2007 Oregon Code - Chapter 267 :: Chapter 267 - Mass Transit Districts - Transportation Districts
Chapter 267 —
Mass Transit Districts; Transportation Districts
2007 EDITION
MASS TRANSIT AND TRANSPORTATION DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
VEHICLE REGISTRATION FEES
267.001Â Â Â Â Authority
of certain mass transit and transportation districts to impose vehicle
registration fees
MASS TRANSIT DISTRICTS
(Generally)
267.010Â Â Â Â Definitions
for ORS 267.010 to 267.390
267.020Â Â Â Â Transfer
of transit system to metropolitan service district; effect of transfer order
267.030Â Â Â Â Use
of alternative fuels for certain district vehicles; exceptions; annual report;
application to all district vehicles
(Formation)
267.080Â Â Â Â Creation
of district; district jurisdiction
267.085Â Â Â Â Resolution
to form district; content; filing
267.090Â Â Â Â Directors;
appointment; term; vacancies; Governor to fix time of first meeting
267.095Â Â Â Â Terms
of directors first appointed
267.097Â Â Â Â Governor
to solicit recommendations for director in standard metropolitan statistical
area with population over 400,000
267.107Â Â Â Â Resolution
to create certain districts; contents
267.108Â Â Â Â Director
election and district formation election under ORS 267.107 held at same time;
designation of subdistricts
267.109Â Â Â Â Costs
of election under ORS 267.107
267.112Â Â Â Â Directors
for districts formed under ORS 267.107; terms; vacancies; compensation and
expenses
267.114Â Â Â Â Minimum
area of district
(Board; Ordinances)
267.120Â Â Â Â Officers
of board; terms; oath
267.125Â Â Â Â Meetings
of board; quorum
267.130Â Â Â Â Additional
compensation prohibited
267.135Â Â Â Â General
manager; qualifications; term; removal
267.140Â Â Â Â Duties
of general manager
267.145Â Â Â Â General
managerÂ’s attendance at board meetings; pro tempore manager
267.150Â Â Â Â Ordinances;
regulating use of facilities; public hearings; route, schedule changes
267.170Â Â Â Â Initiative
and referendum
(Powers)
267.200Â Â Â Â Existence,
status and general powers of districts
267.203Â Â Â Â Authority
to enter into transaction for electricity or diesel fuel
267.205Â Â Â Â Classification
and designation of service areas; determination of area financing
267.207Â Â Â Â Change
of district boundaries; elector approval; withdrawal of service from area;
territorial jurisdiction of district; boundary commission exemption
267.208Â Â Â Â Effective
date of change of boundaries; filing boundary change with county assessor and
Department of Revenue
267.210Â Â Â Â Preparation
of general plan for mass transit system; content; revision
267.218Â Â Â Â Feasibility
reports and public bidding not required for construction and improvement
projects costing less than $50,000
267.225Â Â Â Â Intergovernmental
agreements; condemnation of authority; joint occupancy
267.227Â Â Â Â Relationship
with
267.230Â Â Â Â Exemption
from public utility or railroad regulation
267.235Â Â Â Â Protection
of employeesÂ’ rights when an operating transportation system is acquired
267.237Â Â Â Â Criminal
records check; fitness determinations; rules regarding dissemination
267.240Â Â Â Â Accessibility
of facilities and equipment to elderly and persons who have disabilities
267.245Â Â Â Â District
exempt from right of way fencing requirements
(Withdrawal of Territory From District)
267.250Â Â Â Â Definitions
for ORS 267.250 to 267.263
267.253Â Â Â Â Petition
for withdrawal from district; filing period; number of signatures; contents of
petition
267.255Â Â Â Â Hearing
on petition; notice
267.257Â Â Â Â Study
of area proposed to be withdrawn; approval or denial of withdrawal; judicial
review
267.260Â Â Â Â Withdrawal
ordinance; effective date; adjustment in district tax rate as result of
withdrawal
267.263Â Â Â Â Withdrawal
of territory not subject to boundary commission review
267.265Â Â Â Â Use
of moneys derived from withdrawal of territory from district
(Finances)
267.300Â Â Â Â Authority
of district to finance system
267.302Â Â Â Â Restrictions
on financing for districts formed under ORS 267.107
267.305Â Â Â Â Levy,
collection, enforcement of ad valorem taxes
267.310Â Â Â Â Revolving
fund; authority to levy ad valorem taxes for fund
267.320Â Â Â Â User
charges, fees and tolls; persons over 65
267.325Â Â Â Â Lease
purchase agreements
267.330Â Â Â Â General
obligation bonds; conditions; interest rate; payment of principal and interest;
pledge of net revenue
267.334Â Â Â Â Electoral
approval for issuance of general obligation bonds by Tri-Met to fund extension
of light rail
267.335Â Â Â Â Authority
to issue revenue bonds; interest-bearing warrants
267.340Â Â Â Â Refunding
bonds
267.345Â Â Â Â Issuance
of bonds
267.360Â Â Â Â Business,
trade, occupational and professional licenses and fees; exceptions
267.370Â Â Â Â District
taxing authority
267.380Â Â Â Â Definitions
for ORS 267.380 and 267.385
267.385Â Â Â Â Employer
payroll tax; collection; enforcement
267.390Â Â Â Â Acceptance
of funds from
267.400Â Â Â Â Authority
to issue short-term obligations; conditions
267.410Â Â Â Â Certain
districts authorized to impose employer payroll tax on state agencies and
political subdivisions
267.420Â Â Â Â Employer
payroll tax on State of
267.430Â Â Â Â Certain
state agencies exempt from employer payroll tax
TRANSPORTATION DISTRICTS
(Generally)
267.510Â Â Â Â Definitions
for ORS 267.510 to 267.650
267.515Â Â Â Â Application
of ORS chapter 255 to district
267.517Â Â Â Â Use
of alternative fuels for certain district vehicles; exceptions; annual report;
application to all district vehicles
(Formation)
267.520Â Â Â Â Method
of forming district
267.530Â Â Â Â Establishment
of permanent tax rate limit at time of formation
(Board)
267.540Â Â Â Â Governing
body; term; vacancies; chairperson; rules of procedure; report to legislature
(Powers)
267.550Â Â Â Â Status
of district
267.560Â Â Â Â General
powers
267.570Â Â Â Â Powers
relating to public transportation
267.575Â Â Â Â Preparation
of public transit system plan; contents; revision
267.580Â Â Â Â Employees
267.590Â Â Â Â Interagency
agreements
267.610Â Â Â Â Exemption
from public utility regulation
(Finances)
267.615Â Â Â Â Financing
methods
267.620Â Â Â Â Power
to levy taxes
267.622Â Â Â Â Filing
boundary change with county assessor and Department of Revenue
267.630Â Â Â Â Issuance
and sale of bonds
267.640Â Â Â Â Refunding
bonds
267.650Â Â Â Â Finance
elections
PENALTIES
267.990Â Â Â Â Penalties
VEHICLE REGISTRATION FEES
     267.001
Authority of certain mass transit and transportation districts to impose vehicle
registration fees. Subject
to ORS 801.040, 801.041, 801.042, 801.237 and 803.445, for the purpose of
exercising any power the district, as defined in ORS 801.237, is authorized to
exercise, the district may impose registration fees on vehicles under ORS 803.445.
[1989 c.864 §11]
MASS TRANSIT
DISTRICTS
(Generally)
     267.010
Definitions for ORS 267.010 to 267.390. As used in ORS 267.010 to 267.390, unless the context requires
otherwise:
     (1) “District” means a mass transit
district established under ORS 267.010 to 267.390.
     (2) “District board” or “board” means the
board of directors of a district.
     (3) “Mass transit system” or “transit
system” means the property, equipment and improvements of whatever nature
owned, used, constructed, maintained, controlled or operated to provide mass
transportation for passengers or to provide for the movement of people,
including park-and-ride stations, transfer stations, parking lots, malls, and
skyways, provided that nothing contained herein shall limit the power of a city
to exercise its general powers over or provide such stations, lots, malls, or
skyways.
     (4) “Standard metropolitan statistical
area” means an area designated and published by the United States Bureau of the
Budget as a standard metropolitan statistical area. [1969 c.643 §1; 1973 c.116 §1]
     267.020
Transfer of transit system to metropolitan service district; effect of transfer
order. When a metropolitan
service district organized under ORS chapter 268 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 district, whereupon:
     (1) The governing body of the transit
district shall transfer title to, and possession of, the transit system and of
all books, records, files, documents, and other property of the transit
district to the metropolitan district.
     (2) The metropolitan district shall be
responsible for all the liabilities and obligations imposed upon or assumed by
the transit district.
     (3) For purposes of mass transit the
metropolitan 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 they are consistent with ORS
chapter 268.
     (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.643 §40; 1997
c.833 §26]
     267.030
Use of alternative fuels for certain district vehicles; exceptions; annual
report; application to all district vehicles. (1) To the maximum extent possible, motor vehicles subject to the
control of a district shall use alternative fuel for operation.
     (2) To the extent that it is economically
and technologically possible, all motor vehicles purchased or leased by the
board of the district shall be capable of using alternative fuel. However, this
subsection does not apply if the vehicle will be primarily used in an area that
does not have and cannot reasonably be expected to establish an alternative
fuel refueling station or if the district is unable to secure financing
sufficient to cover additional costs resulting from the requirement of this
subsection.
     (3) Prior to July 1 of each year, the
board of the district shall submit an annual report to the Department of
Environmental Quality and the State Department of Energy. The report shall
contain at a minimum:
     (a) The number of purchases and leases of
vehicles capable of using alternative fuel;
     (b) The number of conversions of vehicles
from the use of gasoline or diesel fuel to the use of alternative fuel;
     (c) The quantity of each type of
alternative fuel used; and
     (d) Any other information required by the
Department of Environmental Quality and the State Department of Energy to carry
out their functions under subsection (4) of this section.
     (4) If the Department of Environmental
Quality and State Department of Energy determine that the use of alternative
fuel required by this section has been effective in reducing total annual motor
vehicle emissions in the district, the motor vehicles subject to the control of
the board of the district shall be capable of using alternative fuel, to the
maximum extent possible.
     (5) The board of the district shall comply
with all safety standards established by the United States Department of
Transportation in the conversion, operation and maintenance of vehicles using
alternative fuel.
     (6) As used in this section, “alternative
fuel” means any fuel determined by the Department of Environmental Quality to
be less polluting than conventional gasoline, including but not necessarily
limited to reformulated gasoline, low sulfur diesel fuel, natural gas,
liquefied petroleum gas, methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity. [1991 c.730 §2; 2003
c.186 §12]
(Formation)
     267.080
Creation of district; district jurisdiction. As provided by ORS 267.010 to 267.390, a mass transit district may be
created in any standard metropolitan statistical area for the purpose of
providing a mass transit system for the people of the district. Except as
otherwise provided in ORS 267.107 (2)(c), the territorial jurisdiction of the
district may include all territory within the geographic boundaries of every
     267.085
Resolution to form district; content; filing. (1) In addition to and not in lieu of other actions authorized for the
initiation of proceedings to form a mass transit district, the governing body
of the most populous city in a standard metropolitan statistical area may by
resolution propose formation of a mass transit district, if that city has a
local transit system and if the governing body finds that area-wide mass
transit needs cannot be met by local transit operation. The resolution of the
governing body shall be addressed to and filed with the county board of the
principal county and proceedings conducted as provided by ORS 198.705 to
198.955.
