US Laws, Codes, Statutes & Cases

Chapter 267 — Mass Transit Districts; Transportation Districts

 

2007 EDITION

 

MASS TRANSIT AND TRANSPORTATION DISTRICTS

 

PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE

 

VEHICLE REGISTRATION FEES

 

267.001     Authority of certain mass transit and transportation districts to impose vehicle registration fees

 

MASS TRANSIT DISTRICTS

 

(Generally)

 

267.010     Definitions for ORS 267.010 to 267.390

 

267.020     Transfer of transit system to metropolitan service district; effect of transfer order

 

267.030     Use of alternative fuels for certain district vehicles; exceptions; annual report; application to all district vehicles

 

(Formation)

 

267.080     Creation of district; district jurisdiction

 

267.085     Resolution to form district; content; filing

 

267.090     Directors; appointment; term; vacancies; Governor to fix time of first meeting

 

267.095     Terms of directors first appointed

 

267.097     Governor to solicit recommendations for director in standard metropolitan statistical area with population over 400,000

 

267.107     Resolution to create certain districts; contents

 

267.108     Director election and district formation election under ORS 267.107 held at same time; designation of subdistricts

 

267.109     Costs of election under ORS 267.107

 

267.112     Directors for districts formed under ORS 267.107; terms; vacancies; compensation and expenses

 

267.114     Minimum area of district

 

(Board; Ordinances)

 

267.120     Officers of board; terms; oath

 

267.125     Meetings of board; quorum

 

267.130     Additional compensation prohibited

 

267.135     General manager; qualifications; term; removal

 

267.140     Duties of general manager

 

267.145     General manager’s attendance at board meetings; pro tempore manager

 

267.150     Ordinances; regulating use of facilities; public hearings; route, schedule changes

 

267.170     Initiative and referendum

 

(Powers)

 

267.200     Existence, status and general powers of districts

 

267.203     Authority to enter into transaction for electricity or diesel fuel

 

267.205     Classification and designation of service areas; determination of area financing

 

267.207     Change of district boundaries; elector approval; withdrawal of service from area; territorial jurisdiction of district; boundary commission exemption

 

267.208     Effective date of change of boundaries; filing boundary change with county assessor and Department of Revenue

 

267.210     Preparation of general plan for mass transit system; content; revision

 

267.218     Feasibility reports and public bidding not required for construction and improvement projects costing less than $50,000

 

267.225     Intergovernmental agreements; condemnation of authority; joint occupancy

 

267.227     Relationship with Oregon Mass Transportation Financing Authority

 

267.230     Exemption from public utility or railroad regulation

 

267.235     Protection of employees’ rights when an operating transportation system is acquired

 

267.237     Criminal records check; fitness determinations; rules regarding dissemination

 

267.240     Accessibility of facilities and equipment to elderly and persons who have disabilities

 

267.245     District exempt from right of way fencing requirements

 

(Withdrawal of Territory From District)

 

267.250     Definitions for ORS 267.250 to 267.263

 

267.253     Petition for withdrawal from district; filing period; number of signatures; contents of petition

 

267.255     Hearing on petition; notice

 

267.257     Study of area proposed to be withdrawn; approval or denial of withdrawal; judicial review

 

267.260     Withdrawal ordinance; effective date; adjustment in district tax rate as result of withdrawal

 

267.263     Withdrawal of territory not subject to boundary commission review

 

267.265     Use of moneys derived from withdrawal of territory from district

 

(Finances)

 

267.300     Authority of district to finance system

 

267.302     Restrictions on financing for districts formed under ORS 267.107

 

267.305     Levy, collection, enforcement of ad valorem taxes

 

267.310     Revolving fund; authority to levy ad valorem taxes for fund

 

267.320     User charges, fees and tolls; persons over 65

 

267.325     Lease purchase agreements

 

267.330     General obligation bonds; conditions; interest rate; payment of principal and interest; pledge of net revenue

 

267.334     Electoral approval for issuance of general obligation bonds by Tri-Met to fund extension of light rail

 

267.335     Authority to issue revenue bonds; interest-bearing warrants

 

267.340     Refunding bonds

 

267.345     Issuance of bonds

 

267.360     Business, trade, occupational and professional licenses and fees; exceptions

 

267.370     District taxing authority

 

267.380     Definitions for ORS 267.380 and 267.385

 

267.385     Employer payroll tax; collection; enforcement

 

267.390     Acceptance of funds from United States

 

267.400     Authority to issue short-term obligations; conditions

 

267.410     Certain districts authorized to impose employer payroll tax on state agencies and political subdivisions

 

267.420     Employer payroll tax on State of Oregon and political subdivisions; requirements for tax ordinance

 

267.430     Certain state agencies exempt from employer payroll tax

 

TRANSPORTATION DISTRICTS

 

(Generally)

 

267.510     Definitions for ORS 267.510 to 267.650

 

267.515     Application of ORS chapter 255 to district

 

267.517     Use of alternative fuels for certain district vehicles; exceptions; annual report; application to all district vehicles

 

(Formation)

 

267.520     Method of forming district

 

267.530     Establishment of permanent tax rate limit at time of formation

 

(Board)

 

267.540     Governing body; term; vacancies; chairperson; rules of procedure; report to legislature

 

(Powers)

 

267.550     Status of district

 

267.560     General powers

 

267.570     Powers relating to public transportation

 

267.575     Preparation of public transit system plan; contents; revision

 

267.580     Employees

 

267.590     Interagency agreements

 

267.610     Exemption from public utility regulation

 

(Finances)

 

267.615     Financing methods

 

267.620     Power to levy taxes

 

267.622     Filing boundary change with county assessor and Department of Revenue

 

267.630     Issuance and sale of bonds

 

267.640     Refunding bonds

 

267.650     Finance elections

 

PENALTIES

 

267.990     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 Oregon county in that standard metropolitan statistical area. [Formerly 267.100]

 

      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 director’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 city’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 days’ 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 manager’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 United States or with any county, city, state, or public body, or any of their departments or agencies, or a nonprofit corporation, or any person, for the construction, acquisition, purchase, lease, preservation, improvement, operation or maintenance of any mass transit system.

      (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 user’s convenience.

      267.207. (1) The board of directors of a mass transit district may alter the territorial bo