
494.040]
     838.025
Election laws apply. (1) ORS
chapter 255 governs the following:
     (a) The nomination and election of
district board members.
     (b) The conduct of district elections.
     (2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [Formerly 494.043]
     838.030
Officers of board; vacancies; rules of procedure. (1) At its first meeting after July 1 each
year the district board shall choose a chairperson for the ensuing year. The
chairperson shall be the presiding officer of the board and have whatever
additional functions the board prescribes.
     (2) Vacancies shall be filled as provided
in ORS 198.320.
     (3) The district board may adopt and
enforce rules of procedure governing its proceedings. [Formerly 494.046]
     838.035
District. (1) An airport
district has full power to carry out the objectives of its formation and to
that end may have and use a seal, have perpetual succession, sue and be sued in
its own name, and enter into contracts.
     (2) Except as this chapter provides to the
contrary, the powers of the district shall be vested in the district board of
the district.
     (3) An airport district formed under this
chapter shall be considered a district for all purposes in ORS chapter 198. [Formerly
494.050; 2003 c.802 §158]
     838.040
Powers of district. A
district may establish, construct, expand or lease, control, equip, improve,
maintain, operate, police and regulate airports and air navigation facilities,
and to this end may exercise all the functions and powers provided in ORS
836.200 to 836.250 and may acquire by lease, purchase, gift, devise,
condemnation proceedings or otherwise such real and personal property and
rights of way, either within or without the limits of the district as, in the
judgment of the board, are necessary or proper. [Formerly 494.060]
     838.045
Regulations. The district
board in accordance with ORS 198.510 to 198.600 may by ordinance make, modify
or abolish regulations as convenient or necessary to provide for policing or
regulating the use of airports, and any facilities located at or in conjunction
with airports, owned, operated, leased, maintained or controlled by the
district. [Formerly 494.070]
     838.050
Employees. The district
board may employ whatever administrative, clerical, technical and other
assistance is necessary for the proper functioning of the district, on whatever
terms the board considers in the best interests of the district. [Formerly
494.080]
     838.055
Contracting to carry out functions. A district may contract with any public or private agency for the
agency to operate any facility or perform any function that the district is
authorized to operate or perform. By contract the district may assume any
function of any public corporation, city or county in the district that the
district has power to assume under this chapter. [Formerly 494.090]
     838.060
Ad valorem taxation; special tax; collection. (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 the district, computed 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 interest on bonds previously issued by the
district and then outstanding, together with any portion of the principal of
such bonds maturing within the year. The special tax shall be applied only in
payment of the interest and principal of bonds issued by the corporation, 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
as provided in ORS 310.060. 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 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 corporation 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. [Formerly 494.110;
1991 c.459 §444]
     838.065
General obligation bonds; amount; maturity; revenue bonds; issuance. (1) For the purpose of performing any
service that the district 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 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) For the purpose of performing any of
the powers conferred by this chapter a district, without the necessity of an
election held for such purpose, shall have the power to borrow money by the
issuance and sale also of revenue bonds and to pledge as security therefor, all
or any part of the unobligated net income or revenue of the district. The
revenue bonds shall be payable both as to principal and interest from revenues
only. The revenue bonds shall not be subject to the percentage limitation
applicable to general obligation bonds and shall not be a lien on any of the
taxable property within the limits of the district and shall be payable solely
from such part of revenues of the district as remains after the payment of
obligations having a priority and of all expenses of operation and maintenance
of the district. All revenue bonds shall contain a provision that both the
principal and interest are payable solely from the operating revenues of the
district remaining after paying such obligations and expenses.
     (3) All general obligation bonds and
revenue bonds shall be issued as prescribed in ORS chapter 287A. [Formerly
494.120; 1991 c.459 §445; 2007 c.783 §232]
     838.070
General obligation bond election. Elections for the purpose of voting on the question of borrowing funds
by issuance and sale of general obligation bonds shall be called by the
district board. [Formerly 494.130]
     838.075
Refunding bonds. Refunding
bonds of the same character and tenor as those replaced thereby may be issued
pursuant to a resolution adopted by the district board without submitting to
the electors the question of authorizing the issuance of the bonds. [Formerly
494.140]
_______________
TITLES 63 et seq.
CHAPTERS 839 et seq.
[Reserved for expansion]
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