     (2) A certified copy of the order forming
a mass transit district shall be filed with the Governor. [Formerly 267.105]
     267.090
Directors; appointment; term; vacancies; Governor to fix time of first meeting. Except as provided in ORS 267.112:
     (1) Board members of a mass transit
district may not be elected at the time of formation, but if a district is
formed, the Governor shall, within 60 days after receiving a certified copy of
the formation order, appoint from subdistricts the members of the first board
of directors of the district, designate one member as the temporary chairperson
and fix the time and place of the organizational meeting.
     (2) The board of directors of a mass
transit district shall consist of seven members. One director shall be
appointed from each of seven subdistricts. The Governor shall appoint as one of
the directors a person who regularly uses the services provided by a mass
transit system. Directors shall reside in the subdistrict from which they are
respectively appointed. The subdistricts shall be as nearly equal in population
as possible based on the latest federal census and shall be designed to ensure
representation of the most populous city, other cities and unincorporated
territory in the proposed district proportionate to their respective
populations provided that if less than the entire district is taxed by the
district, the subdistricts shall be wholly within the taxed area. The district
or, if the taxed area is less than the entire district, the taxed area shall be
divided into subdistricts initially, and after each succeeding federal census,
by the Secretary of State.
     (3) The term of office of a director is
four years, but each director shall serve at the pleasure of the Governor.
Before the expiration of the term of a director, the directorÂ’s successor shall
be appointed. A director is eligible for reappointment. In case of a vacancy
for any cause, the Governor shall appoint a person to serve for the unexpired
term. A director whose term has expired shall continue to serve until the
appointment of a successor unless discharged by the Governor.
     (4) All appointments of members of the
board by the Governor are subject to confirmation by the Senate pursuant to
section 4, Article III of the Oregon Constitution. [Formerly 267.110; 2007 c.71
§80]
     267.095
Terms of directors first appointed. Except as provided in ORS 267.112:
     (1) Notwithstanding ORS 267.090, the terms
of three of the directors of the first board of a district expire on the first
Tuesday in the second January after the date of their appointment.
     (2) The terms of four of the directors so
appointed expire on the first Tuesday in the fourth January after the date of
their appointment.
     (3) The respective terms of the directors
of the first board shall be determined by the Governor. [Formerly 267.115]
     267.097
Governor to solicit recommendations for director in standard metropolitan
statistical area with population over 400,000. Before appointing a director to the board of
a district situated in a standard metropolitan statistical area with a
population exceeding 400,000, the Governor shall solicit from each city and
county located wholly or partly within the subdistrict for which the
appointment will be made recommendations of qualified individuals for the
position. [1985 c.678 §2]
     267.100 [1969 c.643 §2; 1977 c.347 §3; 1979 c.877 §3;
renumbered 267.080]
     267.105 [1969 c.643 §3; 1971 c.727 §95; renumbered
267.085]
     267.107
Resolution to create certain districts; contents. Notwithstanding ORS 267.085:
     (1) The governing body of the most
populous city in a standard metropolitan statistical area may by resolution
propose creation of a mass transit district if the governing body finds that
area-wide mass transit needs cannot be met by local transit operation.
     (2) The resolution of the governing body
shall:
     (a) Be considered at a public hearing only
after notice as required for regular consideration of other resolutions by city
charter or ordinance;
     (b) Include findings of the need for
creation of a mass transit district in the affected area;
     (c) Describe the boundaries of the
proposed district, which may be limited to a proposed service area but which
may not extend beyond the limits of the cityÂ’s urban growth boundary; and
     (d) If approved, be addressed to and filed
with the governing body of the county in which the proposed district is
principally situated.
     (3) Upon receipt of the resolution under
subsection (2) of this section the county governing body shall commence
district formation proceedings as provided in ORS 198.705 to 198.955 and
267.108. [1977 c.347 §2; 1979 c.585 §1; 1999 c.454 §3]
     267.108
Director election and district formation election under ORS 267.107 held at
same time; designation of subdistricts. (1) Notwithstanding the provisions of ORS 198.810 (3), the county
governing body shall order an election within the proposed district for
approval or disapproval by the electors voting on the question of formation of
a district under ORS 267.107 and for election of seven district directors.
     (2) In addition to the requirements of ORS
198.815 (2), the order calling an election for creation of a district initiated
under ORS 267.107 shall describe the boundaries of the seven subdistricts of
the proposed district from each of which a director is to be elected. The
subdistricts shall be as nearly equal in population as possible based on the
latest federal decennial census, shall, where practicable, follow election
precinct boundaries and shall together encompass the entire area of the
proposed district. [1979 c.585 §5; 1985 c.678 §4; 2005 c.747 §5]
     267.109
Costs of election under ORS 267.107. The expenses incurred for the election held under ORS 267.080,
267.107, 267.112 and this section shall be paid by:
     (1) The district, if the resolution is
approved by the people.
     (2) Each county participating in the
election in the proportion of the number of precincts in the county voting on
the resolution to the total number of precincts voting on the resolution, if
the resolution is rejected by the people. [1977 c.347 §5]
     Note: 267.109 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 267 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     267.110 [1969 c.643 §4; 1971 c.727 §96; 1975 c.142 §1;
1975 c.632 §3; 1977 c.728 §1; 1981 c.496 §1; renumbered 267.090]
     267.112
Directors for districts formed under ORS 267.107; terms; vacancies; compensation
and expenses. (1) If
formation of a district is initiated by resolution adopted and filed in
accordance with ORS 267.107, upon the submitting of a formation order by the
county governing body to the proposed district electors, one district director
shall be elected from each of the seven subdistricts described in the order
calling an election for district creation. A director shall reside in the
subdistrict from which the director is nominated and elected.
     (2) The board of directors of the district
shall consist of the seven directors elected from subdistricts under subsection
(1) of this section.
     (3) After the initial formation of a
district, the Secretary of State, after each decennial federal census, shall
modify the boundaries of the subdistricts so that the subdistricts remain as
nearly equal in population as possible based on the latest federal census.
     (4) The term of office of a director shall
be four years, provided, however, that three of the first elected directors
shall initially have a term of office expiring June 30 of the next odd-numbered
year following district formation and four of the first elected directors shall
initially have a term of office expiring June 30 of the next odd-numbered year
not less than two years following district formation. The first elected
directors of the district, upon taking office, shall by lot, supervised by the
board, determine which three directors shall have the shorter initial terms and
which four shall have the longer initial terms. When a vacancy occurs in the
office of a director, the remaining members of the board shall appoint a
resident of the affected subdistrict to serve until June 30 of the next
odd-numbered year, in which year a director shall be elected to serve the
remainder of the unexpired term. A director whose term has expired shall
continue to serve until the election of a successor.
     (5) Directors shall not be entitled to
compensation for their services but shall be entitled to reimbursement for
actual and necessary expenses incurred or paid in the performance of their
duties as members of the board. [1975 c.632 §2; 1977 c.347 §4; 1977 c.728 §2a;
1979 c.585 §2; 1985 c.678 §5]
     267.114
Minimum area of district.
The territorial boundaries of a mass transit district whose formation was
initiated under ORS 267.107 shall include, as a minimum area, all of the
territory within the urban growth boundary, as the urban growth boundary may
exist from time to time, of the city that proposed creation of the mass transit
district. [1999 c.454 §2]
     267.115 [1969 c.643 §5; 1975 c.632 §4; renumbered
267.095]
(Board;
Ordinances)
     267.120
Officers of board; terms; oath.
(1) The board shall choose from among its members, by majority vote of the
members, a president, vice president, treasurer and secretary, to serve for
terms of two years.
     (2) Each director, before entering upon
the duties of office, shall take and subscribe to an oath that the director
will honestly, faithfully and impartially perform duties as a director and
disclose any conflict of interest the director may have in any matter to be
acted upon by the board. A copy of the oath shall be filed with the secretary
of the board. [1969 c.643 §6; 1971 c.23 §7; 1971 c.403 §4; 1975 c.605 §15]
     267.125
Meetings of board; quorum.
The district board shall hold regular monthly meetings at a time and place
fixed by the rules of the board. Special meetings may be held when called by
the president of the board or when called by a majority of the members.
However, five daysÂ’ notice of a special meeting shall be given by the secretary
to each member not joining in the call. A majority of the members constitutes a
quorum for the transaction of business. [1969 c.643 §7]
     267.130
Additional compensation prohibited. No officer or employee of the district shall offer, solicit or accept
money or any other thing of value as a consideration, in addition to the salary
paid the officer or employee by the district, for services performed within the
scope of the official duties of the officer or employee. [1969 c.643 §13; 1971
c.23 §8]
     267.135
General manager; qualifications; term; removal. (1) The board shall appoint a general
manager on the basis of the qualifications of the general manager with special
reference to the actual experience in or knowledge of accepted practices in
respect to the duties of the office of the general manager. A general manager
shall hold office for an indefinite term and may be removed by the board only
by an affirmative vote of a majority of the members.
     (2) Before a general manager is removed,
the general manager shall upon demand be given a written statement of the
reasons for removal. If requested, the general manager shall be given an open
hearing at a meeting of the board before the final vote for removal. However,
the board may by resolution suspend the general manager from office pending a
hearing. The action of the board in suspending or removing a general manager,
if approved by a majority of the members of the board, may be reconsidered by
the board but is otherwise final and not subject to appeal. [1969 c.643 §14]
     267.140
Duties of general manager. A
general manager of a district shall:
     (1) Have full charge of the acquisition,
construction, maintenance and operation of the transit system of the district.
     (2) Have full charge of the administration
of the business affairs of the district.
     (3) Enforce all ordinances adopted by the
board.
     (4) Administer the personnel system
adopted by the board and, except for officers appointed by the board, appoint,
discipline or remove all officers and employees, subject to ORS 267.010 to
267.390 and the rules of the board.
     (5) Prepare and submit to the board within
30 days after the end of each fiscal year a complete report of the finances and
administrative activities of the district for that preceding fiscal year.
     (6) Keep the board advised as to the needs
of the district.
     (7) Prepare all plans and specifications
for acquisition of equipment or construction of improvements or facilities for
the district.
     (8) Cause to be installed and maintained a
system of auditing and accounting which shows completely and at all times the
financial condition of the district.
     (9) Devote the entire working time of the
general manager to the business of the district.
     (10) Perform such other duties as the
board requires by resolution. [1969 c.643 §15]
     267.145
General managerÂ’s attendance at board meetings; pro tempore manager. (1) The general manager shall attend the
meetings of the board and may participate in its deliberations, but has no
vote.
     (2) The board may appoint a general
manager pro tempore during the absence or disability of the general manager. [1969
c.643 §16]
     267.150
Ordinances; regulating use of facilities; public hearings; route, schedule
changes. (1) The legislative
authority of a district board shall be exercised by ordinance.
     (2) The board may enact police ordinances
relating to the protection, use and enjoyment of district property and
facilities. A district may appoint peace officers who shall have the same
authority as other peace officers, except that such authority shall be limited
to the enforcement of police ordinances of the district and the enforcement,
for purposes relating to the protection, use and enjoyment of district property
and facilities, of state and local laws.
     (3) The board may, by ordinance, provide a
procedure for the conduct of public hearings on proposed changes in transit
routes and schedules. The board may delegate to the general manager or other
administrative officer the authority to conduct such hearings.
     (4) An ordinance shall not be required for
a mass transit district to adopt temporary or experimental changes in routes
and schedules. [1969 c.643 §17; 1973 c.116 §2; 1975 c.392 §1]
     267.155 [1969 c.643 §19; repealed by 1971 c.268 §24]
     267.160 [1969 c.643 §36; repealed by 1971 c.268 §24]
     267.165 [1969 c.643 §18(2), (3); repealed by 1971
c.268 §24]
     267.170
Initiative and referendum.
(1) The electors of a district may exercise the powers of the initiative and
referendum with reference to legislation of the district, in accordance with
ORS 255.135 to 255.205.
     (2) A district board on its own resolution
may call an election for the purpose of referring an ordinance to the electors
of a district for their approval before the ordinance takes effect. [1969 c.643
§39; 1977 c.728 §3; 1979 c.190 §411; 1981 c.173 §39; 1983 c.350 §124]
(Powers)
     267.200
Existence, status and general powers of districts. A mass transit district shall constitute a
municipal corporation of this state, and a public body, corporate and politic,
exercising public power. It shall be considered a unit of local government for
the purposes of ORS 190.003 to 190.130, a public employer for the purposes of
ORS 236.610 to 236.640, and a political subdivision for the purposes of ORS
305.620. A district and its contractors engaged in operating motor vehicles to
provide mass transportation on behalf of the district shall be entitled to tax
refunds as allowed under ORS 319.831 to incorporated cities. It shall have full
power to carry out the objects of its formation and to that end may:
     (1) Have and use a seal, have perpetual
succession, and sue and be sued in its own name.
     (2) Acquire by condemnation, purchase,
lease, devise, gift or voluntary grant real and personal property or any
interest therein, located inside the boundaries of the district and take, hold,
possess and dispose of real and personal property purchased or leased from, or
donated by, the United States, or any state, territory, county, city or other
public body, nonprofit corporation or person for the purpose of providing or
operating a mass transit system in the district and aiding in the objects of
the district.
     (3) Contract with the
     (4) Build, construct, purchase, lease,
improve, operate and maintain, subject to other applicable provisions of law,
all improvements, facilities or equipment necessary or desirable for the mass
transit system of the district.
     (5) Enter into contracts and employ
agents, engineers, attorneys and other persons and fix their compensation.
     (6) Fix and collect charges for the use of
the transit system and other district facilities.
     (7) Construct, acquire, maintain and
operate and lease, rent and dispose of passenger terminal facilities, motor
vehicle parking facilities and other facilities for the purpose of encouraging
use of the mass transit system within the district.
     (8) Enter into contracts or
intergovernmental agreements under ORS chapter 190 with units of local
government of the State of Oregon, whether within or without the district, or
with the State of Washington or with public agencies of the State of
Washington, to act jointly or in cooperation with them or to provide mass
transit services to areas under their jurisdictions, provided that the party
contracting to receive the services shall pay to the mass transit district not
less than the proportionate share of the cost of the services that the benefits
to the contracting party bear to the total benefits from the service.
     (9) Conduct programs and events and take
other actions for the purpose of improving or maintaining employee relations.
     (10) Improve, construct and maintain
bridges over navigable streams.
     (11) Do such other acts or things as may
be necessary or convenient for the proper exercise of the powers granted to a
district by ORS 267.010 to 267.390. [1969 c.643 §8; 1973 c.116 §3; 1975 c.170 §1;
1977 c.550 §1; 1979 c.344 §1; 1979 c.877 §2; 1987 c.689 §1; 2003 c.802 §92;
2007 c.531 §16]
     267.203
Authority to enter into transaction for electricity or diesel fuel. (1) A mass transit district may enter into
transactions with persons or entities for the supply or delivery of electricity
or diesel fuel on an economic, dependable and cost-effective basis, including
transactions involving financial products contracts and agreements for exchange
of fixed and variable pricing agreements and other service contracts that
reduce the risk of economic losses in transactions for the supply or delivery of
electricity or diesel fuel.
     (2) Notwithstanding subsection (1) of this
section, a mass transit district may not enter into a transaction for the
supply or delivery of electricity or diesel fuel that:
     (a) Constitutes the investment of surplus
funds for the purpose of receiving interest or other earnings from the
investment; or
     (b) Is for any purpose other than the
supply or delivery of electricity or diesel fuel on a cost-effective basis. [2007
c.894 §6]
     Note: 267.203 was added to and made a part of ORS
chapter 267 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     267.205
Classification and designation of service areas; determination of area
financing. (1) A district board
may by ordinance classify and designate as a service area the territory within
the district that is benefited by the mass transit system beyond the general
benefit to all territory within the district. The board may by ordinance amend
the boundaries of the service area to conform to changes in the mass transit
system service.
     (2) Subject to restrictions in the Oregon
Constitution, any of the methods of financing authorized under ORS 267.300 may,
in the discretion of the board, be imposed in the service area rather than in
the entire district. [1969 c.643 §24]
     267.207
Change of district boundaries; elector approval; withdrawal of service from
area; territorial jurisdiction of district; boundary commission exemption. (1) The board of directors of a mass transit
district may alter the territorial boundaries of the district by a nonemergency
ordinance adopted at any regular meeting.
     (2) If an ordinance annexing territory to
a district is initiated or referred by, or referred to, the electors of the
district, it shall not take effect unless approved by a majority of the
electors registered in the territory proposed to be annexed to the district
voting on the question and by a majority of the electors of the district voting
on the question.
     (3)(a) The board of directors of a mass
transit district, as a result of the continuing comprehensive transportation
planning process required by the Federal Transit Administration, shall
determine annually the territory in the district within which the transit
system of the district will operate. When the board determines during such
planning process for any fiscal year that it will not provide transit service
during that fiscal year to an area presently within the district, the board
shall by ordinance withdraw from that area on the date specified in the
ordinance, and that area shall no longer be part of the district. The board
shall by ordinance set forth the criteria to be used in making the
determinations described in this subsection.
     (b) Subject to paragraph (a) of this
subsection, the territorial jurisdiction of a district shall include:
     (A) All territory located within the
boundaries of a metropolitan service district;
     (B) Each census tract within which the
transit system of the district operates, or such smaller portion of the tract
as determined by the board; and
     (C) If so determined by the board of
directors, any territory located within two and one-half miles or less of the
transit system of the district or any route used by that system for the
transportation of passengers.
     (4) If an ordinance withdrawing territory
from a district is initiated or referred by, or referred to, the electors of
the district it shall not take effect unless approved by a majority of the
electors of the entire district voting on the question.
     (5) The alteration of the boundaries of a
district under this section is not subject to the jurisdiction or review of a
local government boundary commission. [1979 c.877 §5; 1981 c.907 §1; 1983 c.83 §45;
1993 c.741 §22; 2007 c.239 §13]
     Note: The amendments to 267.207 by section 13,
chapter 239, Oregon Laws 2007, become operative July 1, 2008. See section 16,
chapter 239, Oregon Laws 2007. The text that is operative until July 1, 2008,
is set forth for the userÂ’s convenience.
     267.207. (1) The board of directors of a mass transit
district may alter the territorial boundaries of the district by a nonemergency
ordinance adopted at any regular meeting.
     (2) If an ordinance annexing territory to
a district is initiated or referred by, or referred to, the electors of the
district, it shall not take effect unless approved by a majority of the
electors registered in the territory proposed to be annexed to the district
voting on the question and by a majority of the electors of the district voting
on the question.
     (3)(a) The board of directors of a mass
transit district, as a result of the continuing comprehensive transportation
planning process required by the Federal Transit Administration, shall
determine annually the territory in the district within which the transit
system of the district will operate. When the board determines during such
planning process for any fiscal year that it will not provide transit service
during that fiscal year to an area presently within the district, the board
shall by ordinance withdraw from that area on the date specified in the
ordinance, and that area shall no longer be part of the district. The board
shall by ordinance set forth the criteria to be used in making the
determinations described in this subsection.
     (b) Subject to paragraph (a) of this
subsection, the territorial jurisdiction of a district shall include:
     (A) All territory located within the
boundaries of a metropolitan service district;
     (B) Each census tract within which the
transit system of the district operates, or such smaller portion of the tract
as determined by the board; and
     (C) If so determined by the board of
directors, any territory located within two and one-half miles or less of the
transit system of the district or any route used by that system for the
transportation of passengers.
     (4) If an ordinance withdrawing territory
from a district is initiated or referred by, or referred to, the electors of
the district it shall not take effect unless approved by a majority of the
electors of the entire district voting on the question.
     (5) Notwithstanding ORS 199.425, the
alteration of the boundaries of a district under this section shall not be
subject to the jurisdiction or review of a local government boundary
commission.
     267.208
Effective date of change of boundaries; filing boundary change with county
assessor and Department of Revenue. (1) An alteration of the boundaries of a district under ORS 267.207 or
267.250 to 267.263 shall not become effective during the period:
     (a) Beginning after the 90th day before a
primary election or general election and ending on the day after the election;
or
     (b) Beginning after the deadline for
filing the notice of election before any other election held by the district
and ending on the day after the election.
     (2) If the effective date established for
the alteration of the boundaries is a date that is prohibited under this
section, the alteration shall become effective on the day after the election.
     (3) For the purposes of ORS 308.225 only,
the effective date of an alteration of district boundaries shall be the date on
which the board adopts the ordinance altering the boundaries or, if such an
ordinance is initiated or referred, the date on which the ordinance is approved
by the electors as provided in ORS 267.207.
     (4) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1985 c.808 §77; 1987
c.799 §9; 1989 c.923 §26; 1995 c.712 §100; 2001 c.138 §11]
     267.210
Preparation of general plan for mass transit system; content; revision. (1) A district shall, within a reasonable
time after formation, prepare a broad, general plan for a mass transit system
for the district. The plan shall be prepared in cooperation with the Department
of Transportation and cities and counties located within and adjacent to the
district.
     (2) The plan shall show existing and
proposed transit systems of the district and of other public and private
agencies relating to mass transit. It shall demonstrate a basis for the
coordination and planning of future construction, improvement and equipment
acquisition of the district, governmental agencies and private interests to
assure maximum efficiency and use of mass transit in the district. The plans
shall be based on the needs of the district and take into consideration the
plans and programs, if any, developed by the Department of Transportation and
cities and counties located within the district. The district may have access
to all information, statistics, plans and data in the possession of or
available to any state agency or public corporation which is pertinent to the
preparation of the plan and may reimburse the agency or corporation for any
expense incurred in cooperating with the board.
     (3) The district board shall revise the
plan as necessary for the proper control, utilization, development and
improvement of the district transit system. [1969 c.643 §20; 1973 c.116 §4]
     267.215 [1969 c.643 §§9,21; repealed by 1975 c.771 §33]
     267.218
Feasibility reports and public bidding not required for construction and
improvement projects costing less than $50,000. A district may plan and let contracts for
and carry through to completion construction and improvement projects costing
less than $50,000 without feasibility reports, publication of notice, public
hearings, public inspection of plans, advertisement for bids or public bidding,
if the district board has approved the expenditure after obtaining plans, cost
estimates and bids as it may deem necessary. [1975 c.141 §2]
     267.220 [1969 c.643 §22; repealed by 1975 c.771 §33]
     267.225
Intergovernmental agreements; condemnation of authority; joint occupancy. (1) A mass transit district may cooperate
with or enter into agreements with any city, county, port or state agency
having jurisdiction or control over any right of way that is available for
public travel for the joint use of such right of way. A city, county, port or
state agency may cooperate with or enter agreements with a district for the
joint use of any right of way open to public travel located within the
district.
     (2) For the purpose of providing a mass
transit system, a district may commence a condemnation proceeding to acquire
land or an interest in land for right of way for the system over any public
right of way already located, condemned or occupied or that may be located,
condemned or occupied by some other public agency for the purpose of travel by
the public. The proceeding shall be conducted as provided by the laws of this
state for the condemnation of land or an interest in land for right of way for
highway purposes. At the time of rendering judgment for compensation or
damages, the court shall enter a judgment authorizing the district to occupy
and use the right of way, if necessary, in common with the public agency
already occupying or owning the right of way, and defining the terms and
conditions upon which the right of way shall be so occupied and used in common.
[1969 c.643 §12; 2003 c.576 §410; 2003 c.802 §93]
     267.227
Relationship with
     267.230
Exemption from public utility or railroad regulation. (1) Except as provided in ORS 824.045 and
subsection (2) of this section, a transit system operated by a district,
including the rates and charges made by a district and the equipment operated
by a district, shall not be subject to state laws or ordinances of any
political subdivision regulating public utilities or railroads, including those
laws administered by the Department of Transportation.
     (2) ORS 824.200 to 824.256 apply to the
transit system operated by a district except for control and regulation of any
crossing at which the light rail transit vehicles of a districtÂ’s transit
system cross a highway at separated grades or any grade crossing at which the
light rail transit vehicles operate within and parallel to the right of way of
a highway and where all conflicting vehicle movements are controlled by
standard highway traffic devices. However, upon written request from the
district and the public authority with jurisdiction over the highway at such a
grade crossing, the department shall adjudicate any dispute that arises between
the district and the public authority with regard to the grade crossing. [1969
c.643 §11; 1973 c.116 §5; 1977 c.420 §1; 1985 c.678 §7; 1995 c.733 §92; 2001
c.522 §10]
     Note: Section 1, chapter 396, Oregon Laws 2007,
provides:
     Sec.
1. The Tri-County Metropolitan
Transportation District of Oregon shall commission a study by an independent
person with expertise in light rail system safety to review a representative
sample of the pedestrian crossings of the districtÂ’s light rail system and make
findings and recommendations to the district regarding the safety of the
pedestrian crossings. [2007 c.396 §1]
     267.235
Protection of employeesÂ’ rights when an operating transportation system is
acquired. When the district
acquires an operating public transportation system, it shall make fair and
equitable 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 under collective bargaining agreements, or otherwise;
     (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.643 §10]
     267.237
Criminal records check; fitness determinations; rules regarding dissemination. (1) As used in this section:
     (a) “District” means a mass transit
district organized under ORS 267.010 to 267.390 or a transportation district
organized under ORS 267.510 to 267.650.
     (b) “Qualified entity” means an individual
or business or organization, whether public, private, for-profit, nonprofit or
voluntary, that, under contract with a district, provides individuals to
operate motor vehicles for the transportation of passengers in the public
transportation system of the district.
     (c) “Subject individual” means a person
subject to a criminal records check as specified by resolution of a mass
transit district or a transportation district.
     (2) A mass transit district or a
transportation district shall request the Department of State Police to conduct
criminal records checks of subject individuals if the checks are required in
order to protect vulnerable Oregonians:
     (a) To implement a federal or state
statute, executive order or rule that expressly refers to criminal conduct and
contains requirements or exclusions expressly based on such conduct;
     (b) For district employment purposes when
hiring individuals to operate motor vehicles of the district; or
     (c) For the purposes of employment
decisions made by a district for qualified entities that, under contracts with
the district, employ individuals to operate motor vehicles for the
transportation of passengers in the public transportation system of the
district.
     (3) A mass transit district that has a
population of more than 500,000 may request the Department of State Police to
conduct a criminal records check of a subject individual who is:
     (a) Seeking employment by the district in
a position that provides the individual with access to critical infrastructure
or security sensitive facilities or information; or
     (b) Seeking to provide services to the
district that will result in the individualÂ’s having access to critical
infrastructure or security sensitive facilities or information.
     (4) In order to determine the suitability
of the subject individual, a district shall require the subject individual to
furnish to the district a full set of fingerprints to enable a criminal records
check to be conducted. The district shall submit the completed fingerprint
cards to the Department of State Police along with the applicable
     (5) The Federal Bureau of Investigation
shall either return or destroy the fingerprint cards used to conduct the
criminal records check and shall not keep any record of the fingerprints.
However, if the federal bureau policy authorizing return or destruction of the
fingerprint cards is changed, a district shall cease to cause the cards to be
sent to the federal bureau but shall continue to process the information
through other available resources.
     (6) If the Federal Bureau of Investigation
returns the fingerprint cards to the Department of State Police, the department
shall destroy the fingerprint cards and shall retain no facsimiles or other
material from which a fingerprint can be reproduced.
     (7) If only a state criminal records check
is conducted, the Department of State Police shall destroy the fingerprint
cards after the criminal records check is completed and the results of the
criminal records check provided to the district and shall retain no facsimiles
or other material from which a fingerprint can be reproduced.
     (8) The district and the Department of
State Police shall permit a subject individual to inspect the individualÂ’s own
     (9)(a) A district, using guidelines
established by a resolution of the district, shall determine under this section
whether a subject individual is fit to operate motor vehicles for the transportation
of passengers in the public transportation system of the district or to hold a
position or provide services that provide the individual with access to
critical infrastructure or security sensitive facilities or information, based
on the criminal records check obtained pursuant to this section, any false
statements made by the individual regarding the criminal history of the
individual and any refusal to submit or consent to a criminal records check
including fingerprint identification. If a subject individual is determined to
be unfit, then that person shall not be allowed to operate motor vehicles for
the transportation of passengers in the public transportation system of the
district or to hold the position or provide services that provide the individual
with access to critical infrastructure or security sensitive facilities or
information.
     (b) In making the fitness determination,
the district shall consider:
     (A) The nature of the crime;
     (B) The facts that support the conviction
or pending indictment or indicate the making of the false statement;
     (C) The relevancy, if any, of the crime or
the false statement to the specific requirements of the subject individualÂ’s
present or proposed position or employment; and
     (D) Intervening circumstances relevant to
the responsibilities and circumstances of the position or employment.
Intervening circumstances include but are not limited to the passage of time
since the commission of the crime, the age of the person at the time of the
crime, the likelihood of a repetition of offenses, the subsequent commission of
another relevant crime and a recommendation of an employer.
     (c) A district and an employee of the
district are immune from any civil liability that might otherwise be incurred
or imposed for actions taken in determining pursuant to this subsection that a
subject individual is fit or not fit to hold a position or be employed. A
district, an employee of the district and an employer or employerÂ’s agent who
in good faith comply with this section and the decision of the district or
employee of the district are not liable for the failure to hire a prospective
employee or the decision to discharge an employee on the basis of the districtÂ’s
or employeeÂ’s decision. A district and an employee of the district are immune
from any civil liability for the lawful dissemination of information obtained
under this section when the disclosure is:
     (A) For the purpose of providing notice to
the subject individual or the employer of the subject individual of a
determination of fitness under this section;
     (B) Required by law; or
     (C) Necessary to support a claim or
defense related to denying employment to the subject individual.
     (10) A district shall establish by
resolution a process by which a subject individual may appeal the determination
that the subject individual is disqualified for a position or employment
pursuant to this section. Challenges to the accuracy or completeness of
information provided by the Department of State Police, the Federal Bureau of
Investigation and agencies reporting information to the department or bureau
must be made through the department, bureau or agency and not through the
appeal process required by this subsection.
     (11) A district shall develop a system
that maintains information regarding criminal records checks in order to
minimize the administrative burden that criminal records check requirements
impose upon subject individuals and providers. Records maintained under this
subsection for subject individuals are confidential and may not be disseminated
except for the purposes of this section and in accordance with the relevant
resolutions of the district. Nothing in this subsection permits a district to
retain fingerprint cards of subject individuals.
     (12) A district, in consultation with the
Department of State Police and affected provider groups, shall adopt
resolutions to implement this section and other statutes relating to criminal
offender information. The resolutions shall include but need not be limited to:
     (a) Specifying which employees are
authorized to make criminal record inquiries;
     (b) Specifying categories of subject
individuals who are subject to criminal records checks;
     (c) Specifying the information, including
fingerprints, that may be required from a subject individual to permit a
criminal records check;
     (d) Specifying which services or qualified
entities are subject to this section;
     (e) Specifying which crimes may be
considered in reviewing criminal offender information for a subject individual;
     (f) Specifying when a nationwide criminal
records check shall be conducted on a subject individual through the Department
of State Police. The additional cost of obtaining a nationwide criminal records
check and the risk to vulnerable Oregonians should be taken into consideration
when enacting resolutions under this subsection;
     (g) Specifying when a district, in lieu of
conducting a completely new criminal records check, may proceed to make a
fitness determination under this section using the information maintained by
the district under subsection (11) of this section; and
     (h) Determining when a subject individual
may be hired on a probationary basis pending a criminal records check. At a
minimum, if there is any indication of criminal behavior by the subject
individual, the resolution must require that, if the individual is hired, the
individual can be hired only on a probationary basis and must be actively
supervised at all times when the individual is in contact with children, the
elderly or persons with disabilities.
     (13) Criminal offender information is
confidential. The Department of State Police shall adopt rules to restrict
dissemination of information received under this section to persons with a
demonstrated and legitimate need to know the information. Any district receiving
information pursuant to this section is bound by the rules of disclosure
adopted by the department.
     (14) If a subject individual refuses to
consent to the criminal records check or refuses to be fingerprinted, the
district or qualified entity shall deny or terminate the employment of the
individual, or revoke or deny any applicable position, authority to provide
services or employment.
     (15) A district shall define by resolution
the conditions under which subject individuals may participate in training,
orientation and work activities pending completion of a criminal records check
through the Law Enforcement Data System or nationwide criminal records check.
At a minimum, subject individuals shall be actively supervised at all times
that they are in contact with children, the elderly and persons with
disabilities during such periods of training, orientation and work. Subject
individuals may continue probationary employment while awaiting the nationwide
criminal records check as long as the individualÂ’s criminal records check
through the Law Enforcement Data System did not result in disqualification and
there are no other indications of criminal behavior.
     (16) If a district or a qualified entity
requires a criminal records check of employees or other persons, the
application forms of the district or qualified entity must contain a notice
that employment is subject to fingerprinting and a criminal records check as
required by this section. [1999 c.1057 §3; 2005 c.730 §65]
     Note: 267.237 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 267 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     267.240
Accessibility of facilities and equipment to elderly and persons who have
disabilities. (1) In
carrying out its duties under ORS 267.200, the district shall provide, for
persons who are elderly or have disabilities, a program of transportation that:
     (a) Is devised in consultation with and
after solicitation of the views of persons representative of the communities
for which such transportation shall be provided; and
     (b) Gives due regard to parity of service.
     (2) In carrying out its duties under ORS
267.200 (4), the district shall cause its future facilities and new equipment
to be of such types as to make such facilities and equipment accessible to, and
usable by, persons who are elderly or have disabilities. However, contracts for
equipment are exempt from this requirement until such equipment:
     (a) Is available from not less than two
manufacturers in mass producible quantities; and
     (b) Conforms to designs approved by the
Federal Transit Administration of the United States Department of
Transportation as providing access to and being usable by persons who are
elderly or have disabilities.
     (3) Notwithstanding subsection (2) of this
section or any other provision of the law of this state, a program for
transportation of persons who are elderly or have disabilities shall be deemed
to be in compliance with the laws of this state and rules promulgated
thereunder if the program satisfies subsection (1) of this section and the
federal regulations relating to transportation for persons who are elderly or
have disabilities promulgated by the Federal Transit Administration of the
United States Department of Transportation. [1974 c.50 §2; 1981 c.621 §1; 1989
c.224 §37; 1993 c.741 §23; 2007 c.70 §59]
     267.245
District exempt from right of way fencing requirements. The provisions of ORS 608.310 shall not
apply in respect to property operated by a mass transit district as part of a
mass transit system. [1977 c.420 §2]
     Note: 267.245 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 267 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Withdrawal
of Territory From District)
     267.250
Definitions for ORS 267.250 to 267.263. As used in ORS 267.250 to 267.263:
     (1) “Affected area” means a contiguous
area of not less than one square mile in which 200 or more district electors
reside and which is within the boundaries of a district, but is outside the
boundaries of any city with a population exceeding 10,000. However, the term
does not include an area if the withdrawal of that area from the district
results in the district having two or more noncontiguous parts.
     (2) “Direct service,” with respect to an
affected area described in a petition filed under ORS 267.253, means the
location or placement of any of the facilities of the district or of any route
used by the transit system of the district within one mile of any boundary of
the affected area. [1987 c.799 §2; 1999 c.444 §§1,2]
     267.253
Petition for withdrawal from district; filing period; number of signatures;
contents of petition. (1) If
the electors of an affected area wish to withdraw from a district, they may
file a petition for withdrawal with the district board at the times and in the
manner provided for in this section. However, if the formation of the district
was initiated under ORS 267.107, the petition for withdrawal may not include
any area within the urban growth boundary described in ORS 267.114.
     (2) A petition for withdrawal under this
section may be filed only during the period from January 1 to August 30 in
calendar year 2001 and in every fifth calendar year thereafter.
     (3) A petition for withdrawal under this
section shall be signed by not less than 15 percent of the electors registered
in the affected area described in the petition.
     (4) A petition filed under this section
shall contain substantially the following:
     (a) A statement that the petition is filed
pursuant to ORS 267.250 to 267.263;
     (b) The names of the district and all
affected counties; and
     (c) A request that proceedings be
commenced for the withdrawal of the affected area from the district.
     (5) There shall be attached to the
petition a map which clearly and precisely shows the exterior boundaries of the
affected area by reference to prominent landmarks such as streets, highways,
rivers or the boundaries of cities and counties. The map shall be used in lieu
of a metes and bounds or legal description of the affected area.
     (6) The district board, within five days
after receiving a petition filed under this section which conforms to the
requirements of this section, shall file the petition with the county clerk of
each county in which any part of the affected area is located for signature
verification. [1987 c.799 §3; 1999 c.444 §4; 1999 c.454 §4]
     267.255
Hearing on petition; notice.
(1) When a county clerk to whom a petition is submitted under ORS 267.253
certifies that the petition contains the number of valid signatures required
under ORS 267.253, the district board shall schedule a public hearing on the
petition. A district board may hold a single public hearing with respect to two
or more petitions.
     (2) The district board shall schedule the
public hearing for a date which is not earlier than the 20th day after the date
on which the study of the affected area required under ORS 267.257 is
completed, but which is not later than the 90th day after the board receives
certification from the county clerk under subsection (1) of this section.
     (3) The district board shall have notice
of the hearing printed once in a newspaper in general circulation within the
district. The notice shall be published at least five days prior to the
hearing. Notice of the published hearing shall also be posted in at least four
different locations within the affected area that are customarily used for the
purpose of posting public notice. The notice shall be posted not less than 15
days prior to the date specified in the notice for the hearing and shall be
posted for not less than five consecutive days. The notice required under this
section shall contain the time and place of the hearing, the purpose of the
hearing, a description of the affected area, the extent to which taxes imposed
by the district will be increased in the remaining portions of the district as
a result of the withdrawal of the affected area, the date on which the district
board intends to finally dispose of the petition under ORS 267.257 (2), a
statement that the study of the affected area required under ORS 267.257 is on
file at the district offices and available for copying and public inspection
and a statement that the public may appear and be heard on the issue of
withdrawal of the affected area from the district. The date of final
disposition of the petition that appears in the notice may be subsequently
changed to a later date by the district board without publishing another notice
as required by this section.
     (4) The hearing required under this
section may be conducted by a hearings officer appointed by the district board.
[1987 c.799 §4]
     267.257
Study of area proposed to be withdrawn; approval or denial of withdrawal;
judicial review. (1) After
receiving certification by a county clerk under ORS 267.255 of a petition for
withdrawal filed under ORS 267.253, the district board shall conduct a study of
the affected area described in the petition. The district board may also
conduct an overall study of several affected areas. The study shall consider:
     (a) The extent to which residents of the
affected area currently use the mass transit services and facilities of the
district;
     (b) The amount of district revenues raised
within the affected area during the last three completed fiscal years of the
district, separately identifying the amount of revenues derived from taxes
imposed by the district and the amount of revenues derived from other sources;
     (c) The history of the mass transit
services provided to the affected area;
     (d) Whether or when direct service will be
provided to the affected area;
     (e) The number of previous petitions filed
under ORS 267.253 with respect to the affected area or portions thereof; and
     (f) The effect of withdrawal of the
affected area on the district, including the extent to which taxes imposed by
the district in the remaining portions of the district will be increased under
ORS 267.260 as a result of the withdrawal of the affected area.
     (2) After completion of the study
conducted under subsection (1) of this section and the public hearing required
under ORS 267.255, but not later than the December 31 next following the date
on which the petition was filed with the district board, the district board
shall adopt an ordinance withdrawing the affected area from the district or
shall adopt a resolution denying the petition for withdrawal.
     (3) Notwithstanding ORS 267.207 (3)(b),
the district board shall approve withdrawal if:
     (a) The district board finds that the use
of the mass transit system of the district by residents of the affected area is
less than or equal to 30 percent of the system-wide average weekday boarding
rides per vehicle hour;
     (b) The district board determines that
direct service to the affected area is not planned for at least five years;
     (c) The residents and businesses within
the affected area have demonstrated that district fees and taxes have adversely
affected employment, population or commercial activity within the affected
area; and
     (d) The district board has not received a
petition signed by not less than 15 percent of the electors within the affected
area seeking continuation of the districtÂ’s jurisdiction over the affected
area.
     (4) Notwithstanding ORS 267.207 (3)(b),
the district board may withdraw the affected area from the district when the
conditions of subsection (3) of this section are not satisfied if the board
considers such withdrawal to be in the best interests of the district and the
affected area.
     (5) Any decision of the district board
relating to withdrawal of an affected area under ORS 267.250 to 267.263 may be
reviewed by a circuit court under ORS 34.010 to 34.100. [1987 c.799 §5]
     267.260
Withdrawal ordinance; effective date; adjustment in district tax rate as result
of withdrawal. (1) As used
in this section, “withdrawal date” means the effective date of an ordinance
approving withdrawal of an affected area under ORS 267.250 to 267.263.
     (2) An ordinance approving the withdrawal
of an affected area under ORS 267.250 to 267.263 shall take effect on the first
day of January next following the date which is 30 days after the adoption of
the ordinance.
     (3) Commencing immediately upon the
withdrawal date and notwithstanding any other provision of law, the rate of
each tax imposed by the district shall automatically be increased to a rate
equal to the rate determined by dividing the rate at which such tax was levied
immediately prior to the withdrawal date by a fraction, not more than one,
which is equal to the total revenue derived from such tax by the district for
the calendar year preceding the year in which the withdrawal ordinance is
adopted attributable to the area of the district other than the withdrawn
affected area divided by the total revenue derived from such tax by the
district for the same period.
     (4) If the tax rates required under
subsection (3) of this section do not produce tax revenues sufficient to enable
the district to make the annual or semiannual payments, when due, and otherwise
satisfy the requirements of the bonded or other indebtedness of the district
incurred prior to the withdrawal, the district may increase the rate of each
tax to a rate that produces revenues sufficient to enable the district to make the
annual or semiannual payments, when due, and otherwise satisfy the requirements
of such indebtedness.
     (5) The district board shall determine
rates in accordance with the formula prescribed by subsection (3) of this
section and adopt the rates as part of the ordinance approving the withdrawal
of the affected area. Any such determination and adoption shall be final and
conclusive unless it is shown to be arbitrary and capricious.
     (6) If a district adopts an ordinance that
increases the rate of an excise tax described in ORS 267.385, the increase
shall be adjusted as prescribed in subsection (3) of this section to take into
account the withdrawal of an affected area that occurred or occurs at any time
after the date the district first imposed any taxes pursuant to ORS 267.385. [1987
c.799 §6; 2003 c.739 §10]
     267.263
Withdrawal of territory not subject to boundary commission review. The alteration of the boundaries of a
district under ORS 267.250 to 267.263 is not subject to the jurisdiction or
review of a local government boundary commission. [1987 c.799 §7; 2007 c.239 §14]
     Note: The amendments to 267.263 by section 14,
chapter 239, Oregon Laws 2007, become operative July 1, 2008. See section 16,
chapter 239, Oregon Laws 2007. The text that is operative until July 1, 2008,
is set forth for the userÂ’s convenience.
     267.263. Notwithstanding ORS 199.425, the alteration
of the boundaries of a district under ORS 267.250 to 267.263 is not subject to
the jurisdiction or review of a local government boundary commission.
     267.265
Use of moneys derived from withdrawal of territory from district. The savings derived from the cessation of
service under an ordinance adopted under ORS 267.257 shall be used to improve
service in the remaining portions of the district. Nothing in this section
shall prevent the district from exercising its normal budgetary authority to
adjust service levels. [1987 c.799 §8]
     Note: 267.265 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 267 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Finances)
     267.300
Authority of district to finance system. (1) Subject to restrictions in the Oregon Constitution, a district
board may finance construction, acquisition, purchase, lease, operation and
maintenance of a mass transit system and related facilities for the purposes
authorized under ORS 267.010 to 267.390 by:
     (a) Levy of ad valorem taxes under ORS
267.305.
     (b) Service charges and user fees
collected under ORS 267.320.
     (c) Use of the revolving fund authorized
under ORS 267.310.
     (d)
     (e) Levy of business license fees under
ORS 267.360.
     (f) Levy of a tax measured by net income
under ORS 267.370.
     (g) Levy of a tax measured by employer
payrolls under ORS 267.380, 267.385 and 267.420.
     (h) Use of funds accepted under ORS
267.390.
     (i) Short-term borrowings under ORS
267.400.
     (j) Levy of a tax measured by net earnings
from self-employment under ORS 267.380 and 267.385.
     (k) Any combination of the provisions of
paragraphs (a) to (j) of this subsection.
     (2) All or any part of the funds raised or
received by the district under subsection (1)(a) to (k) of this section may be
expended by the district for the purpose of financing the construction,
reconstruction, improvement, repair, maintenance, operation and use of the
primary transit supportive system. However, only those funds raised or received
by the district that are restricted by the Oregon Constitution for the purpose
of financing the construction, reconstruction, operation and use of public
highways, roads, streets and roadside rest areas may be expended by the
district for the secondary transit supportive system. As used in this subsection:
     (a) “Transit supportive system” means
those facilities in any county in which a district operates that constitute the
surface transportation system in the county, including highways, roads,
streets, roadside rest areas, park-and-ride stations, transfer stations,
parking lots, malls and skyways.
     (b) “Primary transit supportive system”
means those facilities upon which or adjacent to which the district physically
operates.
     (c) “Secondary transit supportive system”
means the remainder of those facilities that constitute the surface
transportation system, but over which the districtÂ’s operation or facilities
are not physically present. [1969 c.643 §23; 1975 c.752 §1; 1983 c.323 §1; 1983
c.749 §1; 1987 c.825 §1; 1989 c.869 §1]
     267.302
Restrictions on financing for districts formed under ORS 267.107. If a mass transit district was initiated by
a resolution pursuant to ORS 267.107, the district shall not use any method of
financing under ORS 267.300 other than a method of financing authorized to be
used under ORS 267.300 (1)(b), (h) to (j) without first obtaining authorization
at a properly called election held for that purpose. [1975 c.632 §2a; 1979
c.585 §3; 1983 c.323 §2; 1983 c.749 §2; 1987 c.825 §2]
     267.305
Levy, collection, enforcement of ad valorem taxes. (1) A district may assess, levy and collect
taxes each year on the assessed value of all taxable property within the limits
of the district or the service area of the district. The proceeds of the tax
shall be applied in carrying out the purposes of ORS 267.010 to 267.390.
     (2) The district may annually also assess,
levy and collect a tax without limitation upon all such property in an amount
sufficient to pay the yearly interest on bonds theretofore issued by the
district and then outstanding, together with any portion of the principal of
the bonds maturing within the year. The tax shall be applied only in payment of
interest and principal of bonds issued by the district, but the district may
apply any funds it may have toward payment of principal and interest of bonds.
     (3) Any taxes needed shall be levied in
each year and returned to the county officer, whose duty it is to extend the
tax roll, by the time required by law for city taxes to be levied and returned.
     (4) All taxes levied by a 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.
     (5) Property shall be subject to sale for
nonpayment of taxes levied by a district in like manner and with like effect as
in the case of county and state taxes. [1969 c.643 §25; 1981 c.804 §77]
     267.310
Revolving fund; authority to levy ad valorem taxes for fund. For the purpose of establishing a revolving
fund to provide money to finance the planning and construction, acquisition,
purchase or lease of a mass transit system, a district board may levy an ad
valorem tax of not to exceed in any one year three-twentieth of one percent
(0.0015) of real market value of all taxable property within the district. The
revenue derived from such taxes shall be credited to a revolving fund, and
shall be disbursed by the district board and used only for the purpose for
which levied. [1969 c.643 §27; 1991 c.459 §364]
     267.320
User charges, fees and tolls; persons over 65. (1) Except as otherwise provided in this
section, to carry out the powers granted by ORS 267.010 to 267.390, the
district board may by ordinance impose and may collect user charges, fees and
tolls from those who are served by or use the transit system and other
facilities and services of the district.
     (2) The district shall not charge a person
over 65 years of age a fee of more than 50 percent of the regular fee for
transportation provided by the district. The maximum fee established by this
subsection does not apply on any weekday, Monday through Friday, between the
hours of 5 a.m. and 9 a.m. or between the hours of 3 p.m. and 7 p.m. [1969
c.643 §26; 1973 c.474 §1; 1975 c.124 §1; 1975 c.169 §1; 1981 c.634 §1; 2003
c.14 §131]
     267.325
Lease purchase agreements.
For the purpose of financing the design, engineering, acquisition, construction
and installation of any mass transit system, a district may enter into lease
purchase agreements for such term of years as the board may determine. The
lease purchase payments payable by a district under any such lease purchase
agreement may be payable out of any funds of the district, including without
limitation any operating revenues, tax revenues or grants. [1989 c.899 §2]
     267.330
General obligation bonds; conditions; interest rate; payment of principal and
interest; pledge of net revenue. (1) To carry out any of the powers granted by ORS 267.010 to 267.390,
a district, when authorized at any properly called election held for the
purpose, may borrow money, and sell and dispose of general obligation bonds.
Outstanding bonds shall never exceed in the aggregate two and one-half percent
of the real market value of all taxable property within the district.
     (2) The bonds shall be issued from time to
time by the district board in behalf of the district as authorized by the
electors thereof. The bonds shall mature serially within not to exceed 30 years
from issue date. However, for an indebtedness to the federal government or this
state, the district may issue one or more bonds of the denominations agreed
upon. Bonds shall bear interest at a rate, payable semiannually, as the board
shall determine. The bonds shall be so conditioned that the district shall
promise and agree therein to pay to the bearer at a place named therein, the
principal sum, with interest at the rate named therein, payable semiannually,
in accordance with the tenor and terms of the interest coupons attached.
     (3) For the purpose of additionally
securing the payment of the principal and interest on general obligation bonds
issued under this section, the district may by resolution of the board, which
resolution shall constitute part of the contract with the holders of the bonds,
pledge all or any part of the net revenue of the district. The district board
may adopt such a resolution without submitting the question of the pledge to
the electors of the district. [1969 c.643 §28; 1983 c.347 §19; 1991 c.459 §365]
     267.334
Electoral approval for issuance of general obligation bonds by Tri-Met to fund
extension of light rail. (1)
If the line extending Tri-MetÂ’s regional light rail system north from Clackamas
County, Oregon, is not part of a phased project that will serve both the
Portland metropolitan region and Clark County, Washington, then prior to the
issuance by Tri-Met of any general obligation bonds to fund its share of the
line extending Tri-MetÂ’s regional light rail system north from Clackamas
County, Oregon, Tri-Met shall submit to its electors the question of the
issuance of such general obligation bonds.
     (2) As used in this section:
     (a) “
     (b) “Metro” means the metropolitan service
district created under ORS chapter 268 and exercising home rule charter powers.
     (c) “Tri-Met” means the Tri-County
Metropolitan Transportation District of Oregon, a mass transit district created
under ORS chapter 267. [Formerly 197.587]
     Note: 267.334 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 267 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     267.335
Authority to issue revenue bonds; interest-bearing warrants. (1) In addition to the authority to issue
general obligation bonds, after a vote of the people, a district may issue and
sell revenue bonds and pledge as security therefor all or any part of the
unobligated net revenue of the district. Revenue bonds shall be issued in the
same manner and form as are general obligation bonds of the district but they
shall not be subject to the percentage limitation provided by ORS 267.330
applicable to issuance of general obligation bonds and shall not be a lien upon
any property within the limits of the district. Such bonds shall be payable,
both as to principal and interest, solely from the net revenues of the district
remaining after payment of obligations having a priority and payment of all
expenses of operation and maintenance of the district, including any taxes
levied thereafter against the district. All revenue bonds shall contain a
clause reciting that both the principal and interest are payable solely from
net revenues of the district remaining after paying such obligations and
expenses.
     (2) In lieu of issuing bonds secured by
unobligated net revenue under subsection (1) of this section, the treasurer,
when authorized by the board, may execute and issue interest-bearing warrants
drawn against funds created by and for operation and maintenance of the mass
transit system in excess of current cash on hand, but not in an amount
exceeding one-half of the estimated annual gross revenue for operation of the
mass transit system for the next ensuing year. [1969 c.643 §29]
     267.340
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. [1969 c.643
§30]
     267.345
Issuance of bonds. All
general obligation and revenue bonds, including refunding bonds, issued under
ORS 267.330 to 267.345 shall be issued as prescribed in ORS chapter 287A. [1969
c.643 §31; 2007 c.783 §84]
     267.360
Business, trade, occupational and professional licenses and fees; exceptions. To carry out any of the powers granted by ORS
267.010 to 267.390, a district may by ordinance raise revenue by licensing and
imposing a fee on any business, trade, occupation and profession carried on or
practiced in the district. This section does not empower a district to require
licenses of or impose fees on companies that are licensed by the state under
ORS 731.358 or 731.362 to transact insurance, as defined in ORS 731.146, or to
require licenses of or impose fees upon the representatives of such companies
who are not residents of the district. [1969 c.643 §32]
     267.370
District taxing authority.
(1) To carry out any of the powers granted by ORS 267.010 to 267.390, 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 income is subject to tax under ORS chapter 316; and
     (b) On or measured by the net income of a
mercantile, manufacturing, business, financial, centrally assessed, investment,
insurance 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
ordinance adopted under authority of subsection (1) of this section shall not
exceed one percent. 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 shall require a nonresident, corporation or
other entity taxable 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) The district shall allow a credit
against the tax imposed pursuant to this section, in an amount equal to the
employerÂ’s payroll tax paid to the district by the taxpayer.
     (5) If a district adopts an ordinance
under this section, the ordinance shall be consistent with any state law
relating to the same subject, and with rules and regulations of the Department
of Revenue prescribed under ORS 305.620.
     (6) An ordinance adopted under this
section shall not declare an emergency. [1969 c.643 §33; 1971 c.600 §1; 1975
c.752 §2]
     267.380
Definitions for ORS 267.380 and 267.385. (1) As used in ORS 267.380 and 267.385, unless the context requires
otherwise:
     (a) “Employer” means:
     (A) A person who is in such relation to
another person that the person may control the work of that other person and
direct the manner in which it is to be done;
     (B) An officer or employee of a
corporation, or a member or employee of a partnership, who as such officer,
employee or member is under a duty to perform the acts required of employers by
ORS 316.162 to 316.221; or
     (C) The State of Oregon or any political
subdivision in this state, except for a school district as defined in ORS
255.005 (9), with respect to work performed within the district by an employee
of the State of Oregon or of the political subdivision.
     (b) “Employer” does not include an
organization exempt from taxation under section 501(c)(3) of the Internal
Revenue Code, as amended and in effect on December 31, 1996, except that “employer”
does include hospitals.
     (c) “Wages” means remuneration for
services performed by an employee for the employer, including the cash value of
all remuneration paid in any medium other than cash.
     (d) “Net earnings from self-employment”
has the same meaning as in section 1402 of the Internal Revenue Code of 1986,
as that section was in effect and operative on December 31, 1988. For the
purposes of computing net earnings from self-employment, a district may by
ordinance from time to time adopt definitions of the terms used in section
1402.
     (e) “Individual” means any natural person.
     (2) As used in this section and ORS
267.385, “wages” does not include remuneration paid:
     (a) For services performed in the employ
of the United States of America and institutions (excluding hospitals) exempt
from taxation under section 501(c)(3) of the Internal Revenue Code, as amended
and in effect on December 31, 1996.
     (b) For domestic service in a private home
if the total amount paid to such employee is less than $1,000 a year.
     (c) For casual labor not in the course of
the employerÂ’s trade or business.
     (d) For services performed wholly outside
of the district.
     (e) To an employee whose services to the
employer consist solely of seasonal labor in connection with the planting,
cultivating or harvesting of agricultural crops.
     (f) To seamen who are exempt from
garnishment, attachment or execution under title 46, United States Code.
     (g) To individuals temporarily employed as
emergency firefighters.
     (h) If the remuneration is not subject to
withholding under ORS chapter 316.
     (i) To employees’ trusts exempt from
taxation under section 401 of the Internal Revenue Code, as amended and in
effect on December 31, 1996.
     (j) If the remuneration is not wages under
section 3121(a)(5)(I) of the Internal Revenue Code, as amended and in effect on
December 31, 1996.
     (3) “Net earnings from self-employment” does
not include income:
     (a)(A) From activities wholly outside of
the district.
     (B) That is wages.
     (C) That would be wages under section 3121
of the Internal Revenue Code, as amended and in effect on December 31, 1990,
but for the provisions of section 3121(b)(8)(A) of the Internal Revenue Code.
     (b) That is not net earnings from
self-employment under section 1402(a)(8) of the Internal Revenue Code by reason
of the amendments to section 1402 by section 1456 of the Small Business Job
Protection Act of 1996 (P.L. 104-188).
     (4) Notwithstanding any other provision of
this section, “wages” includes:
     (a) Any amount included in the definition
of “wages” under section 3121 of the Internal Revenue Code, as defined in ORS
316.012, by reason of the provisions of section 3121(a)(5)(C), 3121(a)(5)(D),
3121(v)(1)(A), 3121(v)(1)(B), 3121(v)(3)(A), 3121(a)(5)(E) or 3121(a)(5)(H) of
the Internal Revenue Code; or
     (b) Any amount deferred under a
nonqualified deferred compensation plan.
     (5) Any amount taken into account as wages
by reason of subsection (4) of this section and the income attributable thereto
shall not afterwards be treated as wages under this section. [1969 c.643 §34;
1971 c.600 §2; 1973 c.573 §2; 1979 c.766 §1; 1981 c.907 §2; 1987 c.293 §69;
1989 c.869 §2; 1991 c.457 §23a; 1993 c.18 §47; 1997 c.839 §39]
     267.385
Employer payroll tax; collection; enforcement. (1) To carry out the powers granted by ORS
267.010 to 267.390, a district may by ordinance impose an excise tax on every
employer equal to not more than seven-tenths of one percent of the wages paid
with respect to the employment of individuals. For the same purposes, a
district may by ordinance impose a tax on each individual equal to not more
than seven-tenths of one percent of the individualÂ’s net earnings from
self-employment.
     (2) No employer shall make a deduction
from the wages of an employee to pay all or any portion of a tax imposed under
this section.
     (3) The provisions of ORS 305.620 are
applicable to collection, enforcement, administration and distribution of a tax
imposed under this section.
     (4) At any time an employer or individual
fails to remit the amount of taxes when due under an ordinance of the district
board imposing a tax under this section, the Department of Revenue may enforce
collection by the issuance of a distraint warrant for the collection of the
delinquent amount and all penalties, interest and collection charges accrued
thereon. Such warrant shall be issued and may be enforced in the same manner
and have the same force and effect as prescribed with respect to warrants for
the collection of delinquent state income taxes.
     (5) Any ordinance adopted under subsection
(1) of this section shall require an individual having net earnings from
self-employment from activity both within and without the district taxable by
the State of Oregon to allocate and apportion such net earnings to the district
in the manner required for allocation and apportionment of income under ORS
314.280 and 314.605 to 314.675. Such ordinance shall give the individual the
option of apportioning income based on a single factor designated by the
ordinance.
     (6) Any ordinance adopted under subsection
(1) of this section with respect to net earnings from self-employment may
impose a tax for a taxable year measured by each individualÂ’s net earnings from
self-employment for the prior taxable year, whether such prior taxable year
begins before or after November 1, 1981, or such ordinance.
     (7) Any ordinance imposing a tax
authorized by subsection (1) of this section shall not apply to any business,
trade, occupation or profession upon which a tax is imposed under ORS 267.360.
     (8) The district board may not adopt an
ordinance increasing a tax authorized by subsection (1) of this section unless
the board makes a finding that the economy in the district has recovered to an
extent sufficient to warrant the increase in tax. In making the finding, the
board shall consider regional employment and income growth. [1969 c.643 §35;
1981 c.907 §3; 2003 c.576 §197; 2003 c.739 §7]
     Note: Sections 8 and 9, chapter 739, Oregon Laws
2003, provide:
     Sec.
8. Notwithstanding ORS
267.385 (1) and subject to ORS 267.260 (3) and (6), an increase in any tax
imposed on wages or on net earnings from self-employment that is authorized by
a mass transit district under ORS 267.385 (1) on or after January 1, 2004, must
be phased in over a 10-year period. The district shall by ordinance set forth
the increments by which the increase in tax is phased in. Subject to ORS
267.260 (3) and (6), each increment may not increase the rate of tax by more
than 0.02 percent. [2003 c.739 §8]
     Sec.
9. Section 8 of this 2003
Act is repealed on January 2, 2014. [2003 c.739 §9]
     267.390
Acceptance of funds from
     (1) Accept, without limitation by any
other provision of ORS 267.010 to 267.390 requiring approval of indebtedness,
any contributions or loans from the United States for the purpose of carrying
out any provision of ORS 267.010 to 267.390; and
     (2) Do anything that the board considers
necessary in order to avail itself of aid, assistance or cooperation under this
section under any federal law. [1969 c.643 §37]
     267.395 [1969 c.643 §38; repealed by 1971 c.647 §149]
     267.400
Authority to issue short-term obligations; conditions. (1) A district may borrow moneys by issuing
notes, warrants or other obligations:
     (a) In anticipation of taxes or other
revenues, including but not limited to grants awarded by the state or federal
government; or
     (b) To refund obligations authorized under
this section.
     (2) To secure obligations authorized under
this section a district may:
     (a) Pledge as primary security for the
obligations the taxes and other revenues in anticipation of which the
obligations are issued, including but not limited to grants from the state or
federal government;
     (b) Pledge as secondary security for the
obligations the taxes and other revenues of the district other than those in
anticipation of which the obligations are issued;
     (c) Segregate any pledged funds in
separate accounts which may be held by the district or third parties;
     (d) Establish any reserves deemed
necessary by the district for the payment of the obligations; and
     (e) Adopt resolutions containing covenants
and provisions for protection and security of the holders of obligations, which
shall constitute enforceable contracts with such holders.
     (3) Each issue of obligations authorized
by this section:
     (a) If issued in anticipation of taxes,
shall not be issued prior to, and shall mature not later than the end of, the
fiscal year in which the taxes are expected to be received;
     (b) If issued in anticipation of other
revenues, including grants for operating purposes from the state or federal
government, shall not be issued more than one year prior to the time at which
the district expects to receive the last installment of the revenues or grants
in anticipation of which the obligations are issued, and shall mature not more
than one year after the date of issue;
     (c) If issued in anticipation of capital
improvement grants from the state or federal government, shall not be issued
more than 30 months prior to the time at which the district expects to receive
the last installment of the capital improvement grant in anticipation of which
the obligations are issued, and shall mature no later than 30 months after the
date of issue or six months after the time at which the district expects to
receive the last installment of the capital improvement grant in anticipation
of which the obligations are issued, whichever is earlier;
     (d) If issued in anticipation of taxes or
revenues other than grants from the state or federal government, shall not be
issued in an amount greater than 80 percent of the amount of taxes or such
other revenues budgeted to be received by the district and in anticipation of
which such obligations are issued; and
     (e) If issued in anticipation of grants
from the state or federal government, shall not be issued in an amount greater
than 80 percent of the amount of such grants.
     (4) Except as this section otherwise
specifically provides, obligations authorized by this section may be in any
form and contain any terms, including provisions for the varying of interest
rates in accordance with any index, bankersÂ’ loan rate or other standard. A
district may issue and sell as part of a single offering obligations in
anticipation of two or more grants from the state or federal government, in
which event the obligations constituting a part of the offering shall be issued
as separate series with one series corresponding to each grant in anticipation
of which the obligations are issued. A district may only pledge as primary
security for a series of obligations constituting part of a single offering the
grant in anticipation of which such series is issued. For purposes of subsection
(3) of this section, each series of obligations constituting part of a single
offering shall be a separate issue of obligations.
     (5) When the taxes or other revenues,
including grants from the state or federal government, in anticipation of which
the obligations authorized by this section are issued are not received by the
district at such time or in such amounts as will enable the district to pay the
obligations at maturity, the district shall, to the extent available, first
apply to the payment of the obligations the taxes or other revenues in
anticipation of which such obligations were issued, and the district may pay
the balance owing under such obligations out of any other taxes or revenues
available for such purpose.
     (6) The district may contract with third
parties to serve as issuing, paying and authenticating agents for any
obligations authorized by this section.
     (7) Obligations authorized by this section
shall be issued as prescribed in ORS chapter 287A.
     (8) Any pledge made pursuant to subsection
(2) of this section shall be valid and binding from and after the date of issue
of the obligations secured by such pledge and the taxes or other revenues
pledged shall be immediately subject to the lien of such pledge without the
physical delivery thereof, the filing of any notice or any further act. The
lien of any pledge made pursuant to subsection (2) of this section shall be
valid and binding 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.
     (9) The district shall deposit, when
received, a portion of the taxes or other revenues in anticipation of which the
obligations authorized by this section are issued in a separate account. Deposits
to the account shall be made according to a schedule which requires that not
less than 100 percent of such taxes or other revenues received by the district
after the estimated date of the districtÂ’s maximum cumulative cash flow deficit
be placed in the account until sufficient amounts are in the account to pay
principal and interest due on the obligations at maturity. The schedule shall
be established by the district in its proceedings to issue the obligations.
Moneys in the account shall be used only to pay principal and interest on the
obligations, and may be pledged by the district for such purpose. [1983 c.323 §4;
1985 c.433 §1; 2007 c.783 §85]
     267.410
Certain districts authorized to impose employer payroll tax on state agencies
and political subdivisions.
ORS 267.300, 267.380 and 267.410 to 267.430 apply only to a mass transit
district situated in a standard metropolitan statistical area with a population
exceeding 400,000. [1989 c.869 §7]
     267.420
Employer payroll tax on State of
     (2)(a) Any ordinance imposing an employer
payroll tax on an entity described in ORS 267.380 (1)(a)(C) shall provide that
for each of the four fiscal years after the fiscal year in which the employer
payroll tax was first imposed, the entity shall pay the applicable percentage
of the amount of employer payroll tax which, without regard to this section, it
would have been required to pay under the law.
     (b) The applicable percentage shall be
determined in accordance with the following table:
______________________________________________________________________________
     Number of fiscal years     The applicable
     after the fiscal year          percentage is:
     in which the employer
     payroll tax is first
     imposed:
                 One                            20
                 Two                            40
                 Three                          60
                 Four                            80
______________________________________________________________________________
     (c) In the fifth fiscal year after the
fiscal year in which the employer payroll tax is first imposed on an entity
described in ORS 267.380 (1)(a)(C) and in any subsequent fiscal year, the
applicable percentage shall be 100 percent. [1989 c.869 §4]
     267.430
Certain state agencies exempt from employer payroll tax. ORS 267.300, 267.380, 267.410 to 267.430 do
not apply to entities described in ORS 267.380 (1)(a)(C) that made, and that
continue to make, payments under the provisions of ORS 291.405 and 291.407
equivalent to the rate in effect on January 1, 1989. If a mass transit district
or transportation district does not collect a tax under ORS 267.300 (1)(g) or
267.615 (1)(g), ORS 267.300, 267.380 and 267.410 to 267.430 do not affect
payment under ORS 291.405 and 291.407. [1989 c.869 §6]
TRANSPORTATION
DISTRICTS
(Generally)
     267.510
Definitions for ORS 267.510 to 267.650. As used in ORS 267.510 to 267.650:
     (1) “District” means a transportation
district established under ORS 267.510 to 267.650.
     (2) “System” means the equipment,
facilities and other property constructed, erected or acquired by the district
and to be used in the transport of passengers. [1974 c.9 §1]
     267.515
Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following:
     (a) The nomination and election of 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. [Amended by 1983 c.350 §128]
     267.517
Use of alternative fuels for certain district vehicles; exceptions; annual
report; application to all district vehicles. (1) To the maximum extent possible, motor vehicles subject to the
control of a transportation district established under ORS 267.510 to 267.650
having a city within the district with a population exceeding 30,000 shall use
alternative fuel for operation.
     (2) To the extent that it is economically
and technologically possible, all motor vehicles purchased or leased by the
board of the district shall be capable of using alternative fuel. However, this
subsection does not apply if the vehicle will be primarily used in an area that
does not have and cannot reasonably be expected to establish an alternative
fuel refueling station or if the district is unable to secure financing
sufficient to cover additional costs resulting from the requirement of this
subsection.
     (3) Prior to July 1 of each year, the
board of the district shall submit an annual report to the Department of
Environmental Quality and the State Department of Energy. The report shall
contain at a minimum:
     (a) The number of purchases and leases of
vehicles capable of using alternative fuel;
     (b) The number of conversions of vehicles
from the use of gasoline or diesel fuel to the use of alternative fuel;
     (c) The quantity of each type of
alternative fuel used; and
     (d) Any other information required by the
Department of Environmental Quality and the State Department of Energy to carry
out their functions under subsection (4) of this section.
     (4) If the Department of Environmental
Quality and State Department of Energy determine that the use of alternative
fuel required by this section has been effective in reducing total annual motor
vehicle emissions in the district, the motor vehicles subject to the control of
the board of the district shall be capable of using alternative fuel, to the
maximum extent possible.
     (5) The board of the district shall comply
with all safety standards established by the United States Department of
Transportation in the conversion, operation and maintenance of vehicles using
alternative fuel.
     (6) As used in this section, “alternative
fuel” means any fuel determined by the Department of Environmental Quality to
be less polluting than conventional gasoline, including but not necessarily
limited to reformulated gasoline, low sulfur diesel fuel, natural gas,
liquefied petroleum gas, methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity. [1991 c.730 §4; 2003
c.186 §13]
(Formation)
     267.520
Method of forming district.
(1) In addition to initiatory action authorized by ORS 198.705 to 198.955,
proceedings to establish a district may be initiated by a resolution adopted by
the governing body of the most populous city in the proposed district and filed
with the county governing body, petitioning that body to call the election; or
     (2) The petition or resolution initiating
formation shall request, if the district is to impose operating taxes, that the
election to establish the district 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. [1974
c.9 §4; 1997 c.541 §360]
     267.530
Establishment of permanent tax rate limit at time of formation. If a district is to impose operating taxes,
a permanent rate limit on operating taxes within the meaning of section 11 (3),
Article XI of the Oregon Constitution, shall be established for a district at
the same election at which the district is established. If the petition or
resolution for initiating proceedings to establish the district contains a
proposed permanent rate limit, the county governing body that calls the
election shall confer about the 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 permanent rate limit for operating
taxes for the district within the meaning of section 11 (3), Article XI of the
Oregon Constitution, if the district is established in an election that is in
compliance with section 11 (8), Article XI of the Oregon Constitution. [1974
c.9 §5; 1997 c.541 §361]
(Board)
     267.540
Governing body; term; vacancies; chairperson; rules of procedure; report to
legislature. (1) The
governing body of a district shall consist of seven members elected from the
district at large for four-year terms. Vacancies shall be filled by the governing
body under ORS 198.320.
     (2) The chairperson of the county
governing body that calls the election on establishing the district shall
convene the first meeting of the district governing body and shall serve as
chairperson of the first meeting until the members choose a permanent
chairperson.
     (3) At its first meeting after July 1 each
year the district governing body shall choose a chairperson for the ensuing
year. The chairperson shall be the presiding officer of the governing body and
have whatever additional functions the governing body prescribes.
     (4) The governing body may adopt and
enforce rules of procedure governing its proceedings.
     (5) The district board shall report
biennially to the Legislative Assembly the activities of the district. [1974
c.9 §6; 1975 c.737 §4; 1983 c.350 §125]
(Powers)
     267.550
Status of district. (1) A
transportation 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 ORS 267.510 to 267.650
provide to the contrary, the powers of the district shall be vested in the
governing body of the district.
     (3) A transportation district formed under
ORS 267.510 to 267.650 shall be considered a district for all purposes in ORS
chapter 198. [1974 c.9 §8; 1975 c.737 §5; 1983 c.350 §126; 2003 c.802 §95]
     267.560
General powers. A
transportation district may provide public transportation and terminal
facilities for public transportation including local aspects thereof
transferred to the district by one or more other public bodies as defined in
ORS 174.109, through agreements in accordance with ORS 267.510 to 267.650. [1974
c.9 §9; 2003 c.802 §96]
     267.570
Powers relating to public transportation. (1) For purposes of public transportation, a district may:
     (a) Contract with the
     (b) Build, construct, purchase, improve,
operate and maintain, subject to other applicable provisions of law, all
improvements, facilities or equipment necessary or desirable for the system of
the district.
     (c) Enter into contracts and employ
agents, engineers, attorneys and other persons and fix their compensation.
     (d) Fix and collect charges for the use of
the system.
     (e) Construct, acquire, maintain and
operate passenger terminal facilities and motor vehicle parking facilities in
connection with the 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 determined 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 ORS 267.510 to 267.650.
     (2) A district shall be entitled to tax
refunds under ORS 319.831, as if the district were a city. [1974 c.9 §10; 1979
c.344 §2]
     267.575
Preparation of public transit system plan; contents; revision. (1) A district shall, within a reasonable
time after formation, prepare a broad, general plan for a public transit system
for the district. The plan shall be prepared in cooperation with the Department
of Transportation and cities and counties located within and adjacent to the
district.
     (2) The plan shall show existing and
proposed transit systems of the district and of other public and private
agencies relating to public transit. It shall demonstrate a basis for the
coordination and planning of future construction, improvement and equipment
acquisition of the district, governmental agencies and private interests to
assure maximum efficiency and use of public transit in the district. The plans
shall be based on the needs of the district and take into consideration the
plans and programs, if any, developed by the Department of Transportation and
cities and counties located within and adjacent to the district. The district
may have access to all information, statistics, plans and data in the
possession of or available to any state agency or public corporation which is
pertinent to the preparation of the plan and may reimburse the agency or
corporation for any expense incurred in cooperating with the board.
     (3) The district board shall revise the
plan as necessary for the proper control, utilization, development and
improvement of the district transit system. [1975 c.737 §3]
     267.580
Employees. The governing
body of a district may employ whatever administrative, clerical, technical and
other assistance is necessary for the proper functioning of the district, on
whatever terms the governing body considers in the best interests of the
district. [1974 c.9 §7]
     267.590
Interagency agreements. 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 ORS 267.510 to 267.650. [1974 c.9 §11]
     267.600 [1974 c.9 §3; repealed by 1983 c.350 §331a]
     267.610
Exemption from public utility regulation. Transportation facilities operated by a district, including the rates
and charges made by the district and the equipment operated by the district,
and transportation facilities operated for a district by a private operator
pursuant to a contract between the operator and the district, including the
rates and charges made by the operator pursuant to the contract, and the
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. [1974 c.9 §2]
(Finances)
     267.615
Financing methods. (1) For
the purpose of performing any of the powers conferred by ORS 267.510 to
267.650, a transportation district may use any of the following methods of
financing:
     (a) Service charges and user fees
collected under ORS 267.570 (1)(d).
     (b) Levy ad valorem taxes under ORS
267.620.
     (c) Use of a revolving fund as authorized
for mass transit districts under ORS 267.310.
     (d)
     (e) Levy of business license fees as
authorized for mass transit districts under ORS 267.360.
     (f) Levy of a tax measured by net income
as authorized for mass transit districts under ORS 267.370.
     (g) Levy of a tax measured by employer
payrolls as authorized for mass transit districts under ORS 267.380 and
267.385.
     (h) Acceptance and use of any
contributions or loans from the United States, without limitation by any other
provision of ORS 267.510 to 267.650 requiring approval of indebtedness.
     (i) Any combination of the provisions of
paragraphs (a) to (h) of this subsection.
     (2) A district shall not use any method of
financing authorized under subsection (1)(c) to (g) of this section without
first obtaining authorization at a properly called election held for that
purpose. [1975 c.737 §2; 1981 c.512 §1]
     267.620
Power to levy taxes. (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,
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
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 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. [1974 c.9 §12; 1991
c.459 §366]
     267.622
Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [2001 c.138 §13]
     267.630
Issuance and sale of bonds.
(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 ORS 267.510 to 267.650 a district, when authorized at
any properly called 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 issued in the same manner and form as
are general obligation bonds of the district but they 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 corporate limits
of the district and shall be payable solely from such part of revenues of the
corporation as remains after the payment of obligations having a priority and
of all expenses of operation and maintenance of the corporation. 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. [1974 c.9 §13;
1983 c.347 §20; 1991 c.459 §367; 2007 c.783 §86]
     267.640
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 governing body without
submitting to the electors the question of authorizing the issuance of the
bonds. [1974 c.9 §14]
     267.650
Finance elections. Elections
for the purpose of voting on the question of borrowing funds by issuance and
sale of general obligation bonds or revenue bonds shall be called by the
governing body. [1974 c.9 §15]
PENALTIES
     267.990
Penalties. Any person
violating a police ordinance of a mass transit district is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not more than
$250. [1969 c.643 §18(1)]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.